SlimeGate 3/7: The Tort-Tort Scam 3/4: The True Believers

This week a jury of six people in California delivered a decision on the science of glyphosate, concluding it contributed to a person’s cancer. There were no toxicologists, chemists or oncologists on this jury. No studies were read or cited. This farce is a result of a group of outspoken scientists working with Predatort law firms who have decided this adversarial litigious approach is more efficient than the regulatory risk management process the democratic institutions had developed (and they write openly about it). These true believers, these scientific zealots, have proven they are willing to work with anyone to get their way – wither public trust in science and our elected risk managers.

In all of my SlimeGate interviews with scientists over the nature and intentions of the scientific tort-torts (those working with the Predatort law firms), the same question always popped up: Is this person merely an opportunist (in it for the money) or a true believer (an activist scientist ideologically committed to changing the world)? I would then ask: Which is worse?

The opportunists represent the base, greedy bottom-feeders growing around the unkempt edges of the communities of scientists. Their actions and intentions are not professional and they should not be considered as scientists in the courtroom (where they act as trained seals reading from a Predatort script) nor in the conference halls (where they act as hypocrites). They are slime. But at least we know their game – they can be bought and once the money runs out, these despicable people will move on to the next trick.

220px-birnbaum_28niehs29The true believers are in the game for something more than just mercenary greed and will stop at nothing to win. Like the eco-religious activist zealots they often work with, they feel the rules don’t apply to them and their higher calling. But in this case the game the tort-torts play is quite different and it is putting the reputation and public trust in science at risk. Some scientists, especially those who have been part of the regulatory process, may feel that the way risks are managed by elected officials is not the most efficient. In other words, if something must be done about the chemicals some scientists may truly believe are carcinogenic, the true believers will find a way to act outside of the accepted public process.

So this group of scientist are not willing to leave the regulatory process to governments, agencies or elected officials – they are taking matters into their own hands. They have their own “Tort-Tort Process”.

The Tort-Tort Process

If you want to change the world, democracy is the least efficient system.

The best approach depends on the regulatory environment and the weak-spots that can be exploited. In the United States, laws and regulations are checked and balanced. If you want to ban a substance like glyphosate, do not bother going through elected officials – the voice of farmers and farm constituencies are too well represented. The weak-spot in the US is the strength of the tort legal system to manipulate markets and effect change through relentless litigation and economic pain they can put upon manufacturers. So if you want to effect change in the United States, identify some greedy Predatorts to join you in strangling a company or an industry until their only option is to comply with your interests or go out of business (often both).

predatort hyenaThe Tort-Tort Process involves a network of well-connected, outspoken scientists working with and for unscrupulous tort law firms. Their task in the Predatort’s Plaintiff Playbook is to provide a legitimate scientific source supporting something resembling evidence the lawyers need to persuade juries of the corporate subterfuge and malfeasance necessary for significant payouts. The previous section in this chapter showed how a corrupted WHO agency like IARC served as a “useful idiot” for this process. The tort-torts would imbibe themselves in the settlement largesse as well, but for the true believers, controlling the system and effecting change was more enticing.

– Back to La Jolla

SlimeGate started with an analysis of the so called La Jolla Playbook. It was a closed conference where academics, lawyers and activists met in La Jolla, California in 2012 to strategise a means to “tobacconise” other industries. Their focus was to design a process to litigate the oil industry to its knees (along the same route that worked to destroy the influence of the tobacco industry), linking them to climate change, getting the scientific community to flood the courts with data and studies while using the activist NGO community to create outrage and pummel the industry’s reputation to the point that no potential juror could possibly sympathise with the industry position or the worth of their products.

The attraction of this tobacconisation strategy is the multi-layered scope of the interests that are satisfied. The Predatorts are drawn to the unlimited fees they could extract from such widespread litigations (make Exxon pay for the damages from climate change and they extract half of that amount for the firm); the activists and NGOs got a platform and funding from which they could expand their anti-corporate, anti-globalisation steroidal campaigns within a victim-focused narrative; and the tort-tort true believers found a tool to impose their scientific views unfettered onto a decision-making process.

The La Jolla Playbook is a simple, quite beautiful usurpation of the policy process. With glyphosate, for example, no science-based regulatory authority would ever consider this important agricultural tool an environmental-health risk. Still, the NGOs have been pounding the public perception of Monsanto for years. Then a group of anti-ag-tech scientists finally manipulated IARC into delivering a hazard-based sentence linking it to cancer. No legitimate scientific body accepted their pronouncement. No problem – one agency (remotely tied to the WHO) was enough for the lawyers. The IARC monograph opened the flood-gates for the Predatorts to trawl for plaintiffs on late-night TV, sand-blasting the courts with thousands of cases of suffering cancer victims (over 11,000 at last count), filling the media with emotional tales of betrayal and corporate malfeasance (but no science). The scientific tort-torts tied to glyphosate are cashing in by the millions while legitimising the process to the scientifically ignorant. As insurers are refusing to cover glyphosate, no company will be able to survive this litigious siege of self-righteous greed and the product will effectively be banned (the agricultural community and consumers will face serious issues). This coup was pulled off without a whiff of regulatory intervention or scientific evidence suggesting glyphosate was a risk. If I were a true-believing tort-tort scientist passionately committed to banning a substance I don’t like (in this case, actually, GMOs), I’d forsake the democratic risk management process and get in bed with these slimeballs too! And after copulating … the money’s always good!

– Better than Risk Management

In the last section on The Benzene Bastards, we examined an email a tort-tort, Bernard Goldstein, sent to Kurt Straif (then head of the IARC monograph programme) imploring that he call for a third IARC panel meeting on benzene so the law firms he was associated with could have more success suing industry. In that section, my focus was on the way tort-torts were influencing IARC on behalf of their Predatort paymasters, but the email also provides a rich example of the Tort-Tort Process. While I feel Goldstein is merely an opportunist (he represents both plaintiffs and defence with the same mercenary zeal), he puts forward the ‘true believer’ position to his Ramazzini colleague.

harder to sue 2

Imposing precaution may be “admirable”, but Bernie feels adversarial regulation (litigating the hell out of industry) is better. The very term “adversarial regulation” is hauntingly clinical; it is not regulation but a method to circumvent the regulatory process via personal damage courts. Regulation should be about engaging with stakeholders and finding common ground and dialogue. What Goldstein is advocating is a heinous tool for little dictators to effect change via the greed and corruption of a broken tort system. Then again, he is aiming for efficiency rather than a fair, open process (or the best use of scientific debate).

Goldstein precaution and litigation
Goldstein favoured the adversarial litigious approach

Worse, Goldstein in a lecture comparing the US to the EU in reference to benzene cases, showed how the US litigious approach (“adversarial regulation”) was more effective than the EU’s precautionary principle. Indeed, making people pay or threatening them with jail time is much more effective at changing behaviour than assessing the availability of scientific evidence to promote safety (or engaging in messy dialogue or consultation processes).

In that lecture, Goldstein awkwardly used cleaning up FIFA, the federation of international football associations, as proof how the litigious process is much better. Europe couldn’t fix the well-known corruption at FIFA and so, Goldstein crowed, it took the Americans going out and arresting the top leadership to put things in order. Putting the evident graft and corruption in FIFA aside, I’m not sure, historically speaking, making summary arrests of a group of people serves as a good benchmark for an effective policy tool.

The true believers acting unilaterally outside of the democratic process on a mission to protect human health and the environment are acting as cultists. Someone like Goldstein, who worked inside the EPA during the Reagan administration, clearly understands the trade-offs in any regulatory process can get messy and he has consciously chosen to bypass the democratic process and let the Predatorts decide policy via relentless litigation. This is a mafia-style bully tactic … not science.

Now I get that someone like Bernie Goldstein may feel he is the smartest person in the room, that he understands how the laws of science are not democratic and that the regulatory process does not always lead to the best conclusions in the short-term. The tort-tort, however, is not the regulator and “adversarial regulation” is not actually regulation. Regulators need to respect the democratic will of the people and leave the risk management process to those appointed by elected officials rather than a technocratic dictatorship of true believers using 1) activist zealots to manipulate widespread fear and outrage among potential jurors and 2) slimeball Predatorts to exact relentless pressure on companies via a broken tort legal system. The Tort-Tort Process may be efficient for imposing one’s will and beliefs upon a society while destroying industry and innovation, but it is neither democratic nor trust-enhancing.

More Nails in the Evidence-based Coffin

While the Predatorts have a good business model and are happy to continue recruiting potential victims for new lawsuits (by the thousands), the NGOs and the true believers have different objectives, namely: policy and behavioural change. And since most policymakers (outside of Brussels) are still relying on evidence and companies are standing behind the principle of scientific integrity (and fighting it out in the courts), these true believing scoundrels have to get more manipulative.

The best way to clear the room is to cut off the oxygen.

This month I noticed two cases where the Predatort strategy and the Tort-Tort Process are paying off in changing policy. Insurance companies are the groups that will need to pay out these large Predatort thefts. (Sorry, but if you thought all of this effort was to punish Monsanto and hurt industry, I am afraid you have been terribly naïve – the relentless efforts of groups like USRTK and Corporate Europe Observatory are with the pure intent to punish consumers upon whom the costs for the Predatort private jets will be passed on.) Now insurance companies do not willingly want to give money away and in cases where they may not be able to pass the Predatort settlements onto consumers (litigation insurance is the main reason healthcare is so expensive in the US), they are pulling out of insuring certain sectors.

This month a main supplier of golf course maintenance materials announced they would no longer be supplying glyphosate to its customers seeking to have weed-free putting greens and fairways. The reason for this is not scientific or religious – they acknowledge in their message that they will continue to fight for rational approach to pesticide policies – but because their insurer will no longer cover them for glyphosate given the high level of litigation risk. The insurance company realised they would have a hard time recouping Predatort payouts from a limited number of golf memberships. They will still insure glyphosate for the agtech industry as these Predatort payouts can be passed onto the farmer and the consumer. For that 5% increase in food prices, Americans can thank Carey, Chris and Brent.

More curious is that Lloyd’s of London is refusing to insure clients for potential anticipated damages from coming 5G wireless exposure due to the expected volume of litigation cases (they actually compared electromagnetic field (EMF) exposure to asbestos in their 2010 report). As the Internet of Things will soon become the Litigation of Things, whom do you think is behind these salivating Predatort hyenas? Whom do you think are the scientists advising them on the science of mobile phone cancers?

Lundy, Lundy, Soileau and South are one of the main firms taking on victims of mobile phone exposure (and they are also one of the Predatorts feasting at the glyphosate trough and the J&J talc madness). They employed a certain Christopher Portier to advise them on EMF cancers (Chris chaired a group in the IARC monograph that concluded, yes, that mobile phones were carcinogenic). That advisory contract was just prior to Portier’s involvement in the IARC glyphosate monograph panel, upon which, just by chance, ten days after that IARC panel, Lundy, Lundy, Soileau and South found Chris accidentally passing through Louisiana and decided to have him sign a further, much larger contract for “scientific consulting” on glyphosate. At least that is how Chris tells the story. That little true believer should be thrown in prison for being a menace to society, technological innovation and consumers.

It should be noted that Jack Siemiatycki (a well-known tort-tort in the IARC-inspired J&J talc litigation madness – see Section 1 of this chapter) had also chaired a subgroup on the IARC mobile phone cancer monograph (as well as scientific “consultant” Ronald Melnick). So the vultures are perched and waiting for the cancers. In any case, with Chris, Jack and Ronald on the loose, sell your shares in PG&E, Apple and Samsung (and give up golf) … I would suggest you shift your investments to one of the rather opaque litigation finance firms.

Willie Sutton was right.

_________

Ironically, Bernie Goldstein and Chris Portier penned a commentary together where they worried that the Séralini retraction, and the suppression of the scientific process, would “erode the scientific integrity upon which the public trust relies”. … Really now! So I suppose enriching yourselves while using a WHO agency to deliver a concocted declaration which you can then use with slimeball Predatorts to circumvent the democratic regulatory risk management process makes you into some fucking Mother Teresa???

I can’t tolerate their bullshit any more.

____________

Postscript: My apologies for the last paragraph. Before anyone complains, I know full well that Mother Teresa should never have been considered for sainthood.

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