Lessons learned from Biomedical Tissue Services
Posted: Thursday, August 3rd 2006
WHO NEEDS CIVIL LAWSUITS WHEN YOU HAVE GOVERNMENT REGULATIONS? LESSONS LEARNED FROM BIOMEDICAL TISSUE SERVICES.
Michael Mastromarino, the owner of Biomedical Tissue Services, is currently out on $1.5 million bail after pleading not guilty to charges stemming from the illegal harvesting of body parts.
Often tort reform advocates claim there is no need for civil lawsuits because the government’s regulatory process is sufficient oversight for corporations and corporate officers. Let’s look at what was known about Mastromarino prior to his arrest.
He was arrested in July 2000 for being under the influence of drugs and in possession of a hypodermic needle and Demerol. Although he managed to get the criminal charges dropped, his urine later tested positive for cocaine and the painkiller Meperdine and he surrendered his license to practice Dentistry, yes Dentistry, for six months. Later he was caught practicing Dentistry without a license and was suspended for four years.
He then opened Biomedical Tissue Services. In 2002 he sought a license to do business from the state of New York. He was asked on a form if he “had charges sustained of administrative violations of local, state or federal laws, rules and regulations…concerning the provisions of health care.” Mastromarino answered “no.” He was granted a license for Biomedical Tissue Services.
The regulatory scheme failed.
Oddly enough, about the same time, the Los Angeles Times issued a report finding that about one-fifth of our nation’s 256 organ transplant centers don’t meet federal standards. The Centers for Medicare and Medicaid Services has allowed 48 transplant centers to continue to operate despite what the times called “glaring and repeated lapses.”
The regulatory scheme is failing.
When regulatory schemes fail, the only option left to citizens is to go to court. When tort reformers are successful in getting the courthouse doors closed for good, where then will people go for justice? Perhaps, to the corporate complaint department? Or, they can take a number down at the local government regulatory department.
In all seriousness, the civil justice system, without arbitrary caps and limitations, is a vital part of our society. It provides a much needed check on both corporate America and government. We cannot solely rely on government oversight to stop corporations from injuring people and the environment. We must continue to rely on a jury of citizens determining our future.