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WASHINGTON (Map, News) - For plaintiffs lawyer and Democratic presidential candidate John Edwards, 1985 was the year he stood before a jury and channeled the silent pleas of a baby girl born breeched and brain-damaged, thanks to a doctor’s alleged negligence.
“I feel her presence, she’s inside me ... talking to you,” Edwards told the jury of his tiny client, according to The New York Times. The jury came back with a $6.5 million verdict for Edwards’ client, inspiring him to file “at least 20 more similar lawsuits against doctors and hospitals in deliveries gone wrong, winning verdicts and settlements of more than $60 million, typically keeping about a third,” the Times reported.
Edwards’ lucrative performance was but one case from among many in multiple areas of litigation in which plaintiffs lawyers in recent years have found riches by filing lawsuits for individuals or groups claiming personal injury, property damage, or financial loss allegedly caused by some person, agency or company.
Since it’s often impossible for defendants to counter such suits effectively, many quickly settle before trial to “make it go away,” in effect converting the court system into an ATM for out-of-control plaintiffs lawyers.
Opportunities, real and manufactured, for multimillion-dollar suits abound: Asbestos, mold, securities and investments, pharmaceuticals, guns, medical procedures, pensions, tobacco, fast-food insurance, products liability, the environment.
It is a system that produces such outrages as an Illinois attorney who received $16.8 million in a pharmaceutical case settlement, while his clients got only $15 as long as they had their original receipt for the drug at the heart of the suit. Without the receipt, they got nothing.
Overall, the Pacific Research Institute, a conservative think tank, estimates the costs of liability lawsuit abuse exceeded $865 billion last year or nearly $10,000 for every family in America. Litigation costs just for small businesses average more than $150,000 annually, according to the White House.
The medical profession provides numerous illustrations of the costs of out-of-control plaintiffs lawyers. A 2005 University of Michigan Health System study found escalating malpractice premiums led “providers to drop or reduce obstetrical services,” leaving pregnant women hard-pressed to find prenatal care in places as diverse as Florida, Chicago, Nevada, Michigan, New York and the District of Columbia.
In Albany, N.Y., malpractice insurance for OB-GYNs climbed 22 percent in 2004, the local Business Review reported. In Virginia, meanwhile, doctors were shocked when the $23,000 rate of 2002 jumped to $84,000 in 2004, according to a CBS News report.
“The rising cost of liability insurance and the state laws that govern medical malpractice are jeopardizing patient access to care in many states, especially in rural areas,” said a Jan. 2006, Heritage Foundation Backgrounder report, Code Blue: The Case for Serious State Medical Liability Reform.
Often, it’s the specialty fields of health care that are hit hardest.
“One in seven OB-GYNs in the United States has stopped practicing obstetrics because of the medical liability crisis,” according to a recent Doctors for Medical Liability Reform report, aptly titled “The Medical Liability Crisis and the Case of the Disappearing Doctor.”
But the medical field is only one arena in which class action lawsuit abuse is rampant. Aggressive plaintiffs lawyers stand ready to sue wherever deep pockets — corporate or otherwise — can be found.
Things are so out of hand that the legal system has even litigated a $54 million damage claim filed by a District of Columbia administrative law judge against a local dry cleaner that lost his pants.
“In my tenure,” said Sherman Joyce, president of the American Tort Reform Association, “that is the most outrageous case in every respect I’ve ever seen.”
Joyce refers, of course, to the brouhaha involving Judge Roy Pearson, who sued the owners of Custom Cleaners when he claimed they didn’t honor their “Satisfaction Guaranteed” sign by replacing the lost pants. Pearson continued his suit despite the fact the owners offered him thousands of dollars to replace the pants.
And so Americans watch in amazement as the ridiculous lawsuits pile up: A woman sues Starburst Fruit Chews because the fruit chews are, oddly enough, chewy. A couple sues American Airlines because their legs were cramped on the flight to Paris. A Fear Factor viewer sues NBC because he vomited watching contestants eat rats. A Wisconsin student sues the school over stress caused by summer homework.
Where does it end?
Mark Tapscott is the editorial page editor of The Washington Examiner. Cheryl K. Chumley is an independent journalist and researcher.
"Lawyers Gone Wild" is a series of special reports by The Examiner looking at the cost and consequences of class action lawsuit abuse in the United States. Read the latest articles in the series.
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Examiner Reader said:
Greed is a Disability of the Soul (ref. Matthew 4:1-11).
1 agree | 2 disagree
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Examiner Reader said:
(2) Re: Proposed Ledbetter Fair Pay Act (2007). What has and is happening is that for no reason, the proved Legal U.S. Citizens and Legal Immigrants, have been devalued and practically encaged to fight the powerful in a timely manner, then they get labeled with some sort of imposed “disability” without their knowledge and due-process, forced to work at lower salary to manipulate their wages and benefits. At the same time, all so-called “humanitarians” concerned get rewarded: The employers and their cronies get pork-bonuses, and the promoters get more political power-clout in the business, and dirty money-laundry and votes. Uh! The only way to stop these wrongdoings is: Make the promoters and employers to return all the money: Pay back-wages and benefits from the time discrimination started, plus fines, additional repairs for damages to their “persona” and to pay attorney fees. Close their business and put them in jail. Make justice on earth and God will bless you.(end).
142 agree | 120 disagree
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Examiner Reader said:
(1) Re: Proposed Ledbetter Fair Pay Act of 2007. This Act is necessary to protect employees/workers against corruption, including identity-theft and fraud, obstruction of justice, fear of retaliation and intimidation by their employers. These proved discriminatory factors, over the years, have truncated good American workers from achieving up to their full talent and potential, and have been forced to live within lower salary brackets, if not poverty, for themselves and their families. This Act should be applicable to protect only the proved Legal U.S. Citizens and proved Legal Immigrants, who have proved that they have been discriminated and treated like illegal and vice-versa. (cont’d.)
158 agree | 123 disagree
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Examiner Reader said:
I practiced law for 32 years, did a lot of very successful tort work, but never even dreamed of such goings-on. The big change came when the US S. Ct. authorized lawyers to advertise. If you look at the litigation records, you will see that the current situation grew directly out of lawyers advertising for clients. What was a profession, of which I was a very proud and competant member, is now a business, seeking only to blackmail businesses (and individuals) into paying "go away" money. The movement away from elected judges has contributed, as appointed judges get there because the plaintiffs' bar makes hefty campaign contributions. I am ashamed of my own profession, and when asked what I did (I am now 77 and a slumlord), say that "I practiced law--until I grew up."
122 agree | 115 disagree
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Examiner Reader said:
Excellent, If this case is won, many cases on Monopolies under the guise of one company should be able to be heard for fraudulent embezzling financial records! Constipation Energy and BGE, as a start.
172 agree | 163 disagree
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Examiner Reader said:
Next time some toxic chemical is released and innocent people are hurt, we can all expect the chemical companies and the insurance carriers to self-regulate and help the injured, right? I think weighing insurance company profits against those of trial attorneys may show who actually profits here. This is quite an inflammatory article without being a fair representation of reality.
155 agree | 159 disagree
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Revilo said:
We need to change the law to allow defendants to counter-sue the plaintiff's attorneys for mental anguish, suffering and financial loss incurred when, in the judgment of a jury, the suit was unreasonable. Defendants should be entitled to punitive damages as well. Give them a dose of their own medicine and maybe they'll become a bit more circumspect about their irresponsible greedy actions.
110 agree | 109 disagree
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Examiner Reader said:
Insurance industry propaganda - and thinkly veiled at that.
182 agree | 165 disagree
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Examiner Reader said:
The insurance industry is much more powerful than the plaintiff's bar. The insurace industry wants to take away individuals right to a jury. The plaintiff's bar wants to protect it. Are their bad cases? Sure. But lawsuits are expensive and lawyers lose lots of money by filing meritless suits. Prisoners are the only group of people with the time to waste filing frivolous lawsuits. In the end are you going to support those who want to maintain your rights or those that are trying to take them away? The insurance industry is 50 times as evil as plaintiff's lawyers.
168 agree | 153 disagree
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Examiner Reader said:
does it bother you that you wrote this 1000 word piece and added virtually nothing new to your report. its not actually reporting if all you do is read other stories and recycle them into your paper. are there more high paying jobs like yours at this paper? let me know. regards
188 agree | 182 disagree
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Juanita Rodriguez said:
Isn't it interesting that this article uses hurricaine Katrina as a comparison. It's good to see from the comments that not everyone who reads this paper is a gullible lemming. Delaware, the state of one dollar incorporation that it is.
168 agree | 106 disagree
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Examiner Reader said:
What about the cozy relationships between insurance companies and people in positions of political power? Are you really more concerned about the well being of insurance companies and large corporations than you are about the well being of someone who coughs up blood from asbestos exposure or someone who has been living in a FEMA trailer for way too long?
176 agree | 177 disagree
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Examiner Reader said:
You are implying that the reported rise in litigation in Delaware is due to money hungry lawyers. Is it possible that there is an enormous amount of litigation filed in Delaware because the coporations made greed based decisions to incoporate there in the first place?
160 agree | 167 disagree
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Examiner Reader said:
I wonder, did these poor corporations do anything in Delaware that opened themselves up to tort litigation in Delaware? Is it possible, to do their best to avoid paying as much tax as possible and to benefit from favorable corporation law in Delaware, that they decided to create the fiction that they are actually based in Delaware? Now that they are seeing a downside to this, they are suddenly crying foul and saying that Delaware law is out to get them. Give me a break.
205 agree | 172 disagree
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Examiner Reader said:
So, the Examiner, Tapscott and Chumley are siding with insurance companies in disputes involving victims of Katrina? Is it really the whole story that judges are reinterpreting insurance contracts to benefit victims? Isn't it possible that insurance companies are reinterpreting contracts to leave Katrina victims out in the cold and courts are stepping in to make insurance companies pay what they promised?
206 agree | 136 disagree
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Examiner Reader said:
Lose or misplace documents? You mean like the millions of emails Bush and Rove seem to have misplaced?
146 agree | 146 disagree
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Examiner Reader said:
This is why we need a lawyer we can trust in the Whitehouse. Nobody can "loose or missplace" supeonaed documents like the Clintons. Join Norman Hsu & friends, lets vote for the best President money can buy in 2008.
176 agree | 96 disagree
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Luis Gonzalez said:
I suggest that the first lawyers we get rid of are the immigration prosecutors. I've been trying to get my brother-in-law Jose deported for five years, but since he is a gardener for a federal judge they won't do it. I'm never going to get my living room couch back and I'm legal.
178 agree | 140 disagree
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Examiner Reader said:
Start taking courses to make this country smarter than any other, sciences, global warming, solar, clean energy, engineering, computer science, Math and Law Great, for the financial lawyers needed for the corporate end.
175 agree | 129 disagree
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Examiner Reader said:
LAWYERs are the reason that this country is in such a state of disarray.. They sue for everything and establish laws that keep them in business. Lets get rid of 75 percent of this ambulance chasing money hungry sharks and start acting like a decent civilized society again !!!
193 agree | 140 disagree
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Examiner Reader said:
I believe the main goal in these article's pertaining to Lawyers started out as Tax payers funds depleting due to friviolous suits, insurance cos. not complying, high insurance prices, caps on fees and policies, and helping to fix the judiciary system on all levels, Federal, state and County. One article all tax payers can relate, any race, any income, any religion and political party. Good Non Bias, sorry if the comments offend.
184 agree | 241 disagree
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examiner reader said:
i did not realize the examiner became a muck rakeing, one sided forum aimed at injuring the reputation of the many lawyers who work very hard for others' rights. Mencken was a bigot, Hearst a capitalist and the Examiner a sensationalist. does it need this type of shoddy reporting to distribute free papers and attract advertisers? what did lawyers do to it?
161 agree | 142 disagree
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Examiner Reader said:
If terrorists started exterminating ambulance chasing tgrial lawyers and crooked judges, millions would cheer them on. Of course in Louisiana it would take a long time as LSU and Tulane produce lawyers like rabbits.
183 agree | 141 disagree
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Examiner Reader said:
I quit practicing medicine because some poor person at the clinic where I worked for free and his high priced lawyer sued me. It ended up costing me $280,000 and 3 years of court. If a new patient comes in who is a lawyer I tell them to go elsewhere. I also quit volunteering my time at the free clinic. Screw the poor. They ar e just out for themselves. Am I bitter? You bet and frankly my dear I don't give a damn.
124 agree | 121 disagree
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Examiner Reader said:
It is called the DEMOCRAT Party. NOT the Democratic party. There is nothing democratic about the DEMOCRAT party. It is a party controlled by special interests and us poor peons have to put up with the crap they sell us. At least we know the Republicans are up to no good but the Democrats are selling out to big business while pretending to be for the little guy. Which is worse????
166 agree | 152 disagree
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Examiner Reader said:
And the Pacific Research Institute has also sided with voting machine coporations and fought against paper trails for voters. They are clearly a "research" firm that pursues agendas.
115 agree | 293 disagree
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Examiner Reader said:
Another gem. The Pacific Research Institute is used for statistics. While it is correctly identified in the article as conservative, it is also not very reliable. It supports "research" that denies global warming. Also was implicated in the wrongdoing of the tobacco companies. Independent eyes have looked at their litigation research and criticized them for making false claims and exaggerating the costs of the tort system.
238 agree | 147 disagree
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Examiner Reader said:
Oh boy. And it turns out Mr. Tapscott, the other writer is a fellow at the conservative Heritage Foundation. Nothing wrong with these opinion pieces, as long as they are clearly identified as opinion. And, unless you want to be labeled as a "such and such" publication, you might want to consider that there are probably more sides to the story. Again, shame.
193 agree | 245 disagree
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Examiner Reader said:
I just Googled Cheryl Chumley, one of the authors of this article. She is described above as an "independent journalist and researcher". Well, journalist might be stretching it a bit. She has written often for Christian Right groups and seems to only do opinion pieces. Examples: anti-United Nations, anti-Kyoto protocol, anti-forest conservation, anti-hate crimes law. It seems she makes a career of this opinion-masquerading-as-fact "journalism". Shame on you Examiner. We are not stupid.
153 agree | 277 disagree
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Examiner Reader said:
I can't believe this, but I am going to point to the Sun for balance. They have an article today that makes it look like there is another side to this story. Do the writers and editors for this "Special Report" also work for Saturday Night Live?
231 agree | 271 disagree
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Examiner Reader said:
Lawyers are worse then Car salesmen, at least there a lemon law, Esquires they will sell anything to anyone at any price with out a lemon law or warranty.
232 agree | 130 disagree
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Examiner Reader said:
This is entirely slanted and one-sided. It reads much like the propaganda insurance companies regularly put out.
177 agree | 140 disagree
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Examiner Reader said:
I know of two lawsuits involving brain-damaged babies where John Edwards represented the plaintiffs so I'm not sure which one this article was referring to. One of the babies was brain-damaged because the doctor dropped the baby on the floor shortly after birth! The other baby was deprived of oxygen during birth because the umbilical cord was around the baby's neck and the doctor didn't notice. My father is a doctor who has delivered many babies and he said a doctor should absolutely have noticed this. When there is serious medical malpractice like this that causes lasting harm, the lawsuits are not frivolous. Not everyone who files a lawsuit is as irrational as Roy Pearson.
279 agree | 253 disagree
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Examiner Reader said:
I am glad the Examiner is finally exposing the malpractice that has led insurance companies to make Dr s and hospitals pay attention to the mistakes that killl and maim hundreds of thousands of patientss each year. Now how about a feature on the revolving door at the FDA? All those poor starving Drs and attorneys what a sad commentary on our medical system which allows 47 million to beg for care. Liability is cost of doing business in America and medical liablity is not what is prevcenting full coverage for our citizens. It is greed and waste. Thank you for muddying the waters and speaking up for the wealthy who never worrry about where their healthcare will come from.
181 agree | 144 disagree
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Examiner Reader said:
Frivolous suits are no knew thing, should be a panel implemented to review suits validity before they are even allowed to be heard. The tax payers pay and the insurance rates increase. We should be able to purchase higher value insurance policies at lower cost if it weren't for the outrages unacceptable suits. Fix it with legislation and track people who file multiple suits for a living, this is America get her done. Limit the amount an attorney can be paid on class action, they are the biggest winners and that should be criminal.
158 agree | 209 disagree
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Examiner Reader said:
Don't call a lawyer the next time you are injured due to the poor job of a professional you trusted. Just deal with it. How dare we have a judicial system to resolve disputes. I am happy to now know what an influence big business has on the Examiner. What about the little guy?
196 agree | 120 disagree
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Examiner Reader said:
Boy, sure woudl be nice if you actually did some research instead of just regurgitating junk you were handed by the insurance industry and insurance industry funded think tanks. Lazy, stupid, irresponsible journalism.
228 agree | 138 disagree
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Examiner Reader said:
next time your cconstitutional rights are violated, or you are charged with a serious crime...call a plumber.
160 agree | 148 disagree
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Examiner Reader said:
God forbid it is your child, your spouse, your parent who ends up brain damaged. You will be begging that someone helps you and your family against big business. Hopefully you're not driving a Ford Pinto on the way to meet your lawyer.
124 agree | 127 disagree
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Examiner Reader said:
It is lawyers like Edwards that hate the working poor and middle class. They make themselves and their clients rich. But the rest of the working poor and middle class are faced with higher health care cost and higher costs for goods. The $50million dollars that Edwards made came from somewhere ...and the buck gets passed from the insurance companies to the doctors to the health insurers to the people paying for health insurance. So a good portion of our higher insurance premiums eventually find their way into rich trial lawyers' bank accounts. And these lawyers don't actually produce anything. They don't make medicine or cure the sick or anything. They simply take money from all of us and give us nothing in return ...except if we are one of their clients. It is like a manditory lottery where the tickets cost thousands of dollers each year.
219 agree | 164 disagree
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Examiner Reader said:
The swimming pool law suit was likely valid, much if not most of Edwards other work/scams was not. Many of his law suits were based on junk science that OBGYN's caused CP in babies. He severly limited access to OBGYN's here in NC, while causing massive malpractice premium increases. OBGYN's, smart, hardworking, capable people whose life work was medicine were pushed out of medicine by Edwards.He is a real fraud. Listen to the people of NC where he is behind Billary in the polls. Another reason for that is he was a poor, absentee senator.
158 agree | 121 disagree
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Examiner Reader said:
Another Examiner hit piece on John Edwards! Hmmm....if my daughter's guts had been sucked out while swimming in a pool without a proper $.25 drain - ALTHOUGH the company owners had been warned - who would I call - the Examiner or a plaintiffs' attorney?? Obviously, the Examiner is trying to connect ALL bad lawyers with Edwards - a fine and honorable man who has fought for the little guys all his life. In states where tort reform has been enacted - health care premiums have NOT decreased. One reason our health care costs are high is ads on corporate media - sponsored by the Insurance and Pharma industries - which Edwards has fought and WON! Bingo! That's why the corporate media and the Examiner smear him. Why does the corporate media and Examiner hate the working poor and middle class?
224 agree | 140 disagree
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Tort Reform will not lower premiums guy said:
The tie between lawsuits and malpractice insurance premiums is much weaker than your article assumes. The strong link is between insurance company investments and premiums - if their investments do not perform - insurance companies charge us more. Simple.
163 agree | 137 disagree
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examiner said:
John Edwards certainly exemplifies this behavior!
181 agree | 152 disagree
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Examiner Reader said:
Come on. Malpractice is an easy target for the anti-lawsuit side, but for victims of malpractice, the bad guys are the doctors, not the lawyers.
200 agree | 140 disagree
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Examiner Reader said:
I can understand and share the outrage over many of these cases, and agree that the profit some attorneys make is disgusting. But I also still feel that the process, even if it's being abused, is fundamentally fair in that it allows the little guy to fight the Goliath of big business. In the case of doctors being sued, sure, the lawyers might be greedy, but aren't some doctors also being greedy? Shouldn't they be punished for wrongdoing and poor treatment?
139 agree | 146 disagree
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Examiner Reader said:
So John Edwards' presidential campaign is being paid for by this kind of lawsuit, that's taking hundreds of billions of dollars out of our economy and going right into a few lawyer's pockets? I'm completely disgusted by this practice.
199 agree | 132 disagree
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