Lawsuit recruiters lure women into unneeded surgery

New York Times deep dive into the ethical morass of pelvic-mesh-suit recruitment, in which lawsuit shops recruit women into often unnecessary and sometimes dangerous surgery to remove implanted material, a step needed for claims to be lucrative. [Matthew Goldstein and Jessica Silver-Greenberg, New York Times] Opening paragraphs:

Jerri Plummer was at home in Arkansas, watching television with her three children, when a stranger called to warn that her life was in danger.

The caller identified herself only as Yolanda. She told Ms. Plummer that the vaginal mesh implant supporting her bladder was defective and needed to be removed. If Ms. Plummer didn’t act quickly, the caller urged, she might die.

And how, in the age of HIPAA, did the recruiter on the phone come to know so very much about the medical history of the woman being pitched? What follows is a story of conduct that is shocking, appalling, unethical — but neither surprising nor unusual to those of us who have been writing about the abuses of the litigation business for many years. Plaintiffs suing over back pain after accidents, for example, are regularly steered into unnecessary back surgery, and plaintiffs in the breast-implant litigation were steered into removal surgeries for which the only indications were legal, not medical. These alas are the incentives of injury litigation: run up the medicals (the higher the bill for testing and therapy, the higher the claim value) and if you’re suing over a drug or therapy itself, maybe disengage from it to show your fears are genuine.

All that said, congratulations to the Times and reporters Goldstein and Silver-Greenberg for an investigation that shines a bright light on the need for reform. More: Beck.

“Surprised by Neil Gorsuch’s ruling? You weren’t paying attention.”

In the case of a federal law providing for the mandatory deportation of lawful permanent residents convicted of a hazily defined “crime of violence,” Justice Neil Gorsuch steps comfortably into Nino Scalia’s shoes as the Court’s champion of void-for-vagueness invalidation of criminal laws whose contours were left overly unclear. “It doesn’t make him a squish. It makes him an originalist,” [Ilya Shapiro, Washington Examiner; opinion in Sessions v. Dimaya] More: Jay Schweikert, Cato.

In the mail: “Scorched Worth”: new book on Moonlight Fire/Sierra Pacific case

The Sierra Pacific/Moonlight Fire scandal developed after the state of California and federal governments combined legal forces to go after a forest products company seeking to recoup millions of dollars spent fighting a fire that they claimed the company helped cause. Over the course of the ensuing litigation, judges charged a California state agency with “egregious and reprehensible conduct,” blasted the office of then-California Attorney General Kamala Harris for less-than-professional conduct, and brought in question the conduct of the U.S. Department of Justice under then-AG Eric Holder. We covered the story here, here, here, here, here, here, and here.

Now a new book on the story by author Joel Engel is out entitled “Scorched Worth: A True Story of Destruction, Deceit, and Government Corruption.” The author has an excerpt in the Weekly Standard (“What happens when the government lies about you in court?”). Here’s a fuller description of the book, from publisher Encounter:

To effect just outcomes the justice system requires that law enforcement officers, prosecutors, and judges be committed—above all—to doing justice. Those whose allegiance is to winning, regardless of evidence, do the opposite of justice: they corrupt the system. This is the jaw-dropping story of one such corruption and its surprise ending.

On Labor Day 2007, a forest fire broke out in California’s eastern Sierra Nevada and eventually burned about 65,000 acres. Investigators from the California Department of Forestry and Fire Protection and the United States Forest Service took a mere two days to conclude that the liable party was the successful forest-products company Sierra Pacific Industries (SPI), founded as a tiny sawmill nearly sixty years earlier by Red Emmerson.

The investigative report on the fire declared that SPI’s independent logging contractor had started the conflagration by driving a bulldozer over a rock, creating a spark that flew into a pile of brush. No fire had ever been proven to start that way, but based on the report the U.S. Department of Justice and California’s attorney general filed nearly identical suits against Emmerson’s company. The amount sought was nearly a billion dollars, enough to bankrupt or severely damage it. Emmerson, of course, fought back.

Week by week, month by month, year by year, his lawyers discovered that the investigators had falsified evidence, lied under oath, fabricated science, invented a narrative, and intentionally ignored a mountain of exculpatory evidence. They never pursued a known arsonist who was in the area that day, nor a young man who repeatedly volunteered alibis contradicted by facts.

Though the government lawyers had not known at the start that the investigation was tainted, they nonetheless refused to drop the suits as the discovery process continued and dozens of revelations made clear that any verdict against Emmerson’s company would be unjust.

Scorched Worth is a riveting tale that dramatizes how fragile and arbitrary justice can be when those empowered to act in the name of the people are more loyal to the bureaucracies that employ them than to the people they’re supposed to serve. It’s also the story of a man who refused to let the government take from him what he’d spent a lifetime earning.

The book can be ordered here.

“Vehicle Safety Inspections Don’t Increase Safety”

When New Jersey repealed its requirement for periodic auto safety inspections, there was no statistically meaningful rise in the frequency of accidents due to car failure, or to road fatalities whether linked to car failures or not. Alex Tabarrok: “It’s time to ditch the annual safety inspection and either move to no inspection system at all or like Maryland move to a system that requires safety inspections only at transfer. I’m not convinced that is necessary either, since at transfer is precisely when the buyer will run an inspection anyway, but at least that system would reduce the number of inspections significantly.” [Marginal Revolution, New York Post editorial; Alex Hoagland and Trevor Woolley]

An elusive asbestos memo

Now you see it, now you don’t: a famous “Preparing For Your Deposition” memo for asbestos plaintiffs, which I wrote about back when, is not quite so easy to lay one’s hands on or read about these days, though clues are still available on the web [David Yates/Southeast Texas Record, Sarah Rafique/KXAN and Sara Corcoran Warner/Huffington Post on First Amendment suit by Christine Biederman over access to court records, Yates/SETR with more, and more]

Land use and development roundup

Environmental journalism, brought to you by the EPA

I like advocacy journalism as well as the next fellow — at least I consume a lot of it as a reader. That doesn’t mean the federal government should be funding it, thereby giving a boost to one side of environmental debates in the mid-Atlantic region. My new piece for the DC Examiner examines the Environmental Protection Agency’s longstanding subsidies for the influential Chesapeake Bay Journal.

Playing politics with pensions

A mini-roundup: “How State Pension Funds — and 401k Managers — Prioritize Politics over Returns” [Ike Brannon, Cato/Forbes.com, more; related, Eric V. Schlecht, Economics 21] “The California state teacher retirement system open letter to Apple about ‘smartphone addiction’ provides another point in favor of giving these workers individual accounts with a private provider.” [Caleb Brown on Twitter] “Those shares belong to the college savers, not him”: Illinois treasurer uses 529 funds to push Facebook, other firms on political issues [Cole Lauterbach, Illinois News Network]

And as to scale and solvency: “A $76,000 Monthly Pension: Why States and Cities Are Short on Cash” [Mary Williams Walsh, New York Times on strains in Oregon]; Eric Boehm, Reason.