We like to believe that good people will speak up for the voiceless and powerless, and we count on government and the media to speak out when unscrupulous corporate profitmongers take advantage of people who can’t fight back. Personal injury lawyers are proud of the role they play in helping the disadvantaged seek justice through the courts, where our contingency fee system facilitates equal representation of rich and poor.

But sometimes no one speaks up.

A case in point is the recent total recall of Viracept, an AIDS drug with widespread distribution in third world countries. The lives of thousands of the globe’s poorest AIDS patients are threatened by medication contaminated with a dangerous chemical . . . but the manufacturer remains silent, there has been little media attention, and no one seems to care about finding safe alternative drugs.

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News of the bridge collapse in Minneapolis and the mine failures in Utah are just the most recent reminders that issues of safety and accountability affect us all. Corporations with a profit motive have often and consistently acted like those profits were more important than the lives of the people we love. This has played itself out in an ominous fashion over the past 10 years as we’ve seen a coordinated effort by corporate interests to limit, or in some cases eliminate, your individual right to a jury trial. During that time those same corporations have made no effort to limit their own access to the courts.

Recently we’ve also seen the case of Melenna Del Valle who was killed in the interstate 90 tunnel collapse in Boston. In that matter the National Transportation Safety Board has just reported that the failure related to the design and materials utilized in the construction. The finding has brought forth a criminal indictment of at least one firm involved in the project. Unfortunately the criminal statute provides for only a $1,000 dollar penalty. I think most would agree that this is insufficient to inspire accountability or a change of heart on the part of a major corporation.

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In the wake of a Florida Supreme Court ruling affirming that Big Tobacco purposely deceived the public about the dangers of smoking, research funded by tobacco companies has, understandably, become suspect. Tobacco-sponsored research outcomes are not merely grist for the rumor mill; Big Tobacco has actually been convicted of using sponsored research to defraud the public.

So what is a reputable university to do, as it scavenges the country for increasingly scarce funding of important research projects?

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Two weeks after their toy recall involving more than 1 million toys worldwide, Mattel is smack dab in the middle of it’s second voluntary recall. This time, the number is even greater, as the recall encompasses 9 million toys, including Polly Pockets, Batman, a “Cars” movie toy and even the venerable Barbie.

This is the second time that Mattel has implemented a voluntary recall based upon internal testing. The acting chairman of the U.S. Consumer Product Safety Commission, Nancy Nord, said, “The company has ordered that all products be pulled off retail shelves.”

Barbie, Batman and Polly Pocket toys utilize small magnets in their design. According to Ms. Nord, ingesting more than one magnet could cause intestinal damage. Mattel is reaching back several years to purchasers to advise them that the magnets are a potential danger and has now changed the way it attaches magnets to its toys to make them safer. The dangers appear to be very similar to those of the Magnetix toy, which was subject to a recall last year, which required surgical intervention to remove swallowed Magnetix parts and caused one death.

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Gilchrist & Soames, the leading supplier of toiletries for hotels announced earlier today that it is recalling tubes of toothpaste, which are commonly provided, free of charge, to guests in many hotels and resorts. The toothpaste, which is made in China, is being recalled after tests showed that it may contain potentially toxic chemicals.

Gilchrist & Soames reported that testing to samples revealed unacceptable levels of diethylene glycol, a chemical found in antifreeze. Ingesting diethylene glycol can result in kidney and liver damage.

In a continuing series of recalls of Chinese products, this toothpaste is made by Ming Fai Enterprises International Co. Ltd. To date, the other recalls involve children’s toys, tires and pet food and call into question both the standards by which products are manufactured in China and the standards established by the United States’ Food and Drug Administration regulating imported goods. The FDA has no reports of any incidents involving Gilchrist & Soames toothpaste in the United States.

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They don’t actually live in Indiana – they live in neighboring Illinois. But 45,000 conservation advocates have signed petitions asking Indiana Governor Mitch Daniels to be a good neighbor and rescind permission granted a BP refinery to dump additional pollutants into their common back yard, Lake Michigan. (http://www.nytimes.com/2007/07/31)

The brouhaha comes after billions of dollars have been spent rehabilitating the Great Lakes, says Cameron Davis, one of the petition drive’s initiators and president of the Alliance for the Great Lakes. “Indiana’s Department of Environmental Management found as many loopholes in the law as they could find, and stretched them to the max to let BP walk through,” he adds (http://www.greatlakes.org/.

If you’re wondering why Indiana government officials would even think of increasing the amount of permissible ammonia and suspended solids dumped into the lake, here’s their story: Governor Daniels and the business community are backing a $3 billion expansion of the refinery because, they say, it will create more than 2,000 jobs.

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Publix Supermarkets will begin offering seven common prescription drugs for free, regardless of the health insurance carrier for the customer. In a move that raises the bar toward more available and affordable health care for all citizens, Publix will provide the following oral medications at no charge: Amoxicillin, Cephalexin, Sulfamethoxazole/Trimethoprim (SMZ-TMP), Ciprofloxacin (excluding ciprofloxacin XR), Penicillin, Ampicillin and Erythromycin (excluding Ery-Tab).

In a joint announcement with Florida Governor Charlie Crist, Publix becomes the first retailer to offer prescription medications at no cost to the consumer. The release stated that fourteen-day supplies of the listed drugs, which are among the most commonly of all prescribed medicatons, will be available every Publix (the chain has stores in five states). The seven selected medications account for approximately half of all prescriptions filled at Publix.

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I was driving to work this morning and heard the tale of a puppy found suffering after someone poured hot oil on him and left him to suffer to death. What sort of low-life does it take to torture an innocent, defenseless, animal? What should the penalty be for this savage, brutal act?

I confess, my wife and I are DINKS (double income no kids). Yes, we are those people who think of their four legged friends as “the kids”. So, I have a particular affinity for dogs and cats that I know some people do not. Dogs in particular give their love and companionship freely. When I come home, my animals are excited to see me and free to express their love and devotion. Their only complaint; where have you been and we missed you.

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Apparently fires have been linked to faulty cruise control systems in a variety of Ford’s vehicles, including: Ford Ranger, Explorer, Taurus, a number of their van models, pick up models, Lincoln Mercury vehicles, and a number of other models.

The model years range from 1992 to 2007; leading one to believe that Ford has known about this problem for sometime. Ford spokesman, Dan Jarvis stated: “Customers remain concerned about the long-term durability of the speed control system and about the safety of their vehicles,” One would imagine that customers would show some concern for racing down the road with flames coming from their engine compartment.

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Florida’s “No Fault” insurance statute is nearing expiration. Should it be renewed; should it be allowed to “sunset”; should it be modified? The Florida legislature has an opportunity to not only take the correct action, but an opportunity to improve on the no fault system altogether.

The controversy about eliminating “No Fault” is interesting. In the early ‘’70’s, when NO FAULT started in our state it was controversial. As it gained in popularity nationwide, Florida adopted it along with most states. The result was compulsory PIP (Personal Injury Protection) and compulsory PD (Property Damage liability)

PIP pays medical expenses (lost wages also) and PD pays for damages to motor vehicles. It should come as no surprise the groups that lobbied heavily for the original passage of compulsory PIP and PD? You guessed it. Medical providers lobbied heavily for PIP to get their bills paid. And who lobbied hot and heavy for PD inclusion? You probably guessed correctly again. The banks and finance companies wanted PD included to protect their collateral (motor vehicles). Although driven by there own business interests, the end result was good for the Florida consumer.

But, there was no special interest group throwing money at including compulsory BI (Bodily Injury liability) coverage. Bodily injury coverage pays damages to injured victims in auto crashes. To this day we do not have any compulsory BI liability coverage in Florida, but most states do.

I think it is clear to any thoughtful person that there should be a continuation of compulsory PIP and PD coverage, currently provided for in the No Fault statute. The legislature has an opportunity to also add compulsory bodily injury protection coverage. The required limits should be at least $10,000 per accident and $20,000 per occurrence. PIP should be increased as well. PIP was $10,000 back in 1972 and certainly medical costs charged to injured victims have since skyrocketed.

The Florida legislature can not only do the right thing by renewing the current No Fault structure; they have an opportunity to actually improve the system for both business and victim interests. I encourage them to step up to the plate and do the right thing.