Comments on: Mark Herrmann: Regulation by lightning bolt http://www.kevinmd.com/blog/2008/03/mark-herrmann-regulation-by-lightning.html Tue, 14 Feb 2012 19:56:00 +0000 hourly 1 By: Supremacy Claushttp://www.kevinmd.com/blog/2008/03/mark-herrmann-regulation-by-lightning.html#comment-84710 Supremacy Claus Wed, 02 Apr 2008 12:13:00 +0000 http://clients.emmense.com/kevinmd/2008/03/mark-herrmann-regulation-by-lightning-bolt.html#comment-84710 Anonymous 9:47: It is 1000 times worse than you think. The interference is across the board. The lawyer profession has the structure of a criminal cult enterprise. It controls the three branches of government. Every goal of every law subject is in utter failure. The sole success of the hierarchy that runs this enterprise is lawyer rent seeking. <br/><br/>http://en.wikipedia.org/wiki/Rent-seeking<br/><br/>Here is something worse than making our economy grow at 3% in a good year, instead of 9% like our competitors. <br/><br/>23 million people get victimized in FBI Index felonies by the clients of the criminal lover lawyer. Minorities have a 6 times higher rate of murder. The lawyer gives them almost no protection. Anonymous 9:47: It is 1000 times worse than you think. The interference is across the board. The lawyer profession has the structure of a criminal cult enterprise. It controls the three branches of government. Every goal of every law subject is in utter failure. The sole success of the hierarchy that runs this enterprise is lawyer rent seeking.

http://en.wikipedia.org/wiki/Rent-seeking

Here is something worse than making our economy grow at 3% in a good year, instead of 9% like our competitors.

23 million people get victimized in FBI Index felonies by the clients of the criminal lover lawyer. Minorities have a 6 times higher rate of murder. The lawyer gives them almost no protection.

]]> By: Anonymoushttp://www.kevinmd.com/blog/2008/03/mark-herrmann-regulation-by-lightning.html#comment-84704 Anonymous Wed, 02 Apr 2008 02:47:00 +0000 http://clients.emmense.com/kevinmd/2008/03/mark-herrmann-regulation-by-lightning-bolt.html#comment-84704 I am not a lawyer and do not understand all of the legal reasoning. I do understand that in a country where one inbred county in Mississippi can pillage any company so bold as to produce a product for the market place for hundreds of millions of dollars is a country that can not long maintain innovative industry as only an idiot is going to manufactor anything under those conditions.<br/><br/>Especially when most of the jury pool is sharing the plunder and the top lawyers are paying cash bribes to the judges. I am not a lawyer and do not understand all of the legal reasoning. I do understand that in a country where one inbred county in Mississippi can pillage any company so bold as to produce a product for the market place for hundreds of millions of dollars is a country that can not long maintain innovative industry as only an idiot is going to manufactor anything under those conditions.

Especially when most of the jury pool is sharing the plunder and the top lawyers are paying cash bribes to the judges.

]]> By: Anonymoushttp://www.kevinmd.com/blog/2008/03/mark-herrmann-regulation-by-lightning.html#comment-84676 Anonymous Tue, 01 Apr 2008 01:53:00 +0000 http://clients.emmense.com/kevinmd/2008/03/mark-herrmann-regulation-by-lightning-bolt.html#comment-84676 If you're going to support taking things out of the hands of the people and turn them over to the government, you don't get to cry about increased regulation and increased taxes to pay for larger bureacracies. If you’re going to support taking things out of the hands of the people and turn them over to the government, you don’t get to cry about increased regulation and increased taxes to pay for larger bureacracies.

]]> By: Anonymoushttp://www.kevinmd.com/blog/2008/03/mark-herrmann-regulation-by-lightning.html#comment-84675 Anonymous Tue, 01 Apr 2008 01:51:00 +0000 http://clients.emmense.com/kevinmd/2008/03/mark-herrmann-regulation-by-lightning-bolt.html#comment-84675 Why are physicians always talking about punitive damages? They're a factor in less than 1% of all med mal cases, and then the physician is usually drunk or something. Why are physicians always talking about punitive damages? They’re a factor in less than 1% of all med mal cases, and then the physician is usually drunk or something.

]]> By: Anonymoushttp://www.kevinmd.com/blog/2008/03/mark-herrmann-regulation-by-lightning.html#comment-84674 Anonymous Tue, 01 Apr 2008 01:42:00 +0000 http://clients.emmense.com/kevinmd/2008/03/mark-herrmann-regulation-by-lightning-bolt.html#comment-84674 Ahh diora, but you are not a lawyer. You are logical. Logic is not part of the equation. $$$$$ is. Ahh diora, but you are not a lawyer. You are logical. Logic is not part of the equation. $$$$$ is.

]]> By: Diorahttp://www.kevinmd.com/blog/2008/03/mark-herrmann-regulation-by-lightning.html#comment-84670 Diora Mon, 31 Mar 2008 23:17:00 +0000 http://clients.emmense.com/kevinmd/2008/03/mark-herrmann-regulation-by-lightning-bolt.html#comment-84670 Once upon a time I heard a pretty interesting idea about punitive damages - in all tort cases, not just medical.<br/><br/>The co-worker's idea was that sure, if some guy commited wrong he should be punished, but that there is no reason that the plaintif should get the money. Instead of going to the plaintif and the lawyer, the punitive damages in its entirety should go to the state. <br/><br/>Sure the plaintif, if injuried, is entitled to compensation. But this is all. Punitive damages are really a fine, so nobody is really entitled to them. <br/><br/>I've always thought his line of reasoning was pretty logical. Once upon a time I heard a pretty interesting idea about punitive damages – in all tort cases, not just medical.

The co-worker’s idea was that sure, if some guy commited wrong he should be punished, but that there is no reason that the plaintif should get the money. Instead of going to the plaintif and the lawyer, the punitive damages in its entirety should go to the state.

Sure the plaintif, if injuried, is entitled to compensation. But this is all. Punitive damages are really a fine, so nobody is really entitled to them.

I’ve always thought his line of reasoning was pretty logical.

]]> By: Supremacy Claushttp://www.kevinmd.com/blog/2008/03/mark-herrmann-regulation-by-lightning.html#comment-84658 Supremacy Claus Mon, 31 Mar 2008 12:27:00 +0000 http://clients.emmense.com/kevinmd/2008/03/mark-herrmann-regulation-by-lightning-bolt.html#comment-84658 The Supreme Court has held four times, civil defendants have procedural due process rights. These cases involved punitive damages. <br/><br/>One such right is the right to a fair hearing. Leave aside the self-dealt lawyer and judge immunities allowing most medical harm claims to be weak with impunity, and to be legal malpractice.<br/><br/>If a defense expert testifies, in good faith, in support of the doctor or device maker, a medical controversy exists in the case. The rhetorical tools of the court, and the gut feelings of strangers off the street cannot resolve a medical controversy. Only scientifically valid data can. <br/><br/>The incompetence of the court to conduct scientific research violates the fair hearing portion of procedural due process.<br/><br/>[I would submit a more detailed op-ed, but the prohibition against republication is inappropriate and anti-freedom.] The Supreme Court has held four times, civil defendants have procedural due process rights. These cases involved punitive damages.

One such right is the right to a fair hearing. Leave aside the self-dealt lawyer and judge immunities allowing most medical harm claims to be weak with impunity, and to be legal malpractice.

If a defense expert testifies, in good faith, in support of the doctor or device maker, a medical controversy exists in the case. The rhetorical tools of the court, and the gut feelings of strangers off the street cannot resolve a medical controversy. Only scientifically valid data can.

The incompetence of the court to conduct scientific research violates the fair hearing portion of procedural due process.

[I would submit a more detailed op-ed, but the prohibition against republication is inappropriate and anti-freedom.]

]]> By: KipEsquirehttp://www.kevinmd.com/blog/2008/03/mark-herrmann-regulation-by-lightning.html#comment-84657 KipEsquire Mon, 31 Mar 2008 04:20:00 +0000 http://clients.emmense.com/kevinmd/2008/03/mark-herrmann-regulation-by-lightning-bolt.html#comment-84657 <i>"Last month, the Supreme Court held that manufacturers of medical devices approved for marketing by the FDA through the "pre-market approval" process generally cannot be sued by private plaintiffs."</i><br/><br/>Um, in state courts under state laws. This case (Riegel v. Medtronic) was merely a straightforward pre-emption case that in no way crafted a "safe harbor if FDA approved" rule. It merely clarified that federal law trumps any added burdens imposed by states.<br/><br/><i>"But juries are far less suited to decide whether complex medical devices have been designed appropriately, so society is right to limit a jury's power to second-guess the FDA's decisions on that score."</i><br/><br/>Again, the case did not in any way say that. It said that <i><b>state legislators</b></i> are "far less suited" than the FDA. There's a difference. “Last month, the Supreme Court held that manufacturers of medical devices approved for marketing by the FDA through the “pre-market approval” process generally cannot be sued by private plaintiffs.”

Um, in state courts under state laws. This case (Riegel v. Medtronic) was merely a straightforward pre-emption case that in no way crafted a “safe harbor if FDA approved” rule. It merely clarified that federal law trumps any added burdens imposed by states.

“But juries are far less suited to decide whether complex medical devices have been designed appropriately, so society is right to limit a jury’s power to second-guess the FDA’s decisions on that score.”

Again, the case did not in any way say that. It said that state legislators are “far less suited” than the FDA. There’s a difference.

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