The Cooper Firm

Whenever health care reform is proposed, some people instinctively think more so-called ‘tort reform’ should be the solution to the debate (see Marietta Daily Journal, 8-10-09).  This effort diverts us from the real issue at hand—affordable, attainable and safe healthcare.  Insurance companies and others who are fearful of accountability for medical negligence regularly employ the “Deny and Distract” routine.  First, when faced with hard numbers and legitimate research placing blame not on lawyers, but on their own industries, they ‘Deny’ any accountability.  Then they employ methods of ‘Distraction’ to tear us off the course to finding real solutions.  ‘Tort reform’ is such a distraction. 

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Summer is here.  For many of you this means a more relaxed schedule without the demands of school and the other myriad of extra curricular activities which take place during the school year.  Summer is also a time for our children to unwind and enjoy getting away from the hectic pace of the school year.

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We have heard dozens of stories on the news in the past few weeks about Chrysler’s bankruptcy and the effect it will have on millions of Americans who are in one way or another creditors of the company. One story which has not received much media attention is Chrysler’s decision to refuse to accept responsibility for its defective products which injure or kill the consumers.  There are hundreds of pending product liability claims against Chrysler which will be extinguished by the bankruptcy court judge if Chrysler and the federal government have their way.  It gets worse. Chrysler will also have immunity for any of its defective products which were sold before the bankruptcy plan is approved and which injure or kill consumers in the future.

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 By the time you read this article, our Governor will likely have introduced laws giving immunity to companies that make defective medical devices. In fact, by the time you read this article the Georgia Legislature may have already passed this legislation.

The Governor’s medical device immunity legislation is part of a broader agenda to pass so called “tort reform” laws.  Many Christians who are politically conservative find themselves supporting “tort reform.” To these people, tort reform is understood as enacting laws which discourage frivolous lawsuits. Tort reform advocates use buzzwords such as “frivolous lawsuits, jackpot justice, and greedy trial lawyers” to make others believe that enacting tort reform laws will fix the problems with our legal system. 

 

 

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The Food and Drug Administration (“FDA”) has tied the most recent salmonella outbreak to a peanut plant in south Georgia, Peanut Corp.  Salmonella is a bacteria and the most common source of food poisoning in the U.S., causing diarrhea, cramping and fever. More than 500 people have gotten sick,  280 of those diagnosed with Salmonella Typhimurium are under 18, some infants.  Currently, there are 8 known deaths. 

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In Georgia, Fayette State Representative Matt Ramsey is proposing to make it illegal for teenagers under the age of 18 to talk, text or e-mail and instant messaging on their cell phones while driving.  If approved by the legislature, violators would face up to a $175 fine on their first offense and $400 fine the second and subsequent offenses.  If they are determined to be at fault, teens under 18 who get into an auto accident while using a cell phone will face a doubling of their fine and 90-days license suspension.  Their second offense will evoke a six-month suspension. 

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In a recent New York Times article, representatives of the United States Chamber of Commerce brag about their "tort reform" efforts. The U.S. Chamber has declared war on trial lawyers, particularly class action lawyers. Unfortunately, the collateral damage of this war is the erosion of most citizens’ constitutional right to a trial by jury.

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So much is made of abuse of the court system in America. Is it true? Consider the following statistics:

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Here are ten simple steps to preventing accidents. These are great to share with teenagers.

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Here are ten safety features that are most important to consider when looking for a family vehicle.

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