July 2, 2001 - High Jury Awards Give Mississippi County a Reputation As a Haven For Trial Lawyers

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In recent years Mississippi has earned a reputation of a haven for trial lawyers because of the state's high jury verdicts and more than fair settlements. Since 1995, at least six jury verdicts have topped $100 million.

For example, just in a Jefferson County, two separate settlements in diet drug cases have totaled a reported $600 million.

Mike Hotra of the American Tort Reform Association in Washington describes Jefferson County as a "hell hole" for corporate defendants, joining some counties in southern Illinois, West Virginia and California; and is "a place used as a conversion mechanism to transfer money from corporate defendants to a few plaintiffs and personal injury lawyers." "These jurisdictions attract speculative litigation like moths to a flame," he said.

Trial lawyers say they simply use Mississippi's legal system to seek justice for wronged and injured people. If it means whopping verdicts or settlements from drug makers, tobacco companies and other businesses, they feel that their job is done.

However, some critics say that Mississippi's reputation for "jackpot justice" is a black eye for the state because the national publicity is hurting economic development and pushing up the cost of living for every Mississippian.

The first Mississippi multimillion-dollar settlement was achieved in an asbestos case in 1995. Because of that first case, people seem to think Jefferson County people give good verdicts.

A Jefferson County jury awarded 12 plaintiffs $48.5 million in compensatory damages against several asbestos manufacturers. A year later, a jury awarded $150 million in damages to two residents who claimed the diet drug fen-phen gave them heart and lung problems.

Mississippi's civil rules are at the heart of much of the debate surrounding the cases because the state requires only one party from a particular county to file a lawsuit against any out-of-state corporation.

Although Mississippi does not allow class-action lawsuits, judges can consolidate similar cases under the Mississippi Rules of Civil Procedure. Law suits against large companies have a negative impact on the state's economy because if a state is known as a place where you can be sued out of existence and juries are inclined to give large verdicts, big companies will be inclined to stay out of Mississippi.

Also, as a result of big jury verdicts, the insurance companies are withdrawing their business from the state or stopping sale of certain kinds of insurance. Big verdicts have also changed the way many doctors practice medicine. According to the Mississippi State Medical Association, only 10 percent of the state's family physicians now deliver babies.

"It's time the media and public realized how this type of lawsuit abuse is driving up the cost of health care and making it harder for Mississippians to get the medical treatment they need and deserve," said Dr. Hugh Gamble II of Greenville, the state association's president.

In response, the state officials said that they support some.phpects of tort reform in the state such as placing a limit on punitive damages.

The Pistotnik Law Offices handles all personal injury cases including, but not limited to:Large truck accidents, car accidents, injury cases, injury victims, reckless driving, negligence, torts, car accident victims, damages, wrongful death, vehicle accidents, pedestrians, cyclists, motorcycle accidents, third party lawsuits, damaged cars, insurance settlements, auto accidents, medical bills, permanent injury, rear-end collisions, liability insurance, property damage, minor injuries, insurance coverage, truck accident, tractor-trailer accidents, paralysis, paralyzed, eaglemed, Lifeflight, Wesley Medical Center, Via Christi, St. Francis hospital.

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