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.

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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.

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42 p.

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