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Balancing out the Democratic Ticket: A Wealthy Attorney Picks Another Wealthy Attorney
IntellectualConservative.com ^ | July 11, 2004 | Rachel Alexander

Posted on 07/11/2004 10:16:59 PM PDT by az4vlad

What does John Edwards add to the Democratic Party ticket?

The Kerry campaign is trying its best to spin the selection of wealthy trial lawyer John Edwards for VP by portraying Edwards as the son of a textile mill worker, a regular guy who can relate to the South and middle America. This is not the whole truth, and it is not surprising considering the source: two lawyers well-versed in skewing arguments. In actuality, Edwards’ father became a supervisor at the mill and later formed his own consulting business. Edwards’ mother managed and owned a furniture refinishing antique shop and later worked for the U.S. Postal Service, so Edwards grew up with the benefit of dual incomes. Senate financial disclosure documents estimate Edwards’ current wealth at between $12 million and $60 million – built from his share of the multimillion-dollar awards he won for his clients, which for trial lawyers is usually a 33% share. He lives in a $3.8 million dollar house located in a posh area of Georgetown, and owns two additional houses each worth over a million dollars. His wife is also an attorney.

When John Kerry was asked on Larry King in an interview last week whether or not Edwards’ trial lawyer background negatively affects the ticket, Kerry responded no, asserting that it was an asset. There is a disconnect here, because many Americans feel that trial lawyers are a big part of what is wrong with society.

Many trial lawyers today encourage people to sue simply because they don’t like the results – not because they were actually injured or wronged, and regardless of whether it was caused by their own error. As a result, doctors are terrified to perform risky surgery on patients, such as essential emergency operating room surgery, knowing full too well that if Mr. Joe Patient decides afterwards that if he does not like the outcome he may sue, and a sympathetic jury that does not understand medical procedures may feel sorry for him. Across the U.S. today, critically injured patients are rushed to hospital emergency rooms, only to be told that no doctor dares operate on them for fear of medical malpractice lawsuits, and so the patients wait hours, only to be seen by a resident with little experience who performs the risky surgical procedures.

This problem has been exacerbated by the Democrats’ socialization of medical care. Federal law now mandates the maximum fees doctors may charge for medical procedures, and so doctors are no longer willing to risk performing extremely difficult surgeries plus 30 days of follow-up care for a few hundred dollars, especially when their work may might result in a million doctor verdict against them, putting them out of business. Horror stories are beginning to crop up of patients who need emergency surgery but fail to obtain it within critical time, resulting in death or more serious injury. Malpractice insurance for doctors currently costs doctors around fifty to hundred thousand dollars per year, and as much as hundreds of thousands of dollars in some practice areas such as obstetrics. Even if a doctor who has been sued is exonerated by the courts, many insurance companies still raise their rates or drop their coverage based on complaints only. Bright college students who are aware of these problems in the medical profession are opting for other careers instead.

Many of Edwards’ huge verdicts have come from jurors who are easily persuaded by “junk science” experts. Sadly, many so-called “experts” will say anything if paid the right amount. Edwards won these types of verdicts by accusing doctors of causing cerebral palsy while assisting with births, even though a recently sponsored study by gynecologists that found that most cases of cerebral palsy are caused by factors outside of doctors’ control. Doctors in obstetrics have been the hardest hit by trial lawyers’ medical malpractice lawsuits, forcing many of them to quit delivering babies altogether. In many hospitals, it is common for the staff to tell women not to give birth at night since there are no doctors available, not even on call.

The American Tort Reform Association calls Edwards “a wealthy personal injury lawyer masquerading as a man of the regular people.” Edwards is not just any old trial lawyer, he is one of the most successful attorneys to sue doctors ever. From 1990–2001, his wins constituted more than one quarter of the total $448 million in verdicts for medical malpractice awards in North Carolina, according to a North Carolina insurance company.

Not surprisingly, tort lawyers are closely identified with the Democratic Party. Last year the Association of Trial Lawyers contributed more money to the Democratic Party than did any other PAC. Since 1990 trial lawyers have contributed more money to federal campaigns than any other special interest group, and almost all of this went to Democratic candidates. With Edwards in power, the trial lawyers will become even wealthier and more powerful, as our medical profession shrinks. There will no possibility for meaningful tort reform.

So why is everyone so excited about Edwards? He doesn’t balance out the ticket, since he is one of the most liberal members of the Senate along with Kerry. The National Journal’s 2003 congressional vote ratings listed Kerry as the most liberal Senator in the Senate, with Edwards close behind as the fourth most liberal Senator. Edwards doesn’t stand out for his intelligence, either. When asked how Edwards performed in high school, a former classmate from high school, Darrell Powers, stated, “He did ok. He was a long way from being valedictorian.” So what does he add to the ticket? Apparently youth, good looks, the Association of Trial Lawyers, and the dubious distinction of making the Democratic ticket the most liberal one since 1972, when George McGovern and Thomas Eagleton/Sargent Shriver lost every state except Massachusetts and D.C.


TOPICS: Constitution/Conservatism; Editorial; News/Current Events; Politics/Elections; US: North Carolina
KEYWORDS: 2004election; democraticticket; johnedwards; johnkerry; medicalmalpractice; presidentialrace; triallawyers; vicepresident

1 posted on 07/11/2004 10:17:00 PM PDT by az4vlad
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To: az4vlad

Edwards was right that there are two Americas, one creates wealth and one schemes to expropriate wealth. Kerry marries wealth and Edwards uses the courts, but both believe that a primary purpose of government is to control the allocation of wealth.


2 posted on 07/11/2004 10:31:23 PM PDT by Libertarianize the GOP (Make all taxes truly voluntary)
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To: az4vlad

Hair and (un)Balanced. You decide.


3 posted on 07/11/2004 10:35:53 PM PDT by Vision Thing (Kerry-Edwards: For men and women who vote under the influence of their own estrogen)
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To: az4vlad

These two represent the most anti-American ticket ever assembled. They are a gigolo thief and a just plain thief. Neither has ever produced or contributed anything to the economy or justified their consumption.


4 posted on 07/11/2004 10:42:27 PM PDT by Navy Patriot
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To: az4vlad
What makes Edwards most dangerous for the Bush campaign is his uncanny ability to play on the emotions of his audience to win his arguments. Many of the voters will not be able to see through his emotional pitch and understand the truth of the matter. An comprehensive analysis of Edwards' legal career by The Boston Globe in 2003, makes this point:

But some of Edwards' critics say that as a trial lawyer, he relied more on his verbal skills than the latest scientific evidence to persuade juries that the doctors' mistakes had been instrumental in causing the cerebral palsy in the infants.

Edwards' trial summaries "routinely went beyond a recitation of his case to a heart-wrenching plea to jurors to listen to the unspoken voices of injured children," according to The Globe.

The Globe cited an example of Edwards' oratorical skills from a medical malpractice trial in 1985. Edwards had alleged that a doctor and a hospital had been responsible for the cerebral palsy afflicting then-five-year-old Jennifer Campbell.

'I have to tell you right now -- I didn't plan to talk about this -- right now I feel her (Jennifer), I feel her presence,' Edwards told the jury according to court records. "[Jennifer's] inside me and she's talking to you ... And this is what she says to you. She says, 'I don't ask for your pity. What I ask for is your strength. And I don't ask for your sympathy, but I do ask for your courage,'"
5 posted on 07/11/2004 11:15:54 PM PDT by jonrick46 (jonrick46)
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To: Navy Patriot

So what are the cases that Edwards earned his millions on?

This article hints at a few. We should be able to get a list.


6 posted on 07/11/2004 11:16:49 PM PDT by Pikachu_Dad
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To: az4vlad

Evidently, Kaptain Ketchup believes that Edwards is most like him. Edwards is a money-grubbing shyster and ambulance-chaser.


7 posted on 07/12/2004 12:35:11 AM PDT by punster
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To: az4vlad
Obligatory Flush the Johns in '04!bump!

Interesting sidelight: My first ex-wife is an OB-GYN/Labor Delivery nurse. She informed me several years ago (and there may be someone on this thread in a better position to know the current regs) that hospitals are required to maintain birth records for 21 years after a baby is born so that if some "birth defect" penumbras in those 21 years, the records will be available to the lawyers.

The Trial Lawyers Guild (Cheatum, Fleecum and Run, LLC, et al) may have had something to do with this rule.

8 posted on 07/12/2004 2:51:24 AM PDT by Taxman (So that the beautiful pressure does not diminish!)
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