Politicians know they are on sensitive ground by imposing new forms of fines and taxation on its citizens. More and more, governments are turning to lawsuits against major corporations as an income stream.
Reuters recently, (May 30, 2019), announced, that Los Angeles County is planning to sue Monsanto for its PCB contamination. [Note: Monsanto reportedly stopped manufacturing PCB almost HALF A CENTURY AGO.]
New York tried to sue BP, chevron, ConocoPhillips, Exxon Mobil, Royal Dutch Shell, as if they contributed to climate change, according to an article by CNBC back in July, 2018. The judge tossed out that one. According to News24h Live, April 20, 2019, 14 governments, including city governments, have tried or are trying to sue fossil fuel corporations.
Governments have sued big tobacco.
ROUNDUP is becoming headline news. I’d offer that we can expect a rash of governments rushing to sue for ROUNDUP-caused health problems. According to Ohio’s Country Journal, (ocj.com), May 29, 2019, there are 13,000 cases filed alleging a link between one form of cancer and GLYPHOSATE. [Those are civil cases by individuals or class actions, no word yet of governments tackling that as a lawsuit. ]
There are over 1,700 GOVERNMENT cases in process or pending against manufacturers of OPIOIDS. On March 28, 2019, THE CONVERSATION published an article indicating that Oklahoma reached a $270 million settlement with an opioid manufacturer to cover government costs to address the crises caused by opioids. This suggests that we can expect many more governments to jump on the opioid lawsuit bandwagon.
There are many more government lawsuits against manufacturers out there.
Will governments will lose their lawsuits, upon appeal? Possibly. If companies use the “Silver Bullet” defense…Here’s why.
The “silver bullet defense” suggests that there is a law stronger than any other law and that can be used as a show stopper. Possibly an approval in law by a federal agency provides such a possible defense. [Note: I am not a lawyer and leave the details to you or your lawyer to master.]
And here’s where governments have shot their citizens in the foot, so to say.
If we dig deeply enough, behind the curtain, some of those approvals may have been passed under various biased circumstances and ought to be suspect. Bias comes in many forms.
One form of bias that may be allegedly affecting federal agencies comes from the phenomenon called the “revolving door”.
If you look at the CDC, FDA, EPA, military, or any other government department, it may be relevant to learn of the extent of influence on the science used or on the decision process caused by the “revolving door”, within their agency or department. Some agencies allegedly have staff , or advisors, who pass, or help to pass or influence, authorizations, certifications, or contracts favorable to companies to which those decision makers then work for, after leaving the federal government agency or government department.
Is this merely a “conspiracy theory”? Well, I offer the following from experts involved with some of those agencies…
“This analysis…shows that a sizable percentage (57.7%) of FDA medical reviewers who leave the agency subsequently work for or consult for the biopharmaceutical industry” (Source: BMJ. The BMJ Press Release. 28 September 2016.) [Note: the BMJ is not “just anybody”. The BMJ is a healthcare knowledge provider advancing healthcare worldwide by sharing knowledge to improve healthcare outcomes.]
On November 21, 2016, THE HILL published concerns from over a dozen CDC scientists about the ethics within the Center for Disease and control, (CDC). Allegations in that letter cover allegedly changing results and refusing to comply with Freedom of Information Act requests, (FOIA).
If that wasn’t enough to prove there is no conspiracy about revolving doors being alive and well within federal approval and purchase agencies, I have one more for you.
Recently Robert F. Kennedy, Jr. was criticized for alleging that the CDC makes money from some vaccines. Such a claim sounds preposterous, doesn’t it? Maybe not so far from the mark if you inquire about the compensation going to advisors, panel members, or their influencers. It’s easy enough to validate, if you wish to: simply match member or advisor names to a patent search. Not only interesting…maybe shocking.
An online article was published by LAW FIRMS, an online portal to law firms. “CDC Members Own More Than 50 Patents Connected to Vaccinations”.
So, why all this chit chat about the “revolving door” and the “silver bullet” defense?
If the revolving door is what helped to sway a federal agency to make an approval or a purchase, then we, the citizens, will get “burned”, once again, but this time in multiple ways.
- Because of the “revolving door” and less than optimal science and decisions therefrom, but those decisions may expose us to unnecessary health risks.
- When our governments attempt to seek compensation for damages that cost taxpayers multi-millions, or even multi-billions of dollars, defendants may invoke the “silver bullet” defense by arguing those approvals provide sufficient defense.
- If our governments do sue and then lose, guess who picks up the court tab? Yup…you the taxpayer.
[Note: I am not a lawyer. The above is not intended to offer legal advice or to be a recommendation. The above is merely for information purposes. You should consult a professional or your lawyer for any legal matters.]