Thursday, October 29, 2009

In Pelosi's Health Care Bill

States are eligible to receive incentives for enacting effective medical liability alternatives. (p. 1431)
IN GENERAL.--To the extent and in the amounts made available in advance in appropriations Acts, the Secretary shall make an incentive payment, in an amount determined by the Secretary, to each State that has an alternative medical liability law in compliance with this section.
Of course, there's a catch.
CONTENTS OF ALTERNATIVE MEDICAL LIABILITY LAW.--The contents of an alternative liability law are in accordance with this paragraph if--

(A) the litigation alternatives contained in the law consist of certificate of merit, early offer, or both; and

(B) the law does not limit attorneys' fees or impose caps on damages.
Can't do anything to harm the trial lawyers.

Sunday, October 25, 2009

Why Don't We Just Make Them Provide a Babysitter with Every Sale?

Since ultimately it is product manufacturers, not parents, who should be responsible for children's safety.
According to trial testimony, the accident occurred after Kurt Norton went outside to mow his backyard despite no other adult being home to supervise five children ages 9 and younger that he left inside the house watching television.

In his closing argument Wednesday, Deere’s attorney said another child who witnessed the accident reported that Norton accidentally backed over Isabelle, not knowing she’d come outside, as she was apparently trying to climb up onto the back of the machine.

Eugene attorney Dwight Purdy, who filed the suit as guardian for Isabelle, expressed “incredible disappointment” on behalf of the girl and her family.

“We strongly disagree with the jury’s verdict,” he said. “John Deere must be held accountable for product safety, especially the safety of children.”
As parents we should be free to leave our children unsupervised, safe in the knowledge that the manufacturers of every product we own have designed their wares to prevent every possible use or misuse that may result in harm.

via Overlawyered
 
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