John Edwards Cont.

There's been some great insight on the John Edwards-"junk science" issue (which began with a comment by Walter Olson at overlawyered.com), from blog 702, David Bernstein at the Volokh Conspiracy, more from overlawyered, and from Franco Castalone at the Litigator here and here (with a response today from overlawyered).

One comment: Whether motivated by an ethical duty to act zealously, or by a financial motive (aligned with the client's) for a large verdict, or both, plaintiffs' lawyers are working within the system when they present their very best case to a jury. Even so, some commentators are now suggesting that plaintiffs' lawyers who act "zealously" have an unfair advantage over the defendant, such that the duty should be ratcheted down a notch--say to "honorably," as is apparently the case in Arizona. (Whatever the terminology, of course, a lawyer cannot act unethically or criminally).

Why doesn't anyone discuss the defense lawyers? So far, the commentary seems to leave out the role of the defendant's own zealous advocate. As I pointed out here, you'd think from reading the commentary that defendants don't get their own lawyers, who are generally skillful in pointing out flaws in the plaintiff's case. It's another reason the system works. Toying with the definition of a lawyer's ethical duties isn't necessary. When the advocacy on either side strays from the skillful to the unfair, the other side stands ready to cry foul or to take advantage of flaws in the case exposed by the over-zealousness. I don't buy the assumption that plaintiffs' lawyers have an inherent advantage or are by definition better advocates than the defense.

Comments

[Kathy]

Is it true that John Edwards sued Doctors over the issue of Cerebral Palsey being the fault of Doctors??????It truly is a genetic problem just like Down Syndrome and Autism.Truth is truth and getting rich on lies is disgusting.But God is our judge. kathy

[Donna]

The main cause of Cerebral Palsy is the lack of oxygen to the brain of the unborn baby. This same thing happened to my cousins son. The nurse was instructed to watch the fetal monitor and alert him of any changes. Instead the nurse left the room. The fetal monitor started showing signs of no oxygen getting to the brain and by the time the doctor came in and they rushed her in for a C-section it was too late. Brendan was born with cerebral palsy and will never walk or communicate normally.

[Sommiel]

A fetal monitor only records fetal heartbeat, and contractions. The monitor has no way of indicating whether there is any blood getting to the brain or not. The monitor shows the baby is in distress, by recording the hearbeat, which commonly speeds during contractions.

In the past, physicians and scientists attributed most cases of cerebral palsy to asphyxia or other complications during birth if they could not identify another cause. However, extensive research by National Institute of Neurological Disroders and Stroke scientists and others has shown that very few babies who experience asphyxia during birth develop encephalopathy soon after birth. Research also shows that a large proportion of babies who experience asphyxia do not grow up to have cerebral palsy or other neurological disorders. Birth complications including asphyxia are now estimated to account for about 6 percent of congenital cerebral palsy cases.

You can either listen to science, or listen to one person you know and feel strongly about. Donna, you are part of the reason that overwrought and emotional juries make high awards, and soon, no doctor will be able to afford the pratice of obstetetrics. Then we can go back to the days when women died in labor.

In Africa, where there is not access to skilled medical personnel, one in 16 women dies in labor. That statistic, from the UN, states that a woman giving birth in Africa, is 175 times more likely to die during childbirth. You would think, due to supposed modern birthing methods, that statistics would show a decrease in cerebral palsy, when in fact, it does not.

Never allow emotion to overcome reason, it leads to lunacy.

[susan doran]

while comments of this type contine, babies born with hypoxic ischeanic encephalopathy will never be given the compensation that is wrightfully theirs due to the basic negligence of the obstetric and paediatric teams that are supposed to be their to safegaurd the babies that would have been otherwise delivered safe and well. Doctors and others in the profession, are now not only denying their wrongdoing, but changing medical terminology so as not to implicate themselves. Well if you don't want to implicate yourself, then do no wrong and don't try to cover it up afterwards. Cerebral palsy is not a genetic problem and it's about time people were aware of the facts, and not assumptions.