To The Legal:

It is clear from the tone of the Philadelphia Trial Lawyers Association president's letter to the editor that the American Tort Reform Association's (ATRA) “Judicial Hellholes” report struck a nerve. As well it should. The letter writer would have us believe that the Philadelphia courts set the standard for fairness to parties being sued. However, statements about Philadelphia courts being fair and impartial are belied by the fact that so many defendants scramble to get out of the Philadelphia courts at the first opportunity. No defendant should be the victim of forum shopping attorneys who sue in Philadelphia hoping to hit the jackpot when a case should have been brought in a forum more convenient.

Assertions that medical malpractice statistics disprove the “hellholes” designation are specious. The reason medical malpractice filings are down since 2002 is due to the medical malpractice reforms enacted by the state legislature in the early part of that decade. One of the most beneficial reforms enacted was to only allow cases to be filed in Philadelphia when the cause of action arises there! This reform alone helped save the medical profession in Pennsylvania from the continued exodus of high-risk specialists. Furthermore, the Trial Lawyers president cherry-picks statistics. The same data collected by the Supreme Court, referenced in the piece, clearly shows that Philadelphia has the most medical malpractice verdicts over $1 million compared to every other Pennsylvania county, in every year going back to 2000, except for 2010. A dubious accomplishment considering that far fewer medical malpractice cases are filed in Philadelphia these days due to the venue reforms.

Absent from the Trial Lawyers president's commentary is any recognition of the workers' compensation scheme where injured workers were receiving unproven, overpriced medications through compounding pharmacies, one of which was owned by a major Philadelphia workers' compensation law firm. The silence and acceptance of this practice from the trial bar and those responsible for ethical oversight of attorneys, considering this conflict of interest, is deafening. The leaders of the Philadelphia Trial Lawyers Association should worry less about bad PR from ATRA and concentrate on cleaning its own house.

Finally, he contends that the purpose of the ATRA “Judicial Hellholes” report is to poison the jury well. Yet, trial attorneys spend millions in advertising depicting manufacturers, drug companies and other deep-pocketed providers of employment and opportunity as villains in much the same way they are portrayed in the Trial Lawyer president's letter. These messages stay in the back of the minds of potential jurors who are bombarded with nonstop alarmist and misleading solicitations.

Courts occupy a very important place in our system of government. However, they are not above public comment and criticism. ATRA's Judicial Hellholes report provides scrutiny that is often lacking in the judiciary today and the public is better off for it.

Curt Schroder

Executive Director

Pennsylvania Coalition for Civil Justice Reform