John Edwards, being neither a woman nor a racial minority, isn’t
doing especially well in his campaign to become the Democratic
Party’s candidate for the U.S. presidency. Alas for him, if he were
half as successful in campaigning for America’s top job as he was
as a trial lawyer, he might be sworn in tomorrow. Edwards won at
least 94 cases, according to Lawyers Weekly, of which 54
netted more than $1 million each. Normally attorneys take a 40
percent cut of cases that go to trial. In his last year as a
practicing attorney, 1997, he reported an adjusted gross income of $11.4
million. Of course, despite their slimy reputation, trial lawyers
can be on the side of right. It just happens Edwards wasn’t.
Medical malpractice was his specialty, and he reportedly tried
more than 60 such cases, winning more than $1 million in over
half of those. Most involved Ob/gyns. Indeed, he was so feared,
according to the Center for Public Integrity,
“that doctors would settle cases for millions of dollars rather
than face him at trial.”
Edwards’ specialty was cerebral palsy, a set of permanent conditions
affecting control of movement and posture that usually appear at
toddler stage. There is no cure, although stem cell studies in both
humans (umbilical cord cells) and rats (neural cells) have produced promising
results. More than 10,000 U.S. children are diagnosed with it
yearly. Edwards claimed the disease developed because negligent
doctors ignored fetal heart monitors indicating the child might not
be getting enough air during birth and thus failed to deliver it
immediately through cesarean surgery.
Yet Edwards won his cases not because scientific evidence
favored him but because of his smooth-talking “trust-me” demeanor
— and heart-wrenching pleas in which he ghoulishly sometimes
pretended to be the voice of the unfortunate child crying out for
justice.
It’s not considered impossible that asphyxiation during birth
could cause cerebral palsy; just darned unlikely. United Cerebral
Palsy lists about a dozen ways to help prevent the condition. Not one mentions the
birthing procedure.
A 2003 study evaluated almost 1,000 life births to see
if cerebral palsy or other problems could by affected by type of
birth. Conclusion: “Delivery mode (whether vaginal or cesarean
delivery) was not associated with any of the outcomes that were
evaluated.”
Months earlier, another study observed that cerebral palsy rates
have shown “no change over 30 years” despite fetal monitoring and a
huge increase in the number of C-sections. Further, “The prevalence
of cerebral palsy is the same or lower in underdeveloped countries
than in developed nations,” even though “emergency cesarean
delivery based on electronic monitor data is limited or
absent.”
Now here’s the horrible kicker: A Swedish report released in
December found that emergency cesarean delivery
increased the odds of cerebral palsy by a statistically
significant 80 percent. It’s bad for the mother, too. Another 2006
study, in the journal Obstetrics & Gynecology, found
that moms with cesareans had more than three-and-a-half times the
chance of dying shortly after childbirth than those who had vaginal
delivery.
“Some of the increased risks for the mother include possible
infection of the uterus and nearby pelvic organs; increased
bleeding; blood clots in the legs, pelvic organs and sometimes the
lungs,†says the March of Dimes. Further, cesarean birth “is more
painful, is more expensive, and takes longer to recover from than a
vaginal birth,” says the group.
But scientific reality is but a minor hurdle to slick plaintiffs
lawyers like Edwards. Insurance companies fork over massive
payments to plaintiffs and their lawyers, then pass the costs on to
doctors in malpractice fees. In one state, annual Ob/gyn
malpractice premiums have reached $250,000.
Many doctors are fleeing the practice as fast as they can tie
off that last umbilical cord. One in seven of fellows of the American College of Obstetricians and
Gynecologists has quit obstetrics and many rural areas now have
no such doctors.
Meanwhile health insurance premiums have skyrocketed, in part
because doctors don’t just absorb higher malpractice fees; they
also pass them on.
Further, in what’s called ”
defensive medicine,” lawsuit fears increased the number of
“When in doubt, cut it out” C-sections. Cesareans in the U.S. had
begun dropping in the late 1980s, going as low as 22 percent of
deliveries. As Edwards and friends spread fear across the Ob/gyn
land, rates began to climb again. The rate is now 30.2 percent, a record high for the nation.
There are probably many reasons for the increased popularity of
C-sections, before and after the Edwards era. One is that women
often choose it over the pain of labor Dr.
Bruce Flamm, clinical professor of Ob/gyn at UC Irvine, told
me. Still, “The biggest reason is probably the litigation issue” he
said.
Photos released by the Edwards campaign often feature him
surrounded by his wife and kids. No doubt he loves them very much.
It’s too bad he thinks so little of the families of others.
