Skeletons in the Courthouse:: Hazards to the Public Remain Secret

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______________________________

Skeletons in the Courthouse:
Hazards to the Public Remain Secret
April 2002
Coalition for Consumer Rights
407 South Dearborn, Suite 1345
Chicago, Illinois 60605
312/939-4566
312/939-4849 (fax)
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www.CoalitionForConsumerRights.org
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Skeletons in the Courthouse: Hazards to the Public Remain Secret

Table of Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
A History of Secret Settlements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
Car Seats . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
Zomax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
Water Slides . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
GM Fuel Tanks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
Bjork-Shiley Heart Valves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
BIC Lighters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
Chrysler Fuel Tanks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
Asbestos . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
Corvair . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
Dalkon Shield . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
School Lunch Tables . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
Table 1. The Legacy of Secret Settlements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
Current Tragedies Highlight Need for Court Secrecy Reform . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Ford/Firestone Tire Tread Separation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Collapsing Cribs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Workplace Hazards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Lead . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Unknown Toxins . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Recommendation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Sunshine in Litigation: Let the People Know . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
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Introduction
In 2001, millions of Americans driving Ford Explorers equipped with Firestone tires learned that they
had entrusted their safety on the road to a potential death trap. Even worse, they discovered that
numerous lawsuits had already uncovered the trouble with Firestone tires but the information had
remained hidden due to court-approved secrecy agreements. All too often, lawsuits related to products
that endanger the health and safety of the public remain secret, despite the future harm they may cause
to unsuspecting consumers.
The secrecy which surrounded the Ford/Firestone defective tire settlements is a glaring example. Over
eight years, these companies settled dozens of cases and then forced the victims to stay silent about the
damage they suffered and the dangers posed by Ford trucks and Firestone tires.1
Secrecy agreements often prevent victims or attorneys from sharing any documents obtained in the
course of a lawsuit, disclosing the size of damage awards, alerting governmental agencies, or speaking
to the press. These limitations effectively force every plaintiff to start litigation from scratch.
To prevent future debacles like the Ford/Firestone litigation, Illinois must enact a Sunshine in Litigation
law to prevent court concealment of public hazards. At present, sixteen states have enacted some
form of Sunshine in Litigation laws or judicial rules. Such laws respect valid privacy concerns and still
protect trade secrets, benign sensitive personal information, and juvenile justice matters. But, when
defective products injure or kill a consumer, Sunshine in Litigation ensures that future users of the
product will not be kept in the dark.
It is unfortunate that the Illinois General Assembly cannot pass any sort of anti-secrecy legislation,
despite the fact that this state’s citizens overwhelmingly support Sunshine in Litigation. The Coalition for
Consumer Rights’ 2001 Annual Survey of Illinois Voters found that 90.8% of the state’s registered
voters felt that nobody should be allowed to conceal information about dangerous products that is
uncovered in a lawsuit.
This report details court secrecy’s legacy of unnecessary suffering and death, one that has involved
products ranging from auto parts, child safety products, and medical devices to cigarette lighters and
children’s toys. It illustrates why Sunshine in Litigation is long overdue in Illinois.
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A History of Secret Settlements
Secrecy in the courts has a long and painful history. In product liability cases, corporations often
demand that information turned over to injured consumers and their lawyers be kept absolutely secret,
even when the product is defectively designed or otherwise hazardous and remains for sale to the
public. From mislabeled car seats to deadly arthritis medications, corporations force confidentiality
agreements on consumers as a precondition to settling a case. As a result, regulatory agencies, the
media, and the public are kept in the dark about dangerous products. Not only must every consumer
injured by the same product must build his or her legal case from scratch, but other consumers who
own and use that product have no way of protecting themselves from injury. By leaving everyone in the
dark, court secrecy allows corporations to continue to profit at the expense of their customers’ life and
limb.
The Mechanisms of Court Secrecy
At various points during a lawsuit, a corporation can insulate its wrongdoing from public scrutiny. These
methods of concealment include the following:
•
Before trial: Injury victims have a right to discover evidence that may be in the defendants’
possession prior to trial. Often, defendants refuse to honor victims’ rights to obtain this
evidence unless they agree not to divulge the evidence to others, including governmental
watchdog agencies. In these circumstances, defendants will ask the judge to issue protective
orders to regulate the use of evidence they provide to victims.
At the conclusion of the trial: Even after defendants have been found liable by a civil jury, they
•
can and often do request that the case records be sealed. If the judge issues sealing orders,
usually because defendants plan to appeal, the records are closed off from public review.
After trial: If defendants agree to settle a claim before a verdict is rendered or even after a
•
verdict, even though they plan no further appeals and were found liable, they can still demand
that victims maintain silence about the dispute. These confidential settlements can be written
to prevent victims from cooperating with federal regulatory authorities, speaking to the media
about the nature of their injuries, or even admitting that there was ever a dispute at all.
In all of these ways, the public is denied an opportunity to critically evaluate the risk of highly dangerous
products. Federal oversight agencies such as the Consumer Product Safety Commission, the National
Highway Traffic Safety Administration, and the Food and Drug Administration are unable to protect the
public. Other manufacturers are denied the knowledge that a practice they might engage in may be
harmful. Years may pass before widespread problems come to light.
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The following are examples of corporations’ insistence on secrecy agreements and the
consequent danger to the public. They clearly illustrate court secrecy’s human costs in terms of time
lost, death, and injury.
Car Seats
On March 12, 1989, Michael Wright suffered a broken neck in a car accident, paralyzing him from the
waist down. Sixteen-month-old Michael, at 22 pounds, was the appropriate weight for the car seat as
indicated by the manufacturer, Kolcraft Enterprises. However, other car seat manufacturers and the
National Highway Transportation Safety Administration recommended that children under 30 pounds
not use that style of car seat. Three months after Michael’s accident, Kolcraft raised the advertised
recommended minimum weight for its booster car seats to 30 pounds.
Kolcraft agreed to a settlement that reportedly could reach eight figures, but only under terms of a
confidentiality agreement requiring, among other things, that Kolcraft not be named, and that any media
contact be promptly reported to its lawyers. The family’s attorney, an outspoken critic of companies’
insistence on confidentiality agreements, said, “in the end, I agreed, because my job is to secure proper
care for my client. And I deemed it inappropriate for the confidentiality agreement to stand between
my client and the settlement.”2
Zomax
McNeil Laboratories manufactured an arthritis pain reliever called Zomax that caused severe and
sometimes fatal allergic reactions in many consumers in the early 1980's. Court secrecy kept this
dangerous drug under wraps for five years. McNeil knew the drug was in wide distribution and
potentially dangerous. Yet, in repeated lawsuits filed in 43 states, McNeil insisted on protective orders
and confidential settlements, keeping information secret that could have sounded the alarm to potential
Zomax users. By the time the FDA recalled the drug in 1985, the agency believed that Zomax was
probably a factor in 14 deaths and 403 life-threatening allergic reactions.
One lawyer, representing several clients who settled confidentially, stated “what they are trying to do is
not be accountable to the vast majority of the public for what they’ve done.... They paid my clients a
ton of money for me to shut up.” Another attorney said, “the problem is that they have a gun to our
head. The client is concerned with being compensated in full. The lawyer must abide by the concerns
and wishes of his client...not the fact that [information will remain secret or] other victims may be
injured.” Devra Davis, a toxicologist who nearly died from using Zomax, said court secrecy hampers
“free scientific inquiry and the right of the public to know specific information about drugs it
consumes.”3
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Water Slides
In 1991, while sliding on a yard toy called the Slip ‘N Slide, Bill Evans broke his neck. He is paralyzed
from the neck down, wheelchair bound, and requires 24-hour-a-day care. Believing something was
defective about this product, Evans sued the manufacturer, Kransco. Evans’ lawyer discovered that
there had been at least seven other broken necks involving the Slip ‘N Slide and found a videotape that
was sealed as part of a confidential settlement in an earlier case. The video showed that Kransco knew
exactly how adults might be severely injured using the Slip ‘N Slide.
Evans reached a confidential settlement with the manufacturer, but he wanted to alert other consumers
by issuing a press release about the dangers of the Slip ‘N Slide. Evans was told that if he did this, the
deal would be off and he would have to return the settlement money. Evans sued for the right to speak
out, and Kransco capitulated.4
GM Fuel Tanks
Between 1973 and 1987, General Motors manufactured approximately 9.6 million pickup trucks
equipped with unsafe fuel tanks that resulted in at least 750 fire-related deaths. The company knew
very well it was dangerous to use this fuel tank design. In fact, a 1973 document, authored by GM
engineer Edward Ivey, evaluated the cost to GM of these expected “burned deaths.”
When victims of these fiery crashes first sued, GM disclosed documents and settled cases only on the
condition that plaintiffs and their lawyers would agree to complete secrecy.5 Due to such agreements,
the risks of driving these trucks were not made public until nearly 15 years after the design was first
introduced.
Bjork-Shiley Heart Valves
The Bjork-Shiley heart valve, first put on the market in 1980, contained severe defects. In many cases
the heart valve would suffer fractures, causing fatal injuries about two-thirds of the time, while many
other instances led to serious injury. The FDA finally removed the valves from the market in 1986. As
of January, 1990, the company had reported a total of 389 fractures and 248 deaths (numbers
generally agreed to be greatly understated due to the limited number of autopsies taken). Because of
the manufacturer’s insistence on confidential settlements and protective orders during early litigation, the
valve’s defects remained undercover and more heart patients received the valve.
The husband of one victim stated “I learned that many [victims’] families had filed lawsuits against [the
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manufacturer and its parent company]. I also learned that documents and information obtained in those
lawsuits were never made public because of agreements or court orders which kept the information
secret. I learned that Shiley had settled every fracture case out of court and in each settlement required
that the victims keep the settlements confidential.”6 Because of these confidential settlements, six years
passed before the public was notified of the danger and hundreds of heart valves were implanted into
unsuspecting victims.
Bic Lighters
In the 1980s, Bic Corporation quietly settled a number of lawsuits stemming from butane cigarette
lighters that would explode and either burn to death or severely wound users. Bic routinely demanded
that victims return all company documents provided during discovery in exchange for settling the case.
Not until 1987, after several years had passed and newspapers began reporting that 10 deaths had
been linked to these lighters, did Congress begin investigating. They found that Bic and other popular
brand lighters were so unsafe that they sometimes failed to meet the industry’s own voluntary safety
standards.7
Chrysler Fuel Tanks
After her husband burned to death when his 1971 Dodge Demon was hit and burst into flames, Shirley
LoPrest sued Chrysler. She alleged that, because of the car’s fuel tank design, there was a serious risk
that fire would enter the passenger compartment on impact. In 1987, responding to LoPrest’s
discovery requests, Chrysler obtained a protective order from the judge that limited access to the
company’s documents to only the parties and their attorneys, consultants, and expert witnesses.
Consequently, Chrysler’s crash test results and other company safety documents were kept secret.
The case settled confidentially and the Chrysler files are still secret nearly thirty years later.8
Asbestos
In 1933, the Johns-Manville Company settled with an attorney for 11 former Manville employees, all
asbestosis victims. The attorney received $30,000 for the victims, in exchange for a written promise
that he would not “directly or indirectly participate in the bringing of new actions against the
Corporation.” This fact did not come to light for more than 45 years. In the meantime, the company
avoided damage suits. Had the public known about this settlement, it is likely that the hazards of
asbestos would have come to light decades earlier.
As recently as October 17, 2000, a Louisiana jury returned a multimillion dollar verdict in favor of the
families of two men who started working at an Exxon refinery in the 1940's and later died from cancer
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caused by exposure to asbestos. “The jury was obviously shocked at what Exxon knew and when it
knew it,” according to attorneys for the plaintiffs. Exxon was apparently one of the first companies to
learn of the dangers of asbestos, but hid that knowledge while thousands of workers were fatally
exposed. Among the exhibits presented was a 1937 Exxon report stating that dust concentrations at
the refinery “are considered too high for working without adequate protection.”9
These asbestos cases also show that an employer’s insistence on secrecy can be costly. By concealing
known hazards, they often pay in the long run. For instance, after James Hutcheson worked as a
roofer for the Shell Wood River Refining Company, he developed cancer from exposure to asbestos.
The court issued a default judgment on issues of liability and damages against Shell Wood for failure to
turn over documents which indicated the company’s knowledge of the cancer hazard as early as 1945.
The jury ruled in favor of the the retired roofer, holding Shell Wood liable for millions of dollars in
damages.10
Corvair
In 1962, a man who drove his General Motors Corvair more than 100 miles each day for work
developed permanent brain damage. Unlike other cars, the Corvair used the same air that cooled the
engine to heat the passenger compartment, allowing the driver to breathe deadly carbon monoxide.
GM settled his claim, but demanded both that the settlement be kept secret and also that he amend his
original complaint to say that the car was defectively manufactured, not that it was defectively designed.
A design defect could trigger other individuals’ claims since it would apply to all Corvairs, while a
manufacturing defect would only apply to a single car. As a result, other Corvair drivers were not
warned about the risk of breathing engine-heated air.
Dalkon Shield
After eleven deaths and 209 spontaneous abortions, the FDA suspended use of the intrauterine birth
control device known as the Dalkon Shield. Attorneys for the product’s manufacturer, A.H. Robins,
reached numerous confidential settlements and even tried to extract promises from plaintiffs’ attorneys
to never take another Dalkon Shield case.11
A.H. Robbins knew that the device could cause Pelvic Inflammatory Disease but released it to the
public anyway. 3.6 million women worldwide have used the Dalkon Shield, approximately 2.2 million
of whom were American. In the first fifteen years of its use there were thousands of reports of injuries
but A.H. Robbins continued to market the Shield and forced consumers to stay silent through secret
settlements.
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School Lunch Tables
Certain lunch tables in use at schools in Illinois and other states have a tendency to collapse. Such
tables are believed responsible for six deaths and fourteen injuries. The mother of a Schaumburg boy
who was killed reluctantly agreed to a confidential settlement in an effort to put the tragedy behind her.
The lunch tables were not recalled and many remain in use at schools.
As the following summary (Table 1) indicates, court secrecy has taken an enormous toll on American
lives. The number of deaths and severe injuries that could have been prevented had the public known
about the dangers posed by these products is staggering.
Table 1. The Legacy of Secret Settlements
Product
Years kept secret
Death and injury toll
Zomax, McNeil Laboratories
5
14 deaths, 403 life
threatening allergic
reactions
General Motors Fuel Tanks
15
At least 750 deaths
Bjork-Shiley Heart Valves
6
At least 248 deaths
Bic Lighters
7
10 deaths, total burn
injuries unknown
Asbestos
40+
Total deaths and injuries
incalculable
Dalkon Shield, A.H. Robins
15
11 deaths, 209 septic
abortions, thousands of
reported injuries
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Recent Tragedies Highlight the Need for Sunshine in Litigation
Ford/Firestone Tire Tread Separation
After recalls of faulty tires from Saudi Arabia to Venezuela, Americans finally became aware of
the chronic tire tread separation problems present in certain lines of Firestone tires that were standard
equipment for Ford vehicles. For eight years, Ford and Firestone quietly and confidentially settled
lawsuits without admitting liability. Meanwhile, the death toll mounted.12 The Ford/Firestone debacle
has put a glaring spotlight on the atrocities committed by negligent corporations.
Many of the documents proving that Firestone had knowledge of tire tread separation are online at
http://com-notes.house.gov/tabs/index.html. One letter, dated February 14, 1999, underscores the
explicit way in which a Bridgestone official was notified of the problem. In the letter, the national
service director of a Saudi Arabian auto dealership writes a senior Bridgestone engineer regarding an
accident in which tire tread separation occurred over the complete circumference of a tire while the tire
remained inflated. The service director concluded that “the tread separation cannot have been caused
by being run flat or impact damage” and service records indicated appropriate prior maintenance.
Combined with earlier tire related accidents, the service director goes on to state “you have a very
serious problem on your hands” and the fact there had been no deaths or serious injuries to date “is
simply sheer luck.”
As we now know, Firestone took no concerted actions to look into the problem or check production
runs for defects. Instead, Firestone settled suits over accidents resulting in deaths and injuries and
chose to seal court documents instead of taking action to protect consumers and save lives.
Collapsing Cribs
In 1993, after three deaths, Kolcraft/Playskool Travel-Lite Portable cribs were finally recalled, yet
children are still at risk because of ineffective recall strategies. For example, between 1996 and 1998,
32 children per year died because of crib-related injuries.13 Due to the limited authority of the
Consumer Product Safety Commission (CPSC) to mount recalls, Kolcraft halfheartedly attempted to
alert the public to the dangers of Travel-Lite cribs, but thousands still remain unaccounted for, each one
a potential trap for a young child. While Travel-Lite cribs are designed to fold up at the midpoints of the
top rails to allow for storage, they also have a tendency to collapse unexpectedly, causing injury or
strangulation.
In 1998, five years after the recall, 16-month-old Danny Keysar died in a licensed, recently inspected
Chicago day care home when a Travel-Lite crib strangled him. While Danny’s parents first thought it
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was just a freak accident, they soon learned that four other children had died in similar accidents. After
a protracted lawsuit against Kolcraft, Danny’s parents finally settled the case for $3 million in
December, 2001. One of the largest settlements in a case involving a defective children’s product, the
case is notable because Danny’s parents chose to make the settlement and the record of the case
public. They resisted Kolcraft’s attorneys’ insistence on a confidential settlement agreement, and as a
result they are able to tell the story of Danny’s death to the world. Hopefully, this will result in more
concerted efforts to ensure that no more children die in Travel-Lite cribs.
While Kolcraft could have prevented Danny’s death by acting in good faith when faced with the CPSC
recall order, Danny’s parents have courageously resisted corporate pressure and have taken the lead in
promoting awareness of dangerous children’s products. As the co-founders of Kids in Danger, they
have worked tirelessly to save other families from similarly tragic circumstances, and have shown that
consumers do not have to cave in to corporate interests in order to obtain justice and redress for their
injuries.
Workplace Hazards
Lead
Often, workers will unwittingly take home toxins endangering spouses, children, and others with whom
they are in contact. For instance, when Antoinette Trotter noticed significant behavioral changes in
Shawn, her six-year-old son, she was dumbfounded over what could be wrong. After she took him to
the doctor, she was shocked to learn that his blood contained four times the level of lead acceptable for
children. She was even more stunned to learn that the boy was being poisoned by her husband’s job.
Shawn’s father came into contact with lead in his work repairing and rebuilding batteries. The family’s
lawsuit alleged that, upon returning home from work, lead on the father’s clothing and body would
create a toxic bath when Shawn would play with or hug his dad.
Shawn, now 13, suffers from permanent learning disabilities and other behavioral problems due to
exposure to lead on his father’s work clothes and on the furniture and rugs in his home.14 The family’s
lawsuit settled out of court for an undisclosed sum. The agreement requires that the family not disclose
the employer’s name. Since the settlement, the parents have struggled with their desire to make other
families aware of the danger. Antoinette Trotter says of the situation “employees, they don’t know the
danger. They don’t know they can bring this stuff home.”
Unknown Toxins
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Industries such as nuclear medicine, lead smelting, chemical manufacturing, farming, medical research,
and radiator repair present family members with possible exposure to mercury, radioactive material,
lead, asbestos, PCB’s, pesticides, and arsenic.15 Too often, workers are not aware of the hazards,
employers do not provide adequate safety measures, and when a court challenge is mounted, the
potential to increase awareness is often thwarted by forced secrecy agreements.
In Illinois, for example, the Amoco Research and Development facility in Naperville recently settled
cases related to brain tumors suffered by its employees. Although the amounts of the settlements were
released, there was no information as to the possible causes of the tumors. Other workers at this same
facility have developed tumors, but will not be able to review these court records to determine their
own health risk. This type of secrecy is a disservice to those working at similar facilities around the
world who might benefit from possible preventative measures.
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Recommendation
Sunshine in Litigation: Let the People Know
In the Coalition for Consumer Rights’ 2001 Annual Survey of Illinois Voters, 90.8% of those
interviewed opposed hiding information about dangerous products through the use of secret
settlements. A Sunshine in Litigation law can help end the history of suffering and death that such secret
agreements have produced in Illinois and the rest of the United States. Typical anti-secrecy measures
do not affect the confidentiality of criminal records, divorce or other family court matters. Trade
secrets, medical records and other proprietary information would not be opened to the public.
However, the public would be protected in instances where a product poses a safety hazard.
In the aftermath of the Ford/Firestone tragedies, Senator John McCain shepherded an auto safety bill
through Congress calling for criminal sanctions for defective goods. McCain’s bill included civil
penalties as well as criminal sanctions for failure to recall, and required manufacturers to provide
detailed records of problems related to defective parts, was passed out of committee. Unfortunately,
the bill ultimately passed by Congress did not have many of these provisions. A major weakness of the
final bill, as noted by Joan Claybrook, president of Public Citizen and former head of the NHTSA, is
that “it allows the Secretary of Transportation to keep safety information secret.”16 The bill called for
disclosure only after a case-by-case determination by the secretary that it is needed. Clearly, state anti-
secrecy legislation is needed to protect Illinois consumers and citizens across the country.
At the state level, anti-secrecy legislation has made little or no progress in the Illinois General Assembly.
Sixteen other states, however, have taken steps to ensure that public safety risks are not hidden from
public view. These states include:
Arkansas
Georgia
Michigan
Oregon
California
Idaho
New Jersey
Texas
Delaware
Indiana New York
Virginia
Florida
Louisiana
North Carolina Washington
While California has not adopted an official Sunshine in Litigation law, the state’s judiciary has insituted
rules that put the public’s right to know above a corporation’s drive to hide dangerous practices via
secrecy agreements. Rules adopted by the California Judicial Council prohibit the sealing of any
records filed in a court case merely upon agreements of the parties. Under the new rules, sealing of
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court-filed documents will be frowned upon unless there is an overriding interest that outweighs the
public’s right to access court records could documents be sealed. The public also has the right to
request that previously sealed records be opened. Bills have also been introduced in the California
legislature which would extend these right-to-know protections to information contained in settlement
agreements.
As of this year, Sunshine in Litigation bills are also being considered in Rhode Island and
Massachusetts.
With the public outrage over the Firestone scandal, the time is right to pass a life saving Sunshine in
Litigation Act in Illinois to allow regulatory agencies, retailers, and consumers to be warned of defective
goods. With such an act in place, Illinois citizens will have a greater chance to protect themselves and
their families from the dangerous products that all too frequently enter the marketplace undetected.
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Endnotes
1. Davan Maharaj, “Tire Recall Fuels Drive to Bar Secret Settlements,” Los Angeles Times,
September 10, 2000.
2. Dick Dahl, “Strictly Confidential,” Massachusetts Lawyers Weekly, January 11, 1993.
3. Eye to Eye with Connie Chung, CBS News, October 10, 1994; Benjamin Weiser & Elsa Walsh,
“Drug Firm’s Strategy: Avoid Trial, Ask Secrecy,” The Washington Post, October 25, 1988.
4. Eye to Eye with Connie Chung, CBS News, October 10, 1994.
5. Elsa Walsh & Benjamin Weiser, “Court Secrecy Masks Safety Issues,” The Washington Post,
October 23, 1988.
6. Diane Jay Weaver, “Secrets That Can Kill Have No Place in Our Courts,” Toxics Law Reporter,
June 19, 1991; Staff Report for the Use of the Subcommittee on Oversight and Investigations of the
Committee on Energy and Commerce, U.S. House of Representatives, “The Bjork-Shiley Heart
Valve: Earn as You Learn,” February 1990, p. 2, 3.
7. Barry Meier, “Deadly Secrets System Thwarts Sharing Data on Unsafe Products,” Newsday, April
24, 1988. See also, Daniel C. Carson, “‘Hired guns’ aim to keep veil of secrecy on product dangers,”
San Diego Union-Tribune, May 4, 1991.
8. Ralph Nader and Wesley Smith, No Contest: Corporate Lawyers and the Perversion of Justice
in America, p. 73, 1996.
9. Liability and Insurance Weekly, Vol. 15, Iss. 40, October 23, 2000.
10. Illinois Jury Verdict Reporter, Issue No. 00, May - June 15, 2000 (Case No. 99L-450, tried
May 8-19, 2000).
11. Davan Maharaj, “Tire Recall Fuels Drive to Bar Secret Settlements,” Los Angeles Times,
September 10, 2000.
12. Id.
13. Consumer Product Safety Review, Vol. 6, No. 3, Winter 2002.
14. Stephanie Armour, “Workers Unwittingly Take Home Toxins,” USA Today,
October 5, 2000.
______________________________________________________________________________
Coalition for Consumer Rights
Skeletons in the Courthouse, Page 14
15. Id.
16. Liability and Insurance Weekly, Vol. 15, Iss. 39, October 16, 2000.
______________________________________________________________________________
Coalition for Consumer Rights
Skeletons in the Courthouse, Page 15

The Tacit Conspiracies Of Complicity -

The realities and tacit conspiracies of today's health care and political system

This posting could still use some editing.
Feel free to use it as you see fit.

The reality:

Medical bills play a role in 62% of bankruptcies, study says
By Lisa Girion, June 4, 2009 Los Angeles Times
http://www.latimes.com/business/la-fi-medical-bankruptcy4-2009jun04,1,4411773.story

Excerpts:

The study found that medical bills, plus related problems
such as lost wages for the ill and their caregivers,
contributed to 62% of all bankruptcies filed in 2007.

Medical insurance isn't much help, either. About 78% of
bankruptcy filers burdened by healthcare expenses were
insured, according to the survey, to be published in the
August issue of the American Journal of Medicine.

End of excerpts from:

Medical bills play a role in 62% of bankruptcies, study says
By Lisa Girion, June 4, 2009 Los Angeles Times
http://www.latimes.com/business/la-fi-medical-bankruptcy4-2009jun04,1,4411773.story

The entire study can be downloaded from:

Physicians for a National Health Program,
http://pnhp.org/
at
http://pnhp.org/new_bankruptcy_study/

______________________________________________


Bio-Weapons; Incapacitating Agents, Chronic Illnesses and GWI

Garth Nicolson PhD in the above video has written and
published hundreds of peer reviewed medical journal
articles. His web sites are the Institute Of Molecular Medicine
and
Project Day Lily

-------- Important update ------- :>

The Sunshine Project was the only real watchdog group for
about biological weapons and biotechnology. They have suspended
operations because of a lack of funding and donations.
The PuPPs Theories web site that has posted thus page for me
(and has been tracking the mysterious deaths of microbiologists
since at least 2003) is in danger fo having to shut down from a
lack of donations, too.

Please consider making a Patpal donation to PuPPs Theories.


My macular degeneration is forcing me to stop working
on this for now. But I feel the information is too
important not to send out. Please feel free to forward
to journalists that can make use of it, with or with out
credit to myself.

Blessings,

The Toxic Reverend

Copy / paste:>


“As an Environmental Technologist, I can not imagine
a health care system that could be viable, when it
ignores the common toxic chemical exposures” -
The Toxic Reverend


The realities and tacit conspiracies of today's health care and political system
By The Toxic Reverend
(No copyright claimed. Edit, post, forward and reproduce at will)

..............................

.........

Please consider this information with the following moral:

Tacit Conspiracy Of Complicity - Simplified:

While walking to work each day, I had to cross a stream. I tossed a

rock in to step on and help myself cross each day, on the way to and from work.

Others saw this and did the same. We never discussed it or talked about it.

It was a tacit conspiracy of complicity.

Most of us never imagined that we would create a damn that would flood our

community and kill so many people.

But the few that did realize the impending disaster, set about preparing to

profit off of the coming tragedy, rather than attempt to prevent it. And what

is even worse, are the "measures" they took to keep the information

concealed so the disaster could not be avoided and they could

"make a killing", in profits.

End of quoted moral from a work in progress titled-

Toxic Revelations;
Censored military information on biological
weapons and the health care system (more at)>
hhttp://www.puppstheories.com/tr.html

..........................................................................

Leading medical providers like the Cleveland
Clinic and Johns Hopkins in Baltimore are
establishing special programs to give platinum
service to the well-heeled. Depending on the
program, the super-rich customers may receive
massages and sauna time along with their
physical, house calls, and step-to-the- front-
of-the-line service in testing facilities (158).

While Linda Peeno MD (featured in the movie
"Sicko") gave sworn testimony to the House of
Representatives on the subject of "Denial of
Health Care Services" to insured American's
(20a).

A Congressional Report states that of the
1,400 chemicals known to cause cancer,
less than 6% are tracked (145B).

The huge transnational companies that
produce toxic chemicals found in
pesticides, herbicides and industrial and
household products profit not only from
the sale of these products, but also from
the symptoms and chronic illnesses that
they can trigger (157).
________

157 :POISON FOR PROFIT
CHEM/PHARM HAS NO EQUAL - WHAT A
BUSINESS PLAN!
By Ashley Simmons Hotz May 15, 2002

This report has been censored from the
Internet and removed from the
Archives Wayback Machine. But a
number of advocates have been
re-posting the report and copies can be
found with a simple Google search on
the title and author:>
"POISON FOR PROFIT Ashley Simmons Hotz"

________ ........................

Even more disturbing is what is termed "the revolving door" from
these companies and their executives into many of the high ranking
administration offices of our government, in Washington DC. From
the National Institute of Health to the Food and Drug Administration
and beyond.

"The revolving door" is easily shown with an Internet www.google.com

search term, "revolving door washington DC drugs chemical companies".

In short, "Justice has been sold" (101) and millions of dollars put

into "fixing the sale" ( 49). The Los Angeles Times reported that,

"Drug Companies, HMO's Spend Big To Stop New Laws". They

donated hundreds of millions of dollars to political election

campaigns (49, 159 ).

To quote Senator Amy Klobuchar;

The debate on health care in Washington has been dominated by

the drug companies and the insurance companies for way too long.

When our health care policies are written for the insurance companies

and the drug companies instead of America's families, we get things

like Medicare Part D. Medicare Part D gave the prescription drug

companies something like $90 billion a year in Christmas presents

by banning the federal government from negotiating drug prices.

End of quote from Senator Amy Klobuchar

Drug companies are apparently buying out "grass root

organizations like NAMI (68). While they do the

"Poison for Profit" ( 157).

Use this Google search terms to find copies

"POISON FOR PROFIT Ashley Simmons Hotz"

.............................

To simplify the complexity of the
controversy, I will give this example. Bill
Moyers of the Public Broadcasting System
did a show named Trade Secrets and has
created a web page of the same name
(26). There is to much documentation
there to list, in regard to "industry"
covering up the damage to OUR HEALTH
from toxic chemicals, for over fifty years
(26).

Bill Moyers was tested for over 800 toxic
chemicals and over 80 chemicals (at
various levels of exposure) were found, in
him. That presents the potential for more
viable chemicals reaction variations than
the pick six lottery in one patient from the
perspective of Low Dose Cumulative
Effects of Toxic Chemical's ! But
regardless of this, many of the "tolerable
levels of exposure" to a (singular) toxic
chemical have been fraudulently produced
for decades (81).

Current events on this topic of "The Toxic Lotto" that
revolves around the "Toxic Soup" that all of us live in
are at my MySpace profile with links to the
California Biomonitoring Program
and the
"Cumulative Impacts".

Just as toxic chemicals can multiply in their toxicity
when mixed, so can infectious agents increase in their
pathogenic impact. And the the two (toxic chemicals
and infectious agents) usually work in a synergistic
manner.

It is suspected that
Camp Mandalay of the Bohemian Grove
might very well have "inside knowledge" that
other members of the Bohemian Grove are not
aware of.

Many camps in the Bohemian Grove contain very
prestigious visitors. You have camps like Cave Man,
Hideaway, Hill Billies, Hillside, Isle of Aves, Lost
Angels, Mandalay, Midway, Owl's Nest,
Sempervirens, Silverado Squatters, and Stowaway.
Mandalay seems to be the camp for international
relations and consists of many members officially or
otherwise connected to the intelligence agencies.
Mandalay is the only camp you cannot just walk into
and before you are allowed on the compound
someone will ask you who you have an appointment
with. If you're cleared for access, you are taken up the
hill with a Bechtel-designed electric pulley. Many
members of camps like Hill Billies or Stowaway
(Rockefellers and Morgans) have been to Mandalay at
one time or another.

It is believed that camp Mandalay was central to
the "Manhattan Project" (the nuclear bomb),
"Project Paper Clip" (that gave Nazi scientists
new identities and continued their research on
American's) and a host of other well document
experiments on hundreds of American cities.

I am all for telling the other members of the
Bohemian Grove what camp Mandalay has been
up to with the Non-Lethal Biological
Weapons known as Incapacitating Agents,
playing a part in Chronic Illnesses and cancers.
A video titled,
"Biological Weapons Experiments On The American People"
explains it rather well.



Copy / paste of a posting at
"Sex for the sake of sex" #83 (permalink)


When it comes to the effects of toxic chemicals on our gonads
and or our sex drive, there appears to be a cover up and
a conspiracy. Unfortunately, it is much worse than that. After
careful investigation, it seems to me that the circumstance are
due more to incompetence and greed.

This membership list of the Bohemian Grove does list
some of the deceased and their causes of death. Such as
John Du Pont (now deceased) of whom was diagnosed as
"insane". He was heir to the Du Pont chemical empire.
Ralph Bailey was a member of Camp Mandalay and Vice-Chairman
of Du Pont Chemical Company. John Du Pont (heir to the Du Pont
fortune) was a member of the "Isle of Aves" Camp.
John Du Pont was not a member of the Mandalay Camp.

I'll get back to that angle, after I clarify a few points....... Maybe
you could ask Mary Moore and Peter Phillips what they think about this ?

The elite of our society (The Bohemian Grove
crowd) can get caught up and effected by this "Toxic Lotto", too.
Only they have the money (cash) or a different type of health
insurance, that enables them to get properly evaluated at
clinics like the
Environmental Health Center-Dallas

I'll clarify a key point. A peer reviewed medical
journal has shown that the majority of mental
illness is due to toxic chemical exposures
and is not as genetic as they had thought.

________________________________________

In reference:

Article titled;
Environmental Connections: A Deeper Look into Mental Illness
Journal: Environmental Health Perspectives
Volume 115, Number 8, August 2007
http://www.ehponline.org/docs/2007/115-8/focus-abs.html
Environmental Health Perspectives (EHP ) is a a monthly journal
of peer- reviewed research and news on the impact of the
environment on human health.

End of copy / paste excerpts of posting from;
"Sex for the sake of sex" #83 (permalink)

____________________

Also note the excerpt from :>

http://www.larouchepac.com/node/10504

Nazi T4 Genocide Model Openly Touted By Obama Administration Officials

June 3, 2009 (LPAC)—When Adolf Hitler set up his T4 program, dedicated to eliminating "useless eaters" from Germany's hospitals and nursing homes, he turned to a "non-political" body of medical experts to make the decisions as to who should live, and who should die. It is becoming increasingly obvious that this same model is being adopted by the Obama Administration, in its zeal to ram through its genocidal health care "reform."

End of excerpt from:>
http://www.larouchepac.com/node/10504

____________________

The rough draft of "Toxic Revelations"
has been re-posted at
http://www.puppstheories.com/tr.html

---- End of additional information message -----

--
...-- End Of Forwarded Message -----

Tom Krohmer
Environmental Technologist
aka
The Toxic Reverend
http://www.myspace.com/toxicreverend
aka
Justice Is Homeless
http://www.myspace.com/justiceishomeless

Database lists illnesses with toxic chemicals
that can cause them is now linked in with a
review and comments at :>
http://people.tribe.net/toxicreverend

Peer Reviewed Medical Journal on Chronic
Illnesses, cancers and Stealth Infections
from Bio-weapons of the non-lethal variety
www.immed.org
Note:
The Gulf War Vets have posted
"Beyond Treason"
http://www.gulfwarvets.com

For censored web pages, use the
Archives Wayback Machine
to see what was posted, when.
http://www.archive.org/index.php
Just paste the censored web address in at the search engine

Wednesday, March 11, 2009

Toxic Fresh Produce listed least to worse

Please forward and post - TR

Excerpt from the forwarded e-mail:

This handy guide shows you the fruits and veggies with the most and least pesticides,
so you know which to always buy organic and which are pretty clean even when
conventionally grown.
Shopper's Guide to Pesticides

End of excerpt

The above link goes to a web page where you give your e-mail address to get the
free guide and subscribe to the EWG newsletter. They do not send many e-mails
and do not sell or share their list. And it is doubtful that I will continue to forward
their material. I highly recommend this group. They are the same that exposed the
perchlorate (a rocket fuel additive) in fresh vegetables. Baby Green Organic Lettuce
had the highest level of perchlorate.

If that interests you, try the Google search terms;
"perchlorate lettuce ewg" or "organic rocket fuel lettuce" as well as "Organic Scam"

An FYI with regard to what you can do about this is posted at:

An Organic Food Fight with Nobel Laureates

>http://toxicreverend.blogspot.com/2008/03/unvitation-to-organic-food-fight-with.html
Excerpt from the above "Organic Food Fight"

These scientists are mobilizing to fight FDA & EPA corruption

More than 60 influential scientists, including over 40 Nobel laureates,
are mobilizing scientists and citizens alike to push for
reforms that will protect our health, safety, and environment. They
have posted at their web site :>
The Scientific Integrity Program from the Union of Concerned Scientists
http://www.ucsusa.org/scientific_integrity/

End of excerpt.

The main page of the Union Of Concerned Scientists
http://www.ucsusa.org
covers everything from global warming, nuclear power,
efficient energy, to free news letters with stories on
green cleaning (in your home) to you name it. I highly
recommend their free e-mail news letters, too.

Blessings,

The Toxic Reverend
http://www.myspace.com/toxicreverend
aka
Tom Krohmer
Environmental Technologist
http://toxicreverend.blogspot.com/


---------- Forwarded message ----------
From: Amy Rosenthal, Environmental Working Group
Date: Wed, Mar 11, 2009 at 12:30 PM
Subject: Download new Shopper's Guide to Pesticides
To: toxicreverend@

Dear Thomas,

Announcing a new update to an old favorite: it's the 5th edition of EWG's classic Shopper's Guide to Pesticides, now with the latest government data. This handy guide shows you the fruits and veggies with the most and least pesticides, so you know which to always buy organic and which are pretty clean even when conventionally grown.

GET THE GUIDE

Find out what changed about bananas, carrots, and spinach (among others), and get a printable version of the wallet-sized guide.

SEE THE FULL LIST

See the list of all 47 fruits and vegetables we analyzed to find out where your favorites rank.

SPREAD THE WORD

If you find the guide useful, help us spread the word to your friends, via email or your favorite social media site.

Thanks for your help,

Amy Rosenthal
Outreach Coordinator for Farm & Food

The Environmental Working Group is a non-profit, non-partisan research organization dedicated to using the power of information to protect human health and the environment. The EWG Action Fund is a legislative advocacy organization that uses EWG research to promote healthy and sustainable policies.
HEADQUARTERS 1436 U St. N.W., Suite 100 | Washington, DC 20009

(202) 667-6982


--
...-- End Of Forwarded Message -----

Tom Krohmer
Environmental Technologist
http://toxicreverend.blogspot.com/
aka
The Toxic Reverend
http://www.myspace.com/toxicreverend
aka
Justice Is Homeless
http://www.myspace.com/justiceishomeless

Database lists illnesses with toxic chemicals
that can cause them is now linked in with a
review and comments at :>
http://people.tribe.net/toxicreverend

Peer Reviewed Medical Journal on Chronic
Illnesses, cancers and Stealth Infections
from Bio-weapons of the non-lethal variety
www.immed.org
Note:
The Gulf War Vets have posted
"Beyond Treason"
http://www.gulfwarvets.com

Toxic Revelations; Censored information on
biological weapons and the health care
industry The censored rough draft has
been reposted
http://www.puppstheories.com/ToxicRevelations/tr.html

Saturday, January 3, 2009

Stone Soup Station: Update on The Laguna Beach Homeless Harassment Lawsuit

Stone Soup Station: Update on The Laguna Beach Homeless Harassment Lawsuit

Thursday, November 13, 2008

Oil Addiction Intervention w 20 million people Fwd: 11-13-2008

Oil Addiction Intervention w 20 million people Fwd: 11-13-2008

The COAST to Coast Radio with George Noory
will have David Blum on for a 3 HOUR Special Call In program
Listen on-line, or check the web page for a radio station near
you.
http://www.coasttocoastam.com/
Let's jump the ethanol revolution into high gear for 2009!
Just click on "Affiliates" on the left side of their web page for
an easy directory of stations broadcasting the program.
This program has an estimated 20 million listeners, globally..

Puppet Theories - Pupp's Theories

The Sunshine Project was the only real watchdog group
for biological weapons and biotechnology. They have
suspended operations because of a lack of funding and
donations.

The PuPPs Theories web site that has been tracking the
mysterious deaths of microbiologists since at least 2003
is in danger fo having to shut down from a lack of donations,
too. Please consider making a donation of any amount.
You can make donations at their respective web pages.

Please do not send me any money. Send it to them.

I'm an Environmental Systems Technologist that had called into
the Coast To Coast AM Radio Show on June 12 and 13, 2009
as "Tom from Santa Rosa CA". I had mentioned the Pupp's
Theories web page as "Puppet Theories" on the 12th and
was not very clear about "Pupp's Theories" on the 13th
The Coast To Coast show on the 12th was about all of the
dead microbiologists (biological weapons experts) that have
died under very mysterious circumstances with Bob Coen from
Transformer Films and the Anthrax War - Dead Silenceas the guest.

O the June13th night show about "Spy Masters". With
CI Centre Professors David Major (ret FBI)
and Oleg Kalugin (ret KGB) talking about their
intersecting counterintelligence careers.

On the show of the 13th, I had mention Thomas C. Reed,
a former Air Force secretary who was serving in the National
Security Council at the time, describes the episode in
"At the Abyss: An Insider's History of the Cold War," published
by Ballantine Books. The book details the


This "profile" is an attempt to make it easier to find the

"Pupp's Theories" web page at
http://www.puppstheories.com/

Of which has been hosting the

Toxic Revelations;
Censored military information on biological
weapons and the health care system (more at)>
hhttp://www.puppstheories.com/tr.html

Presently, I am researching and preparing a piece
about the 1918 flu that has been missing from a
United States biological weapons research lab and
prior to the outbreak of the recent "Swine Flu". The
posted video at Toxic Revelations is titled;
"Biological warfare on the American public".
It is an important movie that documents the associations
of many chronic illnesses and cancers with non-lethal
biological weapons called "Incapacitating Agents". As
well as exposing some of the problems with vaccines.
Such as the French army being the only one from the
1991 Gulf War conflict that did not have symptoms of
"Gulf War Syndrome". The French had the only army that
refused the American made Anthrax vaccine and took antibiotics.



Blessings,

Puppet Theories
a.k.a.
The Toxic Reverend
http://www.myspace.com/toxicreverend