theinvisibleheart
New member
http://www.fed-soc.org/publications/PubID.177/pub_detail.asp
MP3 download link:
the download link doesn't work but if you have iTunes, you can download it if you search for it under "Federalist Society Audio" (it's a very interesting discussion on problem with mass torts, demonstrating that free market does work and that if incentives are right, people will try to get money whether they deserve it or not).
Mass Fraud in Mass Torts? - Event Audio
Mass Fraud in Mass Torts? 10-12-06 - MP3
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The stakes in mass tort litigation are extremely high, with settlements and awards ranging into the billions of dollars. Many mass tort cases are founded upon medical or scientific evidence developed by the plaintiffs and their experts.
Is there any evidence that significant fraudulent practices have developed with regard to the generation of scientific and medical evidence in support of mass tort litigations such as breast implants, fen-phen, mold, asbestos, and silica, or are such assertions nothing more than attempts by defendants to divert and distract?
Are procedures in place to identify the existence of any such fraud and to appropriately sanction those who engage in it?
Do some courts, by denying or limiting discovery, exacerbate any problem that might exist?
If this is a genuine problem, should specialized laws or court rules be created to deal with the specialized problems of fraudulent diagnoses and testimony by scientific and medical experts in the context of mass tort litigation? These and other questions will be addressed by our panel of experts.
Panelists included:
* Professor Lester Brickman, Yeshiva University, Benjamin N. Cardozo School of Law
* Patrick M. Hanlon, Esq., Goodwin Proctor
* Professor Francis E. McGovern, Duke University School of Law
* Joseph F. Rice, Esq., Motley Rice LLC
* Judge Douglas H. Ginsburg, U.S. Court of Appeals, District of Columbia Circuit (Moderator)
_______________________________________________________________________________________________
MP3 download link:
the download link doesn't work but if you have iTunes, you can download it if you search for it under "Federalist Society Audio" (it's a very interesting discussion on problem with mass torts, demonstrating that free market does work and that if incentives are right, people will try to get money whether they deserve it or not).
Mass Fraud in Mass Torts? - Event Audio
Mass Fraud in Mass Torts? 10-12-06 - MP3
_______________________________________________________________________________________________
The stakes in mass tort litigation are extremely high, with settlements and awards ranging into the billions of dollars. Many mass tort cases are founded upon medical or scientific evidence developed by the plaintiffs and their experts.
Is there any evidence that significant fraudulent practices have developed with regard to the generation of scientific and medical evidence in support of mass tort litigations such as breast implants, fen-phen, mold, asbestos, and silica, or are such assertions nothing more than attempts by defendants to divert and distract?
Are procedures in place to identify the existence of any such fraud and to appropriately sanction those who engage in it?
Do some courts, by denying or limiting discovery, exacerbate any problem that might exist?
If this is a genuine problem, should specialized laws or court rules be created to deal with the specialized problems of fraudulent diagnoses and testimony by scientific and medical experts in the context of mass tort litigation? These and other questions will be addressed by our panel of experts.
Panelists included:
* Professor Lester Brickman, Yeshiva University, Benjamin N. Cardozo School of Law
* Patrick M. Hanlon, Esq., Goodwin Proctor
* Professor Francis E. McGovern, Duke University School of Law
* Joseph F. Rice, Esq., Motley Rice LLC
* Judge Douglas H. Ginsburg, U.S. Court of Appeals, District of Columbia Circuit (Moderator)
_______________________________________________________________________________________________
