Because the Republican party has demonized fringe and minority elements of our society to form some sort of white bread centrist coalition, abusive tort reform serves them as an effective wedge issue that with a little lipstick has some resonance. Everyone has heard stories about frivolous lawsuits. Some, like the lady burned by McDonalds' coffee in California are so legendary that the truths of the ruling are never acknowledged.
Now, as much needed medical reform is proposed, Republican wind bags like Rush Limbaugh have weighed in with all the insight of Dilbert's pointy head boss. According to Rush, "...do you know what you could do to drop health care costs dramatically? Tort reform." At least in his very studied, learned opinion.
They're called junk lawsuits and Republicans continuously rail against them as if the true waste in health insurance could be pared by constraining the justice system, not controlling insurance companies.
Let's be clear up front. No one has shown medical tort reform savings of even 1%...at least no one not associated with the Republican party or a right wing think tank (an oxymoron).
According to the Republicans, when people are the victim of an injustice by an American company or medical institution, their right to sue and collect damages amounts to "junk lawsuits" that are simply raising the cost of everything for everybody.
And if courtroom and settlement costs are excessive, it's kind of sad that the solution is to ban legal proceedings, not to concentrate on safer products that actually work the way they are supposed to or restructuring a medical buddy-system that allows incompetent practitioners and less than best practices.
But one man's junk is another man's treasure.
Apparently, junk lawsuits should be the exclusive legal remedy for the rich and empowered.
Do you remember a buffoon named Robert Bork, once nominated for a seat on the Supreme Court and now a reliable fool for Fox? Back in 2006 Bork tripped on his way to the dais before giving a speech at the Yale Club. He ascended the dais and gave his speech, but in retrospect decided his agony was worth $1,000,000 so he sued the Yale Club. And he still blathers regularly for those enamored of Fox' old white men protective ideals.
And (disgraced) former House Majority Leader Tom Delay (R- Texas) sued for $5.1 million when a part in a trolley his father had built from scratch malfunctioned sending the elder DeLay to the hospital where he eventually died.
Former Senator Rick Santorum's (R- Pennsylvania) wife sued her chiropractor for $500,000 for aggravated back pain.
And the loudest but most vacuous proponent fighting "junk lawsuits" is Rush Limbaugh who filed a lawsuit against the state of Florida claiming his right to medical privacy was breached when he was arrested for drug abuse.
Apparently if you're some blue collar shmoe whose child was injured by an unsafe toy or whose wife's routine surgery went very badly you should have constraints on your ability to sue.
But if you're a hypocritical Republican big-wig go ahead and take your best shot.
One man's junk is another man's treasure.
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