As a
journalist myself in college, it didn’t take long for me to figure out their
angle. They wanted to show that somehow my practice of sponsoring medical
research, as opposed to spending oodles on TV and Google ads, was “fishy” if
not “rotten.”
The result of
that year long quest appeared today in the crusty WSJ under the byline of
reporter Dionne Searcey. The title: “Mesothelioma Doctors, Lawyers Hunt for Valuable Asbestos Cases.”
Right away
you get a feel for the slant. We are “hunters.”
Now, I’ve gotten to know Ms. Searcey fairly well and my guess is she
didn’t write the headline. Contrary to
the splenetic anti-lawyer bias of the WSJ’s editorial board, Ms. Searcey actually went the extra mile to
check her facts, question her own biases, and listen to contrary points of view.
To her credit, she even previewed with me the accuracy of the quotes she attributed
to me and others. In sum, she has shown
a degree of professionalism I did not expect from her employer, and I respect
her methods greatly.
But
I wanted to clarify just a few points.
First, we
wouldn't be in this mess if the asbestos industry hadn’t created it. Nor would we be fussing about the ethics of
sponsoring medical research if the asbestos industry itself had not steadfastly
and stupidly refused to clean up their horrific mess.
Second, if
the parties responsible for the asbestos cancer mess won’t clean it up, who
will? The Federal government has not invested in medical research commensurate
with the size of the problem, their responsibility (for Navy vets, meso is a
“service connected disability) or their own fault. Meanwhile, the number of
people diagnosed with meso is “too small” for Big Pharma to justify any serious
investment. The labor unions are broke. If not the patients and their
advocates, who will step up?
Third, if
money curries favor, from a strict profits and losses perspective, why hasn’t
the asbestos industry donated to research?
A few years ago, Dr. Cameron was invited to speak to 600 asbestos defense lawyers,
insurance adjusters and company reps. He
talked about the medical and ethical benefits of sponsoring research. How much
did they pony up? Zero. Now, that’s “disgraceful.”
The asbestos
industry is notorious for corrupting the medical and scientific literature with
false and deceptive articles they paid for designed to prove to juries that
asbestos is as benign as mother’s milk. If anyone knows how to curry favor with
money, it’s the asbestos industry.
It simply
boggles my mind that the industry, after 50 years of wasting tens of billions
of dollars on phony research and medical mercenary “experts,” still has yet to
see the economic benefits from finding a cure.
Put lawyers like me out of business! Save asbestos-tainted companies
from bankruptcy! Spare millions of people agony, misery and death! It makes
dollars and sense.
Fourth, the
only “stakeholders” that really don’t want to see a cure for mesothelioma are
the legions of “bill to kill” defense lawyers. They get paid by the hour. It’s
in their economic interest to drag out tedious, life-sucking litigation, as the
John Johnson case sadly but clearly demonstrates.
That said,
over the past 25 years, I have met several honorable defense lawyers who agree
with me that their clients should indeed invest in a cure. They agree with me that they should find a
way to resolve meritorious cases early before racking up thousands and
thousands in legal fees. And they agree that it makes no sense at this late
date for asbestos defendants to invest in crackpot “experts” to gin up junk
science to bamboozle juries, when the money should instead be invested in
cleaning up their horrific mess.
We are quick
to forgive in this country. People, like
corporations, make mistakes. What’s unforgivable is the perpetuation of that
mistake by stubbornly refusing to own up to it.
Finally,
maybe I’m wrong about the “benefits” of keeping meso patients alive.
Unfortunately, as long as certain states limit or eliminate the damages
available in wrongful death cases, then the bad guys will indeed have an
economic incentive to hasten their victim’s demise. It’s no secret that here in California the
asbestos companies generally settle wrongful death claims for far, far less
than they do for living claims. The law encourages this wicked behavior. In this dark and dusty light, it’s no wonder
the bad guys don’t invest in a cure.
My firm’s
motto has always been: “Asbestos Lawyers for Life.” Yes, it’s in my firm’s interest to help my
clients live long and prosper. The day
that in this great country we hold in contempt efforts to cure cancer but applaud
and reward the cancer creators, well, that’s a day I’d rather put off, and I
don’t think I’m alone.
RGW
5/6/13
Hunters for Justice and a Cure for Meso: The John Johnson "Fight Meso" Family, sponsors of the Dana Point Grand Prix
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