Posts Tagged ‘chasing clients’

“Consumers are misled by some mass tort drug injury ads: new academic study”

Tort reform groups have warned for a while that trial lawyer ads hyping side effects from commonly prescribed drugs might lead some patients to go off prescribed medication regimens. Now “a new paper co-authored by University of Oregon law professor Elizabeth Tippett, a key witness at last year’s congressional hearing [raising the issue], offers some empirical evidence that drug injury ads by trial lawyers and legal marketing firms do, in fact, mislead some consumers. And when those ads are deceptively framed as health warnings, Tippett and her co-author found, patients are less likely to refill or renew prescriptions.” [Alison Frankel, Reuters]

Digital advances in ambulance chasing

“Patients sitting in emergency rooms, at chiropractors’ offices and at pain clinics in the Philadelphia area may start noticing on their phones the kind of messages typically seen along highway billboards and public transit: personal injury law firms looking for business by casting mobile online ads at patients. The potentially creepy part? They’re only getting fed the ad because somebody knows they are in an emergency room.” [Bobby Allyn, NPR]

Liability roundup

April 25 roundup

  • New suits claim lack of web accessibility features in online employment applications violates California’s ADA equivalent law [Kristina M. Launey & Myra Villamor, Seyfarth Shaw]
  • Sugar in candy? Who knew? [John O’Brien and John Breslin, Legal Newsline/Forbes] Slack-fill lawsuits reveal nonfunctional void within class-action industry [Baylen Linnekin]
  • Musical instruments in court: the stories behind six famous gear disputes [Jay Laughton, Reverb last year]
  • “Secret of David Copperfield’s signature trick revealed in slip-and-fall suit by audience volunteer” [ABA Journal]
  • Given Congressional presence in area, California not entitled to use foie gras regulation to impose its views of duck and goose husbandry on producers outside state [Ilya Shapiro and Reilly Stephens on Cato cert amicus in Association des Eleveurs de Canards et d’Oies du Quebec v. Becerra]
  • “The earliest versions of the “People’s Court” TV show used law professors as the judges. They were picked because they were articulate and looked like judges but weren’t state bar members; for bar members, being on the show was seen as unlawful advertising.” [@OrinKerr linking Roger M. Grace, Metropolitan News-Enterprise in 2003]

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.

April 11 roundup

  • For best effect, read it aloud: “Do YOU appear in the form of water droplets? Are YOU found on grass and windows in the morning? If so you MAY be dew condensation.” [Andy Ryan]
  • “Bezos could get out of Trump’s kitchen by telling the editors and reporters at his newspaper to shut up about the President.” [John Samples]
  • Wave of ADA web-accessibility suits hit banks: “N.Y. lawyers sue 40-plus companies on behalf of blind man in a month” [Justin Stoltzfus, Legal NewsLine] More: Jonathan Berr, CBS MoneyWatch;
  • “Law schools should not continue hiring faculty with little to no practical experience, little to no record of scholarship, and little to no teaching experience. ” [Allen Mendenhall, Law and Liberty]
  • U.K.: “Couple claiming compensation for food poisoning exposed by holiday selfies” [Zoe Drewett, Metro]
  • Federal judge: “every indication” that prominent Philadelphia personal injury firm “essentially rented out its name in exchange for referral fees” [ABA Journal]

Medical roundup

How common are lawyer-themed birthday parties for toddlers, anyway?

“There were a bunch of kids all dressed up, the boys wearing power ties.” Are toddler birthday parties themed after personal injury lawyers becoming a thing? The latest case, from South Carolina, like one noted in 2015 from Louisiana, seem to have come into existence because the kids see and listen to injury lawyers’ ads and jingles on TV again and again (and again) and fix on them. Indeed, they may even begin to interpret the counselors as some species of superhero. “The report includes plenty of party pics as well as a three-minute highlight video, all provided by the office of George Sink, P.A., Injury Lawyers. Is it a marketing piece? Sure. But hey—the family asked him to come to the party, and he was a good sport about it. He’s entitled to a little credit for that, I think.” [Lowering the Bar; earlier 2015 on Louisiana case]

Medical roundup