AMERICAN CONSUMERS TRUMP TORT "REFORM" CONGRESS

Despite unprecedented lobbying by the U.S. Chamber of Commerce, the National Association of Manufacturers, the insurance and tobacco industries and efforts by some congressional leaders seeking to malign trial lawyers, the 105th Congress adjourned in October without enacting any significant tort "reform" measures - changes in the legal rights of consumers - that would threaten the health and safety of American families.

Thanks to the hundreds of thousands of concerned citizens who phoned, wrote, faxed, and e-mailed members of Congress in support of the civil justice system, and the efforts of grassroots organizations across the country, these anti-consumer measures were defeated - a victory many political observers believed would be impossible in the current political climate.

These grass roots consumer efforts helped defeat the following threats to America's civil justice system and the belief that wrongdoers should be held accountable when their actions cause harm:

AUTO "CHOICE" NO-FAULT INSURANCE. If passed, this bill would have federalized auto insurance; eliminated personal responsibility among drivers; imposed unfunded federal mandates on the states; and shifted auto-related medical claim costs from auto insurers to Medicare, Medicaid, health insurance, and workers' comp - thus increasing costs for businesses and taxpayers. Thanks to strong public opposition, supporters of auto "choice" were unable to muster favorable committee action, and were never able to bring the bill to a vote in either house - a tremendous victory for American consumers and the civil justice system.

PRODUCT LIABILITY. This past July, American consumers and their advocates soundly helped build support in the Senate for a bipartisan defeat of the so-called "compromise" product liability bill. This bill - by arbitrarily capping punitive damages and barring certain consumers from court - would have had a devastating effect on the ability of injured Americans to win justice.

MEDICAL MALPRACTICE. Several efforts in the 105th Congress to limit medical malpractice liability were unsuccessful. As a result, Congress adjourned without enacting any federal limits on recovery by those injured or killed as a result of medical negligence. On a related note, in the District of Columbia, an unusual appropriations provision called upon the D.C. Control Board to study the need to cap medical malpractice damages. After weighing the evidence, the Board concluded that malpractice limits are unnecessary and undesirable.

TOBACCO/ATTORNEY FEE LIMITS. Public health and consumer organizations succeeded in killing legislation that would have provided unprecedented special legal protection to the tobacco industry and - in order to deny legal representation to those willing to take on Big Tobacco -limited the compensation of attorneys representing injured consumers and taxpayers in 42 states.

CLASS ACTIONS. Although the House Judiciary Committee and a Senate Judiciary panel approved legislation that would have federalized virtually all class actions, ATLA and its public health and consumer allies worked to prevent a vote on the measure in either house of Congress. The legislation, which was promoted by the U.S. Chamber of Commerce, would have delayed or denied justice to countless injured Americans.

ASBESTOS. An effort to establish federal medical criteria for compensating asbestos claimants and to institute an administrative compensation system failed. Enactment of this legislation would have deprived thousands of Americans of their legal rights.

LIABILITY OF BIOMEDICAL SUPPLIERS. Although legislation to shield the suppliers of raw materials for implantable biomedical devices was enacted, American consumers and public safety groups successfully eliminated from the bill: protection for the manufacturer or seller of the device, protection for suppliers of raw materials for silicone gel breast implants, protection for negligent suppliers, and a loser pays provision. Research shows the new law would not have inhibited any past, current, or likely future liability litigation.

RAILROAD LIABILITY. An effort to cap non-economic and punitive damages in individual cases for injuries arising from passenger rail accidents was stopped. Ultimately, Congress restricted total allowable awards to rail passengers arising from a single accident to $200 million. No awards for a single incident have ever reached this threshold.

Y2K. The President proposed, and Congress enacted limited, temporary liability protection for statements about year 2000 products and readiness, but no product liability relief.

Despite these victories, American consumers cannot rest for long! Many of these issues will once again arise when Congress reconvenes in January 1999. Consumer and safety advocates will, of course, continue to monitor and vigorously oppose all threats to the legal rights of consumers, workers, and all injured people. Where rights are now denied or limited, these groups will fight to restore them.

Maintaining personal and corporate responsibility and accountability are essential in keeping our families safe and their rights secure.