[Congressional Record Volume 140, Number 85 (Wednesday, June 29, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: June 29, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                       S. 687--PRODUCTS LIABILITY

  Mr. DOLE. Mr. President, my remarks will be brief, as everything that 
can be said about this bill has been said--if not during this debate, 
then certainly sometime over the last 13 years.
  And while the Senate has talked and talked about this issue, American 
manufacturers, wholesalers, distributors, and retailers have lost jobs 
and opportunities, innovation has been stifled, and consumers have 
suffered.
  I find it ironic, Mr. President, that many of my colleagues who so 
strongly support overhauling our health care system--which is the best 
in the world--continue to try and block reform of our products 
liability laws--which are among the most confusing and inefficient in 
the world.

  In my book, Mr. President, obtaining cloture and eventually passing 
S. 687 is ``win-win'' situation.
  American businesses would win, because their expenses would be 
reduced, and their products would receive a boost here at home and in 
the world market. Foreign competitors do not face skyrocketing 
liability costs, and in some industries have captured market share from 
U.S. companies that are burdened with such costs.
  American consumers would win because better products would enter the 
market, and prices would be lower.
  Those afflicted with a number of diseases would win, because 
pharmaceutical and medical research companies would have more money to 
spend on research and development rather than on litigation.
  Indeed, the commerce Committee heard testimony from two firms that 
concern over products liability litigation and costs caused them to 
drop research into drugs which might be important to AIDS patients.
  Those who have legitimate products liability claims would win because 
the bill creates incentives for resolution of disputes before going to 
trial--a system that often creates waits of longer than 2 years between 
filing a case and receiving the jury verdicts--and longer if there is 
an appeal.
  Severely injured victims cannot afford to wait years before being 
compensated. Often, these long delays force settlement for amounts far 
less than adequate.
  Mr. President, 13 years of being tied up by the American Trial 
Lawyers Association is long enough. Let's invoke cloture, pass this 
bill, and then take another much needed step, and move on to reforming 
the liability laws relating to aviation.

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