Law, disorder in tort system

0 Comments | Insight on the News, Oct 15, 2002 | by Jennifer G. Hickey

How has this problem reached the crisis stage? Steve Kazan, an Oakland-based attorney representing people suffering from asbestos-related illnesses, told the panel "mobile X-ray vans and entrepreneurial lawyers" engaging in a money-grubbing, political-power-seeking" racket are responsible. Kazan has been joined by Walter Dellinger, former solicitor general in the Clinton administration, Supreme Court Justices Ruth Bader Ginsburg and David Souder, as well as Democratic Sens. Ben Nelson of Nebraska and Tom Carper of Delaware, in calling for congressional action to stop the looting.

In a recent speech to the U.S. Chamber of Commerce, Carper told the audience he had spoken with one-time trial lawyer and North Carolina Sen. John Edwards, a likely candidate for the Democratic presidential nomination, about finding a "measured response to the abuses of the system" suggesting the move would be on a par with Richard Nixon's trip to China. Swayed by a stream of businessmen, both large and small, who have witnessed the bankrupting of their companies and related loss of employee pension plans "just like with Enron" Carper said he was considering introducing an asbestos tort-reform measure as an amendment to a non-germane bill.

As for whether Daschle's priorities lie with the trial lawyers or with investors, patients, doctors and (well) victims of asbestos, the jury is still out but will report on Nov. 5.