Home
/
RELIGION & LIBERTY ONLINE
/
Scamming society through the courts
Scamming society through the courts
Dec 19, 2025 2:18 AM

The Wall Street Journal editorializes today (subscription required) on a rare bit of good news from the world of tort law:

If the criminal investigation of class-action titan Milberg Weiss is anything to go by, prosecutors may finally be starting to hold the trial bar accountable for its legal abuses. Another good sign is that a separate federal grand jury, this one in New York, is investigating the ringleaders of the latest tort scam, silicosis.

Much of the credit for pointing the grand jury toward this corruption goes to Texas federal Judge Janis Graham Jack, who last month put the brakes on the silicosis machine with an extraordinary 249-page decision. Judge Jack not only blasted nearly every one of the 10,000 silicosis claims in front of her court, she documented the fraudulent means by which lawyers, doctors and panies had manufactured the claims. “These diagnoses were about litigation rather than health care,” wrote Judge Jack. “These diagnoses were manufactured for money.”

The facts of this case would ical if they didn’t represent a gigantic effort to pervert the legal system into a cash cow for unscrupulous lawyers:

A former nurse, [Judge Jack] couldn’t understand how a disease that causes on average fewer than 200 deaths annually in the U.S. had suddenly resulted in more than 20,000 claims from Mississippi and surrounding states. To get to the bottom of the suits against some panies, the Clinton appointee held 20 months of pretrial proceedings. What she found was a gigantic attempted swindle.

Her first discovery was that, of the more than 9,000 plaintiffs who supplied more information about their “disease,” 99% had been diagnosed with silicosis by the same nine doctors. These physicians had been retained by law firms or by panies” that do mass X-rays on behalf of law firms searching for plaintiffs. When these physicians were deposed, they all but admitted they took their orders from the lawyers and screening firms…

…Another shocker was that more than 65% of the silica plaintiffs had previously been plaintiffs in an asbestos suit, even though it is close to clinically impossible to have both asbestosis and silicosis. Digging deeper, the judge found that many of the same doctors had ginned up the same patients for both asbestos and silicosis cases. One doctor, Ray Harron, received nearly $5 million from 1996-2004 from a leading pany, N&M, and has supplied thousands of silicosis diagnoses, and at least 52,000 asbestos-related diagnoses.

Representatives from N&M admitted in court that they had no medical training and that pany has never had a medical director. They confirmed that law firms often set the criteria for the silicosis screening process, and that the panies were paid by the volume of people who ultimately joined a lawsuit. As N&M owner Heath Mason testified, his business depended on doing “large numbers.”

Thankfully, in this case a conscientious judge stopped the fraud in its tracks, and now a Manhattan grand jury is examining the conduct of the individuals who so recklessly tried to abuse the system. That investigation will be worth keeping an eye on.

Be sure to visit Acton.org’s special section on tort reform, where you will find a wealth of resources dealing with the important legal, societal, and moral issues that arise from the abuse of tort law, including the most recent addition to Acton’s Christian Social Teaching series: Trial by Fury: Restoring the Common Good in Tort Litigation.

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Psalms in war time
As part of reflecting on the seventy-fifth anniversary of D-Day, I write about “The D-Day price and the Prince of Peace” over at Acton’s Transatlantic channel. The Dutch theologian and statesman Abraham Kuyper invoked Psalm 88:15 in his essay on the outbreak of World War I, “Your terrors,” (translated by Harry Van Dyke). The title is taken from this verse, which reads: “From my youth I have suffered and been close to death; I have borne your terrors and am...
5 Facts about the Nineteenth Amendment
This week marks the centennial anniversary of the Nineteenth Amendment to the U.S. Constitution. Here are five facts you should know about women’s suffrage and the amendment: 1. The 19th Amendment doesn’t directly mention women. The text states: The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. Congress shall have power to enforce this article by appropriate legislation. In fact, the...
Acton Line podcast: Understanding the Equality Act; Why Sweden is no utopia
On this episode of Acton Line, we first cover the Equality Act, a bill recently passed by the U.S. House of Representatives that prohibits discrimination based on sexual orientation and gender identity. Keisha Russell, associate counsel at First Liberty Institute joins the podcast to break down the basics of the bill and explain how the bill would threaten religious liberty. Afterwards, Charlie Weimers, a Swedish politician newly elected to the European Parliament joins the podcast to discuss “Sweden’s Dark Soul:...
The economic virtues of ‘maker culture’
Last weekend, my wife’s employer had her working at a local “makers” expo. Such events are where members of the “maker culture” meet together to show off their projects and skills. Attendees can find robotics teams, 3D printing, wood-turning, model-building, blacksmithing, and all sorts of traditional (and not-so-traditional) arts and crafts on display. You can get a taste of maker culture by munity hubs like Make, Hackaday, and Boing Boing, or sites like Tested, which features Jamie Hyneman and Adam...
Equality and the ever-changing definition of ‘human rights’
The misapplication of the word “equality” has caused more problems than perhaps any concept in Western history. A misunderstanding of equality lies behind maladies from the rise of socialism and 100 years of Marxist repression to the present culture wars. “The principles of equality and non-discrimination have e plex in recent years because they are being extended to behaviors and lifestyles, not merely to persons,” according to the book Equality and Non-Discrimination: Catholic Roots, Current Challenges by Jane F. Adolphe,...
Unemployment as economic-spiritual indicator — May 2019 report
Series Note: Jobs are one of the most important aspects of a morally functioning economy. They help us serve the needs of our neighbors and lead to human flourishing both for the individual and munities. Conversely, not having a job can adversely affect spiritual and psychological well-being of individuals and families. Because unemployment is a spiritual problem, Christians in America need to understand and be aware of the monthly data on employment. Each month highlight thelatest numberswe need to know...
What exactly is Christian about the Christian’s work?
There is no shortage of Christian books about work and vocation. Indeed, there are entire movements centered on faith and work, or faith at work. These movements are now old enough that their history has e a subject of academic study. A couple of years ago the NIV Faith & Work Bible put the entire Bible into a faith-and-work frame. And, for the sake of full disclosure, the Acton Institute itself has contributed to the stream of publications about work...
Brexit and Trump’s UK visit
I was recently in an interview on NTN24 (a CNN-type TV channel for the Spanish-speaking world) about President Donald Trump’s visit to the United Kingdom. Although the topic of Brexit was not supposed to be on the agenda for this state visit—especially in the presence of the queen—it seemed that Brexit was the first topic Trump brought up. Trump also expressed support for Boris Johnson, a leading contender to succeed Theresa May, and suggested that the United plete Brexit and...
Jordan Ballor: The price of D-Day and the Prince of Peace
In a radio address broadcast 75 years ago today, Franklin D. Roosevelt asked Almighty God to lead the United States “with our sister Nations into a world unity that will spell a sure peace a peace invulnerable to the schemings of unworthy men, and a peace that will let all of men live in freedom, reaping the just rewards of their honest toil.” Yet as the world looks back at the sacrifice of D-Day, FDR’s vision – which was not...
Alejandro Chafuen in Forbes: Theresa May’s exit
Today marks British Prime Minister Theresa May’s last day as leader of the Conservative Party. Alejandro Chafuen, Acton’s Managing Director, International, wrote yesterday in Forbes describing some of the factors leading up to her exit. Whatever one’s opinion of her performance, it is undeniable that hers was a difficult time to be prime minister, and it has been made more difficult by the seeming determination of some in the British government to frustrate what the British people voted for two...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved