Wexler Public Health and Safety Bill Takes Step Forward in House

(Washington, DC)  Today, the House Judiciary Subcommittee on Commercial and Administration Law held a hearing on the Sunshine in Litigation Act, legislation introduced Congressman Robert Wexler (D-FL). Wexler’s bill is a direct response to dozens of cases in which threats to public health from defective toys, automobile parts, pharmaceuticals, and other products were concealed during court settlements and subsequently resulted in additional deaths, injuries, and illnesses. During the hearing, Subcommittee Chairwoman Sanchez agreed that court secrecy orders may be hiding critical information from the public.

“Too often, American consumers are left in the dark about a defective toy that has resulted in the injury of a child, or an automobile part that has led to deadly car accidents,” Congressman Wexler said. “Our justice system should facilitate, not deny, the access of the American people to health and safety information about the products they buy.  The Sunshine in Litigation Act has the potential to save lives by limiting the ability of manufacturers of defective products to conceal information from the American people. I am pleased that H.R. 5884 took this important step forward today; and I am hopeful that after August recess, the Judiciary Committee will take up this legislation and expeditiously pass it so that Florida’s excellent consumer protection laws are brought to federal courts.”

The Sunshine in Litigation Act prohibits courts from withholding health and safety information about defective products from American consumers.  In cases involving defective products, it is common practice for manufacturers to offer injured victims enticing monetary settlements to prevent cases from going to trial or information related to the cases from reaching the public eye.  In the interest of quickly resolving cases, judges often approve these settlements and the protective orders that lock up case details, despite the fact they contain potentially life-saving information. The Sunshine in Litigation Act would end this practice by enhancing judicial discretion and requiring judges to evaluate whether or not these cases contain vital public health information prior to approving secrecy agreements.

There are numerous cases that illustrate the need to end court-secrecy in defective product disputes. In 1997, the Van Etten family accepted a settlement from Ford Firestone Tires after a defective tire caused a car accident and resulted in the death of their son.  Firestone did not recall the 6.5 million defective tires until 2001, after at least 271 fatalities occurred and many other disputes with victims were settled behind closed doors. In 2006, Mattel’s defective piece in a Polly Pocket toy led a 7 year old boy to undergo serious surgery after suffering a bowel obstruction.  Mattel did not recall the toys for over a year and a half, after an additional boy was killed and dozens others injured. 

The legislation, introduced by Congressmen Wexler and Nadler (D-NY), serves as the House version of a bill introduced by Senator Herb Kohl (D-WI) and cosponsored by Senator Patrick Leahy (D-VT) and Senator Lindsey Graham (R-SC).  The Senate Judiciary Committee approved the bill on March 8, 2008.

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