Friable Thoughts

Tuesday, November 29, 2005

Reading X-Rays in Asbestos Suits Enriched Doctor

A New York Time profile of notorious B-reader, Ray A. Harron, at once illustrates the major problem with asbestos litigation and asbestos reform. The good doctor did himself no favors making finding of silicosis on some of the same folks he found asbestosis. Now, a judge at trial should be able to sort bad readings from good ones. But, very few defendants risk going to trial especially with some of the judges in certain "plaintiff friendly" venues.

A no-fault trust fund (and especially a medical criteria alternative) would have to quickly and efficiently weed out bad claims from the valid claims, something the current litigation-based system hasn't been able to do. And, if the Bates-White study is correct, it won't.


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