Deep pockets
The recent decision in the Vioxx case in Texas reveals a fundamental flaw in the trial-by-jury system. That system is supposed to protect the rights of the defendant; but, apparently, in civil cases, the plaintiff has the choice of judge or jury.
This is not the way I read the Constitution. However, I realize that I, as a mere voter, have no standing to question the way the Liberal courts run things.
What we need is to outlaw the 'doctrine of the deep pocket', according to which a company or individual is judged responsible and liable because of financial status.
Every juror that I saw interviewed after that decision said the same thing, "We wanted to send a message.". In fact they did. The message sent was that the jury in that case was totally biased from the start; and that the case was NOT judged on the evidence! It was decided the moment the last juror was chosen. Merck did not have even a tiny chance of a fair trial in that case, because they were 'Big Business' and the plaintiff and the jurors were anti-business.
The 'victim' had suffered from heart trouble for some time; and was on borrowed time; but the anti-business jury never looked at that. In fact, they had their minds made up before they ever entered the courtroom.
Personally, I hope that the decision is overturned on appeal; and the plaintiff and her ambulance-chasing shyster lawyers never get a penny.
Posted: Thursday 1st September 2005, 10:02 AM
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