As large corporate interests continue working to destroy the rights of American citizens, something interesting is happening: The truth is coming out. In a recent report analyzing the impact of medical malpractice cases around the country, the U.S. General Accounting Office (GAO) found that the American Medical Association (AMA) has been peddling myths to the public, state legislatures, and Congress.

The AMA has asserted that doctors are leaving their practices and refusing to offer certain medical services because of the cost of medical malpractice insurance. The GAO found that untrue; the report proved that access to medical care has little to do with malpractice litigation. The GAO is very wary of claims that the tort system encourages unnecessary defensive medicine and, in fact, suggests that some defensive medicine is good medicine.

Sadly, many doctors and legislators nationwide were misled by the AMA’s claims, which prompted lawmakers in 22 states to pass medical malpractice "reform." Fraud on the public is not new, but it is tragic when it curtails people’s rights.

Also recently, ATLA’s position that the lack of insurance-rate regulation is the cause of doctors’ insurance woes was vindicated by California Insurance Commissioner John Garamendi, who slashed a major medical malpractice insurer’s proposed rate increase. SCPIE Holdings, Inc., had requested an increase of 15.6 percent; Garamendi’s denial saved 9,000 California physicians more than $23 million.

Another ominous attack on the rights of American citizens came from Maurice Greenberg, CEO of American International Group, Inc. (AIG), a major insurer. Greenberg said, at an industry conference, "The battle for tort reform must be fought state by state," suggesting that insurers would refrain from investing in states that had not restricted access to civil justice. He added, "AIG is participating in a campaign that is publishing newspaper advertisements highlighting the states with the worst tort systems." In some cases those ads "will go down to even counties."

It is wrong for large corporations to restrict people’s rights in pursuit of larger profits. But beyond that, these companies fear disclosure of insurance-industry practices that would enrage the public. In September, AIG agreed to pay a penalty in an accounting fraud case. The New York Times reported that Securities and Exchange Commission (SEC) investigators "were infuriated both by what they regarded as the initial deception and by AIG’s withholding of documents. AIG eventually turned over the requested material, commission documents show. But at one point . . . AIG misled investigators by providing an explanation that two months later was contradicted by company documents." One SEC official told the Times, "AIG did not come clean."

Corporations can afford America’s best legal talent, and their campaign to restrict citizens’ rights seeks to increase the power imbalance between plaintiffs and corporate defendants. Corporations want to limit injured people’s ability to take their claims before a jury, removed from political influence, and to exercise their constitutional rights under the Seventh Amendment.

Inspiring proof

Corporate executives should read A Measure of Endurance: The Unlikely Triumph of Steven Sharp This new book tells the story of a true hero—a young man who, at 17, endured the amputation of both arms in an incident involving a defective piece of farm equipment. When asked why his attitude remained positive after suffering such a traumatic injury, Steven said, "Well, because I’m not just my arms. My arms aren’t me." Steven knew that he had done nothing wrong to cause his injury, but he did not understand how it had happened until a caring trial lawyer stepped in and worked tirelessly to prove that the machine had a dangerous design flaw.

A Measure of Endurance takes you through the accident investigation, pretrial discovery, trial, and the final Wisconsin Supreme Court decision upholding Steven’s verdict. For readers from all walks of life, it is an inspiring story about the importance of access to the civil justice system. For trial lawyers in particular, it is an inspiring story of how a dedicated legal team—headed by Bill Manning and the late Dave McKenna of Robins, Kaplan, Miller & Ciresi in Minneapolis—made a difference. (For the book review and more information about the case, see pages 62-65.)

In 1996, ATLA established the Steven J. Sharp Public Service Award, bestowed annually on an injured plaintiff and his or her attorney for having "helped tell the story of the American civil justice system and educate state and national policy-makers and the public about the importance of consumer rights."

I would strongly urge you to read A Measure of Endurance and give copies to your clients and friends, so they can better understand what you do. Steven’s story is a shining example of why we should never allow infringement on the right to a jury trial.

David S. Casey Jr.