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John Stossel vs. John Edwards - "20/20" - 7/23/04

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Old 07-23-04, 08:15 AM
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John Stossel vs. John Edwards - "20/20" - 7/23/04

This report was originally scheduled for last week but was bumped for Martha Stewart news.

My report this Friday is about trial lawyers. Before vice presidential candidate John Edwards entered politics, he was a trial lawyer who sometimes sued doctors who delivered babies who had developed cerebral palsy. If the doctor had only done a Caesarian section, said Edwards and other lawyers, the damage could have been prevented.

Edwards says he was "helping the little people," and juries believed him. Edwards and other personal injury lawyers made millions, and it's one reason doctors started doing more C-sections. In fact, over the past 30 years, C-sections in America rose from 6 percent of all births to 26 percent of births today.

This is not a good thing. C-sections are more expensive, more painful, require longer hospital stays, and are more likely to kill a woman than a vaginal birth. The increase in this major surgery might have been worthwhile had it at least reduced the amount of cerebral palsy, but it didn't! The incidence of cerebral palsy has stayed the same! Scientists recently concluded cerebral palsy is rarely caused by birth trauma. The lawyers are not giving any of the money back. …

Today's high C-section rate is just one of many nasty, unintended consequences of America's lawsuit culture. Fear of trial lawyers brings us higher costs, fewer vaccines, and less choice in medical care.

Edwards wouldn't agree to talk, so I interview Dickie Scruggs, who is probably America's richest trial lawyer. He got a fee of $800 million for one case alone. He says trial lawyers do wonderful things.

Last edited by movielib; 07-23-04 at 09:41 AM.
Old 07-23-04, 08:26 AM
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Should be interesting. One thing not mentioned in that write-up is that recent studies indicate that celebral palsy is purely genetic, and that method of delivery has no impact.
Old 07-23-04, 10:00 AM
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it'll be funny hearing the kerry/edwards campaign talk about cheaper health care costs when trial lawyers are part of the reason costs are so much thanks to their lawsuits causing an increase in the costs of malpractice insurance. a cost which gets passed on to patients
Stossel's a good guy. there have been times I disagreed with him(not many), but he's always fair and does a good job of reporting facts and not emotional opinions

Last edited by mikehunt; 07-23-04 at 10:05 AM.
Old 07-23-04, 10:44 AM
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At this point, I'd rather have a trial lawyer in office than an oil tycoon (in general, not necessarily Edwards vs Bush/Cheney).
Old 07-23-04, 10:46 AM
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Stossel is always good and this should be no different.
Old 07-23-04, 11:03 AM
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I'll be watching this tonight. It should provide a nice break from studying for the bar exam.

BTW, has anyone read Stossel's book ("Give Me a Break")? It's on my "to read" list once I am able to veg out some.
Old 07-23-04, 11:57 AM
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Originally posted by DJLinus
I'll be watching this tonight. It should provide a nice break from studying for the bar exam.

BTW, has anyone read Stossel's book ("Give Me a Break")? It's on my "to read" list once I am able to veg out some.
Yes, I read it when it came out. Well worth it.
Old 07-23-04, 12:21 PM
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Yeah, because of the trial lawyers and all of their damned malpractice suits, I can't take any pics/film in the hospital while my wife is in labor until after the delivery is complete and the head nurse says that it is okay. ****in' Madison County.
Old 07-23-04, 05:51 PM
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Originally posted by B.A.
Yeah, because of the trial lawyers and all of their damned malpractice suits, I can't take any pics/film in the hospital while my wife is in labor until after the delivery is complete and the head nurse says that it is okay. ****in' Madison County.
Wow! That's nuts. I wasn't allowed to take pictures of any procedures when my wife gave birth (such as IV, Epidural, or C-section if she had one). But any thing else, including the birth, was a-ok. It kinda scares you. "Uh, are you planning on screwing up? What have you got to hide?"
Old 07-24-04, 02:30 PM
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Good report. The trial lawyers certainly do sometimes have legitimate cases but all too often it's junk science and emotion that are their fuel.

I had to laugh at Barbara Walters having to get in that Stossel's opinions are not necessarily hers or ABC's.

I'm glad she's leaving soon.
Old 07-24-04, 02:42 PM
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Originally posted by movielib

I had to laugh at Barbara Walters having to get in that Stossel's opinions are not necessarily hers or ABC's.
I rarely watch 20/20, but did tonight. Does she usually have that disclaimer for Stossel's reports?

Stossels' report was great, BTW. It made me think of a classmate of mine who clerked at a personal injury firm. When OH passed tort reform, he was seriously bummed.
Old 07-24-04, 03:41 PM
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So I assume Stossel advocates statutory medical malpractice caps?

Yeah, that is all well and good, but if anyone thinks your insurance costs are going to go down with such caps, I've got some nice property for you. The fact is that the little guy is going to get fleeced either way - pick your poison.

Also, all I ever hear is that this all the trial lawyers faults. How about some fault going to J6P sitting on the juries and the so-called intelligent folks who constantly get out of jury duty? If people are so concerned about this, then do your civic duty. Yeah, I hate junk science too but it takes two to make it work: one to sell it and one (actually a majority of a jury) to buy it.

The Barbara Wawa comment was very funny.


The first story last night - on the kidnapping - was truly disturbing.

Last edited by Red Dog; 07-24-04 at 03:47 PM.
Old 07-24-04, 05:43 PM
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Damn I thought it was 'The Crossing Over' guy.
Old 07-24-04, 06:46 PM
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Originally posted by Red Dog
So I assume Stossel advocates statutory medical malpractice caps?

Yeah, that is all well and good, but if anyone thinks your insurance costs are going to go down with such caps, I've got some nice property for you. The fact is that the little guy is going to get fleeced either way - pick your poison.
I don't know if Stossel advocates statutory caps. I'm quite uncomfortable with them myself; I think they're pretty unlibertarian. I think a solution lies in better informed and more courageous judges who will throw out the junk before it gets too far. No solution will ever be perfect.
Also, all I ever hear is that this all the trial lawyers faults. How about some fault going to J6P sitting on the juries and the so-called intelligent folks who constantly get out of jury duty? If people are so concerned about this, then do your civic duty. Yeah, I hate junk science too but it takes two to make it work: one to sell it and one (actually a majority of a jury) to buy it.
I agree that too many people on juries are idiots. Again, I think the judges are key.

The Barbara Wawa comment was very funny.
I thought her name was Baba Wawa.
The first story last night - on the kidnapping - was truly disturbing.
I didn't watch it but I still have it on my TiVo.
Old 07-25-04, 08:33 AM
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Originally posted by movielib
I don't know if Stossel advocates statutory caps.

This was the problem I had - he didn't offer any solutions.
Old 07-25-04, 09:55 AM
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Originally posted by DJLinus
BTW, has anyone read Stossel's book ("Give Me a Break")? It's on my "to read" list once I am able to veg out some.
I read the book. It's a little preachy on the libertarian/free market front, but also a very good look at Stossel's growth as a journalist and his views on working in/with the "liberal media".

I would recommend it, especially to libertarians, conservatives, and those interested in the media.
Old 07-26-04, 12:50 AM
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Lawyers always point out that it's the bad docs that get sued over and over again. But everytime you hear some idiot say that, remember that about 75% of obstetricians have gotten sued at least once over their career. The good news is, eventually every trial lawyer is going to get sick and going to need a doctor.

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