Personal-injury lawyers adopt stealth campaign

You say that this hurts Illinoisans - what about the untold number of people who are victims of torts? They are truly the ones who lose out if your conservative agenda prevails. Forget about protecting municipalities or other "deep pockets"; you're essentially saying we need to protect the insurance companies who insure them. Why, then do you not call for insurance reform, or mention the insurance lobby's efforts at their agenda? This is a complex issue that deserves more than one side of the story. What are "trial lawyers" supposed to do, stop working hard on their client's behalf? To protect some business and municipalities? Shame on you for not telling it like it is and ignoring the rights of the wronged. These hurt people are citizens of Illinois too!

I suppose if someone negligently causes another to go blind there shouldnt be a full recovery. Yet dont illinois businesses sue whenever they feel wronged by another business or an individual ,but if that same business hurts an individual the individual should have hi/her rights to full recovery limmited.How is that fair?How come the business lobbby isnt trying to limit the suits by one business against another.Without lawyers the ford pinto wold stilll have exploding gas tanks!

Here is an idea: Why not allow the insurance companies to double or triple the premium they charge each year and then simultaneously pass legislation immunizing the same companies from paying out on claims anyone may make who may have been injured, maimed or sick.

Indeed, why make insurance companies pay on claims or pay verdicts on damages? After all there ought to be laws against victimizing insurance companies twice: once by making a claim, and again by collecting on the claim after having had to prove the claim in court!

Now, I am sure, THAT would be something you, your organization and others you have named in this advertisement would get whole heartedly behind.

This letter appears to be nothing more than an apparently frustrated, bitter individual who is attacking an entire profession, not a rational presentation of a position or issue. Throughout U.S. history trial lawyers have played an essential role in advocating for and protecting the rights of all citizens - the same rights that allow Mr. Murname to voice his opinions as a lobbyist for corporate interests, no matter how unsubstantiated. If Mr. Murname was stopped from voicing his opinions by a person or government that disagreed with his opinions, it would be a trial lawyer that would fight for his right to speak. The laws he disagrees with are made by legislators and judges, not trial lawyers.

Based upon his comments attacking Public Act 95-0003 (House Bill 1798 http://www.ilga.gov/legislation/BillStatus.as... ) I guess that Mr. Murnane and his cohorts (Big Business) believe that the only things that should be compensated for are things that you can purchase from them.

Juries are always being asked to compensate for intangible losses that don't carry a price tag and are not traded on a stock market. That doesn't mean that these losses aren't real. It doesn't mean that the defendant didn’t cause that grief through their fault. Does anyone doubt that people suffer grief when their parent or child is killed by the fault of someone else?

What justifies his position? Does he suggest that people shouldn't take on the task of determining the value to compensate someone's merely because it is difficult? He is willing to deny someone who has undeniably suffered a real loss because he says that it is hard to do. Why is he always interested in protecting the wrongdoers against their victims? Shame on him.

Since when did this Ed character and the insurance lobby or ICJL get access to the Tribune? I wonder how much money they paid to get a commercial posted in this section. Do they think we are Rubes and do not know who they are? Mr. Ed and the self proclaimed "Illinois Civil Justice League" are nothing but mouth pieces for insurers and big business who hate the fact that little guys can take them on mano o mano in the courtroom. Nice spin job guys, easy to do when you don't have to do it to the face of someone who lost a loved one. You will someday experience grief and sorrow, hopefully it won't be at the hands of another.

I guess if Mr. Murname had a child who was killed he would not want the wrongdoer to pay him or his family for the pain and suffering of the person who died or for the emotional loss. I guess he would only want to recover for the dead child's lost wage. Well I guess since that child never had a job and his medical bills were only a few thousand dollars because he died shortly after impact of a terrible car collision his family should only recover oh let's say the $5000 they paid the ambulance, the ER doctor and the funeral home. Now that seems fair.

Oh and the lawyers, they should get nothing because why should they get paid for their jobs just because everyone else does?

Mr. Murnane is full of it.

He rails on trial lawyers "cashing in" on grief and sorry.

How about the victims of the atrocities being performed by negligent defendants (whether it be doctors, hospitals, or drunk drivers). Grief and sorrow is certainly real and tangible to those people. The result of negligent acts goes far beyond lost wages or medical bills. They extend throughout the rest of one's life! Grief and sorrow is real to those who suffer it, Mr. Murnane.

That trial lawyers take cases on a contingency fee basis and therefore calculate their payment on the full amount collected, is a red herring. The bottom line is that the trial lawyers are fighting the stodgy, negligent parties to achieve the most justicious result for their clients, the victims. Don't think for a second that the only reason that the "Illinois Civil Justice Leage" is sending its henchman to misinform the public its to promote truth and justice---they are merely serving their financial contributors: hospitals and insurance companies who don't want to give up one red cent to the victims of their negligence.

Nobody is fooled by you, Mr. Murnane. For shame!

This article completely negates the value of human life. If I were to die tomorrow due to another person's negligence, I would hope my child and husband would be compensated for the grief and sorrow that they would face everyday of their lives. I would hope that my value as a mother, wife, and caregiver would translate into some form of compensation. Although my earnings in the professional world can be be measured, are my contributions at home i.e. being there when my baby/husband is sick, cheering on my daughter as she takes her first steps, setting a good example for my daughter by voluteering in the community deemed valueless because I do not earn a paycheck? The bottom line is that human life CAN and SHOULD be valued even though one does not earn a paycheck.

It is interesting that Mr. Murnane is only concerned with trial lawyers when discussing "grief and sorrow." He exhibits a cold ignorance of the grief and sorrow experienced when a person loses a loved one due to the negligence of another. Mr. Murnane clearly believes that the value of a human life is only equal to lost income.

An article written by a man with a hatred for justice. Everyone can tolerate an infinite amount of grief and sorrow - until it happens to them. Let's remember, Eddie, defense firms which represent the tortfeasors charge those same tortfeasors on an hourly basis. They, too, have an interest in preventing your version of tort reform.

I also tell you: if the government will not take proper steps to clamp down on business safety and regulations, perhaps the only way to force these businesses to regulate themselves is to hit them where it hurts - in the pocketbook.

atk wrote:

An article written by a man with a hatred for justice. Everyone can tolerate an infinite amount of grief and sorrow - until it happens to them. Let's remember, Eddie, defense firms which represent the tortfeasors charge those same tortfeasors on an hourly basis. They, too, have an interest in preventing your version of tort reform.
I also tell you: if the government will not take proper steps to clamp down on business safety and regulations, perhaps the only way to force these businesses to regulate themselves is to hit them where it hurts - in the pocketbook.

That's a resonable solution if you believe that those costs aren't written off as a business expense, or more importantly, passed along to the consumers.

Mr. Murnane is trying to convince us that when his friends commit negligence, the damages should be borne by the victim or the public at large. It is said that Mr. Murnane devalues what makes us human - the ability to feel.

Implicit within Mr. Murnane's article is that trial lawyers who represent the plaintiffs are fighting back fiercely. This much is true. And the truth is that this fight, if lost, will further pave the way for what insurance companies and big corporations hope for: A tyrannical system where only the rich could have access to resources such as the legal system. The American people, and not the insurance companies, should decide if they want to be fairly compensated for their injuries or losses. A corporation is soulless; it does not understand grief and sorrow. Naturally, Mr. Murnane, whose duty is to advocate the interests of the insurance companies, is opposed to compensating the children and widows of the victims of negligence and malpractice. House Bill 1798 was introduced and signed into law to compensate the real Americans for their sorrow and grief. I wish no ill on Mr. Murnane or his family, but he would appreciate the impact of HB 1798, if he ever experienced the grief and sorrow of a father who lost his son, or a man who lost his wife.
Mr. Murnane is the president of the Illinois Civil Justice League (“ICJL�), an organization which promotes the interests of the insurance companies and big corporations. His article did not give you the full picture of the truth. But, how could he? Should he be expected to disclose to you that ICJL is no friend of the victim and the injured? Should he be expected to tell you that insurance companies have had record profits, that the premiums are record high and continually rising, that payouts are continually getting smaller? Should he be expected to disclose the statistics showing how, as a consequence of the games the insurance companies play, the ordinary Americans are being denied their rightful recovery on a daily basis? Should he be telling you that ICJL, and insurance companies, are actively seeking to annihilate the jury system? Should he be telling you that State Farm is also a member of Illinois Civil Justice League? Should he mention the truth about Justice Lloyd Karmeier's election campaign receiving contributions from State Farm? Should he then be expected to cite to the case of Avery v. State Farm Mut. Auto. Ins. Co., where Justice Karmeier was instrumental in overturning a verdict of more than 1 billion dollar against State Farm for consumer fraud? Of course those who know Mr. Murnane’s extensive involvement with “big money� players do not expect him to let you, the American people, know the full truth. If he did, he would be betraying the very same people who pay his salary and his year-end bounces in return for full obedience.
Sincerely,
Ehsan Eftekhari
Trial Lawyer, representing the victims and the injured plaintiffs
ee@eftekharilaw.com

This article is obviously so partisan, biased, and blatantly false that it serves only to illuminate the author, not the issue it claims to address.

Usually, when I hear negative things about the system, they are the views of people who have not been the victim of negligence. Their views often change when they (or a family member) suffer a loss as a result of a drunk driver or careless truck driver, etc. This article is much worse than that. It is an attempt by business and insurance companies to limit their responsibility to compensate the victims, in the guise of public policy. I hope the Tribune has the integrity to run an editorial that expresses the view of the victims.

This is a ridiculous story. Mr. Murnane obviously puts the profit margin for corporations above the public right to go after businesses that recklessly and/or intentionally cause injury and/or death. How could someone argue against the greif and sorrow felt by a family when someone is killed by neglect or careleeness. If one of the businesses he represents suffered a commercial loss by another's carelessness, Mr. Murnane would cetainly advocate that the business be made whole and advocate compensation for the entire loss. The day Mr. Murnane advocates that laws should be passed to prevent businesses from suing, then, and only then, can his argument limiting the rights of individuals have any type of consideration.

Re: Personal Injury Lawyers
After reading the severely one sided and opinionated article on personal injury lawyers, I found myself just shaking my head in wonderment. I was the caretaker for my aunt who was a resident in an Illinois nursing home. My long battle with this nursing home to stop abuse and neglect ended with my aunt's death from brain trauma. Am I to just let this go? I, alone, cannot fight the powers that be to get them to be accountable for my aunt;s death. This accountability would send a strong message for nursing home reform lest this tragic scenarion repeats itself over and over again in nursing homes across this state. I, personnally am not interested in the income of the attorneys. I am interested in the fact they are the ones the court will listen to and they are the ones that will bring these nursing homes into the light of justice and force them to be accountable. Might I suggest before you post such a narrow minded article in your paper, you offer the readers the entire picture of the role of personal inury lawyers. Because of them, those who neglect and abuse are forced to face the consequences. It is for the better good of all and the income of the lawyer is the least important aspect.
Terri Smith

Edward Murname, president of the Illinois Civil Justice League which is a shill for Illinois Big Business, claims the civil legal system is broken.

Depending upon what side you are on, it may be “broken.”

If you are a manufacturer of baby cribs that suffocates an infant and you have to pay because of your defective product, it is “broken.”

If you are a manufacturer of aircraft engines that fall apart in flight seven miles above ground causing the deaths of 112 people and you have to pay families for the loss of the fathers, mothers, sisters, brothers, husbands, wives, and children, it is “broken.”

If you are an energy company and your business allows chemicals to contaminate peoples’ homes, causing their property to be worthless because no one can live there any longer and you have to pay, it is “broken.”

If you are a seller of asbestos and know your product will slowly kill workers who use the product and you do not warn them of the dangers because it would hurt your profits and you have to pay for their slow deaths, it is “broken.”

If you let your students play dangerous games and a student dies in front of other students by choking to death in class and you have to pay for her death, it is “broken.”

If a baby suffers catastrophic injuries because the expert doctor is upstairs shacking up with a nurse and ignoring his pages for an hour and you have to pay, it is “broken.”

If your bus driver runs down a lady in the crosswalk who has a green light, ends her career as a professional musician, causes brain damage and you have to pay, it is “broken.”

When your deputy speeds through an intersection in violation of department rules without lights or sirens working and causes the death of a wife and mom of four children and causes the brain injury/quadriplegic injuries to her best friend and the department has to pay, it is “broken.”

Every time a manufacturer, property owner, airline, school, youth organization, church, municipality or insurance company has to pay a penny because it has killed or maimed a human being, it claims the civil justice system is “broken.”

Why? Because it takes away profits.

But what if you are on the other side? What if your husband, wife, sister, mother, parent, child is killed or you are maimed? Is it “broken” then when a jury holds the wrongdoer responsible?

I don’t think so. And neither do they.

Francis Patrick Murphy

Dear Editor:
As regular readers of your newspaper, we were disappointed in the Chicago Tribune for printing the one-sided commentary written by Mr. Murnane on October 23, 2007.
Our 5-year-old son, Danny, lost his life due to medical negligence in a Chicago hospital. He had been diagnosed with leukemia, but was able to fight it through a bone marrow transplant. His leukemia was in remission. He was able to overcome the development of graft versus host disease. He was supposed to be able to start eating solid foods and had a favorable prognosis, when the hospital staff made up of residents and nurses failed to appreciate the signs and symptoms of an infection. Although I pleaded with them early that morning to contact the attending physicians (this occurred on a weekend), they repeatedly told me they had and that the attending was well aware of the condition. Instead of giving Danny antibiotics, they continued to give him Tylenol to treat his fever rather than assessing the cause of the fever. Later that night, Danny developed sepsis and went into septic shock. Within a few days he developed acute respiratory distress syndrome, and eventually died days later in my arms from a brain hemorrhage brought on by the results of the septic shock and ARDS.
Mr. Murnane states that actual loss can be “calculated� in the death of a child. Mr. Murnane clearly does not understand that the grief and loss associated with losing a child lasts forever. The legislation passed recently was created to compensate families for grief and sorrow because the result of negligent acts goes far beyond lost wages or medical bills. The result is a deep sorrow that lasts throughout the rest of one's life. Grief and sorrow are very real and tangible to our family.
When we lost our Danny, House Bill 1798, which allows compensation to be paid to beneficiaries of decedents in wrongful death cases for grief and sorrow was not in effect but I am glad that the legislation will benefit other families. Even seven years after losing our child, the sorrow remains deeply embedded in our hearts.
And by the way Mr. Murnane, years after our lawsuit was over, we maintain a special relationship with our trial lawyer, Jeff Martin. He has become a friend to our family.
Bobbie and Tom Brown
Cary, Illinois