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03.17.2008 4:38 pm

Thanks to the Supreme Court, businesses will protect consumers

St. Louis Post-Dispatch
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Thank God for the Republican Supreme Court.  In a recent decision, this strict constructionist court held that consumers injured by a defective medical device cannot bring another costly lawsuit.  These pesky lawsuits are harming big pharmaceutical companies.  I don’t care if ordinary people are devastated by defective products.  In the long run, we are better served by profits to big business.  While we’re at it let’s reduce most, if not all, tort cases.  They are costly to business, and eventually, to all of us.Let people who are harmed handle the burden on their own.The courts should be open only for businesses to fight over contracts and such.  Let’s also eliminate taxes on corporations.  These hurt the consumer in the long run and are a drag on the economy.  Let’s also any regulation of business.  Business will regulate itself.  Pollution will be decreased because they will see that it is in their own self-interest to clean up after themselves. Let the free market rule! 

David R. Jones

Edwardsville


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19 comments

Comments are closed.

Chickens, meet Mr. Fox, he’ll be guarding your hen house from now on. He has your best interests at stomach…errr, I mean heart.

— Red State Funnel Cake
6:08 pm March 17th, 2008

Mr. Jones,

It is probably a waste of time trying to reason with someone that honestly believes the problem with American is not it is not easy enough to sue and that we need more government regulations.

It is obvious that you do not have a basic understanding of economic principals. For example, it is not in the best interest of a pharmaceutical company to make a drug that kill people. The government can have a role by disseminating information about the drug to allow people to decide whether the benefits exceed the risks. Extreme regulation and parasitic law firms drive up the cost and time to market of the drug. The citizens suffer by not getting the drugs they need at the cheapest possible price.

You can pass laws to make people such as yourself feel better. You cannot pass laws that repeal the basic principle of market based economics.

— David H.
7:08 pm March 17th, 2008

All lawsuit caps should be eliminated. Why should hospitals or doctors care if a patient dies or suffers other complications if there is no consequences for their actions.

They figure hey I can’t be sued or if sued for just a small sum as settlement, so who cares if I don’t try hard enough to save or treat a patient effectively. I’m still getting paid and that’s all that matters in the long run.

— Steve
7:14 pm March 17th, 2008

Here, here!! What a jolly good letter!! Points out that the human race has become once again some kind of 19th century tool to be used by the large corporations same as a drill press or a disposable diaper. Use it up, throw it away.

— willys
7:31 pm March 17th, 2008

David do you work for a pharma company about ready to lay you off?

Get real.

Your letter makes you sound like some crazed individual. Were you drunk when you wrote this letter??

— Mohammed
7:36 pm March 17th, 2008

That was a joke letter. Right?

— slamfist
8:22 pm March 17th, 2008

Mohd.

You do not sound drunk. You merely sound like an uneducated person that does not understand basic economics.

— David H.
9:30 pm March 17th, 2008

Oh shove your Economic bull. You’re so uneducated, David, maybe you will be a Doctor’s mistake….they bury their mistakes. And maybe you’ll take a new med and it will do a number on you permanently and you better not sue; wouldn’t want to toil with the economics of the matter.

— Scott
9:41 pm March 17th, 2008

Post #2—-Either drunk or idiotic.

— Cher
9:43 pm March 17th, 2008

I’m David and I’m majoring in Econ 101 and I know my stuff damnit.

— Dan
9:46 pm March 17th, 2008

I see this post has attracted the loony left. I have always said that it is a waste of time trying to talk sense to idiots who base all of their decisions on emotions rather that logic.

— David H.
10:03 pm March 17th, 2008

This reminds me of Tucker Carlson calling John Edwards a personal-injury lawyer specializing in “Jacuzzi” cases…

http://www.dailykos.com/storyonly/2004/7/15/182137/909/192/38448
On a summer evening in 1993, David Lakey took his little girl swimming at a recreation center in Raleigh, N.C. Valerie Lakey was 5 years old, a good swimmer, and she and her friends liked to splash around in the children’s wading pool that stayed open a little later than the big pool where they usually swam.

That’s what Valerie was doing when a nearby mom heard her call out for help. Valerie was sitting on the bottom of the shallow pool, and the suction from the drain was holding her down. David Lakey raced to free his daughter but couldn’t. Other parents jumped in the water to help, but they couldn’t get Valerie loose. Valerie was scared, and she began to say that her stomach hurt.

Time passed, and somebody figured out how to turn off the pool’s pump. The suction broke, and Valerie was released from its grip. But as David Lakey pulled his daughter from the water, blood and tissue filled the pool. Valerie’s intestines had been sucked out.

David Lakey slumped to the ground on the side of the pool. He held his daughter on his chest, praying as they waited for an ambulance. Over and over, he told Valerie, “Daddy loves you. Daddy loves you. Daddy loves you.”

So, let’s review.

Five year old girl gets stuck by a pool drain that is so powerful it not only pins her to the bottom of the pool, but slowly pulls out most of her intestines, foot by foot, while she screams and her father and others desperately try to figure out how to turn the damn thing off and free her before she dies. During the trial, it comes out that this is not the first such occurrence. Indeed, at least 12 other children suffered similar injuries from drains produced by the manufacturer, none of which caused the company to make the d-amn modification — about $1 per drain — that would have prevented those injuries. Oh, and the five year old, because she now has no intestines, will spend the rest of her life being fed intravenously.

Tucker Carlson hears about this, and his attitude is…

That ambulance-chasing b-astard. How dare he sue that company.

— Lisa12
11:22 pm March 17th, 2008

David H.,
I suppose if your daughter’s intestines were sucked out by a pool drain you would manage to be calm and emotionless as you logically conclude that it is more important for a company to save $1 per drain than have to worry about little kids being maimed or killed by those drains.

— Lisa12
11:38 pm March 17th, 2008

What had a “defective medical device” have to do with a swimming pool drain????. I have built many swimming pools.. Had I known they were “medical devices” I would have charged the pool buyers another $10,000 at least.

Woe is me, I’m always the last to know.

— johnh
6:20 am March 18th, 2008

You litigation lottery folks in the trial lawyers protective association are amazing. No one, even evil corporate CEO’s wants the intestines sucked out of little 5 year old girls. No doctor, nurse, or hospital is trying to harm patients. Emotional, heart wrenching stories make great theater, but not very good law.

Legal recourse is necessary and aviaiable in both criminal and civil courts. The USA has more attorneys per capita than any nation on earth. We have court dockets that can’t be managed and offenders walking the streets on bail, probation, or plea bargains because courts are backed up to doomsday. Except in extreme cases corporate defendants will pay huge settlements and forego their day in court just to avoid the tremendous costs of years of litigation. Just like taxes, the costs of these blackmail settlements are paid by the customers, shareholders, and employees of the piece of paper that is the corporation.

People in the legal industry are no better inherently than those in the pharmaceutical industry, hospitals, or pool manufacturers. Government worshipers like David Jones and Lisa12 who demonize every segment of our free enterprise system, have their own anti capitalist agenda. If the courts won’t support their agenda, then they must be Republican, constructionist, negligent, or also evil.

— Bb
7:37 am March 18th, 2008

Johnh- it has nothing to do with defective medical devices but then neither did the letter, entirely.
There, in the fourth line of the letter, see it?……..” defective products.”

— slamfist
12:32 pm March 18th, 2008

am i the only one who remembers studying us history of the late 19th century? arent we coming awfully close to the robber-baron era?

— marvin
6:30 am March 19th, 2008

One difference, marvin. When today’s robber barons are mentioned in print there is a (R) or a (D) following their names.

— Bb
7:53 am March 19th, 2008

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