personal injury law

Article written by: Sean Quinn

THE HYPOCRISY OF TORT REFORM

Tort reform has long been a hot button issue in America, and it is likely to get hotter as we approach the 2012 presidential election. It is time now to expose these tort reformers for what they really are: hypocrites and liars. Tort reformers, led by the Republican presidential candidates, Big Business, Big Pharma, and Big Insurance, contend that the American civil justice system must be fundamentally overhauled because of frivolous lawsuits, greedy trial lawyers, activist judges, and out-of-control juries. They claim, without any evidence or data, that our economy and health care system are going to sink further into an abyss if we dont act now. Tort reformers propose that we: eliminate jury trials, establish caps on monetary damages, establish a loser pays model, establish caps on attorneys fees for lawyers representing plaintiffs, and provide immunity, in some instances, from lawsuit altogether. What tort reformers dont tell you is the truth. The truth is that tort reformers want to destroy the civil justice system a civil justice system so important to our Founding Fathers that they established the right to a jury trial in the Seventh Amendment of the United States Constitution solely for the benefit of their own business and financial interests. Not your interests. Allow me to pull the curtain back and expose some of these hypocrites: Constitutional Conservatives: This is the group of self-proclaimed conservatives that believe we need to strictly follow and adhere to the United States Constitution as written by our Founding Fathers. This group chides judges that interpret the Constitution as activists. How is it then that many of these conservatives, whom have such respect for the Constitution and vision of our Founding Fathers, are also tort reformers? Have they not read the Seventh Amendment, which establishes the right to a jury trial in this country? How can they be against something that was so clearly important to our Founding Fathers that they sought fit to include it in the Bill of Rights? The answer: they are hypocrites. They only believe in the strict construction of the
Originally published on: www.PhiladelphiaInjuryLawyerBlogs.com 02/24/12

Sean Quinn is an experienced

trial lawyer specializing in personal injury & medical malpractice law.

Sheridan & Murray LLC

1600 Market Street, Suite 2500 Philadelphia, PA 19103 866-INJURIES
or

866-465-8743

www.SheridanAndMurray.com

personal injury law

Article written by: Sean Quinn Constitution when it fits their agenda. A true strict-constructionist and conservative should defend the right to a jury trial. After all, it is a constitutional right. Rick Santorum: The former Pennsylvania senator, and current Republican presidential candidate, has long been a vocal supporter and advocate of tort reform. As a senator, Santorum repeatedly supported limits on consumers rights to seek compensation in courts. He twice sponsored bills seeking to establish a $250,000 cap on damages for pain-and-suffering and non-economic damages in civil lawsuits, and recently reminded the Des Moines Register while campaigning in Iowa that I am a big tort-reform guy. Santorum does not, however, practice what he preaches. Point in case: Santorum supported a medical malpractice brought by his wife against a chiropractor in 1999 for allegedly herniating a disc in her back during a spinal adjustment. Although her medical bills only amounted to $18,800, his wife sought damages of $500,000 in the lawsuit twice the amount of the caps that Santorum so earnestly sought to impose on others. Santorum testified at trial that his wife should be compensated for her pain and suffering because she had to treat her back gingerly and could not accompany him on the campaign trail. The jury ultimately awarded her $350,000 for her damages. It was later reduced by the trial judge to $175,000. The civil justice was good enough for the Santorums, but not for you. Institute for Legal Reform: The ILR is an arm of the U.S. Chamber of Commerce whose sole mission is to restrict access the civil justice system for the benefit of the corporate interests it represents. This group puts profits over people and would like to close the courthouse doors to individuals harmed by the negligence of corporations. The ILR uses false and misleading propaganda to expose lawsuit abuse in an effort to trick consumers into believing tort reform is necessary. The irony, however, is that the multinational corporations serving on the board of this group regularly use the legal system to advance their own agendas. The corporate lawsuit abuses of ILR members are detailed in the American Association for Justices report, Do As I Say, Not As I Sue (http://www.justice.org/cps/rde/xbcr/justice/Do_As_I_Say_Not_As_I_Sue_2011.pdf). Another
Originally published on: www.PhiladelphiaInjuryLawyerBlogs.com 02/24/12

Sean Quinn is an experienced

trial lawyer specializing in personal injury & medical malpractice law.

Sheridan & Murray LLC

1600 Market Street, Suite 2500 Philadelphia, PA 19103 866-INJURIES
or

866-465-8743

www.SheridanAndMurray.com

personal injury law

Article written by: Sean Quinn arm of the U.S. Chamber of Commerce, the National Chamber Litigation Center, is similarly one of the most aggressive litigators in Washington filing over 100 lawsuits a year. Chamber president, Tom Donohue has boasted that he loves litigation and that litigation is one of our most powerful tools. This list of hypocrites could go on for pages, but the point is: Dont be fooled these tort reformers. The American civil justice has worked for centuries and continues to work today. Dont allow corporate interests to take away YOUR rights in order to pad THEIR profits. You are accountable for your actions, and corporations must be held accountable for theirs.

Originally published on: www.PhiladelphiaInjuryLawyerBlogs.com 02/24/12

Sean Quinn is an experienced

trial lawyer specializing in personal injury & medical malpractice law.

Sheridan & Murray LLC

1600 Market Street, Suite 2500 Philadelphia, PA 19103 866-INJURIES
or

866-465-8743

www.SheridanAndMurray.com