Assume a damage award cap of $500,000. The standard consignment agreement provides the attorney 40% of any potential award. This means the attorney's cap on any possible recovery is $200,000. This is a pittance when factoring in the enormously expensive costs of prosecuting a civil lawsuit against a corporation. Any corporation or insurer will simply continue litigating until the maximum amount the plaintiff's attorney can expect is exceeded - at which point he is forced to drop the suit. Civil lawsuits, with the possibilities for large damage awards will end, and Americans will be effectively denied what had been another Constitutionally guaranteed right.
Besides denying Americans their day in court, other damages will inevitably result as a consequence of tort reform. Defective products will often be exposed to the bright light of day during a law firm's investigation. 8 million of Firestone Tire Company's defective tires were recalled in 1999. Many lives were saved by getting Firestone tires off the road. Investigators discovered that Firestone continued selling its defective tires in the U.S. even after mounting evidence showed the tires were killing people in other countries. And the tires continue killing. Since the recall over 500 more people have lost their lives due to Firestone's defective tires. Firestone has called the resulting lawsuits frivolous.
In the late 70's a dozen or more toy manufacturers began selling lawn darts. Investing attorneys discovered the darts were not toys, but lethal projectiles that were seriously injuring children. The darts were heavy and sharp enough to penetrate the skull, and many children were killed, maimed or disfigured - over 6000 of them as reported by the nation's hospital emergency rooms. Even though Lawn Darts, like Firestone's Tires, have been recalled and discontinued, they continue killing and injuring people.
A corporation will not voluntarily recall its defective products. The public often must depend on a law firm's discovery process to remove defective and life threatening products from the market. Tort reform will effectively keep such products hidden from the public's attention. Discovery through investigation can be very expensive, and often exceed the maximum limit of damage award caps. The Congress agrees that any national health care plan must come with tort reform, and when Congress is in agreement its time for Americans to seek shelter.
When the dust settles over health care Americans shouldn't be surprised when they learn that obtaining legal council in a civil action is no longer possible. Only those wealthy enough to afford justice will have it. As Michael Moore says - "Capitalism. It's a love affair."
Insurance corporations are helping to finance defective products.
The U.S. has the most expensive and one of the least effective systems of health care in the world, and the insurers would not have it any other way. If they can stop meaningful health care legislation from becoming law, and reform tort law at the same time, their fondest dreams will be realized.
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