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On Heparin: A Few, Kind Words For Plaintiffs’ Lawyers
Townhall.com ^ | May 1, 2008 | Hugh Hewitt

Posted on 05/01/2008 4:12:06 AM PDT by Kaslin

When I began covering the heparin story in February, I was astonished at how little attention it was receiving in the MSM. Perhaps because my father had used heparin for many years before he died (long before the heparin poisoning occurred), or perhaps because I have some very close, very successful friends in the plaintiffs’ bar and we regularly debate mass tort actions and their impact on the economy, I was fascinated by the story. As the number of deaths rocketed up to 81, and the long-term health effects on those who did not die but were sickened by the adulterated batches of the drug began to be debated, my curiosity increased. I am now hoping that the victims find the best plaintiffs’ lawyers in America because we need those litigators not just to get compensation for the families, but to force reform on China.

There are many ridiculous costs associated with abusive litigation, many companies injured and even destroyed by greedy plaintiffs’ lawyers. We need tort reform as urgently today as we ever have, especially if we expect doctors and other professionals to continue to deliver urgently needed services, and American business to continue to innovate and create jobs and wealth..

But plaintiffs’ lawyers do sometimes bring urgently needed justice to victims of real torts. My friend, now a retired plaintiffs’ lawyer, Joseph Timothy Cook, for years put his skills as a former Navy fighter pilot at work getting compensation for the victims of airline and helicopter crashes. He is a passionate and proud defender of his calling and the skills of his colleagues, and when he and members of the defense bar –I have far more friends from the top ranks of America’s defense bar than from among its plaintiffs’ lawyers numbers—get to debating over our system of tort law, the sparks fly.

From watching those arguments over the years, I have come to appreciate the relentlessness of the best of the plaintiffs’ bar. It can take years to bring a case to a successful conclusion, especially when a foreign company is involved and especially when that foreign company is protected by a foreign government. When the foreign government is itself the defendant, well, the trail is long and hard. Cook was one of the lawyers on the KAL 007 case, and it took decades of effort to get compensation for the victims of the Soviet shoot-down.

The best of the plaintiffs’ bar spend long stretches in hotel rooms outside of the country, threading very small needles and tracking down very reluctant witnesses. They usually absorb all of the costs, and the best of them, like Cook, care passionately about their clients.

The heparin contamination case is the tip of an iceberg we have glimpsed before in the pet food and defective toy cases. But this time scores of people are dead and whose knows how many more sickened and possibly injured for life.

Those people are owed damages and the costs of their care. We are all owed major changes in the way China does business. We need Chinese manufacturing to change dramatically.

The lawyers who represent these victims will be the agents of that change if they can find, secure and collect judgments from the Chinese businesses involved in the scandal.

If Chinese business owners see a huge cost associated with lousy quality control and abysmal inspection regimes, they will change their ways. If they pay no price, they will make no changes.

Lawsuits against Baxter and the other U.S. or European companies involved in this scandal will bring about some changes simply because they and their counterparts cannot afford to pay the costs they will certainly be paying as a consequence of Chinese indifference to safety issues.

But that which gets rewarded gets repeated. Chinese businesses made money off of the defective heparin. If they keep that money or those contracts, there will be little incentive for fundamental reforms to occur. If they are shielded from the consequences of their incompetence or worse yet, their wilfull indifference to the harm they did, they will not change. In fact, they will continue to look for ways to lower the costs of production even if that risks the health of the consumer.

So here’s a few kind words for a few great plaintiffs’ lawyers: Good luck and Godspeed in your efforts to get justice for the heparin victims and their families. Brush up on your Chinese and don’t let up until the PRC is a partner with the FDA, not a stonewalling, responsibility shifting protector of Chinese profiteers.


TOPICS: Culture/Society; Editorial
KEYWORDS:

1 posted on 05/01/2008 4:12:06 AM PDT by Kaslin
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To: Kaslin
I could spend hours detailing China "Quality" issues. A few important things to know is that to them, 81 deaths may be within the tolerable range. And the idea of consistent, continual quality is alien.

When a US firm goes to China seeking a costs savings manufacturer for a product the US group may come in contact with a manufacturer that has the base concepts to manufacture the product but not the detailed knowledge to produce to our standards What is acceptable for little plastics bottles that hold bubbles for use after a wedding (you know the ones) is not acceptable for blood draw tubes.

The US firm may be shown workers -one shift by the way -in the Chinese plant wearing class 1000 cleanroom garb but pay no attention to the huge garage like door at the other end that is opened to the outside.

2 posted on 05/01/2008 4:34:59 AM PDT by NativeSon (off the Rez without a pass...)
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To: NativeSon

bttt


3 posted on 05/01/2008 4:41:47 AM PDT by Guenevere (If you do not stand firm in your faith, you will not stand at all.)
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To: Kaslin

This all sounds fine. Yes, praise the lawyers!

I will be real surprised if the chicoms give a sh!t.


4 posted on 05/01/2008 4:44:34 AM PDT by 43north (I hope we are around long enough to become a layer in the rocks of the future.)
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To: 43north
I will be real surprised if the chicoms give a sh!t.

They don't care, they will say enough and do just enough to make you go away and keep on buying.

5 posted on 05/01/2008 4:55:25 AM PDT by NativeSon (off the Rez without a pass...)
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To: NativeSon
Your post makes excellent sense. I had 3 surgical procedures that entailed the use of heparin. This was 2 years ago, and I am grateful that the timing was fortuitous in regards to the contamination.I was completely dependent on the hospital's judgment and supply of anticoagulants. The cost cutting imperatives of US pharmaceuticals will have to be balanced by legislation, it seems. As much as I hate to say it, this is one of those cases where government intervention seems warranted. The market mechanism has cost lives.
6 posted on 05/01/2008 4:55:52 AM PDT by zeller the zealot (Are Republicans the Party of Life, or is that too risky?)
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To: NativeSon
The US firm may be shown workers -one shift by the way -in the Chinese plant wearing class 1000 cleanroom garb but pay no attention to the huge garage like door at the other end that is opened to the outside.

In other words the disposable paper or Tyvek cleanroom clothes, hairnets, etc. are just props.

Can we finally get to believe they are not friends of ours? They sell us poison, they hack our Military, research, and infrastucture, and their grad students are spies.

Do we need their stuff that badly that we pay for the rope to hang ourselves?

7 posted on 05/01/2008 5:02:32 AM PDT by Gorzaloon
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To: Kaslin
Image hosted by Photobucket.com China Industries International

Made in CHINA!!!

their new corporate logo...

8 posted on 05/01/2008 5:34:59 AM PDT by Chode (American Hedonist ©®)
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To: Kaslin

The amazing hypocrisy of the drug companies is here shown. THEY are allowed to source their drugs from the cheapest places in the world. WE are denied the ability to import our prescription drugs.


9 posted on 05/01/2008 5:53:38 AM PDT by ikka
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To: zeller the zealot
As much as I hate to say it, this is one of those cases where government intervention seems warranted. The market mechanism has cost lives.

You don't have to feel bad about having the gug'mint on this. they are supposed to be in on this - the FDA. CFR Title 21 GMP's.

There are rules when you use/manufacture/import/decant/repackage/test API's (Active Pharmaceutical Ingredients).

The importer of record should have tested this material to spec. ( USP monograph).

The problem is that there are a huge number of hands that the material passes through before use. By the time it( China origin API) gets to the domestic manufacturer, it looks (on paper at least) that it came from a friendly, US FDA inspected, cGMP Compliant, ISO blessed, neighborhood Pharma that has been in the US for 100 years.

so it must be ok...

"Rules of Origin" play a big role in this deception. If you use trade rules, eventhough a raw chemical/API comes from China, if you import it into the US, and add a lot of value (Net Cost calc in NAFTA) or the product shifts a schedule B number in the Chapter or sub chapter level,due to intended use or processing, the product now "originates" the US according to NAFTA and other trade rules.

10 posted on 05/01/2008 6:00:57 AM PDT by NativeSon (off the Rez without a pass...)
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To: milford421; PGalt

Ping.


11 posted on 05/01/2008 11:13:17 AM PDT by nw_arizona_granny ( http://www.freerepublic.com/focus/chat/1990507/posts?page=451 SURVIVAL, RECIPES, GARDENS, & INFO)
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To: nw_arizona_granny

Thanks for the ping, granny.


12 posted on 05/01/2008 5:21:58 PM PDT by PGalt
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