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A LITTLE THEORY-A LITTLE FUN

Law school was not a pleasant experience for me. I survived first year on a diet of horrible machine coffee and re-runs of Sgt. Bilko which ran at 11pm weeknights on Channel 20 in Detroit. This was back in the days just before cable came to our town, and just after VCRs were common (we didn't have one). Bilko was appointment TV and my sanity's preservation.

Now that episodes can be seen anytime on DVD or in YouTube clips, I recently watched again one of the classic episodes, entitled: The Courtmartial. In this episode, Bilko acts as defense lawyer for a chimp who was mistakenly inducted into the army. Courtmartial for biting a mess sergeant is the only way to get rid of the new recruit without leaving a lot of embarrassing loose ends.

However, contrary to plan, Bilko's superior courtroom skills results in the chimp being acquitted.

I attach the YouTube clip for fun. While Phil Silvers helped me get through law school, I can only wonder if members of our current Michigan Supreme Court ever saw the Court Martial of Private Harry Speakup. It might explain why some of them are so afraid of what might happen if a case ever made it to trial.

Enjoy.

MORE ON ADVERTISING

Interesting to note that the day after Truth in Advertising was posted, The Pop Tort ran a very interesting article entitled: False Advertising concerning misleading drug advertising. It seems that after spending $258 Million on Lipitor ads prominently featuring Dr. Robert Jarvik, inventor or non-inventor of the artificial or Jarvik artificial heart, Pfizer pulled the campaign. The ads were a trifle misleading. Dr. Jarvik was first portrayed as the inventor the artificial heart in the ads. That was not quite true, apparently. The ad was changed and Dr. Jarvik was called the inventor of the Jarvik artificial heart. This really didn't make much difference to me as I am persuaded that the good doctor has indeed made quite a contribution in this area of medicine, though he is not a cardiologist, and not, apparently licensed to practice medicine. I do assume that Robert is a doctor of something.

What was a little distubing was that portion of the ad intended to show Dr. Jarvik rowing across a mountain lake. You see, Dr. Jarvik doesn't row, and, in fact, a body double was used. Pfizer sort of developed the Jarvik artificial Jarvik for the commercial. You may be able to fight cardio-vascular disease by taking Lipitor and exercising, but I really think that the exercise portion of the program is more effective if you do it yourself.

TRUTH IN ADVERTISING

In a previous post, I discussed how corporations and insurance companies have used their extensive advertising budgets to protect company profits and reduce corporate costs, by restricting the individual's access to the court system. They have done this by associating greed with the injured individual rather than with the business whose only reason for being is to make money. It is no small accomplishment to make Goliath seem like David, to make black seem white.

However this is not the first time corporate advertising has made such magic. We are now part of YouTube Nation, so, recently, having little better to do, I did a search for vintage commercials. I was taken back to an era when cigarette companies were allowed to advertise on TV. The first commercial included here was a real shocker, because I am a fan of George Fenneman, from his days as a sidekick for Groucho Marx on You Bet Your Life. The title of the video on YouTube was: "Cigarettes Are Good For You". Take a look. You don't have to watch the toy advertisement attached to the end, though it is cute.

CORP REFORM

Added to the Blogroll this week is Corp Reform, a site run by the aptly named Justinian (his real name).

The site is extensive, far beyond what my humble efforts have been able to produce.

The site has a long list of helpful links, and the articles are well reasoned and insightful. Of great assitance to all interested in civil justice is the page entitled:

Tort Reform: Questions and Answers,

which addresses many of the myths of tort reform, and answers the claims of tort reformers.

Congratulations to Justinian for his great efforts in defense of civil justice.

Also visit the "Swag" page, where various items are for sale, bearing the following:

THE POP TORT

The Pop Tort is a great pro civil justice blog. It's motto is: "If loving civil justice is wrong, I don't want to be right." As this statement is coming out of an animated piece of toast coming out of an angry animated toaster, perhaps you will understand that the the site takes something of a humorous look at the serious subject of civil justice in this country. This site takes a wider view of the issue than is usually found on this site. It is highly recommended.

The Pop Tort site has recently started the "Say Whaaaat" Award, that recognizes people or organizations for
their absurdity. The first recipient is the Mercy Medical Center on Long Island in New York State. When a physician's assistant was allowed to do invasive surgical procedures, and three patient's died, Dr. Anthony Colantonio, a staff doctor, complained to state officials and law enforcement. The hospital's response was to bring Dr. Colantonio up on disciplinary charges, calling him "disruptive". The hospital is a deserving winner of the award.

Attorneybutler.net is pleased to announce that it has been awarded the Michigan franchise for the "Say Whaaaat" Award, depicted at right, by The Pop Tort and looks forward to recognizing absurd achievements in the State of Michigan. Competition is expected to be fierce.

FRIVOLOUS LAWSUITS AND $5 CO-PAYS

I recently came across a news story about a woman from Staten Island who went to her doctor's office complaining of chest pains. The pain progressed to a full heart attack and an ambulance was called and she was to be rushed to the hospital. However, the woman, lying on a gurney, and breathing through tubes, was not allowed to leave the doctor's office until she paid the applicable $5 cash co-pay required by her insurance policy. According to the news story, the doctor's receptionist ran to the
gurney carrying Barbara Antonelli, demanding the co-pay. Ms. Antonelli went through her purse for the cash before the ambulance would leave. Barbara, pictured at right, has apparently recovered from the heart attack.

Many have pointed to the story as evidence of the greed of doctors and insurance companies, putting payment of even trifling sums of money before concern for the patient. Some have gone so far as to suggest that an incident like this shows we need an overhaul of the health system, insurance system, yadda, yadda, yadda.

As unfortunate an incident as this may have been, however, it no more calls for insurance and health care reform than the "McDonald's coffee case" called for the reform of our legal system. I believe that a large measure of what we call "tort reform" has been the result of the creative efforts of corporate and insurance public relation departments. Our legal system was not damaged. Its just that injured folks don't have much of an advertising budget.