CORPORATE CRIME REPORTER

Gerry Goldhaber, The Warnings Doctor • Mar 11, 2020

I was honored to have been featured recently in the "Corporate Crime Reporter", a weekly newsletter in Washington, D.C. Below is the the soundcloud preview and written introduction to my recent interview with Russell Mokhiber, editor of the publication.

You may stream the preview:

The written introduction is included below.

Murder Inc.: How Unregulated Industry Kills or Injures Thousands of Americans Every Year... and What You Can Do About It will be available March 18, 2020 everywhere books are sold.


GERALD GOLDHABER ON HOW UNREGULATED INSTURY KILLS OR INJURES THOUSANDS OF AMERICAN EVERY YEAR


Gerald Goldhaber calls himself the warnings doctor.

Not the warnings nanny — the warnings doctor.

"I'm not the warnings nanny," Goldhaber told Corporate Crime Reporter in an interview last week. "I'm the warnings doctor. I'm not here to say — do this and don't do that. I'm here to say — do whatever you want, it's America. But do it with informed choice. Be an informed consumer. And unfortunately, we are not there yet. You have a corrupt government agency system under a President who is deregulating everything in sight. And as a result, companies are given a free ticket to keep it going. I'm telling industry — if you tell the truth, the customers will not flock away. They will stay with you. They may even respect you. And you will save over $1 trillion a year. That's the cost of litigating product liability cases. And almost all of them have a failure to warn claim. Those claims would be hard to litigate if you told the truth."

Goldhaber is the author of a new book titles — Murder Inc.: How Unregulated Industry Kills or Injures Thousands of Americans Every Year –And What You Can Do About It.

"We're exposed on a daily basis to life-threatening hazards of which we're often unaware," Goldhaber writes. "From defective airbags that can explode and kill us to poisonous additives in food, we're often the unknowing victims of corporate malfeasance and shamefully incompetent government oversight."

In the book, Goldhaber examines the outcomes when corporate profits trump public safety. He uncovers the history of government regulatory agencies leaders who come and go from the same industries they're asked to regulate.

"And while our modern conveniences make life easier and more enjoyable than previous generations, we also face new dangers of the digital age. The hacking of autonomous cars, misuse of private information collected by smart devices, and renegade programming glitches in smart homes and offices are just a few scenarios confronting us in the near future. The companies who produce these innovations need to ensure they're fail-safe, or face hefty lawsuits if and when things go wrong."

"Principal disclosure of hidden hazards is an industry — and regulatory — neccessity. We can only make informed choices and avoid needless injury and death when we know all the facts."

As an expert witness in product liability cases, Goldhaber sees how the system forces settlements instead of allowing plaintiffs to take cases to trial.

"I have been involved in many cases — and I'm involved in some cases now — where I have argued — this is crazy to settle this case," Goldhaber said.

"The facts are strong. Both sides want to settle as fast as they can. I often joke with other expert witnesses in the field — we are not expert witnesses. We are settlement experts. One side is trying to get the price up, the other side is trying to get the price down. We are being used as mediation settlement experts. It is rare that we get to trial."

Can you give us specific examples where this is happening?

"Settlements are done secretly. Nobody tells me how much money was involved in settling cases because of the non disclosure agreements. But when I hear that there is a settlement, I get nervous. I'm an expert whose opinions are backed by science. I go to court and give those opinions."

"Both sides can't trust the jury. It's the runaway jury idea. We don't know what the jury will do so we might as well play it safe. The statistics don't lie — 97.5 percent of all products cases settle. It's two in a hundred that actually go trial."

Do you have any remorse for participating in such a system?

"The reason I wrote the book is to help make things safer for people so they don't get injured or killed. When I leave a defense case, I tell my clients — you dodged a bullet here. Let's make it better. The standard is adequacy of warning, not excellence. I've told every single client — can we make it better? So, no I don't regret it. I'm trying to make it better."

"In writing this book, I'm not trying to tell every company to close shop. I'm telling them — make it better."

You have described a reactive system. What's a better system other than a reactive system?

"A proactive system. Anticipating ahead of time. Let's change it from reacting to lawsuits to preventing lawsuits. People sue because they get hurt or their families get killed. We are doing a much better job in making safer products than we did fifty years ago. But let's tell people what the risks are proactively."

"Coincidentally, the Institute of Electrical and Electronics Engineers (IEEE) has formed an initiative to encourage companies to anticipate hazards before they manufacture products. I met the guy in charge of this in a diner outside of Ralph Nadre's Tort Museum in Winsted, Connecticut. We stopped in thei greasy spoon to have breakfast, and there was nobody in there except this other guy from the IEEE, who was also visiting the Tort Museum."

Where has a proactive model worked?

"Daikin. The world's first or second largest commercial air conditioning manufacturers from Japan. They wanted to come into the United States. Their lawyer was an American lawyer who heard about me. They asked me to come in. The Japanese executive came here and they didn't understand the culture of lawsuits and litigation. The Japanese didn't think they could ever get sued. I simply said the way Tom Hanks said it in the movie Philadelphia — how can I get hurt? Tell me as a sixth grader, how can I get hurt or killed by this product? And who is at risk?"

"We identified who is at risk — the person who installs or maintains these air conditioners. That person can get electrocuted or scalded or they can lose a finger. We figured out where and how to warn. We tested the warnings. We put the warnings on. And they have not been sued at all. I can't guarantee they won't get sued. But as of this interview, they have not been sued."

By Gerald Goldhaber 07 May, 2024
Last month, the Environmental Protection Agency (EPA) finalized strict limits on PFAS, so-called “forever chemicals”, in drinking water that will require utilities to reduce them to the lowest level they can be reliably measured. Officials say this will reduce exposure for 100 million people and help prevent thousands of illnesses, including cancers.
By Gerald Goldhaber 16 Apr, 2024
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If you are like most Americans suffering through this nasty, snow and ice-driven extremely cold winter, you probably have dreams of flying somewhere warm to lounge on the beach while sipping margaritas (that's my tribute to the late Jimmy Buffett ). If you can afford the time and money to fly away to your dream winter holiday in the sun, you may still be worrying if your flight to paradise is safe. And worry you should, especially if you are booked on a Boeing 737 Max 9 aircraft.
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Imagine a group of 10-year olds sitting in a darkened room, with a bunch of their "friends" engaged in a discussion about whom to kill while playing a game of Russian Roulette. This is NOT a pretend game. Virtual reality goggles are marketed to children as young as ten years old. These goggles and other smart toys are listed in the 38th edition of Trouble in Toyland, the annual listing of holiday toys that pose hazards for children, released by the Massachusetts chapter of the Public Interest Research Group (PIRG) If you have doubts about the safety of such "hi-tech" toys, last month, an 11-year-old girl was kidnapped by a man she encountered while playing a game online. Fortunately, she was found safe a short time later, about 135 miles away from her home. The game, Roblox, is one of the most popular mobile games this year.
By Gerald Goldhaber 08 Nov, 2023
Last month in this newsletter, I wrote about several of our favorite foods that, while they are legally sold in the U.S., despite known health issues associated with them, have been banned throughout Europe, Canada and other developed nations, including Australia, Japan and New Zealand. One of the chemicals I wrote about was Brominated Vegetable Oil or BVO whose main ingredient, Bromine, the element found in brominated flame retardants, can build up in the body and potentially lead to memory loss, as well as skin and nerve problems. BVO is most commonly found in smaller grocery store brands and regional beverages, including some Food Lion-brand sodas, some Walmart branded Great Value-brand sodas, and Sun Drop citrus soda, manufactured by the makers of Dr. Pepper. It keeps the citrus flavoring in fruit-flavored beverages from floating to the top of the drink.
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1. Skittles. Mars Co , manufacturer of Skittles, was named in a class action lawsuit filed in California last year claiming that Skittles contains titanium dioxide, used by Mars to make its Skittles look brighter and more colorful, while at the same time causing irritation to the eyes, nose and throat and, more seriously, having the potential for causing reproductive damage in humans. The European Union, which has banned Skittles, claims that titanium dioxide may also be a human carcinogen. 2. Mountain Dew & Fresca . Americans who “do the Dew” might be surprised to learn the product contains brominated vegetable oil. BVO is banned in Japan and the European Union because it contains bromine, the element found in brominated flame retardants, which can build up in the body and potentially lead to memory loss, as well as skin and nerve problems. The grapefruit-flavored soda, Fresca, also contains the ingredient. 3. Kraft Stove Top Stuffing . Kraft Stove Top stuffing might make weeknight dinners easier, but it also contains the same BHT discussed earlier and found in American breakfast cereals, including Honey Bunches of Oats and even the popular Wheat Thins, as well as BHA, which as we have already seen, at high doses causes cancer in rats, mice and hamsters, thus resulting in bans in the EU, Japan and elsewhere. 4. Little Debbie Swiss Rolls. Products in the European Union containing Yellow 5 and Red 40 carry warnings that they cause adverse effects in children, but you won’t find that warning on a box of Little Debbie Swiss Rolls in the U.S. Norway and Austria have banned the snack cakes outright. Some cereals, such as Lucky Charms, also use Yellow 5, Yellow 6 and Red 40, despite being known to cause itching and hives for some. 5. Ritz Crackers and Coffee-mate. Trans fats were officially banned in the U.S. in 2018; however, some trans fats such as partially hydrogenated soybean and cottonseed oils can still be found in popular products such as Ritz Crackers, Coffee-mate creamers and even those buttery Pillsbury Biscuits. These ingredients are also banned in Switzerland, Austria, Hungary, Iceland, Norway and Denmark. I could go on but you get the picture. As the Warnings Doctor, my advice to you is the same advice I got from my Jewish grandmother: "If it's from the farm, it's probably great for you, but if it's from a factory, not so great!"
By Gerald Goldhaber 05 Sep, 2023
What are PFAS? PFAS are a group of manmade chemicals used in a vast number of consumer and industrial products. They’re often referred to as “forever chemicals,” because most don’t break down. PFAS stands for per-and polyfluoroalkyl substances, which contain a strong carbon-fluorine bond that allows them to accumulate over time in the environment and in the bodies of animals and people, posing health risks. PFAS chemicals might also be thought of as “everywhere chemicals,” since they’ve become so common in the products we use every day.
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