FBI Visits Small Mississippi Town Drug Store in Latest Probe

WLBT Jackson Ms ^ | 06-12-03 | By Joanna Gaitanoglou

[WKB]

Jefferson County has long been under the microscope as a hot spot for lawyers seeking exorbitant jury awards. Now comes word the FBI is looking into the records of a Fayette drug store as part of a federal investigation into multimillion-dollar jury awards. Jury tampering may be the reason for this probe.

The Sun Herald Newspaper says the FBI has subpoenaed records from the Bankston Drug Store in Fayette. The drug store was listed as a defendant in several lawsuits against pharmaceutical companies in the late 90's. The trials of at least five defendants were held in Jefferson County, a county the American Tort Reform association has called a "judicial hellhole."

According to the newspaper report, the subpoena was for "any prescriptions" for a host of medications, included fen-phen. It also asked for patients' names, addresses, prescribing physicians, and number of refills.

Edwin Worthington, the special agent in charge in the FBI's Jackson division, told WLBT Thursday that "The FBI cannot comment on pending investigations. However, it is obvious from news reports that have been written that subpoenas for certain documents have been issued. But no additional information can be provided at this time."

WLBT obtained a copy of a letter requesting an investigation into allegations of jury tampering that were made by an unnamed individual on CBS's 60 Minutes in November. The former president of the Mississippi Trial Lawyers Association, David Barria, addressed the letter to United States Attorney Dunn Lampton.

The new president of the Association, John Christopher, says he doesn't know what the FBI probe is all about, but he does welcome the investigation.

"Trial lawyers fight everyday to preserve the jury system," said Christopher. "In order to preserve the jury system as an institution, people have to have confidence in it. They have to believe it's going to be a fair and impartial, and if they have a case in court, it's going to receive a fair hearing."

The former owner of the Bankston Drug Store says the lawsuits affected her business tremendously. Now many are waiting to see how the investigation will affect Mississippi's jury system

[WKB]

These lawsuits are out of control in Ms.

[philomath]

interesting to see how this ties together.....

[WKB]

interesting to see how this ties together.....

There is a companion story at Google but I can't to it .

[Reactionary]

I get the impression that the drug store was in kahoots with the trial lawyers. This could be big.

[WKB]

Mr. Bankson died from a heart attack shortly after this broke.
A healthy 58 year old according to the radio. Must have been worried about "something".

[dixiechick2000]

I'm still catching up.;o)

Tales of Mississippi lawsuits have reached all the way out here, on the edge of the earth.

Mississippi desperately needs cleansing, and Shakespeare was right...

[WKB]

Mississippi desperately needs cleansing, and Shakespeare was right

My idiot ex daughter in law went to a great Dr. with her back. He gave her some oxycotin. She sold them to her cousin and now is sueing the Dr.

[dixiechick2000]

"She sold them to her cousin and now is sueing the Dr."

Sheesh...

I'm speechless. I hope the truth comes out in court. What do you think her chances are, and who the heck are her attorneys?

[dixiechick2000]

Well, maybe I wasn't speechless...;o)

[WKB]

I'm speechless. I hope the truth comes out in court. What do you think her chances are, and who the heck are her attorneys?

Her work history and Shelton's testimony should do her in but you never know.
She called a 1-800 number from a TV add. Some shyster from Birmingham.

[WKB]

FBI examines high-dollar jury awards


Fayette drug store records subpoenaed as part of the investigation
The Associated Press

Records of an often-sued Fayette drug store have been subpoenaed by federal agents.

Sources close to the FBI investigation say it's part of a still-early probe into huge jury awards in Jefferson County, a place some lawyers called "the center for the redistribution of wealth."

Agents subpoenaed records from Bankston Drug Store, which has been a defendant in litigation brought against major drug companies, The Sun-Herald newspaper reported Thursday.

"It is obvious from news reports that have been written that subpoenas have been issued, but no additional information can be provided at this time," Edwin L. Worthington, agent in charge of the Jackson FBI office, said in a statement.

He said his office can't comment on pending investigations.

In a legal maneuver to keep the big-dollar cases in Mississippi courts, lawyers often sue local drug stores and doctors instead of suing only the drug makers. The idea is that state courts are more apt to award large verdicts than federal courts.

In 1999, five plaintiffs who claimed the diet drug fen-phen gave them heart and lung problems were awarded $150 million in compensatory damages by a Jefferson County jury. Before arguments began on punitive damages, the drug-maker, American Home Products Corp., settled the case with those five and more than 800 others who had sued for a reported $400 million.

The settlement details were sealed by the court.

Hilda Bankston and her late husband, Mitch Bankston, former owners of Bankston Drug Store, were cleared of any liability in the case. Mitch Bankston died of a heart attack in 1999, only weeks after being sued over fen-phen.

Last summer, Hilda Bankston testified before the U.S. Senate Judiciary Committee about how the lawsuits had affected her family.

"From the moment we learned that we had been named as a defendant in the fen-phen case, Mitch became extremely concerned about what our customers would think," she testified. "In our small town, news travels fast and reputation is everything. Within three weeks, my husband, a 58-year-old in good health, died suddenly of a massive heart attack."

She told committee members that she and her husband are victims of lawsuit abuse.

"I've searched record after record and made copy after copy for use against me," she told the committee. "I've had to hire personnel to watch the store while I was dragged into court on numerous occasions to testify. I have endured the whispers and questions of my customers and neighbors, wondering what we did to end up in court so often. And I have spent many sleepless nights wondering if my business would survive the tidal wave of lawsuits cresting over it."

Since 1995, Mississippi juries have handed out numerous awards of $100 million or more. Most were later settled for much lower, undisclosed amounts, or reduced by a judge or on appeal.

---

Clarion-Ledger Staff Writer Jerry Mitchell contributed to this report.

[WKB]

victims of lawsuit abuse.

That's a new one. Sounds like she needs a lawyer.

[DaGman]

Just wondering what business the FBI has with civil proceedings.

[WKB]

Just wondering what business the FBI has with civil proceedings

See #12

[wardaddy]

Charlie Evers turf....

[bourbon]

"Trial lawyers fight everyday to preserve the jury system," said Christopher.

Total BS. Trial lawyers have a selective allegiance to the "jury system." If they really respected the system, then they wouldn't run away from Rankin and Lafayette County juries and try every trick in the book to have their trials located in Jefferson County.

[wardaddy]

Rankin is still a hardcore common sense county I see...lol....probably also the least favorite county for "armed trespassers" as they call home invaders in Jackson.

[bourbon]

Yes. The last place I would want to get caught on the wrong side of the law is in Rankin Co., especially in Flowood. The Flowood Police Dept. is a study in stark contrasts to JPD. Each one of their officers appears to be a buff, mustachioed Delta Force alum.

[wardaddy]

That's funny...when I went to Prep....Flowood was basically just some leftover jukejoints from the "dry" era on the east side of the old 80 bridge by the old Dennery's restaurant and the old Caldwell Steel Mill and the Krystal's scrap yard and a few other industries and some old homes that flooded a lot.....I think they had one Barney.

Boy, time flies.