Oregon Law Review : Vol. 87 No. 2, p.671-712 : Opening Medical Settlements for the Public Good: Why Medical Cases Justify Secrecy in Settlement
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Date
2008
Authors
Meisen-Vehrs, Hannah V.
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon School of Law
Abstract
Part I of this Comment summarizes the arguments for and against
secrecy in settlements, and the particular benefits of secrecy in
medical cases. Part II provides an overview of the Dalkon Shield
cases and focuses primarily on the competing interests of the
claimants, the defendants, and the public. Part III explains how
settled cases can avoid public disclosure in states without sunshine
laws and how sunshine laws alter these procedures. It also examines
some important components of four states’ sunshine laws and then
applies those principles to the Dalkon Shield example to show how
these laws fail to protect privacy in medical cases. Finally, Part IV
proposes three alternative methods of protecting the public from harm
while minimizing the effect on claimants with legitimate privacy
interests.
Description
42 p.