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September 2006

Lawyers begin trolling Internet for 'stroke victims'

In the wake of a series of ads placed on billboards, buses, newspapers and websites implying that chiropractic can cause stroke, several personal injury attorneys appear to have ramped up their efforts to find "victims" willing to sue their DCs.

What seems like a high‑tech version of ambulance chasing, some lawyers are using the Internet to reinforce misinformation about chiropractic safety. In most cases, the attorney websites either imply or warn outright that chiropractic can cause numerous harmful side effects and even strokes. None of the websites contains documentation showing that significant side effects of any kind are extremely rare and that the incidence of stroke following chiropractic adjustments is thought by most experts to be fewer than one in a million.

Those statistics haven't stopped some lawyers from seemingly exploiting patients who can be convinced their unrelated injuries were caused by chiropractic care.

One law firm, for example notes: "Cervical manipulation or neck adjustment techniques employed by chiropractors can be unreasonably dangerous, with the devastating consequence of stroke. A neck adjustment by a chiropractor can cause a dissection of the vertebral or the carotid artery, resulting in a stroke. ... (This) Law Firm has successfully handled chiropractor malpractice cases resulting in stroke. If you or a loved one has suffered a stroke which you have reason to believe was triggered by a chiropractic neck manipulation or adjustment, please contact us online or by phone..."

Another tries to drum up business by warning: "Chiropractic negligence can cause stroke, heart attack, paralysis, loss of hearing, and even death."

Other websites list high dollar settlements or judgments against DCs. One lists a $350,000 jury verdict "in a chiropractic negligence case where a disc in our client's neck was herniated after a manipulation." Another provides information on a $450,000 settlement against a DC.

The assault on our profession is ongoing with some websites advocating the "sue the chiropractor" mentality as well. On a popular area of about.com, volunteer "experts" answer questions about everything from car repair to raising teenagers.

In response to one person who stated that he suffered a "possible injury following chiropractic manipulation," received a response from Jack Schroder, a former investigator for the California Dept. of Health and who claims to have prepared medical malpractice cases for more than 100 practicing lawyers.

The response read, in part: "You do have a malpractice case... In order to be sure you find a neurosurgeon who will be sympathetic to your starting a malpractice case, start by finding a good malpractice lawyer. Do not take NO from only one, but if you must, see five or six lawyers before you find one who says he will take your case. Many lawyers are going to take your case against only the chiropractor, and that is a big mistake. Get an old cranky lawyer who is not afraid of going to trial... Be careful choosing your lawyer. Do not get a lawyer who talks about 'settlement.' Your case will be tried in court. You need a crafty lawyer. Get one NOW."

As lies about the chiropractic profession spread, more and more people are going to start believing the anti‑chiropractic false claims and start assuming that every unrelated injury they think they have was caused by their DC. They'll start looking for "crafty lawyers" willing to smack chiropractors with huge lawsuits.

Worse yet, chiropractors could end up being the victims of unfounded and even frivolous lawsuits as they become "easy targets" with "deep pockets" in court. Not even insurance protection can adequately protect the average practitioner with these types of run away verdicts as they could exceed the average policy limits, thereby placing personal assets at risk. Something must be done to stop these drive‑by lootings of the practices that we devote years to develop.

What can we do to stem the tide and restore public confidence? One solution is to vigorously fight back against the organizations that are using lies and slander to scare people away from DCs and into the waiting arms of personal injury lawyers.

The World Chiropractic Alliance has already started its campaign by:

1) Continuing its aggressive public education and information campaign to provide documented proof of chiropractic safety (the WCA's position papers and press releases have already helped a great deal and even appear on some anti‑chiropractic websites thanks to demands from the WCA).

2) Taking whatever legal action is possible against those organizations that knowingly make false and defamatory statements about chiropractic, including implying that chiropractic causes strokes. (The World Chiropractic Alliance has hired well‑known attorney Carlos Negrete to pursue legal channels. Negrete is the only attorney who has repeatedly defeated anti‑chiropractic "Quackbusters" like Stephen Barrett in court!)

3) Developing and distributing a detailed information packet on "The Truth about Chiropractic and Stroke," containing scientific references about research into the stroke issue, as well as position papers and other documents. The packet can be used by doctors to reassure concerned patients about chiropractic safety or even in preparing a defense in a malpractice case. (The WCA has already put together a complete page of resources, at www.worldchiropracticalliance.org/councils/advocacy/resources.htm#stroke)

To accomplish its goals, the WCA created the Chiropractic Anti‑Defamation Fund (CADF) and asks all DCs to contribute generously. To make a contribution to the World Chiropractic Alliance Chiropractic Anti‑Defamation Fund, use our secure, online form by clicking on the CADF link at www.worldchiropracticalliance.org.