[Congressional Record Volume 142, Number 91 (Wednesday, June 19, 1996)]
[Senate]
[Pages S6517-S6518]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. INHOFE (for himself, Mr. Faircloth, Mr. Grams, Mr. 
        Abraham, Mr. Helms, and Mr. McConnell):
  S. 1885. A bill to limit the liability of certain nonprofit 
organizations that are providers of prosthetic devices, and for other 
purposes; to the Committee on the Judiciary.


                 the prosthetic limb access act of 1996

  Mr. INHOFE. Mr. President, a few years ago I became exposed to a 
problem that exists in the lives of thousands of Americans. It happened 
when one of my closet friends in Oklahoma, Buddy Martin; lost both of 
his legs.
  He was one of the fortunate ones who had the resources to purchase 
artificial limbs, and is able to live today a much more normal life 
than one could imagine.
  It is because of this exposure that I rise today to introduce a bill 
to provide relief to thousands of Americans. Everyday far too many 
Americans are unable to live full and productive lives like Buddy 
Martin because they cannot afford adequate prosthetic care. There are 
over 250,000 Americans who cannot afford adequate prosthetic care. 
While the government provides assistance through Medicare and other 
programs they can not meet all of the needs, and they don't have to. 
The private sector

[[Page S6518]]

stands ready to help, through nonprofit foundations, but they cannot 
because of our country's product liability laws. That is why I am 
introducing the Prosthetic Limb Access Act of 1996, I am joined by my 
colleagues Senators Faircloth, Grams, Abraham, and Helms.
  In Oklahoma, a nonprofit foundation called Limbs for Life takes used 
artificial limbs, reconditions them, and provides them to needy people 
in third world countries, they do not give them to Americans. It is not 
because there is not the need, they do not provide them because of our 
country's laws regarding product liability. They would be unable to 
afford the necessary insurance to provide the limbs to needy Americans. 
One doctor in Oklahoma, Dr. John Sabolich, the Nation's foremost 
prosthesis expert, currently saws used devices in half before throwing 
them away, because of liability. He showed me a $50,000 prosthetic arm 
that was about to be destroyed; to make it reusable would only have 
required about 20 minutes of work. It is a disgrace that perfectly good 
artificial limbs have to be destroyed when there are thousands of 
Americans who could use them.
  My bill would provide the necessary product liability relief, while 
still protecting the patients by providing relief for intentional 
wrongdoing. This would allow hundreds of Americans to care for 
themselves, work, and better enjoy a more full life.
  There are over 3,000 new amputations each week, which amounts to 
160,000 amputations each year, for a grand total of 3.8 million 
amputees in the United States. The number of new amputees has increased 
over the years because of the early detection of cancer, doctors are 
able to detect cancer earlier and it is better to sacrifice a limb to 
save a person. Therefore the demand for more limbs by needy people will 
only increase. I have been told that if this bill is enacted that at 
least 2,000 limbs per year could be made available for needy Americans. 
These are 2,000 people who otherwise would not have access to an 
artificial arm or leg. These are 2,000 people who are currently not 
living full and productive lives, who need assistance to care for 
themselves, sometimes to just accomplish tasks that we all take for 
granted such as eating, moving around, or even working.

  I have met many of these people who would benefit from this 
legislation and have listened to their heartbreaking stories. And for 
everyone I've heard of there are hundreds more who go daily without a 
prosthetic device, depending on others.
  There is Nestor, a man who is missing both arms. He states:

       My prosthesis is broken and I am unable to eat or do any 
     activities of daily living such as personal care or cooking. 
     I live alone and have no friends to help, so I must do things 
     for myself.

  There is Pearl, a 46-year-old woman with one leg missing, who lives 
in a nursing home. She said:

       I slip and fall so often when my crutches slip away from 
     me--and it hurts a lot when my wrist or neck or other body 
     parts are throbbing with pain for weeks due to my falls--and 
     although I try to be careful and watchful, the crutches still 
     can slip away from me when encountering the mopped floors or 
     wet spots that are in a nursing home.

  There is Dalia, she was fitted with her current prosthesis in 1983, 
but since then her body has changed and it no longer fits properly. She 
says:

       When I changed prosthesis, my whole body changed, my 
     balance is off especially effecting my back. I have fallen 
     down, have worsening osteoporosis and am very frustrated 
     because I can't do the things I used to do.

  Mr. President, I know these are sad stories, and I know we as Members 
run across sad stories every day. But here we can do something positive 
for them, which will solve their problems, at no cost to the taxpayers. 
We can provide them the same medical services we are now giving poor 
people in third world countries, and we can do this through the 
nonprofit sector. We have needy people and a willing organization ready 
to help. Mr. President, we should at least treat our own citizens as 
well as we treat those in other countries.
  Mr. President, my legislation is supported not only by the Limbs for 
Life Foundation, but also: Goodwill Industries, National Amputee Fund, 
National Association for the Advancement of Orthotics and Prosthetics, 
American Academy of Physical Medicine and Rehabilitation, and the 
American Congress of Rehabilitation Medicine.
  Mr. President, this is a simple bill which would create major relief 
for a number of needy people. It is not a broad product liability bill, 
so therefore it should not draw the opposition that other bills have 
received this Congress. It corrects a small problem that literally 
means the world for a large group of disabled Americans. I hope we can 
move this bill forward this year.
                                 ______