Contact me at markploftus@aol.com

Couple of interesting items I noticed in the recent Illinois Trial Lawyers Association Newsletter...

First,I see that Sen. Bill Frist is making it a "personal priority" to deal with what he perceives as a "asbestos litigation crisis". He is attempting to persuade other senators to sign onto the Fair Act(Fairness in Asbestos Injury Resolution Act). In a recent speech, he described Johns-Manville and W.R. Grace & Company as "reputable companies that had been driven into bankruptcy because of asbestos litigation". The article goes on to note that what Frist apparently doesn't know(at least we hope he doesn't know)is that Johns-Manville had been aware since the early 1930's that this incurable lung disease was killing its work force AND that it instituted a policy NOT to inform workers about x-ray findings showing them that they had developed this disease. In a memo from the medical director of the company(circa 1930), the company policy was spelled out as follows: "The fibrosis of this disease is irreversible and permanent so that eventually compensation will be paid to each of these men. BUT AS LONG AS THE MAN IS NOT DISABLED IT IS FELT HE SHOULD NOT BE TOLD OF HIS CONDITION SO THE HE CAN LIVE AND WORK IN PEACE AND THE COMPANY CAN BENEFIT BY HIS MANY YEARS OF EXPERIENCE." (emphasis added by me). Yessir, Senator, that is one class company there. Why burden a worker with knowledge about an incurable disease the company gave him? Especially if the company can get a couple more years out of him before he is to sick to walk?

Another blurb which I found interesting: The Pennsylvania Medical Society recently admitted it made unsubstantiated claims to scare citizens and lawmakers into thinking that the "medical malpractice" crisis justified changing the state constitution and changing the legal rights of injured workers. The Group had been claiming that 1700 doctors had been driven out of the state due to high insurance costs. WHOOPS! Turns out, the state had actually gained 800 doctors. I'd be curious to see if the Medical Society took any steps to correct the record once they found this error. I'm guessing they didn't.

And finally, one last blurb I saw in the newsletter deserves mention. That would be the item about Dr. Nick Stroumbakis, a Connecticut urologist who is also a leading proponent for placing caps on pain and suffering damages in Connecticut. Just a few short years ago, in 2000, the good doctor had been injured in a sledding accident when he broke his back and fractured a leg. Back in April, a jury awarded him over $6.2 million dollars in damages - with $1.4 million being for non-economic damages - i.e. pain an suffering. Apparently when questioned at a rally last year about this rather glaring inconsistency, the doctor wouldn't discuss his case. Gee, I wonder why? Possibly because he would have to admit to his appalling hypocrisy? That might be one explanation.