PR WATCH– On October 23, 2009, Harrison “Harry” Kothari celebrated his second birthday by blowing out candles on a cake decorated with a giant airplane. At age two, Harry could ride a tricycle, stack blocks, and say words like “mama,” “airplane,” and “thank you.” A month earlier, surgeons at a Houston hospital had removed a benign cyst from Harrison’s head without problems. In follow-up visits, nurses drained cerebrospinal fluid to test for infection, and following normal protocol, wiped the area around the drain with what they assumed were sterile alcohol wipes. On December 1, Harry was dead, his tiny brain swollen by a Bacillus cereus infection apparently caused by contaminated alcohol wipes.
According to the Milwaukee Journal Sentinel, the wipes were produced by the Hartland, Wisconsin corporation Triad Group and its manufacturing subsidiary, H&P. Employees had long complained of hygiene and safety problems; one former quality control inspector told the newspaper that “we were told to keep things running at all costs,” and after one employee cut her finger when packing alcohol wipe packets, the wipes were nonetheless shipped with blood inside and outside the box. And for years, the Food and Drug Administration FDA) –- the regulatory agency tasked with protecting public health — had noted sanitation and manufacturing problems at the plant, but did not take serious action until it was too late.
Harry’s family has sued Triad for killing their baby boy with its negligence. Triad states its products met FDA regulations. Under a bill promoted by the American Legislative Exchange Council (ALEC), the Regulatory Compliance Congruity with Liability Act, Triad’s “regulatory compliance” might be enough to absolve Triad from any and all responsibility to Harry’s family.
The Regulatory Compliance Congruity with Liability Act is part of a set of “tort reform” bills from ALEC that limit corporate responsibility at the expense of average Americans. ALEC, the corporate-funded national organization that lets Big Business hand state legislators “model bills” to introduce in their state, has been pushing “tort reform” since about 1986, with the support of Big Tobacco, the insurance industry, and other major corporations.
Read more about ALEC and “Tort Reform”
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