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ACTION ALERT Sen. Frist is attacking from the REAR (S. 2061)

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Ladies & Gentlemen:

Sen Frist is up to his old tricks again. The Senate will be

considering S. 2061 (the so-called " Healthy Mothers and Healthy Babies

Access to Care Act of 2003 " ) on Tuesday, 2/24/2004. This bill has the

potential of adversely effecting the ongoing " autism/vaccine " litigation.

Although it is not a direct frontal assault on our community, it is

certainly another sneak attack from the rear. That seems to be Sen Frist's

customary assault position these days.

To be brief, this bill could affect a families ability to hold

Rhogam Manufacturers liable if it turns out that they are culpable

defendants in a civil court at some time in the future. If S. 2061 passes,

that option will be forever closed and, that is a darn shame that some

Senator's think so little of the civil justice system and the citizens who

serve on juries. Additionally, Section 8 of S. 2061 would have a negative

impact on a families ability to pursue other remedies or avenues of justice

for a vaccine injury in a variety of ways that are set out in that section

which is titled " EFFECT ON OTHER LAWS.--(a) GENERAL VACCINE INJURY- " .

Additionally, Section 6 would limit a families ability to obtain punitive

damages in the civil arena since that section states that " No punitive

damages may be awarded against the manufacturer.if the product or device

complies with FDA standards. As we all know, the FDA standards are a joke

and this section is illusory.

There are a number of other problems with s. 2061, but I don't have

time to mention them all since action is required now to protect our basic

rights and preserve a fair shot at justice and the truth, not to mention the

ability to hold wrongdoers responsible. Suffice to say, S. 2061 is a BAD

BILL.

You can find the S. 2061 0n the website

http://thomas.loc.gov/ by simply typing in " S2061 " in the 108th bill number

box. You can find your Senator's fax and e-mail addresses on Google or,

simply go to the Senate directory at

http://www.senate.gov/general/contact_information/senators_cfm.cfm or by

going to http://action.peopleoverprofits.org/legDirectory/ .

Please, Please, Please contact your two US Senators via e-mail

and/or fax, over the weekend (via e-mail) and by phone and/or fax on Monday

& Tuesday--all day--to voice your concerns.

A sample letter is attached below so that you may use it as you see

fit. Please feel free to personalize the letter, but keep it brief. Also,

feel free to circulate this message far and wide.

Thank you--off to DC, again.

JZS

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

~~~~~

Dear Senator XXXXXXXX

{ADDRESS & FAX #)

RE: S. 2061 -- Don't Take Away My Rights!

I strongly urge you--Don't take away the rights of women and their

babies who are victims of medical malpractice. I trust juries to make the

right decisions rather than trusting an ill-conceived, one-size-fits-all

solution from Washington. Again, I urge you to oppose S. 2061.

Arbitrary caps and other limits on the rights of those injured by

medical products and medical malpractice haven't reduced doctors' rates

anywhere, and the cap in this bill is especially harmful to woman and

children.

S. 2061 would also make it much harder to hold drug companies and

the makers of medical devices accountable, and make it harder to prove

malpractice by restricting victims' rights to call witnesses.

This bill would shield drug companies, and incompetent health care

providers from accountability. Less accountability will never lead to

better healthcare.

Don't limit patients' rights. It won't help doctors, but it will

hurt families, who are your constituents.

Thank you.

[NAME]

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

~~~~~~~~~

My best.

Peacefully,

Jeff Sell

& Sell, L.L.P.

4309 Yoakum Boulevard

2nd Floor

Houston, Texas 77006

713-874-6444

713-874-6445 (fax)

832-731-3145 (cell)

" Of Counsel "

& Associates

3400 Penthouse Suite

One Center

713-654-7799

713-654-7814 (fax)

JZSell@...

www.JZSLAW.com

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

" This e-mail may contain confidential information. Any unauthorized or

improper disclosure, copying, distribution, or use of the contents of this

e-mail and/or the attached document(s) is prohibited. The information

contained in this e-mail and/or the attached document(s) is intended only

for the personal and confidential use of the recipient(s) named above. If

you have received this communication in error, please notify the sender

immediately by e-mail and delete the original e-mail and attached

document(s).

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

~~~~~~~~~~~~~~~~~~~~~

TODAY ON THE SENATE FLOOR:

S. 2061--

A motion was entered to close further debate on the motion to

proceed to consideration of the bill and, in accordance with the provisions

of Rule XXII of the Standing Rules of the Senate, a vote on cloture will

occur at 5 p.m., on Tuesday, February 24, 2004.

Cloture Motion Signatories: Bill Frist, Judd Gregg, Kay

Hutchison, Murkowski, , Dole, B. Enzi,

Inhofe, Ensign, Craig , Cornyn, Pat , Sam

Brownback, Orrin Hatch, Chuck Grassley, Mitch McConnell, Jon Kyl.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

~~~~~~~~~~~~~~~~~~~~~~~

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