On the recordMay 12, 2014
today I am pleased to introduce the Safety over Secrecy Act, which prohibits courts from enforcing confidentiality agreements in the settlement of civil suits involving hazards to public health and safety. This bill will ensure that plaintiffs in such suits do not have to remain silent about their experiences as a condition of settling their disputes. While confidentiality agreements can be useful tools to protect sensitive information and trade secrets, too often they are used to hide important safety concerns from regulators, policymakers, the news media, public health experts, and the general public. Over the past 20 years, we have learned of numerous cases where court-approved secrecy has shielded serious public health and safety dangers from the public-- putting hundreds, if not thousands, of lives at risk. These cases have involved hydraulic fracturing, or ``fracking,'' asbestos, defective auto components, and ``adverse incidents'' from drugs. Typically in these cases, victims face large corporations that can spend unlimited amounts of money defending lawsuits and prolonging their resolution. Faced with mounting litigation expenses and medical bills, plaintiffs often seek to settle their suits. In exchange for damages, they are forced to agree to provisions that prohibit them from discussing their cases or revealing information disclosed during litigation. Defendants are thus able to keep damaging information from getting out.…





