January 21, 1998 Community Columnist Article

Tim Lynch, Ph.D.
Director
Center for Economic Forecasting and Analysis
Florida State University
850.644.7357
 

Fee issue in tobaccco case clouds the great work of lawyers
 

Have you heard the latest lawyer joke? How can you tell the difference between a catfish and a lawyer? One is a scum sucking, bottom feeding low life and the other is a fish! Yea, making fun of lawyers and complaining about them is practically a national past time, but I think it is also important to step back every once in a while and remember how our lives are better because of the work of good lawyers.

The other night I watched a PBS television special report about civil rights. That show reminded me that a good lawyer, Thurgood Marshall, represented a little girl named Linda Brown in her quest for a decent education. With that case the civil rights movement took one of its most important steps forward; schools, workplaces and society generally is now integrated – thanks I part to the work of this competent lawyer.

Last year I served as the chief economics damage witness in Florida's suit against the tobacco industry. Our studies indicate that tobacco is the only product legally sold today when used as directed, that causes death and disease and is the leading cause of death in the United States; 1,100 people die each day due to tobacco-related diseases. We calculated that Florida's direct and indirect annual costs from tobacco-related disease and death exceeded $5.8 Billion in 1995. These costs affect every aspect of our economy.

Former Governor Chiles was fully aware of the extent of this problem when he took on the power of the tobacco industry. He knew that the enormous wealth and power of the industry had frustrated all previous attempts to hold it accountable. Thus he became creative. He instituted a law suit making the tobacco industry responsible for the costs paid by Medicaid for tobacco related disease. He was aware the tobacco industry would hire top lawyers and experts, sparing no expense to once again avoid accountability. Chiles decided the state needed to hire its own "dream team" of lawyers and convinced them to pay the costs of bringing the lawsuit, which would costs millions of dollars. No taxpayers dollars were at risk.

The suit was successful and Florida will recover $13.3 billion dollars as reimbursement for the Medicaid expenditures resulting from tobacco-related disease. Until late December, 1998 there was a dispute about how much the lawyers would be paid. Unfortunately the fight over the amount the lawyers' fees is all the public is now hearing about this case, thereby missing the sea change in public policy and, ultimately, public health this triumph signals!

Certainly the amount of the fee due these lawyers is a legitimate subject for debate. However, we should not let the historic achievement of their work in this case go unrecognized. The Governor's dream team did the job the state asked them to do. As a result:

1. For the very first time tobacco company executive admitted that their product is addictive and causes disease and death.
2. Florida will now be able to provide medical care coverage to 250,000 Florida children (almost a third of those, currently lacking health care insurance);
3. Children will no longer be the target of tobacco marketing and thousands will not start smoking because of the higher price and aggressive anti-smoking campaign
    these funds support.;
4. A number of other adult Floridians will be helped to stop smoking and thereby reduce premature illness and deaths many Floridians face in the future (and
    thereby reduce state health care costs);
5. Governor Bush promises to provide some of the tobacco funds to help care for an as yet unspecified number of elderly Floridians needing home health and other
    social services care.
6. The Florida "Dream Team" lawyers planing to voluntary providing $18 million from their lawyers settlement agreement to the Lawton and Rhea Chiles Center for
    Healthy Mothers and Babies, USF.

I now understand that two pending lawsuit emerging against handgun manufacturers for the wrongful death of murdered teenagers. Did you know that the violence rate per 1,000 students is the same as it was in the sixties, however, death and serious injury is almost three times higher? This uptick in death is exclusively due to the more frequent use of deadly guns. Never know, perhaps the attorneys backing this suit will help our nation resolve the incredible death and injury rate among our teenagers from hand gun violence as well.

Like the old bumper sticker "Don't criticize a farmer with your mouth full!.", perhaps we should thank lawyers for their defense of our Constitutional rights of free speech and the opportunity to be openly critical of them (and other things) in our free society. The next time you hear someone needling lawyers, enjoy the punch line, but don't forget the invaluable contribution they make to our society too.
 

Tim Lynch, Ph.D. is father of two teenagers, a runner and musician, and serves as an Adjunct Professor and Director of the Center for Economic Forecasting and Analysis at FSU. Dr. Lynch was hired by the Florida tobacco trial team as one of the lead Florida economics damage witnesses over the 1996-97 time period. Dr. Lynch can be reached through the CEFA Website at www.cefa.fsu.edu and e-mail lynch@cefa.fsu.edu.