On December 4, 1998, 11-month old Jack Sprague, while with his babysitter, suffered a subdural hematoma that has left him disabled. A Maryland jury just awarded $5 million against three doctors who saw Jack a couple of weeks earlier–the theory being that if they had performed a CT scan on the infant, the parents would have discovered the babysitter’s alleged abuse earlier, preventing the injury. (The babysitter, Nancy Brookbank, was convicted of child abuse and acquitted of assault; the conviction was overturned because defense lawyers were forbidden from questioning the infant’s mother about the civil lawsuit; a retrial has yet to be scheduled.) Never mind that all three doctors diagnosed the asymptomatic infant as healthy: “What harm could it have done to do a CAT scan?” a juror asked. Well, even aside from the cost, and the risk of an anesthetic on an infant, doctors warn against unnecessary CAT scans to children because of the radiation exposure. How many healthy children will end up with cancer because of defensive medicine in response to this verdict? (Michael Amon, “$5 Million Awarded in Medical Malpractice Suit”, Washington Post, Feb. 15; Michael Amon, “Medical Malpractice Suit Goes to Jury”, Washington Post, Feb. 12; Michael Amon, “Pediatricians’ Testimony Backs Doctors”, Washington Post, Feb. 8; Michael Amon, “Court Orders New Trial For Waldorf Babysitter”, Washington Post, Dec. 21). Update: American Medical News provides more info. (Tanya Albert, “Physicians found negligent for not performing CT scan”, Apr. 12).
Archive for February, 2004
Sparing parents the temptation?
In Ireland, an official health board has objected to the opening of a McDonald’s restaurant in the County Clare town of Ennis, saying its products might make children fat. “Community dietitians” on the board have insisted that before the restaurant chain has its permit application approved it should “prepare an Environmental Impact Statement to determine what effect the restaurant will have on the health of children in the Ennis area.” (“Board opposes a McDonald’s for Ennis over health factors”, Irish Times, Feb. 3). Further reading on the slimness-through-legal-compulsion crusade: David Gratzer (Manhattan Institute), “Cadbury Replaces Cholera”, National Review Online, Feb. 12; Todd G. Buchholz, “Burgers, Fries, and Lawyers”, Policy Review, Feb.; Kelly Jane Torrence, “Food Fight”, Reason, Dec. 23.
“Gulf war syndrome: the legal case collapses”
United Kingdom: “An eight-year, multimillion pound legal battle by more than 2,000 veterans for compensation for Gulf war syndrome has collapsed because there is not enough scientific evidence to prove their case in court.” Although the government-aided Legal Services Commission is estimated to have spent around ?4m on the case, “a trawl by scientists through 10 years of research worldwide, overseen by the veterans’ lawyers and funded by the LSC, has found no evidence which establishes any specific cause for the range of health problems they suffer. … The collapse of the case comes only months after litigation by parents who blame the MMR vaccine for their children’s autism suffered a similar fate, also for lack of scientific evidence to back up their claims.” (see Dec. 29) (Clare Dyer, The Guardian, Feb. 5). Last year a lawsuit was filed in this country against chemical companies on behalf of Gulf War Syndrome sufferers: see Aug. 25. For more on the weakness of the scientific evidence ascribing GWS to chemicals in the environment during the first Iraq war, see Michael Fumento’s work.
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Update: another alcohol suit
Piling on in search of a Next Tobacco: “A lawsuit filed in Los Angeles [earlier this month] against the world’s two biggest brewers accuses the beer makers of advertising to minors and seeks $4 billion in disgorgement of profit.” The suit, filed by Seattle’s Hagens Berman, whose doings are oft chronicled in this space (see Sept. 9-10, 2002 and links from there, Nov. 24) targets Anheuser-Busch and SABMiller. It invokes California’s distinctively abuse-prone s. 17200 law (see Dec. 8), as well as a California law which bans alcohol advertising intended to encourage underage drinking. (Ira Teinowitz, “$4 Billion Lawsuit Filed Against Beer Giants”, Advertising Age, Feb. 4) (lawsuit website/complaint in PDF format). Two months ago, lawyers led by David Boies filed a would-be class action against a number of alcohol companies over alleged youth marketing (see Dec. 1)
Update: Mormon actress can sue over script profanity
Updating our story of Jan. 24, 2000: “University of Utah theater professors may have violated the constitutional rights of a former student when they refused to allow her to omit profanity from an in-class performance, a federal appeals court ruled [Feb. 3].” Overturning a district court decision, the unanimous Tenth Circuit panel said Christina Axson-Flynn was entitled to a jury trial on her claim that the university theater program violated her rights when it refused to let her avoid reciting profane lines assigned to her characters, and that its claim to be standing on pedagogical principle was a pretext for religious discrimination. (Angie Welling, “Ex-U. actress to get jury trial in bias lawsuit”, Deseret News, Feb. 4). More: David Bernstein comments. Update Jul. 17: case settles.
Update: Ford settles Romo case
Bringing to an apparent close a legal saga often chronicled in this space (see Nov. 26 and links from there, Nov. 27), the Ford Motor Co. has agreed to pay $23.7 million plus $10.8 million in interest for a total of $34.5 million to settle the Romo family’s lawsuit concerning a fatal rollover of a 1978 Ford Bronco. The original jury verdict of $290 million in 1999 came after a trial noteworthy both for demagogic argumentation and bizarre jury deliberations, and was slashed by an appeals court in November. (Susan Herendeen, “Ford agrees to $34.5M judgment”, Modesto Bee, Feb. 4).
“Ohio physicians fight back”
The Ohio State Medical Association is documenting instances of baseless litigation against doctors and assisting doctors in sanctions motions against opposing lawyers who bring “shotgun” lawsuits without investigation against every doctor who treated a plaintiff. The effort is believed to be the first of its kind. (Tanya Albert, American Medical News, Feb. 16; Tanya Albert, “Fighting frivolous lawsuits: Doctors engage in an uphill battle”, American Medical News, Oct. 27, 2003) (via LitiGator).
Update: “Woman drops lawsuit over Jackson peep show”
Just in case anyone missed this while we were away: only a few days after filing her class-action lawsuit (Feb. 5, Feb. 8) demanding billions from MTV and other defendants over Janet Jackson’s Super Bowl stunt, Terri Carlin of Knoxville, Tenn. “believes she’s made her point” and is withdrawing the suit. (AP/CNN, Feb. 10; see Blog 702). The attorney who represented Carlin in the action, Wayne A. Ritchie II, would appear to be (per his website) a figure of some dignity in the Knoxville legal community: a former state legislator, he “has served on the Board of Governors of the Knoxville Bar Association and on the Board of Governors and Executive Committee of the Tennessee Trial Lawyers Association.” (See also May 28.)
Update: “Scientists win Kennewick Man ruling”
“The scientific community should be allowed to study the 9,000-year-old human bones known as Kennewick Man, a 9th U.S. Circuit Court of Appeals panel ruled [last week], rejecting an appeal by several tribes claiming kinship and seeking to rebury the remains.” The court found little evidence of either a genetic or a cultural link between the prehistoric corpse and present-day Indian tribes. (Tom Paulson, Seattle Post-Intelligencer, Feb. 5) (see Sept. 27-28, 2000; Oct. 11, 1999). See “In our view: Kennewick Man” (editorial), The Columbian (Vancouver, Wash.), Feb. 8; Moira Breen; Lex Communis; Brian Doherty, Reason “Hit and Run”, Feb. 12; Sarah Graham, “Scientists Win Latest Ruling in Kennewick Man Case”, Scientific American, Feb. 6. More: Aug. 2.