Archive for March, 2013

Echo-mill diagnostic skills, on contingency

A Florida cardiologist has been sentenced to six years in federal prison and ordered to pay $4.5 million in restitution after serving to review the echocardiograms of more than 1,100 prospective claimants on a fen-phen settlement trust fund; many of the claimants he diagnosed were not in fact ill. “The physician was also to be compensated $1,500 for each claimant who qualified for benefits when that person’s claim was paid, according to the U.S. Attorney’s Office for the Eastern District of Pennsylvania, which prosecuted the case.” At trial, he testified “that his medical reports had been forged by the mass tort lawyer who had hired him on a contingency fee basis, the record states.” As I observed in The Litigation Explosion, medicine, like law, is a profession in which the prohibition of contingency or success fees developed early, in large part because it was expected that such fees would work to the benefit of dishonest practice. [Penn Record]

Class action roundup

Star-Ledger: “N.J. is missing the basics on bullying”

Newark Star-Ledger editorial:

There’s a big difference between a normal kid who teases a fellow fourth-grader and a bona fide bully who does real harm.

But you wouldn’t know it from our state’s anti-bullying law. In the burst of indignation after Tyler Clementi’s suicide three years ago, we were determined to do something about bullying.

And we drafted a sloppy statute…. it’s ensnaring way too many kids.

[h/t Neal McCluskey]