‘Injustice’ and state’s trial lawyers
The piece documents the efforts by Attorney General Mike Moore and Scruggs to sue on behalf of the states for Medicaid costs associated with tobacco to achieve $246 billion over 25 years for the states, $15 billion to lawyers (and an estimated $1 billion to the Scruggs firm) and zero dollars to smokers.
Other Mississippians interviewed for the project are: Johnny Jones, Grady Tollison, Jerry Mitchell and attorney Fred Krutz of Forman Perry Watkins Krutz & Tardy
Krutz describes the 2005 case before U.S. District Court Judge Janice Jack regarding silicosis (“the new asbestos”) claims. Krutz said, “In an 18 month period between 2002 and 2004, over 20,000 silicosis claims were filed in a Mississippi court.”
The standard procedure had been to settle claims like these but, according to Krutz, “Our clients decided, enough is enough, we’ve got to figure out a way, we can for the first time in mass tort history, prove that these litigation doctors, some plaintiff lawyers – not all – and these mass for-profit screening companies were manufacturing claims for money.”
After confronting one doctor with the absurdity of the number of diagnoses per day, the doctor withdrew his representation that thousands of plaintiffs he certified actually had silicosis. Judge Jack summoned additional doctors to testify resulting in one asserting his Fifth Amendment right against self incrimination while on the stand. The lawsuit featuring thousands of plaintiffs for millions of dollars in claims collapsed under suspicion of fraud.
If you can’t make it to Jackson for the screening, the trailer can be viewed at www.InJusticeTheFilm.com online and the movie will be released for purchase after its national tour.
So does this film present the other side of the story to “Hot Coffee”? Not exactly. It is a different side, but not a rebuttal. “Hot Coffee” goes after McDonald’s, assails lawsuit caps, criticizes judicial elections and attacks arbitration.
“InJustice” spends less time (perhaps zero time) on civil litigation reform or policy, and instead draws attention to corruption and fraud perpetrated by specific individuals. Those on the tort reform side can promote the film, but that is something honest trial lawyers can support, too.
Brian Perry
Madison County Journal
6/7/12
Magnolia Tribune
