Litigation In The Us

By Author: Steven Johnson
Total Articles: 490
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Every time we come to elections, you probably notice how attorneys are suddenly being debated. The GOP claims they are the spawn of the Devil. Their sole purpose in life is to put all businesses into an early grave. The theme is simple. Every mistake can be evidence of negligence and, without tort reform, we will all suffer. The Democrats sing the song that attorneys are the only thing standing between consumers and predatory businesses. This highlights two quite separate but important problems. First, we have become a very litigious society. If anything goes wrong and we have the money (or are insured), the first reaction to any loss is to blame others and sue them. Consequently, we have one of the most active court systems in the world. Second, there's a real shortage of adequate laws to protect consumers. This encourages everyone to sue using the law of tort and there we get into long-running cases where attorneys make a lot of money.

Let's move over to New Jersey where a case has just finished against Roche for their acne treatment. Three claims were heard together. They alleged the drug had caused serious ulcerative ...
... colitis. You probably read about this because several Hollywood celebrities were involved as plaintiff and witnesses. The result was a 2 to 1 win for Roche with two of the claims being dismissed by the jury. In reporting this, we can gloss over the fact there are some three-thousand similar claims outstanding. There's a bandwagon effect. Once word goes around that there's one claim, other plaintiffs suddenly appear. No matter what the merits of these claims, there are some instructive lessons from other countries.

In Europe, only a qualified dermatologist can prescribe this drug, and he or she is directly responsible for monitoring the progress of the treatment. Patients are usually required to attend the clinic or hospital once a month for a check-up. This ensures a lower risk the drug will be abused by the patients. There's evidence US patients want the cure now and not tomorrow, so they decide to increase the dosage or extend the period of treatment. Without proper supervision, the drug can therefore cause more damage. The fact there are warnings in the literature given out with every prescription is not helpful. Few people ever read them from start to finish. In New Zealand, there's very clear research evidence showing low dosages are safe and effective. Such evidence is unlikely to affect the behavior of our teens who are determined to have perfect skin no matter what the cost.

There are always risks of adverse side effects when people abuse drugs. Accutane is a powerful drug and it can damage your body if you take too high a dose or take the recommended dose for too long. Unfortunately, we blame others when we injure ourselves. The fact Roche gives a warning about intestinal and bowel risks is brushed aside. We should only be limited in our claims if the manufacturer can show we actually knew of the risks. Now you see why the GOP thinks attorneys should be locked away. They confuse a simple truth. Accutane is safe so long as you follow the rules.