May 05,
2003 14:56
May 5--WASHINGTON--At the American Tort Reform Association, Sen. John
Edwards is called the candidate of "Learjet lawyers," a reference to his
habit this year of borrowing law firms' planes to campaign. The
association, which wants to cap jury awards in medical and product
liability cases, is so aghast at the prospect of a President Edwards that
it plans to launch an anti-Edwards Web site this month:
www.edwardswatch.com.
But over at the Association of Trial Lawyers of America, former
malpractice lawyer Edwards is a source of pride. Some of the association's
60,000 members contributed, with their families, $1.8 million to Edwards'
presidential campaign in the first quarter of this year.
Edwards' candidacy has helped make trial lawyers -- their image, their
battles, their money -- an early issue in the 2004 presidential campaign.
Tort reform supporters from President Bush on down are gearing up their
offensive, while trial lawyers are giving millions in campaign
contributions and defending their profession.
N.C. Democrat Edwards, 49, is at the middle of it all.
The American Tort Reform Association, co-founded by the American
Medical Association and partly funded by corporate contributions, is
trying to make Edwards' ties to trial lawyers -- the source of one-fourth
of his campaign funds -- a major issue.
Mike Hotra, who will help feed the association's anti-Edwards Web site,
says trial lawyers want something in return for their money: "They want a
president who will not just oppose any litigation reform dropped on his
desk, but will take this whole issue off the table."
But Linda Lipsen, lobbyist for the Association of Trial Lawyers, says
corporate interests -- heavy contributors to Bush -- try to make sure they
don't have to pay much even when they're at fault.
"There are a lot of forces trying to make sure that individuals who are
fighting back do not get a fair shake," she says. "One of the few groups
out there as a watchdog on this behavior (is) lawyers."
She says insurance reform, not tort reform, will lower premiums. And
she points to "shoddy products" that have vanished from the U.S. landscape
-- Ford Pintos, flammable pajamas, the Dalkon Shield IUD -- "due to
lawsuits."
Last summer, Bush traveled to Edwards' back yard to call for a cap on
medical malpractice awards to help end frivolous lawsuits and lower health
costs.
"What we want is reasonable health care, not rich trial lawyers," Bush
said at High Point University. "Higher and higher insurance premiums make
it nearly impossible for a lot of doctors to practice medicine."
The day Edwards announced his candidacy, the Republican National
Committee attacked Edwards on its Web site, primarily for "his work to
protect the interests of personal injury trial lawyers." The RNC didn't
have any similar posting against any other candidate at the time.
Edwards responds with the kind of populist pitch he once used with
juries.
"I am proud of the cases I won," Edwards told the California State
Democratic Convention in March. "So, Mr. President, if you want to talk
about the insiders you've fought for versus the kids and families I've
fought for, then all I have to say is: Mr. President, bring it on!"
As recently as 1996, Lawyers Weekly USA named Edwards, of Raleigh, one
of eight national Lawyers of the Year. Elected to the Senate in 1998,
Edwards still has close ties to trial lawyers -- also called plaintiffs'
attorneys and personal-injury lawyers. The most successful ones make a lot
of money by suing companies with deep pockets on behalf of clients who
have been injured on the job, in the hospital, or while using consumer
products.
A winning lawyer can take up to 40 percent of the money awarded by the
jury; if he loses, he usually gets nothing.
Critics of trial lawyers consider them greedy ambulance chasers --
think Jackie Chiles, the fast-talking parody of Johnnie Cochrane on TV's
"Seinfeld." Trial lawyers object to the stereotype, saying they are
sometimes the only people willing to seek justice for the powerless --
picture Atticus Finch, the conscientious Southern lawyer in "To Kill A
Mockingbird."
Edwards -- in his speeches and in a book to be published this year by
Simon & Schuster -- will try to shift the focus from the size of some
trial lawyers' bank accounts to the clients they represent.
In California, he talked about Ethan Bedrick, a 9-year-old with
cerebral palsy whose doctors' prescription of daily physical therapy was
rejected by "some insurance company bureaucrat, sitting behind a desk
somewhere."
"Mr. President," Edwards said, "We'll let you take the side you've
always taken ...the insurance companies' side. I'll take the side I've
always taken ... Ethan's side."
That approach worked for Edwards in 1998, when incumbent Republican
Sen. Lauch Faircloth spent much of his campaign bashing Edwards for being
a trial lawyer, to no avail.
But Bush and his tort reform allies -- businesses, doctors,
conservatives -- also have sad stories about real people.
Addressing the American Medical Association in March, the president
mentioned Debbie DeAngelo, who had to shut down her pain management clinic
in Scranton, Pa., which employed 10 and served 2,000, because her
liability insurance got too expensive -- even though she had "a great
safety record."
"We have a problem in America," Bush said. "There are too many
frivolous lawsuits against good doctors, and the patients are paying the
price."
In the Gallup Poll's latest measure of how Americans rate the honesty
and ethics of different professions, lawyers finished 14th out of 21.
Only 18 percent of the respondents ranked lawyers high or very high in
those areas.
Other polls say Americans believe the country has become too litigious.
And many pin some of the blame for higher prices and insurance premiums on
jumbo verdicts.
Hoping to tap these public anxieties, Bush and GOP congressional
leaders have been pushing bills that would, among other things, cap awards
in medical malpractice cases and shield gun manufacturers from lawsuits.
Edwards opposes both of those bills and has fought for a Patients' Bill
of Rights that would permit people to sue their HMOs.
But he has also said he could support some reforms that would reduce
frivolous lawsuits.
Edwards denies he'd be a captive to any interest group. He says he
won't take a penny from political action committees, including the Trial
Lawyers PAC, which gives out about $4 million.
"I stand up for the same people I've always stood up for: kids and
families," he says. "I am just as independent now as I was when I was
elected to the Senate -- and I'll continue to be independent."
-----
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(c) 2003, The Charlotte Observer, N.C. Distributed by Knight
Ridder/Tribune Business News. F, VIA, Edwards' Bid for President Makes Trial Lawyers an Issue
By
Tim Funk, The Charlotte Observer, N.C.
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