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American Association for Justice Consumer News for Families The week of Monday, September 08, 2008

Seniors Move Closer to Being Protected From One-Sided Mandatory Arbitration in Long-Term Care

Seniors and their families who have been harmed by mandatory arbitration in nursing home contracts overcame another hurdle in the fight to seek justice from negligent nursing home corporations as the House Judiciary Committee set to pass the Fairness in Nursing Home Arbitration Act (H.R. 6126) this week.

This bill would stop nursing home corporations from burying mandatory arbitration clauses in the stack of papers that patients must sign in order to be admitted into a nursing home. When families face the tragic neglect of a loved one due to negligent care, these clauses force families into a private system of justice in which the “judge” is picked by the corporation and families are left without any appeal.

Mandatory arbitration in nursing home contracts has a real life impact on American families every day. Wisconsin resident David Kurth witnessed the one-sided system of mandatory arbitration first hand when a nursing home corporation refused to be held accountable for the neglect of his father, William Kurth. David’s father suffered bedsores so severe they lead to his eventual death. The nurse treating David’s father was found guilty of criminal negligence. Even though the nursing home admitted responsibility to the Kurth family, they continue to hide behind a mandatory arbitration agreement.

“Our members speak for families who have been harmed by mandatory arbitration enforced by the very people that they trusted to protect the health and safety of their loved ones,” said American Association for Justice President Les Weisbrod. “We want to ensure that that no other family has to suffer the compounded injustice suffered by the Kurth family and many others.”

“Mandatory arbitration agreements in nursing home contracts place families in an unfair system where corporations pick the players, make all the rules and leave families without any appeal. Most importantly, it allows nursing home corporations to sweep their unlawful and negligent behavior under a rug and out of the public eye.”

Medical Device Patients Would Be Protected Under New Safety Legislation

Bill Aims to Hold Corporations Accountable for Unsafe Devices

Bridget Robb, who received 31 unnecessary shocks to her heart by a defective Medtronic defibrillator, would have access to justice under legislation introduced in the U.S. Senate today.

Under the recent U.S. Supreme Court ruling, Riegel v. Medtronic, patients injured by any of 316 medical devices find it harder to file lawsuits that would bring safety problems to the attention of the public. The Medical Device and Safety Act, introduced by Senator Edward M. Kennedy (D-MA), would ensure that irresponsible medical device manufacturers do not have complete immunity from lawsuits.

“Right now we have a dangerous system of careless corporations, complete immunity and consumers going unprotected,” said American Association for Justice President Les Weisbrod. “This bill would fix the current system by revoking the ‘get out of jail free’ card that medical device manufacturers were wrongly awarded.”

The House of Representatives introduced a similar bill in June that would also fix the U.S. Supreme Court’s decision in Reigel v. Medtronic.

Past AAJ Consumer News For Families Articles

Monday, September 01, 2008
Consumers Guaranteed Right To Hold Corporations Accountable for Hazardous Products
Corporations Are Hiding Secrets That Could Kill You

Monday, June 02, 2008
Arbitration Fairness Act Protects Americans
Lawsuits challenge new health insurer tactics to deny claims and benefits

Tuesday, May 27, 2008
VA Rule is A Victory for Veterans Rights; Removes Barriers to Legal Representation
Some therapist-patient communications not privileged, court says

Monday, May 12, 2008
Manhattan Institute’s Latest Industry-Funded Research: “Laughable”
Federal 'sunshine' bill would bring secret court documents to light

Monday, May 05, 2008
Congressional Legislation Targets Foreign Producers Who Skirt U.S. Law
Lawsuit seeks to save car title database—and protect car buyers

Monday, April 28, 2008
AAJ: U.S. Chamber’s Phony “Rankings” Serve Extreme Corporate Agenda
Predatory-lending litigation looms

Monday, April 21, 2008
AAJ Demands FDA Protect Patients Instead Of Industry Marketers
Insurers Continue To Overcharge, Underpay Policyholders, Study Finds

Monday, April 14, 2008
AAJ: FDA Warning to Glaxo Highlights Dangers of Preemption
Wachovia sued for its role in telemarketing fraud

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