Let courts decide!

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Thanks Bev for a great article.

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Sent: Thursday, April 24, 2003 6:29 PM

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KNAPPSTER

Knapp is a longtime reporter and anchor for KLAS Channel 8.

Thursday, April 24, 2003Copyright © Las Vegas Mercury

Knappster: Let courts decide merits of implant suits

By Knapp

Two weeks ago in this space, we detailed the struggle of dozens of Nevada families to obtain a small measure of relief from the state Legislature. An unknown number of Nevada women say they are suffering debilitating health effects because of breast implants they received years earlier, effects that did not materialize until many years after they underwent the procedures. We suggested that anyone interested in this issue should call their lawmakers to urge the passage of Assembly Bill 50, which would have extended the statute of limitations for the women and their families to seek relief in court.

Predictably, AB50 died a quick death without even receiving a committee vote. A number of excuses were given. Sparks Assemblyman Bernie , chairman of the Judiciary Committee, told the women that he didn't want to tamper with the statute of limitations because such an action would be unprecedented. He also said he didn't think the bill had enough support to pass (despite having 17 co-sponsors). And finally he told the women he wouldn't allow the vote because it didn't have the support of all-powerful Senate Majority Leader Bill Raggio.

Subsequently, a Mercury reader named Dan Shepard took Knappster to task for my "poorly researched, hysteria-inciting article" and suggested that I be disciplined. Hey, a little discipline is okay with me, as long as it's gentle. By that, I mean I wouldn't want it to be administered by either Kiraly or Full Metal Critic. Mr. Shepard correctly pointed out that several prominent medical studies have concluded that there is no evidence of a connection between breast implants and medical problems reported by tens of thousands of American women. He concluded by suggesting that to allow these women their day in court would amount to the perpetuation of "frivolous lawsuits."

A couple of points need to be made clear. Yes, there have been major studies within the medical establishment that have concluded there is no danger from silicone implants. It's also true that other studies have found such connections. More pointedly, some very promising studies investigating a link between the wretched health problems of these women and tiny releases of platinum associated with the breast procedures were cut short before completion. (A government scientist proposed a definitive study on this question four years ago but his proposal was rejected because of budgetary constraints.) AB50 would not have made a judgment one way or the other about the merit of the individual cases. It merely would have allowed these families to pursue their claims and prove their cases--or not--in court. The courts already have remedies for dealing with frivolous lawsuits. Should we decide their cases before they are heard?

I suppose Dow Corning agreed to set aside $6 billion for the settlement of similar claims out of the goodness of its warm and fuzzy corporate heart. That must also be why Dow went into bankruptcy protection, knowing that the 170,000 or so claims were all frivolous and could be easily beaten in court. If Dow truly believed this was all a creation of Oprah Winfrey's scare tactics, I suspect the company would have crushed a few defendants in court and then watched as the others scattered, rather than putting up $6 billion in cold cash. But that's just me, stirring up a little hysteria.

This issue isn't just about the women who have claims. Their health problems are our financial problems. Las Vegan Gaylene Ausem, for example, has already gone through a million dollars in insurance benefits that were accrued during her years with the Metro Police Department. The huge bills for her myriad unexplained ailments are now being paid for with tax dollars. She and most of the women in similar situations have been forced into the public health system, which means we are all paying for their ongoing health nightmares, nightmares which, we are told, have nothing to do with the gunk that was injected into their bodies, but with medical bills that will certainly continue to escalate for years to come.

"We're draining state and local services," she says. "Why not allow us at least a chance to get a judgment? If we don't win our cases, fine, but if we do, we could pay for our own medical expenses and perhaps bring millions of dollars into our state. I would think the insurance companies would be happy to get us out of the picture."

People are pretty quick these days to advocate putting titanium handcuffs on the jury system. Juries can't be trusted, we are told, whether it's medical malpractice or home construction defects or tobacco lawsuits or silicone implants. But juries have been a bulwark in the defense of our rights and property for more than two centuries. Our courts represent the most fundamental equalizer, the place--the only place--where even the most humble citizen can prevail over massive governmental bureaucracies and deep-pockets corporate interests. Those who argue that we "don't want to mess with the sanctity of the statute of limitations" are the same folks who are all too eager to impose restrictions on the abilities of jurors to decide a case on its merits.

If it is true that there is no basis for these claims, courts should be trusted to reach reasonable decisions. It's not like Dow Corning would be represented in such proceedings by some public defender from Gabbs. Any claimant who takes on the company would be up against the best legal talent that corporate billions could buy. Any claimant who might prevail in such a setting would need compelling evidence, evidence that a panel of unbiased private citizens would be required to honestly adjudicate. But, of course, if you don't believe in the most basic right of Americans--that of a fair hearing in a court of law--then I suppose such an argument amounts to little more than hysteria.

AB50 is supposedly dead. (We've all read similar proclamations about the governor's tax plan.) The truth is that nothing is dead in Carson City until the session is over...maybe not even then. If the studies about breast implants are so overwhelmingly compelling, then the breast implant industry has little to fear. Denying these women their day in court for reasons that seem far more specious than the supposedly bogus medical evidence about implants strikes me as more than a little odd, especially in light of the financial consequences that all of us must bear.

About town...and

beyond

Those local males who are worried that their significant other might drag them to see the hit musical Mamma Mia can take some solace in this informal review. On Knappster's own preferred list of musical acts, the Scandinavian warblings of Abba would rank well below the offerings of Hendrix, Stevie Ray, B.B. King, Elvis and Hank , acts whose talents are well beyond the grasp of the trend-obsessed, self-appointed critics who run this fine publication. Nonetheless, I can report that the Mamma Mia production at Mandalay Bay is not unpleasant. If you can get through the first 15 minutes without a seizure, the damned thing is sorta fun. I'm lying. It's a lot of fun. As a certified, founding member of the Regular Guy Institute of America, I give this production a hearty thumbs up and declare it an acceptable outing for Regular Guys everywhere. Fear not. ... Our item last week about an inquiry by a national news outlet into the inner workings of the local courts generated a few off-the-record responses. The outlet in question is the L.A. Times. The Times has been looking into relationships between local judges and particular law firms. Reporters have relied on a computer tracking system to scrutinize whether some judges have been funneling work to their ex-law partners and/or campaign contributors. Courthouse insiders say the reporters have been poking around in this arena for more than a year but are still in search of a smoking gun. At least a few local judges have agreed to be interviewed, while several have declined. One well-known former judge has been mentioned as a vociferous and unabashed source for the media inquiry. The reporters are also known to have contacted numerous local attorneys. Impending articles are likely to paint an unflattering portrait of the Las Vegas legal community. ... Few locals may remember this name, but former Air Force Master Sgt. Pryor passed away earlier this month. Sgt. Pryor's departure was certainly noted by his colleagues in Roadrunners International, an organization of Cold War veterans who worked in obscurity at an unnamed facility (that means Area 51) on projects that were critical to America's military prowess over the last half-century. The Roadrunners acknowledge that Pryor was a "top-notch" participant in Project Oxcart, the ultra-secret program that led to the development of the SR-71 spy plane, the Blackbird, unquestionably the greatest airplane ever built, and still a goddamned marvel of engineering. Pryor was 83. A plaque will be dedicated in his honor in the Blackbird Courtyard at Plant 42, the Lockheed facility in Palmdale where the Blackbird was built.

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