Skip to comments.The asbestos ‘game’ exposed at last
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 its 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 werent 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.
Its time this case gets the public attention it deserves.
(Excerpt) Read more at bostonherald.com ...
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.
global warming and race reparations could make asbestos look like a friday night poker game.
You should have given the towel back sooner.
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).
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.
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.
Oh yeah.. let’s not forget the ‘retarded jury pool”
seriously, how did your case come out and are you fully recovered?
Regent of England
Did they send you a bill for the towel, when they realized you had it all of that time?
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.
The asbetos game was exposed nearly twenty years ago. Check the American Spectator 1989.
“Oh yeah.. lets 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.
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.
Shakespeare, Henry VI, part II.
Green & Fazio
Barry Green.....Phil Hartman
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.
Thanks for the ping.
(Yeah, I know, one is billions of dollars serious, the other is a pleasant bit of humor.)
Res ipsa loquitor.
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.
[Res ipsa loquitor.]
Thank you Learned Hand.
Anybody could have left it there.
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.
my fil is over 80 yrs old....
Lucky thing that you weren’t prosecuted for stealing hospital property.
***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.
***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.