It is becoming increasingly difficult to come by justice if you do not have the funds to pursue it.
It is also becoming hard to keep up with all the legislation moving through the House that pushes a corporate agenda.
HR 985, the 2017 Fairness in Class Action Litigation Act, puts obstacles in the way of victims who are looking for compensation from the pharmaceutical industry and other big corporations that cause injury to citizens.
The most disturbing part of the provision that each plaintiff in a class-action law suit must "affirmatively demonstrate" that they "suffered the same type and scope of injury as the named class representative." That means that all plaintiffs in a class-action law suit must have the EXACT same injury. This provision will prevent a lot of law suits against pharma from moving forward. People will be robbed of compensation unless they have the money and time to press forward with personal litigation. It also diminishes the chances for a settlement. For these large corporations it is a numbers game. When there are thousands who are a part of a class action lawsuit, the impact of that suit is greater where it matters when it comes to any "BIG" industry, (Big oil, big ag, big pharma...) in their bank accounts.
Injury caused by pharmaceuticals can vary, the body is complex and we do not all share the same symptoms or visible injury. The warning labels for fluoroquinolone antibiotics, including Cipro, Levauin and Avelox have been updated to include that permanent peripheral neuropathy is a potential effect. Peripheral neuropathy is a broad diagnosis with may different symptoms. It can be all or one of the following: debilitating pain, twitching muscles, numbness, reduced balance and coordination, and some experience autonomic nervous system dysfunction that causes loss of digestive mobility. It is not difficult to see the hurdles this presents.
If there is a class action law suit against a bank for overdraft fees. If one group is charged $5 and another $25, both unfairly, they two tiers of people would not be able to join in the same litigation.
HR 1215 is currently going through Congress. It is the "Protecting Access to Care Act of 2017." Don't let the name deceive you. HR 1215 limits the rights of people harmed by medical professionals. It makes it nearly impossible for those injured to pursue receiving damages by limiting certain damages to $250,000 and protects doctors from damages caused by prescribed dangerous drugs or faulty medical devices.
Through these "judicial reform" bills Congress is working with big corporations to hinder the ability of the people of the United States to receive the justice they deserve.
To see the details of the proposed bills, click the links below: