what's going on with silicosis injury trials?? connected to asbestos damag

[bobbieinok]

damage?????

claim that most law suits are without merit???

heard a mention on the radio and found this, among other sites

http://www.npr.org/templates/story/story.php?storyId=5244935

....

The mass screenings are the heart of the controversy.

"Most of these people didn't go to their doctor first and get a diagnosis of silicosis, then go find a lawyer. They went to a screening and got a lawyer first," says Fred Kurtz. He's a Mississippi lawyer representing the defendants: sand producers, respirator and mask makers, and equipment manufacturers. In response to the flood of lawsuits, these companies went to their Republican allies in Congress for relief. Sen. Orrin Hatch (R-UT) began drafting new legislation that, if passed, would put plaintiff lawyers out of the asbestos business for good. And that unhappy prospect inspired some plaintiff firms to switch horses midstream. Instead of asbestos litigation, they'd concentrate more on silica lawsuits. Defense lawyer Danny Mulholland says in Mississippi, the well-oiled screening machine never missed a beat.

"It was the same plaintiffs' lawyers involved, the same doctors involved, the same screening companies -- in many instances, the same plaintiffs," says Mulholland. "What you saw was a shift in diagnosis from asbestosis to silicosis. "

All of a sudden, silicosis claims in Mississippi began going through the roof. And the heart of these lawsuits is the diagnoses of the doctors hired by the lawyers. It is these so-called litigation doctors who are at the center of the controversy.

The 'Litigation Doctors'

Dr. Jay Segarra is a pulmonologist, which means he specializes in lung disease. He says he spent the first 15 years of his medical career serving his country in the Air Force. He fell into X-ray reading in Biloxi, Miss., in 1991 after his discharge. The work started slowly but then really picked up steam in the mid-'90s. Doctors like Segarra are X-ray reading specialists called "B-readers." There are just a few hundred across the country, but the most prolific are responsible for a stunning number of lawsuits. For example, Segarra has diagnosed 29,000 claims of asbestosis. Defense lawyers say he's made thousands of silicosis diagnoses, too.

more....

Any DUer know what's going on??

[IrishBloodEngHeart]

1. Its one of the problems I have as a democrat

I don't want to reward corporate malfeasance, but then you see something like this where tens of thousands of people are committing fraud by getting fake doctors diagnosis and getting money from companies they don't deserve. In the meantime, the diagnosing physicians, screening companies, and clash action lawyers become multimillionaires.

Its shameful.

[fishnfla]

2. heard the same radio report: sounds like a scam

Judge Jack busted them

[TreasonousBastard]

3. It's an ancient scam that's gotten so big...

it's now getting too much attention.

After many years as an insurance underwriter I have my own stories about fraud. It got so bad we set up fraud investigations and got somestate laws passed. But none of the laws were as draconian as what's proposed here-- we targeted the scammers.

But, then I was mildly injured when rear-ended. Everyone agreed it was no fault of mine, but the other insurance company stonewalled me, so I ended up at a shady doctor's office my lawyer sent me to. Lots of guys in there ahead of me all looked like contruction workers, so I guessed the "Doctor" was trying to boost comp claims. When it was my turn, he didn't look at me but went through a few motions-- like asking me to raise my arms, bend over, and turn my head.

The "examination" took about 10 minutes, mostly history, and when I saw the report, it was a third of a page of his credentials as the world's greatest authority and two pages of how I was about to die from the injuries.

Thanks to the idiots handling the claim, I eventually got the four grand I originally asked for but it cost the company an additional 15 grand in medical bills, attorney retainer, and whatall else. And it took a trip to a crooked doctor to get that. Something I never thought I would do. My lawyer wasn't really happy with it, either-- this was a last resort sort of thing.

The whole fucking system is rotten. Scammers and crooked doctors and lawyers are getting rich, and the new answer is to deny claims to everyone, even those who deserve it.