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Unequal Harm: The Disproportionate Damage to Women from Dangerous Drugs and Medical Devices

Throughout modern history, women have suffered disproportionately from the effects of dangerous and defective drugs and medical devices.  Women take more medications than men, respond differently to them, and are more likely to suffer adverse drug events.  Because of the recent Riegel v. Medtronic (2008) and PLIVA, Inc. v. Mensing (2011) rulings by the U.S. Supreme Court, women injured or killed by dangerous drugs and medical devices may not be able to hold these manufacturers accountable.

Top 10 Ways the U.S. Chamber Hurts Americans

In its newest web feature, Top 10 Ways the U.S. Chamber Hurts Americans, AAJ exposes the U.S. Chamber’s actions to bail out Wall Street, close the court house door on American consumers and businesses, protect polluters and drown elections in corporate money. The list focuses on efforts that have had a direct, negative impact on Americans.  

Do As I Say, Not As I Sue: Exposing the Lawsuit-Happy Hypocrites of U.S. Chamber’s Institute for Legal Reform

The Institute for Legal Reform (ILR), an arm of the U.S. Chamber of Commerce, has the sole mission of restricting the ability of individuals harmed by negligent corporations to access the civil justice system. According to the multinational corporations that finance ILR, American businesses are hindered by too many lawsuits. Yet these same corporations show no hesitation in liberally using the courthouse themselves.

Medical Negligence: The Role of America’s Civil Justice System in Protecting Patients’ Rights

Preventable medical errors kill and seriously injure hundreds of thousands of Americans every year. Any discussion of medical negligence that does not involve preventable medical errors ignores this fundamental problem. And while some would prefer to focus on doctors’ insurance premiums, health care costs, or alternative compensation systems – anything other than the negligence itself – reducing medical errors is the best way to address all the related problems. Preventing medical errors will lower health care costs, reduce doctors’ insurance premiums, and protect the health and well-being of patients.

Playing with Safety: Dangerous Toys and the Role of America’s Civil Justice System

Since 1974, the Consumer Product Safety Commission (CPSC) has issued more than 850 recalls for toy products, many for hazards like magnets, lead and other dangers hidden in our children’s toys.

 Between 2004 and 2008, toy-related injuries increased 12 percent. Also, The CPSC is woefully under-resourced to cope with the flood of new products entering the U.S. marketplace.

The Chamber Litigation Machine: How the Chamber Uses Lawsuits to Keep Americans Out of Court

For years, the U.S. Chamber of Commerce has led the charge to undermine and destroy America’s civil justice system. The Chamber has spent hundreds of millions of dollars financing efforts to close the courthouse doors to American consumers through massive lobbying campaigns, advertising and bankrolling anti-consumer political candidates. It has its own multimillion dollar affiliate, the Institute for Legal Reform (ILR), whose sole mission is to restrict the ability of individuals harmed by negligent corporations to file suit.

Yet ironically, the Chamber is also one of the most aggressive litigators in Washington, D.C., appearing in hundreds of lawsuits a year, entering lawsuits at a rate of twice weekly.  The hypocrisy is striking.  In almost every case, the Chamber’s litigation on behalf of corporations has come at the expense of Americans’ health or financial security.

Standing Up For Seniors: How the Civil Justice System Protects Elderly Americans

There are many laws and regulations aimed at protecting seniors, yet government agencies, non-profit watchdogs and media organizations consistently report that serious problems exist in our nation’s nursing homes.  

The same is true of insurance companies that mislead and defraud vulnerable seniors. Insurance industry regulators protest that they can do nothing. Even when they do raise their hands, they more often than not strike deals to keep fines to a minimum and settlements secret.

Hazardous to Your Health: How the Civil Justice System Holds Corporate Polluters Accountable

Trial attorneys have long been on the front lines of the environmental movement, opposing corporate plans to wipe out forests, cut down mountain tops, and destroy entire ecosystems.

When corporate acts have resulted in devastation for ecosystems and communities, the initial outcry of politicians and regulators has often died out as time has gone by. However, the attorneys seeking justice for such acts fight on, sometimes over decades and against the most powerful corporations on the planet.

ALEC: Ghostwriting the Law for Corporate America

Few have ever heard of it, but the American Legislative Exchange Council, or ALEC, is the ultimate smokefilled back room. 

On the surface, ALEC’s membership is mostly comprised of thousands of state legislators. Each pays a nominal membership fee in order to attend ALEC retreats and receive model legislation. ALEC’s corporate contributors, on the other hand, pay a king’s ransom to gain access to legislators and distribute their corporate-crafted legislation.So, while the membership appears to be public sector, the bankroll is almost entirely private sector. In fact, public sector membership dues account for only around one percent of ALEC’s annual revenues.

Driven to Safety: How Litigation Spurred Auto Safety Innovations

Up until the 1960s, car manufacturers were only held liable for defects in construction that resulted in accidents and had largely avoided responsibility for defects in design. Even when a design defect caused a car to burst into flames, manufacturers succeeded in persuading courts that “no duty exists to make an automobile fireproof.”

Manufacturers had a large body of knowledge proving that car design – particularly in regard to steering columns, dashboards, windshields and passenger restraints – was extremely unsafe to car occupants, but did nothing about it. Style was valued over safety. The cost of largely unnecessary styling changes amounted to, at the time, $700 per car, yet the average safety expenditure amounted to just 23 cents. For instance, many manufacturers used chrome enamel dashboards for their aesthetic value, despite evidence that the dashboards commonly refl ected sunlight into drivers’ eyes and blinded them.

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