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Sensenbrenner and Delay Should Stop the Blame Game and Help the Victims of the Hurricane

(Wednesday, September 14, 2005) - In an attempt to score political points and distract attention from the government's failure to properly react to Hurricane Katrina, U.S. Rep. James Sensenbrenner (R-WI) introduced—and the U.S. House today passed—unnecessary and duplicative legislation that would effectively scare volunteers from participating in relief efforts.

The Sensenbrenner legislation was rushed to the House floor without hearings or committee debate to solve a problem that does not exist. The underlying assumption behind the bill - that people are being discouraged from volunteering because they fear getting sued—isn't backed up by the facts. A similar, baseless claim was made by U.S. Rep. Deborah Pryce (R-OH) last week on National Public Radio.

"We have witnessed an unprecedented outpouring of support for the victims of Hurricane Katrina, but Sensenbrenner's scare tactics could deter people from volunteering to help the hundreds of thousands of people who have lost their homes, jobs and family members," said Ken Suggs, President of the Association of Trial Lawyers of America (ATLA)

The bill's purported purpose is already covered by current law. In 1997, President Clinton signed into law the Volunteer Protection Act, an act co-sponsored by Reps. Sensenbrenner and Republican leader Tom DeLay in the House and the late Paul Coverdell in the Senate, which provides immunity for volunteers serving non-profit organizations and government entities.

"Leaders in Washington should be working to help the victims of Hurricane Katrina, not trying to score political points at their expense. This bill is duplicitous, unnecessary and will take precious time away from what should be the top order of business in the U.S. Congress—helping victims of the hurricane piece their lives back together," said Suggs. He also pointed out several other flaws in the bill including the following:

• The bill has nothing to do with protecting volunteers - who are already protected - but rather gives sweeping immunity to any entity from being held accountable for negligent or even grossly negligent behavior. An entity, which is not defined anywhere in the bill, would broadly include hospitals, nursing homes, commercial airlines, stadium authorities, bus companies, corporations, manufacturers, and many others. If a nursing home resident evacuated from New Orleans to a nursing home in a neighboring state dies of untreated, infected pressure sores, the out-of-state nursing home would be protected.
  
  More examples of egregious conduct Congress' bill could protect.
  
  
• No period of time is established for the duration of the immunity protections. Should a drug company that gives contaminated medicine to hurricane evacuees a year from now be immune? Should a construction company that donates damaged lumber to a rebuilding effort three years from now be immune if the building collapses? Should a shelter administrator who allows a sex offender access to children 6 months from now be given immunity?

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As the world's largest trial bar, ATLA promotes justice and fairness for injured persons, defends the constitutional right to trial by jury, and strengthens the civil justice system through education and disclosure of information critical to public health and safety. With 60,000 members worldwide, ATLA provides lawyers with the information and professional assistance they need to serve clients successfully and protect the democratic values of the civil justice system.