Vested Interest - June 2003 Issue

The President’s Thoughts

As your new President, I had intended on introducing myself in this first President’s page while outlining some of my ideas for the upcoming year. No such luck. Unless you have been living under a rock during the last several months, you know that President George Bush has made nationwide tort "reform" of medical malpractice cases one of his highest domestic priorities. Backed by the medical community and insurance industry who contributed mightily to the President’s election efforts in the year 2000, H.R. 5 was passed out of the House of the Representatives in March and now sits in the United States Senate where a fierce fight wages over the bill’s survival.

Federal efforts to limit victims’ rights to full and fair justice is nothing new. A year doesn’t go by that assaults aren’t made to chip away at the civil justice system so that big medicine, big insurance, and big business can reap the financial rewards. What’s different now is the fervor with which they are launching their attack emboldened by a Republican House, Senate, and Executive Branch for the first time since Dwight Eisenhower was President. Coupled with the insurance industry’s self-inflicted medical malpractice insurance crisis, the "reformers" believe this is their golden opportunity to pass special legislation granting personal protection for negligent acts while lining the pockets of the insurance industry, all at the expense of your clients, of course. Should you be concerned? You bet. Is there anything you can do? Plenty.

You can start by joining the Association of Trial Lawyers of America (ATLA). A recent check of ITLA members reveals that only 51% are also members of ATLA. That percentage should be much higher, especially considering that for the foreseeable future attacks on the civil justice system will be coming from Washington, not Springfield. Better yet, I would strongly urge you to join the Leadership Forum formed by ATLA following the November 2002 elections. The Leadership Forum is a three-tiered program that allows members to donate between $1,000 to $5,000 per month as dues for ATLA. This increased dues program is 85% tax deductible to your firm and provides many benefits which make it particularly attractive. The dues are used to fund ATLA’s upgraded marketing, lobbying, and legal efforts to fight this legislation. Over 20 Illinois firms have joined this Leadership Forum since November 2002. You should too. Please direct any questions regarding ATLA’s Leadership Forum firm membership to Lisa Velapoldi at (800) 424-2725, ext. 382, or by e-mail at lisa.velapoldi@atlahq.org.

You should also be sending letters to your clients informing them of the assault on their rights and what they can do to help. Encourage your clients to write, call, or e-mail Senators Peter Fitzgerald and Richard Durbin requesting that they vote against this mean-spirited legislation. If you should need some assistance in formulating a letter to your clients, please call the ITLA office or access the Center for Justice & Democracy website at www.centerjd.org where some examples can be obtained.

Many firms also have periodic newsletters that are sent to past and current clients. This presents an excellent opportunity to inform significant numbers of people about the truth concerning the medical malpractice insurance crisis and its real causes.

Lastly, you should be generous in helping our organization whenever called upon to do so. Like every state trial lawyer association, ITLA has been asked to contribute to the overall federal public relations effort. This has proven to be very effective in informing the public and legislators about the need to respect the rights of injured plaintiffs. As you might imagine, this public relations effort is very expensive. So far, the members of our organization have "stepped up to the plate" and contributed their fair share to this endeavor. However, it is important to remember that this is an ongoing effort. What we do now and in the future will affect your practice directly. If the federal "reform" efforts succeed on medical malpractice cases, other legislation limiting injury victims rights will be sure to follow. Working together by pooling our talent and resources we can help defeat this mean-spirited and unjust legislation.

Michael P. Schostok, President 2003-2004
Illinois Trial Lawyers Association