Class action suits. Tort awards

The $90 million judgment against Stanford Medical School and the Palo Alto Medical Foundation is not a class action suit since it involves only one person, but it should add fuel to the fire of debate about large tort awards. The present system is endangering the whole medical profession and also manufacturing companies. There is a powerful movement in Congress, led by Republicans, to remedy the situation. A group of them gave a press conference in which they discussed asbestos suits. Negligence should not be charged if the event took place before the effects of asbestos were known, but that does not seem to be an impediment. As a result of lawsuits,70 corporations have gone bankrupt and more will probably follow. Amazement was expressed that the Supreme Court had ruled that individuals who had been exposed to asbestos but had not suffered any ill effects could sue.

In the Senate, Jeff Sessions (R:, Alabama), a lawyer by profession, introduced a class action reform bill with a speech in which he gave examples of gross anuses of the system. Lawyers seek out a venue anywhere in the country where there is judge or jury known to be sympathetic to plaintiffs in these cases. Many of these judges are elected and are therefore politicians. Senator Sessions proposed that class action suits be federalized, and that they be judged in district courts, with appeals going to the Supreme Court. In view of the above-mentioned complaint against the Supreme Court, this would not be a waterproof guarantee of fairness, since federal judges are now named and confirmed for political reasons. However,it would be an improvement. Senator Sessions produced a copy of the constitution to prove that his bill is in accord with the intentions of the Founding Fathers.

Senator Sessions quoted grotesque cases of abuse by lawyers. In some cases plaintiffs receive just a few dollars and then are presented with a large lawyer's bill. This made me wonder. I have on my desk papers titled "Microsoft California Standard Claim Form, the result of a judgment in the Superior Court for the State of California, City and County of San Francisco". With no proof of purchase I could honestly collect $48. However, would I then be presented with a bill for several hundred dollars? Senator Sessions has made me think; he actually mentioned a case involving computer dusks, without naming the manufacturer.. The debate on his bill will begin soon. From what I know, it deserves general support. In any case, the discussion should open up to debate an abuse which endangers the nation. The hearings should be of the utmost importance and they deserve our attention.