Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, April 26, 1990 TAG: 9004260641
SECTION: NATIONAL/INTERNATIONAL PAGE: A/4 EDITION: EVENING
SOURCE: Associated Press
DATELINE: WASHINGTON LENGTH: Medium
However, corporate lawyers argue that such arrangements are a legitimate part of the civil justice system, offer an alternative to lengthy court battles and help protect trade secrets of U.S. businesses and American competitiveness.
"Secrecy buries critical facts . . . and the public good is ignored and damaged," Russ Herman, president of the Association of Trial Lawyers of America, said Wednesday at a conference on secrecy sponsored by his group.
Information discovered during product liability litigation "ought to be made available to the public so the danger isn't repeated over and over again," he said.
In many instances that includes "documents and decisions involving unsafe products, dangerous drugs, toxic wastes - all with potentially devastating effect on people unaware of the danger," said Paul McMasters, deputy editorial director of USA Today.
McMaster heads the freedom of information committee of the Society of Professional Journalists, cosponsor of the conference.
Protective orders, confidentiality agreements or court sealing of files in product liability cases prohibit lawsuit participants from distributing any of the information obtained, limit what can be shared with others not involved in the lawsuit or make all records in a case unavailable.
One corporate defense attorney said that opening court records could violate privacy by revealing sensitive information about businesses or individuals.
"If you can summons my medical records from my doctor, my diary from my psychiatrist or records of design from a company . . . privacy goes out the window," said James Morris, a Virginia lawyer.
"For children, keeping secrets is a game . . . but for public health and safety secrets can be nasty," said Devra Davis, a toxicologist at the National Academy of Sciences.
Davis said that in January 1983, she suffered a nearly fatal allergic reaction to the prescription painkiller Zomax, which was eventually withdrawn from the market by its manufacturer.
Later, she said, she discovered the manufacturer, doctors and other patients had known of the possible severe reaction but the information was not available because of secrecy agreements obtained in product liability case settlements by McNeil Pharmaceutical, the drug manufacturer.
by CNB