Despite evidence that complications during labor and delivery are not responsible for the large majority of cases of cerebral palsy, lawyers find such litigation lucrative and obstetricians find their insurance premiums overwhelming.
In 1985 a $5.1 million award was won against Ortho Pharmaceutical Corporation on the strength of a single study that tentatively sug- gested, not proved, spermacides might have something to do with birth defects. Not long after the verdict the authors of the study discredited their own study saying it should never have been published since the reservations and qualifications written into published papers are routinely ignored.
Clinical ecologists believe trace chemicals in the environment cause all kinds of maladies. In Sedalia, Missouri in 1985 two clinical ecologists claimed to discover "pervasive abnormalities" in the immune systems of every resident tested, and convinced a jury that Alcolac, a manufacturer of soap and cosmetics, was responsible. The jury awarded $6.2 million in compensatory damages and another $43 million to punish Alcolac. Tests relied on by the ecologists were developed by Schossman's research team at Harvard and Schossman discredited their use of his material.
The most we can realistically expect in the way of malpractice reform is greater use of out-of-court dispute resolution, some limits on attorney fees and extended, rather than lump sum payments of jury awards. The students in their essays, considered the proliferation of lawsuits to be such a major cause of our social problems that they contributed enough material to focus an entire book on the subject. For information beyond what is given here, please refer to the Harry Singer Foundation book: Responsibility: Who Has It And Who Doesn't And What That Means To The Nation. Unfortunately, the effects of excessive tort awards are far reaching:Whooping cough was responsible for 7,500 deaths in 1934 and the vaccine, licensed in 1949 was a blessing to the world. In 1981 a British study suggested its use might account for brain damage for every 310,000 immunizations. That was all American lawyers needed to hear to launch an avalanche of cases blaming the vaccine for epilepsy and any disease they could possibly relate to the brain. The litigation threat literally eliminated one major supplier of the vaccine. More exhaustive studies showed no evidence of serious neurological complications or deaths from the vaccine.The following incident illustrates just how far the "fear of being sued" has gone. Someone called a Ford dealership and asked how many quarts of oil a 1989 Lincoln held. He was told, "We can't tell you because of liability." The only way he could get the information was to say he was going to bring the car in for service. Many people claim lying is merely a survival technique in our modern world. Officials specifically charged with upholding the law and dispensing justice, are, and should be, held in esteem by the public. When they are shown to have feet of clay there are unfortunate consequences, as the following excerpts explain:"This is carelessness on his [county sheriff] part and being an officer of the law and drinking and driving tells a very impressionable teenage society that sometimes it's all right." Darrick Brown, Deer River High School, Deer River, Minnesota "A Harris County [Texas] probate judge just received a sentence of one year in federal prison for filing a false income tax return in an attempt to hide the personal use of campaign funds. If high ranking officials cannot be honest and just, if they are not willing to be responsible for their actions, why should anybody else [be responsible]?" Jill Walser, Hereford High School, Hereford, Texas"A suit was filed in Charleston, West Virginia by a State Supreme Court Justice, named Richard Neely. Mr. Neely stated he suffered severe emotional distress because his car had [received] $1,200 worth of damages. He is now seeking $43,000 in return for his emotional distress. If people in high ranking positions set this kind of example, then how are we going to improve America's irresponsibility?" Jason Cade, Rock Hill Senior High School, Ironton, Ohio"What about police officers, lawyers, judges, and politicians that get convicted of crimes? They are supposed to be the people who protect us and make the world a safer place. Ð They are sending a signal to young people that it is acceptable to commit a crime." Zachary T. King, Danville High School, Danville, Kentucky"Perhaps one of the most disturbing cases of government irresponsibility is that of now-former FBI director, William Sessions. Sessions was accused of spending government money for such things as using an FBI plane to fly to California to visit his daughter, getting reimbursed for a private trip into the French countryside, and even having his bodyguards fly a load of firewood from new York to Washington."Mara Bergeron, Deer River High School, Deer River, Minnesota"A judge in a small town received so many drunk driving tickets that he had to sell his car and buy an adult tricycle to ride home from the bar. "Angela Nicholson, DeForest High School, DeForest, Wisconsin"Alcee Hastings, a federal judge, was charged but never indicted on bribery charges and later impeached by Congress. Hastings is now a U.S. Representative, and on the public payroll is his friend and former lawyer, Patricia Williams. She represented Hastings during his bribery trial and impeachment proceedings which means he owes her more than $500,000. Although Williams was disbarred in June of 1992 for mishandling client funds and other improper behavior, she makes $43,000 a year as office liaison and staff assistant in Hastings' district office. As a judge, Hastings was responsible for upholding the law, which he broke. As a State Representative, he is responsible for making laws, which he seems to find his way around. As a lawyer, Patricia Williams was responsible for upholding the ethical codes of lawyers, but she didn't, and now she makes $43,000 a year." Michael Gammon, Eureka High School, Eureka, IllinoisWe should all be disturbed when killers become role models:"What about [the] McDonald's Massacre? Ð He [the killer] said when he was in psychiatric care that his idols were Jeffrey Dahmer and Ted Bundy." Gary Reigel, Deer River High School, Deer River, Minnesota"It used to be that the only kind of trading card you could find would have a sports hero on it. No one ever thought that Horror Cards would invade on sports heroes. These cards have pictures of a criminal and his childhood background including descriptions of his crimes. One such card features Edmund Emil Kemper. It talks of such gruesome things as when, at age thirteen, he cut the family cat into pieces. [The card] goes on to describe his human victims and their [manner] of death. [There are] even star [celebrity] cards [featuring] people like Charles Manson and Jeffrey Dahmer." Neal Bobzin, Centerville High School, Centerville, South DakotaTeachers, however, are natural role models. But should they emphasize character in the classroom and influence values? You will read elsewhere that teachers who in the fall of 1993 were asked a similar question by the Harry Singer Foundation, claimed that they influence students whether they wish to or notÒby example. Angie (below) sees a practical way that teachers can intentionally influence their students. It is a kind of 'tough-love' in the schools:"Our teachers teach us how to be responsible by assigning work to be finished by a certain day and if it is not completed then we know that we will have to face the consequences."Angie Gillispie, Rock Hill Senior High School, Ironton, Ohio We read a variety of opinions on this subject and think the excerpts of Sara, Mandy and Jessica are representative: "There are many different sets of values and beliefs. ÐUnfortunately, in the past few decades, there has been a decline of [all] beliefs. American society has cultivated a feeling of apathy towards values. 'Who cares if it's right or wrong? I have the freedom to do it.' has been the attitude of many. American children are growing up in an education system where teachers are [afraid] to reflect their values in the classroom. There are parents claiming they don't want their kids taught someone else's morals. What about the values that America was founded upon? How can it be wrong to teach students values such as tolerance, service, discipline, gratitude, loyalty, honesty and respect?" Sara Peterson, Deer River High School, Deer River, Minnesota"In schools our teachers are so afraid of being accused of abusing students that they only teach the facts and they forget to teach morals and values." Mandy Evans, Kremlin-Hillsdale High School, Kremlin, Oklahoma "Some teachers have their own values all screwed up and try to impose them on their students. If a student has grown up in a family that really didn't have a solid set of family values, he or she could grab on to the teacher's values and become someone that his or her own family does not agree with." Jessica Hines, Deer River High School, Deer River, MinnesotaWhen a teacher lets students down it can be devastating:"A teacher in our local middle schoolÐwhile educating people about the disease, told his students that AIDS had been spread to humans by monkeys! This claim has been proven by experts throughout the world to be totally inaccurate. If our teachers, those charged with the future of our young people, do not have the responsibility to learn about this disease, how can we expect our young people to show the responsibility to educate themselves?" Jonathan W. Sweet, DeForest High, DeForest, Wisconsin"A local high school teacher is constantly trying to win the approval of his students. He feels that in order to be accepted, he must act like them and be their best friend; consequently condoning their drug abuse. I've heard him laugh when someone talks of 'getting high' but not once have I heard him say that drugs are unhealthy, stupid, or illegal. Excuse me, but shouldn't teachers be setting good examples instead of worrying about students' opinions of them? He can be 'cool' when talking to the students without promoting their drug habits." Jaimee Ellerman, Big Spring High School, Newville, PennsylvaniaJaimee Ellerman, Big Sp