{"id":22821,"date":"2022-11-02T18:41:49","date_gmt":"2022-11-02T18:41:49","guid":{"rendered":"https:\/\/nclnet.org\/?p=22821"},"modified":"2022-11-02T18:41:49","modified_gmt":"2022-11-02T18:41:49","slug":"sunshine-in-litigation-act-introduced-in-the-district-of-columbia","status":"publish","type":"post","link":"https:\/\/nclnet.org\/dc-sunshine-in-litigation-act\/","title":{"rendered":"Sunshine in Litigation Act introduced in the District of Columbia"},"content":{"rendered":"

\"\"<\/p>\n

By Sally Greenberg, NCL Executive Director<\/strong><\/p>\n

Here in the District of Columbia, we have a chance to stop the problem of secret settlements with the introduction of the DC Sunshine in Litigation Act (SILA).<\/p>\n

The bill, which is scheduled for a hearing before Councilmember Allen\u2019s Judiciary Committee on December 8, would require DC judges to consider public health and safety before granting a protective order, sealing court records, or approving a settlement agreement. Introduced by consumer champion and DC Councilmember Mary Cheh, the bill will ensure that injuries caused by dangerous or unhealthy products do not any longer get sealed away from the public through legal settlements.<\/p>\n

As Councilmember Cheh said in her letter to the Council:<\/p>\n

\u201cThis presumption in favor of public access is especially important in cases that have implications for individuals beyond the parties to litigation\u2014in particular, cases that involve defective products or dangerous environmental conditions that pose a risk to the general public. Unfortunately, it has become increasingly common in cases like these for parties to undermine the public interest, often with a court\u2019s endorsement, either through sweeping confidentiality clauses in settlement agreements or through protective orders issued by the court. <\/em><\/p>\n

\u201cCourt-sanctioned secrecy in such cases can be a matter of life and death. Perhaps the clearest example of this comes from the high-profile litigation related to the opioid epidemic. As early as 2001, individuals and governments began filing lawsuits alleging that opioid manufacturers had misled doctors about the dangers of prescription opioids. However, because judges in these cases required that court records remain under seal, the compelling evidence of the manufacturers\u2019 wrongdoing and of the dangers of opioids uncovered by the litigants was kept from the public for over a decade<\/em>.\u201d<\/p>\n

This issue of secret settlements has a long and sordid history. Typically, a consumer sues a manufacturer for an injury or death that has resulted from a defect in one of the manufacturer’s products. The victim is suing a large corporation that can spend huge sums of money defending the lawsuit and delaying its resolution. Facing a formidable opponent and mounting medical bills, plaintiffs are discouraged from continuing and often seek to settle the litigation. In exchange for monetary damages, the victim is often forced to agree to a provision that prohibits him or her from revealing information disclosed during the case. While the plaintiff gets a respectable award and the defendant can keep damaging information from being publicized, the public remains unaware of critical health and safety information that could save lives.<\/p>\n

Bipartisan federal SILA bills have been introduced since the 1990s, with Senator Herb Kohl (D-WI), now retired, being the prime champion, but sadly, none became law. So, we are left to legislate this important consumer protection matter on the state level.<\/p>\n

The witnesses who testified before Congress in past years have developed a strong set of stories that underscores the importance of getting these bills passed. A shameful litany of products that have caused injury and death exists but without public scrutiny, the company continues to market and sell the product and keeps the hazards secret. At the hearings in 1990 and 1994, Congress heard testimony about silicone breast implants, adverse reactions to a prescription pain killer, \u201cpark to reverse\u201d problems in pick-up trucks, defective heart valves, dangers from side-saddle gas tanks, playground equipment, IUD birth control devices, tires, and portable cribs.<\/p>\n

Fast forward to 2011, the Senate Judiciary Committee hearing included many such stories of dangerous products whose hazards remained a secret, including the following.<\/p>\n