NEW YORK - Lester Brickman’s Wall Street Journal editorial about tort reform and mass screenings is making waves across the internet. The editorial, published in the WSJ’s law pages December 26 decries the practice of mass screenings mounted by tort lawyers to discover potential plaintiffs for lawsuits against asbestos manufacturers, breast implant manufacturers and those who marketed and made dangerous diet drugs. Brickman contends that the Department of Justice turns a blind eye to the practice that, in his estimation, has given a free pass to doctors and lawyers to commit mass tort fraud exceeding $30 billion in the past fifteen years. The editorial has sparked a small maelstrom of controversy in its comments with commenters remarking on Brickman’s credentials and other points. Mr. Brickman is a professor of law at the Cardozo School of Law of Yeshiva University.

Brickman contends that an asbestosis screening of 1,000 people will turn up 500-600 possible cases of asbestosis, whereas screenings in a normal clinical setting would turn up 30-50 cases in the same number of people. The question, say others who commented on the editorial, becomes one of a “battle of experts”. The experts for the prosecution will contend that there is no way that a mass screening could turn up so many potential cases, while those for the defense would point out that all of the flagged cases were at least borderline cases of asbestosis. In the end, even Brickman concedes that such a battle would cast a shadow on diagnoses arrived at in good faith.

Brickman is an outspoken proponent of mass tort reform who has openly contended that a small handful of unscrupulous lawyers are holding the tort system hostage over manufactured diagnoses. Brickman’s editorial is just the latest salvo in a long-running debate about the legitimacy of asbestos litigation that has involved lawyers, insurance companies, regulatory commissions and even Congress.

There is no doubt that asbestos has caused immeasurable damage. It is the only known cause of mesothelioma, a rare cancer that literally suffocates its victims by thickening the single layer lining between the chest wall and the lungs until the lungs are unable to expand and take in air. Mesothelioma affects a miniscule portion of the general population - but that percentage skyrockets when only those who worked in industries where they were exposed to asbestos dust are considered. Mesothelioma has killed over 250,000 people since 2000, and it is estimated that there will be thousands more diagnoses of mesothelioma each year.

There are no easy answers to the mesothelioma lawsuit situation. There is also no doubt that those who were exposed to asbestos and never warned about its dangers deserve justice. Brickman’s editorial points out a legitimate concern - but fails to acknowledge the reverse concern - that those who were exposed to asbestos deserve free medical screenings, have a right to know if they have been damaged and to what extent and are entitled to be compensated for the injuries and damages that they have suffered.

This entry was posted on Monday, December 31st, 2007 at 8:00 pm and is filed under Asbestos Litigation. You can follow any responses to this entry through the RSS feed. Responses are currently closed, but you trackback from your own site.