Fickle Finger Pointing Backfires

Trial attorney attacks ad theme; practically insults the Supreme Court justices to whom he contributes campaign funds.

In its April 14 issue, Crain’s Chicago Business reported on the co-branded ISMIE Mutual/Illinois State Medical Society initiative to Keep Doctors in Illinois – a now-familiar campaign in physician, political and legal circles, currently in its third year. The article called into question the timing of the campaign, which includes a series of radio spots that offer helpful patient information while encouraging the public to “support doctors by supporting sensibility in the courts.”

Chicago trial lawyer Robert Clifford took issue with the ads. Says Clifford, quoted in Crain’s: “I’m point-blank accusing them of an improper attempt to influence the court before its decision.” The decision Clifford is referring to is the Illinois Supreme Court’s decision on whether or not to uphold our medical lawsuit reform law, on the books since August 2005. The court is expected to make a decision on the law’s constitutionality by year’s end.

Illinois Civil Justice League President Ed Murnane voiced a different view in this rebuttal published April 28 in Crain’s.

In “Docs prep med-mal ad blitz” (Crain’s, April 14), Robert Clifford’s statement: “I’m point-blank accusing them of an improper attempt to influence the court before its decision,” is both amusing and typical of the arrogance of the personal-injury trial lawyers.

Mr. Clifford suggests an advertising campaign by the Illinois State Medical Society and its insurance partner, ISMIE Mutual Insurance Co., is an attempt to influence judges before they rule on the medical malpractice case before them.

This is the same Mr. Clifford who has contributed more than $350,000 to Illinois judges, including five of the seven members of the Illinois Supreme Court, according to the Illinois State Board of Elections. According to the board’s Web site, more than $1.75 million in total contributions were made by Mr. Clifford, his wife or his law firm since 1994.

Why should the Illinois State Medical Society not advertise during a legislative session? Leaders in the General Assembly have demonstrated a willingness to act hastily, confusingly and irresponsibly.

How else can you explain the out-of-the-blue attempt to reinstate the antiquated Structural Work Act in Illinois? This duplicative and unnecessary law was repealed in most states for a reason, but legislative leaders in Illinois are trying to bring it back at the urging of the trial lawyers.

The Illinois State Medical Society and ISMIE are wise to keep their concerns in front of the Legislature and the public – and if judges understand those concerns, so much the better.

Edward D. Murnane, President
Illinois Civil Justice League

While ISMIE Mutual and its partners in reform, including ISMS and the Illinois Civil Justice League, continue to fight hard to preserve our reform law, let’s hope the ongoing trial lawyer rant does nothing more than tire their collective fickle fingers.