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“The U.S. Chamber supports health courts and other medical liability reforms that ensure fair damage awards”

Is this just smoke and mirrors? If the U.S. Chamber supports “fair damage awards” then why to they continue to NOT support the Medical Device Safety Act of 2009 preventing anyone from going to court to determine if a person is entitled to “fair damage awards” or to hold a company accountable for there actions if their was gross negligence?

Have we all forgotten the words of the Pledge of Allegiance? So we want “one nation under God, indivisible, with liberty” but not “justice for all.”

“I pledge allegiance to the flag of the United States of America and to the republic for which it stands: one nation under God, indivisible, with liberty and justice for all.”

This pledge is something that I said everyday in school. It had value to society or I would not have had to repeat those words. I was not given the choice of which words I repeated.

Do those words have any value to society, do they mean something, are they the foundation of this country?

Is it “justice for all” with the deepest pockets. Is justice for sale? Is the U.S. Chamber about a fair fight or only when it benefits business.

We must remember the primary objective of the Chamber of Commerce, to promote commerce.

“To advance human progress through an economic, political and social system based on individual freedom, incentive, initiative, opportunity, and responsibility.”

What are the obligations of corporations? Are corporations not obligated to be responsible as much so as individuals?

Are corporations an ingenious device for obtaining individual profit without individual responsibility?

Does not equality of opportunity mean equity of responsibility?

Or is the Chamber of Commerce like a baby, “A load noise at one end and no sense of responsibility at the other”?

“Liberty means responsibility. That is why most men dread it. “
-Shaw, George Bernard

“The liability for an act and the obligation to repair any damage caused by that act; in criminal law, a person’s mental capacity to understand and answer in court for her or his actions; guilt.”

Without the Medical Device Safety Act of 2009 how is a corporation to be held accountable for their actions?


There is much talk these days from conservatives about liberty and big government.

Maybe a refresher on the definition of “liberty” is important before we get started.


n. pl. lib·er·ties


         a. The condition of being free from restriction or control.

         b. The right and power to act, believe, or express oneself in a manner of one’s own choosing.

         c. The condition of being physically and legally free from confinement, servitude, or forced labor.

    2. Freedom from unjust or undue governmental control.

    3. A right or immunity to engage in certain actions without control or interference: the liberties protected by the Bill of Rights.

Those liberties are the “freedom from unjust or undue governmental control” and “the liberties protected by the Bill of Rights”.

One of those liberties in the Bill of Rights is the seventh amendment.

Seventh Amendment (Amendment VII)

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

The Reigel v. Medtronic Supreme Court decision tells me I can not sue because the politically controlled FDA has approved a medical device but yet anyone can sue a driver, licensed by a state, that has killed my son through negligent behavior.

Is that what my son is worth, less then 842.63?

I also keep hearing much talk from the Republican party.

Rep. Spencer Bachus talked about the power of the individual. Rep. Judy Biggert talks about bipartisanship. Rep. Frank Lucas talks about “faceless bureaucrats”, and Rep. Michelle Bachman talks about “politically connected friends”

Rep. Adam Putnam in talking about the recent debate on financial regulation that “what this gives us is a bigger government bureaucracy”

Rep. Randy Neugebauer talks about the wisdom of the people: “I still have faith in the American people…” or “The American people are smart enough  to make their own decisions

Rep. Jeb Hensarling said that as “the economy gets more political it will depend more on who you know in government” and “you flip a switch and take care of your political supporters”

Rep. Scott Gerret is not going to sign the financial overhaul bill because “the bill has an expansion of government… we are allowing the Treasury Secretary, a political appointee, to decide which bank fails or not”

Michelle Bachmann said this about the current health reform bill,  “government will take control of the life and death of every citizen.. if you believe in liberty and if you reject tyranny… who will be the decision maker, what about rationing…”

The recurring theme with Republicans is the ingenuity of the American people and the faith they have in the “people” and how government is getting to big and controlling our lives more and more.

So Rep. Neugebauer do you have “faith in the American people” or only when they do not serve on a jury? Are the American people “smart enough to make their own decisions”? Are they smart enough to spot a frivolous lawsuit?

And Rep. Bachman, who will be the decision maker of the value of my son’s life? Will it be your “politically connected friends”? Will the FDA “take control of the life and death” of the citizens. Will you expand the power of the federal government with tort reform, basically regulating what the American people can and can not do by restricting access to the courts through caps?

Will “faceless bureaucrats” decide for society what is safe and what is not or how much a person is worth? Will you allow “freedom from unjust or undue governmental control” and not allow the Supreme Court to tell states what they can and can not do? Will you allow “freedom from unjust or undue governmental control” and not impose caps on what “we the people” decide is just or will you impose your definition of justice on the people?

So what are conservative values? The Republican party still has caps in their “national” health care plan and not one Republican has co-signed the Medical Device Act of 2009. Do conservative values only have meaning when they do not pose a burden on you?

There are millions of soldiers that died for the constitution and thousands fighting and dying this day. I served this country for four years to protect the constitution nearly losing my life and now you want to take away my rights, my responsibility as a father, to protect and fight for my child. Is this not what You have asked me to do as a father? I have served my country and I have lived up to my duties as a father.

What price are you willing to pay for the values embodied in the constitution? What is your price for selling out the constitution? Do you really have faith in the American people?

Why do you want to regulate the very institution where the common man with limited resources can seek justice in this world?

Who defines negligence or due diligence? Is not government the realm of legality, and society the realm of conscience. Is it not up to society to define negligence and due diligence? Is not society the source of moral or ethical judgment?

Irving Kristol has this to say about Democracy:

“Democracy does not guarantee equality of conditions – it only guarantees equality of opportunity.”

I am only asking for equality of opportunity. An opportunity to determine if their was negligence in the death of my son, to seek justice if justice is to be found. Is this not the responsibility of a father? Is this to much of a burden to ask of my country?

"The bottom line is that those items typically blamed for
rising health care costs — insurer profits, the aging of America and the high
cost of medical malpractice — in fact have little impact on health care

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