Opinion

The Great Debate

from Stories I’d like to see:

Sealing deadly court files, and Obama and his Cabinet

1. Sealing deadly court files:

In the wake of continuing disclosures about General Motors’ failure to acknowledge critical safety issues related to faulty ignition switches, there’s a looming issue that has not been addressed: How litigation settlements negotiated by private parties can result in court-sanctioned cover-ups that endanger the public.

We now know that there were several cases in which the families of people who died in crashes after ignition switches failed quietly received cash settlements from GM.

In return for the cash, the plaintiffs not only promised to withhold the settlement details but also agreed with GM that the court files would be sealed. In some cases, those sealed records included documents and transcripts of pre-trial deposition testimony that contained evidence gathered about the dangers of the faulty switches.

As this editorial in USA Today points out, “Outrageous as it sounds, such secrecy is routine. Powerful companies and institutions regularly suppress information about public risks, ranging from incompetent doctors to abusive priests to defective products.”

One reason the secrecy is “routine” is that both parties involved benefit. The plaintiff -- and the plaintiffs’ lawyers -- get a quick cash payout. The defendant gets the case killed without the bad publicity and the wave of suits that could come from a public trial, let alone an adverse jury verdict.

Plan B: where politics trump science. Again.

By Amanda Marcotte
The views expressed are her own.

Wednesday morning Health and Human Services Secretary Kathleen Sebelius overruled the FDA’s long-awaited decision taking age restrictions off Plan B emergency contraception. The change would have allowed those 16 and under to buy Plan B, moving it from behind the pharmacist counter and into the shelves alongside aspirin and condoms. But now that won’t happen.

The decision confounded the medical community as well as the women’s rights world. Since no HHS Secretary has ever overruled an FDA decision of this sort before, the widespread assumption, best articulated by Matt Langer at Wonkette, was that Sebelius was working under “marching orders from an administration now fully in re-election mode” and fearful of getting a reputation as somehow “soft” on teen sexual activity.

Sebelius admitted to no political calculation, and instead claimed to be concerned about supposedly inadequate research into the effects on 11- and 12-year-olds who might use the pill. FDA Commissioner Margaret Hamburg, no doubt irate at being told she and her entire team don’t know how to do their job as well as non-medical professional Sebelius, denounced this argument, and defended the extensive research done to assure that Plan B was safe for over-the-counter sales. Taking into account the evidence, and the drawn-out political battle over emergency contraception, it’s safe to say that Sebelius did choose political pandering over women and girls’ best interests.

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