Mr. President, I rise in opposition to Gregg amendment No. 3672. This amendment irresponsibly strips $15 million in funding for an asparagus market loss program to help asparagus producers who have lost a significant amount of their market…
Mr. President, I rise in opposition to Gregg amendment No. 3672.
This amendment irresponsibly strips $15 million in funding for an asparagus market loss program to help asparagus producers who have lost a significant amount of their market share because of the Andean Trade Preference Act.
Thanks to the great work of Senator Stabenow, along with Senators Harkin and Chambliss, the Senate Ag Committee approved this important funding to help assist asparagus producers in California, Michigan, and Washington who have lost significant market share as a result of the Andean Trade Preference Act.
The U.S. asparagus industry was and continues to be hurt by the Andean Trade Preference Act's, ATPA, extended duty-free status to imports of fresh Peruvian asparagus. The ATPA eliminated U.S. tariffs on Peruvian asparagus imports beginning in 1990.
Unlike most free-trade agreements, the ATPA provided no transition period to allow domestic asparagus producers to prepare or adapt to a market that would be flooded with an unlimited quantity of zero tariff asparagus from Peru.
Following the enactment of ATPA, imports of processed asparagus products surged 2400 percent from 500,000 pounds in 1990 to over 12 million pounds in 2006.
As a result, domestic asparagus acreage has dropped 54 percent from 90,000 acres in 1991 to under 49,000 acres today.
Michigan has lost 20 percent of its asparagus acreage.
Washington State's asparagus acreage decreased from 31,000 acres in 1991 to 9,300 acres in 2006, and producers in the State have seen the value of their crop drop from $200 million in 1990 to $75 million today.
And farmers in my State of California have lost nearly half of their asparagus acreage since 1990, dropping from 36,000 acres before the ATPA, to 22,500 acres today.
Many of my colleagues may be asking what the market loss program will provide to asparagus producers. This asparagus program is modeled after a 2002 program for onion and apple producers that provided $94 million in assistance when the apple and onion markets were flooded with cheap Chinese imports.
Market loss funds will be used to offset costs to domestic asparagus producers to plant new acreage and invest in more efficient planting and harvesting equipment.
I find it particularly interesting that Senator Gregg has put forward an antimarket loss program amendment that would help farmers in my State. As a result of the 2002 farm bill, apple producers in his State of New Hampshire received more than $1 million in assistance.
Where was Senator Gregg and his amendment to strike when the Senate approved a market loss program for apple and onion producers as part of the 2002 farm bill?
I urge the Senate to reject this amendment.
The amount in funding for the market loss program is a small percentage of the losses incurred as a result of the ATPA and will go a long way toward maintaining domestic asparagus production and helping our producers who have lost thousands of acres.
Mr. President, I ask unanimous consent to have 10 minutes from the opposition's time.
Mr. President, I was listening to this debate and was looking forward to these amendments on the farm bill, and all of a sudden I am hearing about pregnant women, and having babies, and suing doctors, and I am thinking: What bill are we on? Why on Earth do we have an attack on women in this farm bill? And it is an attack on women in rural areas when you say we are going to have tort reform and we are aiming it at the women in rural America because we don't like the fact that they may sue if there is malpractice.
Men often say, well, they are doing things to help women. Watch out when that happens. Men come to this floor and say: Oh, we are going to take care of the women. This doesn't take care of women. This puts them at risk. And they say: Oh, many more doctors will come to work in the rural areas if we limit liability.
But look at Texas. What my friend from Colorado mentioned about Texas is untrue. We have the statistics. There are no more doctors in rural Texas after they passed this bill. What has happened is that women have had their rights taken away from them.
Now, again, my friends on the Republican side couch this as an attack on the trial lawyers. Oh, the trial lawyers are evil, and all that. Watch out when people say lawyers are evil because when they are in trouble, the first thing they do is call the best lawyer in town. I have seen it myself, right here in the Senate. So watch out when you see a blanket attack on all lawyers. I have to tell you, when a Member on the other side gets in trouble, the first thing they do is call the best lawyer in town, but they want to take away the rights of women to sue in a tragic situation.
There are numerous examples that I can talk about, but one example came to my attention for these purposes, just to show people on both sides of the aisle some of the terrible things that do happen in these childbirths.
I am a grandmother, twice, and I have to tell you that in both cases--and even when I became a mom, twice--all very difficult; premature births, problems, long labors, concerns, breach babies. These are hard and difficult things. And OB/GYNs are my heroes. They are my heroes. Doctors are my heroes. But doctors make, sometimes, terrible errors, and they have to be held accountable or they will just go on and do it again and again.
Now, why would we, on a farm bill, attack the women of rural America and take away their rights? Let's talk about this particular case of Donna Harnett. She happened to be in Chicago. Her doctor decided her labor was not progressing quickly enough, so he prescribed a drug to help induce more contractions. Later, when her labor was not progressing, her doctor broke her water, found it was abnormal, and rather than consider a C-section, the doctor decided to continue to administer the drugs in hopes that the labor would progress.
Six hours later she had not delivered. Her son's fetal monitoring system began alarming, indicating the baby was in serious respiratory distress. The doctor finally decided, after all those hours, it was time to perform an emergency C-section, but it was another hour before Donna was taken into the operating room. During that time, the doctor failed to administer oxygen or an IV to help the baby breathe. After the baby was born, he remained in intensive care for 3 weeks, and she later learned he had suffered substantial brain damage and cerebral palsy as a direct result of the doctor's failure to respond to indications of serious oxygen deprivation and delivery in a timely manner.
In addition to all that, her doctor told her not to have any more children because she had a problem with her DNA, indicating the fact that the child was disabled was in her DNA. And, he said: Any of your future children would similarly have mental and physical disabilities.
Clearly, he was protecting himself in that situation and putting the blame on her. Since then, Donna has given birth to three healthy sons.
She sued the doctor responsible for Martin's delivery, and she received a settlement. That settlement is helping her cover the costs associated with Martin's care that are not covered by health insurance, such as the used wheelchair-accessible van she purchased for $50,000 and the $100,000 she spent renovating her home to make it accessible for her loving son. Martin is now 11. He will be at risk for health complications, including a terrifying incident in August when he almost bled to death because his trachea tube had rubbed a hole through an artery. But he survived, and he is able to laugh and to love and to attend school in his community.
Now, how would she be able to afford to take care of Martin if she wasn't able to have justice? Donna said:
If there had been caps on the recovery system when my son
was injured, it would have torn our family apart and Martin
would be in an institution. Instead, he is able to live at
home with us where we can take care of him and make sure he
is happy.
Why on Earth do Senators in this body want to tell a woman like that: Too bad, no help, sorry. It is wrong. I have seen it in my own State. It is wrong. It tears families apart. Everyone here says: Oh, we are so family friendly. We have family values. Well, I would like to think we have family values that extend to a woman such as
Donna, to a mother such as Donna, to a loving family such as her family, who, yes, wanted to buy a van so it was possible for her to take her son in and to give her son a decent life.
You know, I don't want to be a party to a Senate that would tell a woman such as Donna that she is just going to have to suffer for the mistakes of a physician. And let me be clear: I am a fan of physicians. I trust doctors. But, yes, they make mistakes. And when they make mistakes, they have to be held accountable, just as we all do if we are driving and we make a mistake. To put a cap on this and tell a woman such as Donna: Sorry, your son is your problem, when, in fact, the problem was created by medical malpractice, is an outrage--an outrage.
Anyone who votes for this amendment is saying to the women in rural America: You don't matter. So they can couch it as an attack on trial lawyers, they can do that all they want, but it is about the woman, the mom, who has been mistreated in this fashion.
If we want to deal with issues such as malpractice insurance, count me in. If we want to make sure some made-up case is thrown out of court, I am with you. And, by the way, there are already laws to cover that. But don't come here and say how wonderful you are being to the women of rural America by imposing a cap on what they could collect when they are damaged, when they are made sterile by a mistake, when a child gets brain damage because of a mistake, because of a mixup. That is not right.
And don't say: Oh, it is worth doing because you will get more doctors to come into rural America. It isn't happening. The Texas statistics are there, and I will share them with you. In 2003, when Texas passed its law, 152 Texas counties had no obstetrician. Today, 4 years after passage, the number hasn't budged, with 102 Texas counties having no obstetrician. The fact that some rural counties lack OB/GYNs is not a function of malpractice premiums. It is a function of population. The doctors practice where the patients are. So anyone who stands up here and says: Oh, this is great because so many more doctors will come into rural America, the facts don't show that.
I can tell you because now that I am of the age of a grandmother, where I see so many of these births with my friends' kids, I can tell you that these births are complicated. We want the best people taking care of our women, whether they are in rural America or urban America or wherever they are. And if there is a tragic mistake, such as the one I related to you--a doctor just ignoring what is happening to the patient, refusing to do a cesarean, depriving the child of oxygen, and then turning around and telling the mother: Oh, it is your fault, it is in your DNA, it wasn't anything I did--and then going and telling a jury, well, even if you find in favor of this woman, you cap what she can get--You are consigning that family to a life of tragedy, because the mother in the case I talked about wouldn't be able to have the people in her home to help her with her son. And she had three other healthy babies. How dare that physician try to pin his malpractice on her, tell her she better not have any more kids. She had three more healthy kids.
So I stand here, Mr. President, as a Senator but also as a mom, having had two extremely difficult births, where the doctors I had, the same practice for both my kids, were wise, they were strong, they were smart, and they handled it right. Having seen my own family experience difficult births, I can tell you that you want the best handling it. You don't want to put a cap on damages so that people who are less than the best can go into this area and think: Well, I am protected. If I make 10 mistakes, I can afford it because there is a cap on it. So big deal. Disaster.
And to do this on the farm bill, it borders on the humorous, if it wasn't so serious. Maybe we want to have an amendment about birthing calves on the farm bill or something like that. But what are we doing here? Taking an amendment that doesn't belong here and saying rural women are going to be picked on. That is what they are doing. I am just in disbelief that this is even before us. I hope we have a very strong ``no'' vote and put this baby to bed, because this comes up again and again.
As I say, in my own State, I have met with parents who are just at their wits' end because of this travesty and they have a one-size-fits- all cap. I have met with parents whose child was born, there was malpractice, and the child is blind, the child is deaf, the child is sitting in a wheelchair. The mother and the father love that child. They are driven into poverty because the insurance will cover just so much.
We say we are for families? How can we say we are for families and mean it and then tell the women of rural America: Too bad, you cannot get what you deserve if a doctor makes a tragic--indeed, an unbelievably tragic--mistake. You have to care for a child for the rest of that child's life in the most loving way you can, but we are going to put a cap on what you are going to be able to spend on that child.
This is not the America I know. This is not a farm bill that should be turned into tort reform, some ideological quest by some of our colleagues. This is not an attack on lawyers; this is an attack on women.
I thank you for the opportunity to speak against this amendment, and I am looking forward to voting against it.
I yield the floor and suggest the absence of a quorum and ask unanimous consent that the time be equally divided until we go to the next speaker.