Abuse of Mesothelioma Lawsuit
Mesothelioma lawsuit have quickly become a
major part of personal injury lawsuit. There have
unfortunately been many people who are now trying to exploit
legitimate mesothelioma lawsuit by filing a fake mesothelioma lawsuit. Listed below are
some articles that discuss this increasing phenomenom of improper mesothelioma lawsuit.
The great asbestos deception
By Joseph Perkins
...In the study, an independent panel of doctors reviewed 492 chest X-rays entered as evidence by trial lawyers in asbestos lawsuits. The panel found that fewer than 5 percent of the X-rays revealed possible asbestos-related lung damage.
Yet, the doctors who were paid by trial lawyers to act as "expert" witnesses in the asbestos lawsuits, the doctors who originally read the X-rays, concluded that 96 percent showed asbestos-related abnormalities...
...Of course, if hundreds of thousands, or millions, of Americans were afflicted with mesothelioma or asbestosis or other diseases linked to asbestos, then maybe $70 billion, or even $210 billion, would be a fair price for American businesses to pay to ease so much asbestos-related suffering.
But U.S. Supreme Court Justice Stephen Breyer figures, "Up to half of asbestos claims are now being filed by people who have little or no impairment."
John Edwards: A Workingman's Nightmare
By Lowell Ponte
...The Baron and Budd web site asks potential asbestos victims to contact the firm and includes a five-page list of lawsuits that resulted in settlements and court judgments that add up to more than $529 million – about 40 percent of which, more than $211 million, went to the law firm... common for lawyers to settle weak cases with a defendant agreement to pay a pittance to the injured parties but lavish legal fees to the plaintiff’s lawyers.
"Asbestos lawsuits," wrote Dana Joel Gattuso of the National Center for Public Policy Research, “-- the most expensive type of litigation in U.S. history, according to numbers released [in February 2004] by the RAND Corporation – are taking their toll on the U.S. economy, costing businesses a whopping $70 billion and bankrupting 66-plus companies. Nobel laureate Joseph Stiglitz estimates asbestos lawsuits have killed close to 60,000 jobs.”...
Baron and Budd has also been accused, based on an inadvertently-released law firm internal 20-page memo, a guide titled “Preparing for Your Deposition,” of coaching clients on what to say and not say when questioned by opposing lawyers, e.g., to deny ever seeing a warning label on an asbestos product. This memo, as Ponnuru summarizes what was said about it by U.S. Senator Jon Kyle (R.-Arizona), "is a document coaching witnesses to lie."
By Dana Joel Gattuso
But now there is alarming evidence that through the development of this "special" tort law, standards and rules of litigation have become so lenient that as many as 90 percent of all asbestos claimants are without injury. In the most recent issue of the Pepperdine Law Review, Yeshiva University law professor and leading asbestos litigation scholar Lester Brickman provides an eye-opening account of unethical activity and even widespread fraud among plaintiff attorneys in: recruiting industry workers en masse ("Find out if YOU have MILLION-DOLLAR LUNGS" was the bait of one ad), colluding with medical screening companies, and even fabricating claimants' depositions.
Most disturbing are Mr. Brickman's documented descriptions of plaintiff attorneys colluding with doctors and falsifying medical testimony to give the impression a claimant has asbestosis when no such medical evidence exists. Brickman contends that in some cases, attorneys pay tens of millions of dollars a year to a pool of 40 to 50 doctors who knowingly misrepresent the medical evidence.
These are just a few articles about mesothelioma lawsuit and how they are being abused by people taking adavantage of the real mesothelioma sufferers. This growing concern will have to be addressed before the real mesothelioma lawsuit suffer from a backlash of fake meosthelioms lawsuits.