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The asbestos ‘game’ exposed at last
The Boston Hearld ^ | May 11, 2008 | Hearld editorial staff

Posted on 05/11/2008 5:03:50 PM PDT by CedarDave

The fraudulent nature of many legal cases alleging damage from exposure to asbestos, long documented in legal and other publications, was officially confirmed to the world by a savvy federal judge in Texas three years ago. However, if allegations in a new report are true, similar rip-offs are still being tried.

The most disheartening thing about the report, “Trial Lawyers Inc. Asbestos,” fifth in a series from the Manhattan Institute, is that the reader can count on the fingers of one hand the number of doctors and lawyers who have been punished for abusing the system.

A federal grand jury in New York reportedly has been looking into the issue ...

What is also needed, and rarely discussed, is a way to make judges control these cases rather than sit back and watch the plaintiff bar effectively extort cash from the defendants because it’s cheaper to settle ... than to investigate thousands of cases filed at once...

Breathing airborne asbestos fibers is unquestionably dangerous. ... The number of claims against manufacturers and other companies ... may have reached 10 million; the ultimate cost of settlement has been estimated at $265 billion. Hundreds of companies have had to seek bankruptcy protection.

Probably most claims came from people, recruited by lawyers, who weren’t sick. A sample of chest X-rays in 492 cases examined by doctors at Johns Hopkins University showed 4.5 percent with abnormalities; doctors hired by plaintiff lawyers had certified that 95.9 percent showed signs of asbestos disease.

The railroad CSX Corp. ... is pursuing a civil action under the federal Racketeer Influenced and Corrupt Organizations Act ... charging fraud and conspiracy against a Pittsburgh law firm after discovering, among other things, invented people, dead people and impostors among the plaintiffs.

It’s time this case gets the public attention it deserves.

(Excerpt) Read more at bostonherald.com ...


TOPICS: Business/Economy; Crime/Corruption; Editorial
KEYWORDS: asbestos; lawyers; slipandfalllawyers; sue
Excellent editorial. These John Edwards-type slip and fall lawyers have for too long been able to run free and sue companies at will. I'm tired of watching the late night cable TV ads for these shysters. Did most of us grow up in schools with asbestos ceiling tiles or asbestos covering the steam pipes? You bet. Do some of us or someone we know have lung, stomach or esophageal cancer? Sadly, yes. Quick call, 1-800-freemoney for a lawyer to file a lawsuit for you. Unfortunately, if the article is true, the lawyer will have a good chance of winning a settlement regardless of merit to the detriment of the rest of us.
1 posted on 05/11/2008 5:03:50 PM PDT by CedarDave
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To: CedarDave

Unfortunately I was involved in a suit after a doctor left a towel in my abdomen for six months, the pursuit of truth is not a concern of the courts. This was my first and only time the court system, and it is all about who has the better lawyer. I know I sound like a bleeding heart liberal, but there is mountains of wrong on both sides.


2 posted on 05/11/2008 5:10:20 PM PDT by bronxboy
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To: CedarDave

global warming and race reparations could make asbestos look like a friday night poker game.


3 posted on 05/11/2008 5:16:19 PM PDT by the invisib1e hand (I'm over it.)
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To: bronxboy
...a doctor left a towel in my abdomen for six months...

You should have given the towel back sooner.

4 posted on 05/11/2008 5:17:26 PM PDT by the invisib1e hand (I'm over it.)
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To: bronxboy

When a towel is left in an incision, you have demonstrable harm with NO DOUBT as to liability. Asbestos harm, OTOH and IMHO, is problematic at best.

Same with smokers and their ailments. IIRC, cigarettes were called ‘cancer sticks’ and ‘coffin nails’ back in WWII. Were those not EXPLICIT WARNINGS?

I get livid over these GD ambulance chasing opportunists (and I am an attorney).


5 posted on 05/11/2008 5:19:27 PM PDT by dbacks (Taglines for sale or rent.)
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To: bronxboy

Demonstrated injury from negligence or malpractice is one thing. Lawsuits based on speculative causes for a disease are something else.

Similarly, lawsuits blaming someone else for ones stupidity should also be curtailed. There was one I read about a couple of months ago where a pair of teenagers trespassed in a railroad yard, climbed on top of a boxcar and came in contact with a high voltage line. They sued the RR and won. The court/jury gave as a reason the not enough signs were posted alerting trespassers to the overhead high voltage lines.


6 posted on 05/11/2008 5:23:33 PM PDT by CedarDave (Obama says he loves America. So why does he associate with those who so obviously hate it?)
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To: CedarDave
Let's try: silicates (stone dust), Fiberglas, silicone, any medications, bezine, PCB’s, MTBE’s, CCA treated wood, Playgrounds, faulty CO detectors...

If all this stuff was really this hazardous, we would all have been dead long ago.

The tort bar owns this country completely, and they're always first in line to be elected to public office.

7 posted on 05/11/2008 5:23:54 PM PDT by xcamel (Forget the past and you're doomed to repeat it.)
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To: CedarDave

Oh yeah.. let’s not forget the ‘retarded jury pool”


8 posted on 05/11/2008 5:25:08 PM PDT by xcamel (Forget the past and you're doomed to repeat it.)
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To: bronxboy
I'd hate to think of the hospital bill for six months worth of towel usage. :)

seriously, how did your case come out and are you fully recovered?

9 posted on 05/11/2008 5:33:16 PM PDT by NonValueAdded (Who Would Montgomery Brewster Choose?)
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To: xcamel
Was it not Henry that said, "the first thing we do is kill all the lawyers"

Regent of England

10 posted on 05/11/2008 5:36:13 PM PDT by SERE_DOC (Todays politicians living proof why we need have a second amendment to the constitution.)
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To: the invisib1e hand

Did they send you a bill for the towel, when they realized you had it all of that time?


11 posted on 05/11/2008 5:37:02 PM PDT by i_dont_chat (Houston, TX)
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To: xcamel
Oh yeah.. let’s not forget the ‘retarded jury pool”

What hope is there of fixing that if we can't remedy the serious case of 'retarded jurists?'

The scientific level of expertise of most judges hovers somewhere between 4 and 5 --- on a scale of 100.

12 posted on 05/11/2008 5:47:28 PM PDT by Publius6961 (You're Government, it's not your money, and you never have to show a profit.)
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To: CedarDave
Trial Lawyers are the #1 money contributors to the democrat party...
13 posted on 05/11/2008 5:50:28 PM PDT by 2banana (My common ground with terrorists - they want to die for islam and we want to kill them)
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To: CedarDave

The asbetos game was exposed nearly twenty years ago. Check the American Spectator 1989.


14 posted on 05/11/2008 5:55:40 PM PDT by count-your-change (you don't have to be brilliant, not being stupid is enough.)
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To: xcamel

“Oh yeah.. let’s not forget the ‘retarded jury pool” “

Abject stupidity is part of it, but I think more often these jurors are engaging in blatant class and/or race warfare. “Rich and greedy” corporations run by succesful white men, are by default, guilty of all charges and ripe for a money vacuumming.

The Founders had in mind a learned, reponsible jury, who would take very seriously their important rendering of justice.


15 posted on 05/11/2008 5:57:09 PM PDT by EyeGuy
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To: xcamel
Back east in the 1930’s depression there was a tunnel being built. West Va comes to mind. The dust was so bad that there were 400 workers killed due to the silica dust. But those were desperate times and there was no shortage of replacement workers.

At some of the mines out west in Idaho and Nevada the same thing was happening with Silica dust.

One of my co-workers here came down with cancer from Asbestos exposure. He got a big settlement and he deserved every penny of it.

I have seen men working in fly ash dust blow their nose and the snot come out looking like dirty toothpaste.

Yes, it WILL kill you.

http://en.wikipedia.org/wiki/Silicosis

16 posted on 05/11/2008 5:57:36 PM PDT by Ruy Dias de Bivar
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To: SERE_DOC
Was it not Henry that said, "the first thing we do is kill all the lawyers"

Shakespeare, Henry VI, part II.

17 posted on 05/11/2008 6:01:33 PM PDT by LexBaird (Behold, thou hast drinken of the Aide of Kool, and are lost unto Men.)
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To: Ruy Dias de Bivar
I guess that wearing PPE (which in these modern times is THE LAW) is a foreign concept to you... As seems even the tiniest bit of personal responsibility...
18 posted on 05/11/2008 6:04:25 PM PDT by xcamel (Forget the past and you're doomed to repeat it.)
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To: neverdem

ping


19 posted on 05/11/2008 6:08:57 PM PDT by Cacique (quos Deus vult perdere, prius dementat ( Islamia Delenda Est ))
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To: CedarDave
This reminds me of a series of Saturday Night Live commercial skits:

Green & Fazio

Barry Green.....Phil Hartman
Woman.....Julia Sweeney
Defending Lawyer.....Kevin Nealon

[ open on interior, Barry Green's law office ]

Barry Green: Have you been in an accident? Have you witnessed an accident? Have you suffered psychological damage from hearing someone describe an accident he saw? Hello, I'm Barry Green, of the law firm of Green & Fazio, here with another Litigation Myth.

Myth #4: You cannot file for an accident in which you were not involved. False.

We at Green & Fazio realize that when an accident occurs, it's not just those involved who suffer. That's why we've pioneered in whole new areas of accident litigation, including Bystander Trauma, Phantom Whiplash, and Near-Collision Stress Disorder. Why not come in for a free consultation and let us help you collect the money you didn't even realize you were entitled to?

[ cut to a Woman on the street ]

Woman: I'd love to sue somebody, but don't I need a reason?

[ cut back to Barry Green's law office ]

Barry Green: Myth #8: In order to be successful, a lawsuit must have merit. False.

At the law firm of Green & Fazio, we know that some of the most lucrative lawsuits are nuisance suits. you see, today's large corporations and wealthy individuals would rather settle out-of-court than deal with the headaches, the harassment, of endless emotionally draining litigation. And no one harasses defendents like Green & Fazio.

[ cut to a defending lawyer talking with Green & Fazio on his cellphone ]

Defending Lawyer: Look, Green, stop harassing me! Alright, what'll it cost to make you go away? I'd rather settle than sit in court with a lying piece of human garbage like you!

[ cut back to Barry Green's law office ]

Barry Green: Green & Fazio. In the fight for justice, we're on your side.

Announcer: Dial 1-500-HARASSS. The extra S is for extra harassment.

20 posted on 05/11/2008 6:14:52 PM PDT by magellan
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To: Cacique

Thanks for the ping.


21 posted on 05/11/2008 6:29:52 PM PDT by neverdem (I'm praying for a Divine Intervention.)
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To: magellan

Great bit.


22 posted on 05/11/2008 6:54:10 PM PDT by ClearCase_guy (Et si omnes ego non)
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To: 2banana
And the #1 financial adviser involved in both of John Edward's campaigns is one of the premier asbestos attorneys in the country. In fact, just check out Wikipedia for an amazing quote about how the plaintiffs bar is all but running the Senate.

http://en.wikipedia.org/wiki/Fred_Baron

23 posted on 05/11/2008 6:58:55 PM PDT by Bubbette
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To: EyeGuy
Kinda like sexy young babes are innocent, by default, of all charges <grin> ?

(Yeah, I know, one is billions of dollars serious, the other is a pleasant bit of humor.)

24 posted on 05/11/2008 7:14:14 PM PDT by ThePythonicCow (By their false faith in Man as God, the left would destroy us. They call this faith change.)
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To: CedarDave; Cacique
Trial Lawyers Inc. Asbestos A Report on the Asbestos Litigation Industry, 2008

ASBESTOS LITIGATION: FIRE IN THE COURTS Bankruptcies explode as the asbestos inferno rages on.

25 posted on 05/11/2008 7:41:57 PM PDT by neverdem (I'm praying for a Divine Intervention.)
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To: dbacks

Res ipsa loquitor.


26 posted on 05/11/2008 8:16:55 PM PDT by shankbear (Al-Qaeda grew while Monica blew)
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To: Ruy Dias de Bivar

This is a REAL disease. My great-uncle, who never smoked, blew in asbestos insulation in ships, and died from this. The kind of lung cancer that it produces is very different than from smoking. There is a form of asbestos that is so bad that a single exposure can cause cancer many years later. Now if diagnoses and illnesses are abused by doctors and lawyers, this is another matter.


27 posted on 05/11/2008 8:18:08 PM PDT by The Antiyuppie ("When small men cast long shadows, then it is very late in the day.")
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To: shankbear

[Res ipsa loquitor.]

Thank you Learned Hand.


28 posted on 05/11/2008 8:22:07 PM PDT by dbacks (Taglines for sale or rent.)
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To: bronxboy

Anybody could have left it there.


29 posted on 05/11/2008 8:50:51 PM PDT by MARTIAL MONK (I'm waiting for the POP!)
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To: CedarDave

I was a PI uncovering Workers Comp fraud. Companies would rather settle than fight because it opens their books to court review. If a company settles for say, half of the original claim, they “made” money by not losing it. Oh, we all pay the difference in higher premiums...and the shyster goes on to another state or company to to the same scam.


30 posted on 05/11/2008 9:25:58 PM PDT by endthematrix (Now that we use our corn for fuel, when do we eat coal for dinner?)
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To: CedarDave
my father in law got a call from a lawyer about his lungs..seeing as how he worked in a plant.....the lawyer insisted that my FIL had lung damage and encouraged him to file....my FIL had no tests, no doctor verification, nothing....he got a cool $5000 just for the phone call...

my fil is over 80 yrs old....

31 posted on 05/11/2008 9:48:40 PM PDT by cherry
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To: bronxboy

Lucky thing that you weren’t prosecuted for stealing hospital property.


32 posted on 05/11/2008 10:02:51 PM PDT by paristwelve (.......the Laws of Nature and of Nature's God entitle them)
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To: xcamel

***I guess that wearing PPE (which in these modern times is THE LAW) is a foreign concept to you... As seems even the tiniest bit of personal responsibility...***

When I started in this business the company I work for refused to give warnings of asbestos and other problems. PPE was available but some of the OTHER men refused to wear it because it was too hot.

I had enough sense to put something over my nose and mouth in such conditions.

As for the other man who came down with Asbestos cancer, he was a janitor who had no warning of the areas where PPE was needed.

We have had quite a few people from here who died of various cancers possibly caused by the elements here.

The plant management here thirty years was the worst possible. Now safety is TOP concern.


33 posted on 05/12/2008 3:42:32 AM PDT by Ruy Dias de Bivar
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To: The Antiyuppie

***This is a REAL disease. My great-uncle, who never smoked, blew in asbestos insulation in ships, and died from this.***

My father-in-law worked on Asbestos covered equipment. He died about twenty five years ago of Fiberatosis of the lungs. If you saw him struggle for breath his last days you would NEVER go without PPE today. They didn’t have PPE when he worked.


34 posted on 05/12/2008 3:46:34 AM PDT by Ruy Dias de Bivar
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