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Summer 2008
CALA warns that many questionable sites sponsored by personal injury
lawyers looking for class-action clients; Texas AG issues consumer alert
Health-related Web sites sponsored by personal 65% of search results on two FDA-approved
injury lawyers may appear to be credible online prescription drugs – Crestor and Avandia – were
resources but are often designed to “sell, deceive or for sites containing biased or unverified negative
frighten” health care consumers, according to a new information. Nearly half of the first three pages of
national study by the Center for Medicine in the Public search results belonged to class action law firms or
Interest (www.cmpi.org). legal marketing sites searching for plaintiff referrals.
The CMPI study found that many “medical Texas Attorney General Greg Abbott recently
information” Web sites have not been created by issued a consumer alert urging Texans to check the
reputable health care sources, but by personal injury source of online health information. In its alert, the
lawyers trolling for clients. AG’s office noted that what often appears to be a
“As more and more patients rely on the Internet medically-oriented Web site may be an advertising
for health information, it’s important to distinguish tool for a third party with a vested financial interest in
between bona fide health resources and cleverly- promoting its particular view.
masked personal CALA leaders from
WARNING
injury lawyer Web around the state joined
”
sites, said Dr. Evelyn Merrill and Jenkins for a
Tobias Merrill, a Capitol news conference
board-certified family on the issue including Bill
physician, board Summers, president, Rio
member of Texans Grande Valley CALA; Connie
Against Lawsuit Abuse and the spokesperson for Scott, representing Bay Area CALA; and Diane Davis,
the national Sick of Lawsuits campaign. “Misleading executive director, East Texans Against Lawsuit Abuse.
or inaccurate information sponsored by some The Texas Academy of Family Physicians (TAFP)
personal injury lawyers poses a serious health issued a statement in conjunction with the news
threat, especially if bad information shapes patients’ conference, warning patients to “use a discerning
health care decisions. ” eye when seeking medical advice or other health
Bobby Jenkins, chairman of the Citizens Against ”
information on the Internet. The Texas Medical
Lawsuit Abuse of Central Texas (CALA), said Texas Association and TAFP both offered consumers tips on
CALAs are concerned by this aggressive trolling for how to find trustworthy medical information Web sites.
clients that has now spread to the Internet. According to the CMPI study, roughly 8 million
“These aggressive tactics are very powerful, ” Americans search for health information online every
Jenkins said. “Consumers need to be very aware of day. (Source: Pew Internet & American Life Project).
the health information they find on the Internet and Seventy percent of Americans in the Pew study said
we urge them to talk to their doctor if they are thinking they had access to the Internet, and 80 percent of
of changing their course of treatment based on those said they’ve turned to the Internet for health
something they have seen or heard. ” information at some point. Unfortunately, three
Specifically, the CMPI study found: quarters of these individuals rarely, if ever, check the
Patient’s seeking expert advice about their ailments sources of the material they find.
or medications are instead directed to Web sites Merrill noted that the CMPI study shows more
designed to create and exploit medical anxiety. and more patients are basing medical decisions on
These Web sites dominate the results from searches information found online. The CMPI results
for health information.
track other studies, including a July 2007 study from making money than in helping patients.
Prospectiv, an online advertising firm, in which more According to a 2005 survey by the national
than seven in 10 respondents said they viewed the Sick of Lawsuits campaign:
Internet as “their most trusted and reliable resource Eight of 10 Americans surveyed believe that personal
for researching ailment and drug information. ” injury lawyers who file lawsuits over medicines and
Additionally, 35 percent of consumers participating other healthcare remedies are more interested in
in a recent Pew survey said the information they making money than in helping patients.
found online affected a decision about whether to 79 percent of those surveyed are concerned that
see a doctor. frivolous lawsuits have made it harder for them and
“These statistics are especially disturbing when their family to get affordable health care.
you know, as the recent CMPI shows, that much of the “These aggressive and ever-present personal injury
medical ‘information’ on the Web is designed to ‘sell, lawyer advertisements and Web sites hurt our health
”
deceive or frighten’ rather than inform, said Merrill. and our health care system when they encourage
From the CMPI study, it is obvious that one new people to make medical decisions without talking
technique for gathering parties for class action to their doctor or when they encourage people who
lawsuits is to create Web sites which patients will find ”
haven’t been injured to sue, Merrill concluded.
when searching for medical advice, Merrill added. Merrill urged Texas consumers to protect
“Clearly, these Web sites cannot be relied upon themselves with a few simple guidelines:
”
for balanced and accurate information, Merrill said. Know the source of the information on the Web site
“Basing medical decisions on propaganda and fear and its purpose.
pushed by personal injury lawyers could have a When you need medical information, ask your
devastating result on a patient’s health. Doctors, not doctor, not a lawyer
lawyers, are the best source for health information. ” Don’t believe everything you read. In his forward
Merrill noted that while Americans say their to the CMPI study, CMPI President Peter Pitts quotes
health care decisions can be influenced by lawyer Mark Twain, “Beware of health books. You might
advertising, most also recognize that many of the ”
die of a misprint. And the same can be said of the
lawyers involved in this process are more interested in World Wide Web.
Texas State Radio Network News 8 Austin
March 25, 2008 March 25, 2008
Texans Against Lawsuit Abuse board member “Legal watchdog groups said some personal
says not all medical Web sites are created equal. injury lawyers sponsor Web sites that have
medical information, but they're actually trying
KXAN-TV (NBC) Channel 36 to ‘sell, deceive, or frighten’ consumers. [Texas
Attorney General Greg] Abbott warned that
March 25, 2008 these ads have serious medical implications. ”
“… 65 percent of the search results done for
drugs like Avandia and Crestor are posted by Southeast Texas Record
law firms and legal marketing firms, hoping that
eventually you'll become a client and that has March 25, 2008
some concerned, especially the Texas attorney Legal watchdog warns against health Web sites
general, Greg Abbott. He alerted consumers sponsored by personal injury lawyers.
about checking their sources of online health “The Center for Medicine in the Public Interest
information and members of Citizens Against study found that many ‘medical information’
”
Lawsuit Abuse are concerned as well. Web sites have not been created by reputable
health care sources, but by personal injury
”
lawyers trolling for clients.
The news is in: Texans have benefited from On the heels of the Forbes piece, the U.S.
reforms to our tort system that injected a high level Chamber’s Institute for Legal Reform (ILR) again
of common sense and fairness into our courts. The ranked Texas as one of the 10 worst legal climates in
changes have helped put more money into our the country.
economy and create more full-time jobs. It’s clear that we remain at the mercy of a handful
A new report by economist Ray Perryman shows of rogue jurisdictions where uneven justice and
lawsuit reforms enacted in the state beginning in unfair legal practices are commonplace. According
1995 have resulted in $112.5 billion in annual to the U.S. Chamber of Commerce, the Rio
spending in Texas. What’s more, reforms Grande Valley and the Gulf Coast are still
have resulted in 499,000 new, regarded as unfair legal environments
permanent jobs and a $2.6 billion due to the higher number of
increase in state tax revenue. lawsuits, large awards and unfair
Yet, while we’ve clearly day-to-day practices in terms of
benefited from needed class certification, discovery,
changes to our civil justice evidentiary rulings and
system, some areas of jury instructions.
Texas remain a bastion Both the ILR report
of legal abuse with and Forbes article echo
verdicts and rulings that the most recent annual
defy both logic and law report from the American
and continue to give Tort Reform Association
the impression that you (ATRA), which dubbed
can’t get a fair trial in South Texas a “judicial
Texas. More recently, the hellhole” for the sixth year
Valley’s reputation has gone in a row.
national. By now, many of us have
Forbes Magazine listed heard the well-used quote
the Texas Gulf Coast and Rio from personal injury lawyer
Grande Valley as one of the “worst Dickie Scruggs, who summed
places to get sued” in the entire up the personal injury lawyer view
country. The region beat out a lot of of “magic jurisdictions” (such as the
jurisdictions to earn this distinction. “
Valley) as a place where , Cases are not won in
Walter Olson, a senior fellow at the Manhattan the courtroom. They’re won on the back roads long
Institute was quoted by Forbes Magazine, “If you before the case goes to trial. Any lawyer fresh out of
put pins on a map for the top 50 most outrageous law school can walk in there and win the case, so it
verdicts, bizarre run-away juries and so forth, you doesn’t matter what the evidence or law is. ”
would find this belt around the Gulf Coast that What a shame.
runs from southern Texas across Mississippi, Our judicial hellhole reputation in the Rio Grande
Louisiana, Alabama and Florida. These are also Valley – and the personal injury lawyers who exploit
some of the places people consider the worst the system – make a mockery, not only of our justice
places to get sued. ” system, but of our communities.
This is not the fun and frivolous top ten list of Now we’ve been called out by a well-respected,
David Letterman. This is a list that will make people national publication for a hellish court system that
stop and think about doing business in the Valley continually serves up uneven justice to line the
and in the state as a whole. pockets of personal injury lawyers.
These distinctions can cost the state new Yet, as the hits keep coming, we take every
business and new jobs. In a recent survey of opportunity to shine the spotlight on the abuses
company lawyers across the country, six in 10 said in our system and to urge local voters to hold our
the litigation climate in a state is likely to impact courts accountable. Together, we can put an end to
their business decisions, such as where to locate the greed-fueled notoriety that plagues us here and
or do business. continues to sully the proud landscape of Texas.
Judges have great power over our laws and These elections will determine who will be on
our lives. They make decisions that affect our the front lines of many critically important decisions
community safety, environment, health care, jobs for our state and our community.
and schools. Judicial elections give voters an important
We have the power to decide who sits on the voice in who is protecting their interests in the
bench. On November 4, 2008, Texans will vote in legal system. As citizens, it is our responsibility to
critically important elections that will determine become informed and vote for judges we can trust.
who presides over our courts for the next six years You can help by letting your friends, members or
or longer. supporters know that Good Judges Matter!
Visit www.TALA.com for more information about this important issue.
Bay Area CALA at (361) 883-1865
or visit www.bacala.net
CALA of Central Texas at (512) 481-1000
or visit www.calactx.com
East Texans Against Lawsuit Abuse (ETALA)
at (800) 44ETALA or (903) 234-8300
Houston CALA at (713) 267-2302
or visit www.calahouston.org
Rio Grande Valley CALA at (956) 968-3141
or visit www.citizensagainstlawsuitabuse.com
or visit us at www.tala.com
