Liebeck is New Mexico woman who sued McDonald's after she was burned by a cup of coffee. Yep, she's the McDonald's coffee lawsuit lady.

You've probably cracked jokes about what happened to Liebeck -- David Letterman did. And if you're like most Americans, you believe hers was a frivolous lawsuit, an example of what one commentator termed "jackpot justice."

Well, you don't know the real story. There was nothing frivolous about Liebeck's lawsuit, and the injuries and pain she suffered as a result of McDonald's negligence were real and serious. Life-threatening, in fact. Doctors didn't expect her to live; that's how severe her burns were.

The documentary "Hot Coffee," which premieres Monday on HBO explains how cases like Lieback's have been distorted in the media to create the perception that so-called frivolous lawsuits are rampant. The real injustice is to people like Lieback, and the others featured in the HBO documentary by Susan Saladoff.

Despite the fact that federal legislation has never been successful, big business interests have won in the hearts and minds of average people. They launched a public relations campaign starting in the mid-80’s and continuing over the last two decades to convince the public that we have out of control juries, too many frivolous lawsuits and a civil justice system that needs reforming. They have used anecdotes, half-truths and sometimes out and out lies in their efforts, for one purpose – to put limits on people’s access to the court system, the one and only place where an average citizen can go toe to toe with those with money and power and still have a shot at justice.

Because of the success of the public relations campaigns, paid for by tobacco, pharmaceutical and insurance companies, to name a few, our civil justice system is not impartial. Jurors have been led to believe that a large verdict will affect their pocketbooks. Voters believe that we have a court system out of control that needs reforming. Although there are consumer advocacy groups who have attempted to set the story straight, there has yet to be enough money to launch the kind of public relations campaign for consumers that can even begin to combat and challenge the public relations campaigns of pro-business and tort reform groups. Over the last few years, however, documentary films and independent film festivals have become a vehicle for alternative ideas to get a public forum.

 

The documentary goes into specific detail, but here are the facts, in brief, of Lieback's case, courtesy of her attorney and the Center for Justice & Democracy:

• By corporate specifications, McDonald's sells its coffee at 180 to 190 degrees Fahrenheit. Coffee at that temperature, if spilled, causes third-degree burns in two to seven seconds
• Third-degree burns do not heal without skin grafting, debridement and whirlpool treatments that cost tens of thousands of dollars and result in permanent disfigurement, extreme pain and disability of the victim for many months, and in some cases, years.
• McDonald's admitted that it has known about the risk of serious burns from its scalding hot coffee for more than 10 years -- the risk was brought to its attention through numerous other claims and suits. in fact, from 1982 to 1992, McDonald's coffee burned more than 700 people.
• McDonald's admitted that it did not warn customers of the nature and extent of this risk of burns.
• Liebeck's treating physician testified that her injury was one of the worst scald burns he had ever seen

I encourage you to watch this documentary. You may learn something, and you're likely to change your mind about "frivolous" lawsuits.

You take your eyes off the road for a split-second and it could mean a brother... a loved one... a father is gone. It's just sad.

Those are the words of Tywane Diggs, whose brother, Tyrone Diggs of Greensboro, was killed Sunday after his motorcycle was struck by a car on I-40.

The driver of that car, Jamarr Kentrell Calhoun, has been charged with texting while operating a motor vehicle, operating a vehicle without insurance, failure to reduce speed to avoid a wreck, misdemeanor death by motor vehicle and involuntary manslaughter, according to news reports by Fox 8 and the News & Record.

Texting while driving is dangerous behavior that takes a driver's attention away from the road, often with deadly consequences.

The next time you get behind the wheel, remember Tyrone Diggs and his family. Put your phone away. Or better yet turn it off. Any text messages or phone calls can wait.

The American Association for Justice has an eye-opening report about how lawsuits filed on behalf of injured people and their families have resulted in such auto safety innovations as air bags,  side impact protection and electronic stability control, to name just a few.

The graphic below shows how lawsuits against automakers have made our vehicles safer. An interactive version of the graphic is available on AAJ's web site. There, when you roll over the numbers, you'll see pop-up explanations of safety improvements with information on the lawsuits that led to them.

Jennifer, a young mother of two who was eight months pregnant with her third child, was murdered while delivering newspapers for in Raleigh. Her killer remains at large.

The deaths of Jennifer and her unborn son, Ethen, devastated their family. Then came a second shock. Jennifer’s employer decreed that she was an independent contractor, not an employee, and refused to pay a death benefit under the state’s workers’ compensation law.

Jennifer’s grieving husband, Tim, contacted Dan Deuterman of the Deuterman Law Group, and asked for his help in fighting this decision. Tim knew that no amount of money would ever replace Jennifer, but he was concerned for the future of their children.

The President's FY 2009 budget once again calls for recission of the Crime Victims Fund.... this year they want to remove $2 billion.

The requested FY 2009 VOCA cap would remain at $590 million.

The News & Record ran a story, too, about these victims fund cuts.

A subscription is required to view Wall Street Journal articles online, but I'm posting the complete article here.

By GARY FIELDS

WASHINGTON -- In drafting the government's 2008 budget, Congress cut back on funding for a Justice Department program to aid crime victims, capping it at $590 million, $35 million less than last year. 

But because the money for the Crime Victims Fund program doesn't come from taxpayer dollars, restricting it doesn't generate actual savings. 

Some lawmakers say the cut was made just to give the appearance of fiscal restraint -- at the expense of the people who seek help at victim-support centers. 

Including the numbers in the omnibus bill is "smoke and mirrors," charges Republican Rep. Ted Poe of Texas. "The number is lower in the budget, so the budget shows a saving, but that's a farce." 

The cut has sparked a scramble among some victims-rights groups to get the funds reinstated, although most concede that little can be done until the next budget is completed in about a year. Until then, the losers from this move will likely be victim-support programs, especially those at the local level. 

The fund was set up by Congress in 1984 as part of the Victims of Crime Act, or VOCA. Its revenue comes from fines, forfeitures and fees levied against federal criminal offenders. The 4,400 local agencies and groups that the fund supports provide such things as shelters for domestic-violence victims to counseling services for victims of child abuse. 

Until 2000, the amount of funds distributed depended on collections from the previous year. In 1999, three huge criminal settlements, including $500 million paid by Hoffmann-La Roche Inc., pushed the fund to $985 million for the year. That led Congress to cap annual spending and reserve any excess to supplement the fund in leaner years. 

Mr. Poe estimates there is currently about $1.7 billion in the fund. He has introduced a bill that would prohibit Congress from including the fund as part of the federal budget. 

State programs are last on the list of those receiving money from the fund, after other areas deemed more critical, such as victim-assistance staff at FBI offices. Even before the current cap reduction, money for state grants had been dropping, from $395.9 million in 2006 to $370.6 million in 2007. With the lowering of the cap and increased costs in other programs, state grants will drop to $328.5 million this year. 

"The impact will vary from state to state and program to program, but at some point this will take its toll," says Steve Derene, executive director of the National Association of VOCA Assistance Administrators. "Some programs will close, and some will turn victims away." 

In Iowa, for example, the state-local grants will drop to $3.5 million, compared with $3.9 million in 2007, and will result in a 10% to 15% cut in each grant, according to an analysis done by Marti Anderson, director of the state's Crime Victim Assistance Division, and released by Iowa Attorney General Tom Miller. In addition, some staff who run victims' programs will be cut, as will the number of counseling sessions received by rape and domestic-violence victims, according to the analysis. 

Congress's recent move follows several attempts in previous years by Bush administration budget writers to divert surplus funds above the cap into the Treasury Department's general fund, opening the way for the money to be used for programs other than victims' services. Members of Congress have rejected those attempts. 

In its initial budget request for 2008, the Bush administration asked for $625 million. Members in the House suggested increasing the cap to $635 million. Advocates surmise that when various committees eventually began imposing across-the-board cuts, they didn't exclude the Victims Fund, even though it isn't part of the government's general-revenue pool. 

"I don't know whether there's anything that can be done prior to the next budget," says Republican Sen. Jon Kyl of Arizona. He is concerned that domestic-violence shelters and rape crisis centers will be closed, along with crime-victim legal clinics, which provide free services. "It's taken a long time to get those started. They will be among the first cuts," he says. 

Some activists say they will push Congress to revisit the cap when they return this month, but Mr. Derene agrees with Sen. Kyl that it is too late for 2008. He says lobbying efforts are likely to focus on 2009 spending. 

"From what I hear, there could be a supplemental appropriations bill, but that wouldn't happen until some time in the spring, which would be too late for state assistance programs," Mr. Derene says. 

 Write to Gary Fields at gary.fields@wsj.com 

  

 

"The cuts could amount to a loss of $1.3 million for [victims'] assistance programs in North Carolina."

Angie Boles, whose organization helps victims of violence and runs a shelter, made an interesting point in the article. Victims who receive help and counseling are able to move on better than those who don't. Ultimately, that's good for society at large.

For more information about the Crime Victims' Fund, visit the National Association of VOCA Assistance Administrators. And for information about crime victims' compensation and victims' assistance programs in North Carolina, visit the Governor's Crime Commission online.

Hillary Holt, a waitress and single mom from Boone, was hit by a drunk driver while coming home from work one evening. The other driver was killed, and Hillary nearly was. In fact, she was pronounced dead at the scene of the accident, but a paramedic saw her finger twitch and she was flown by helicopter to a trauma center. Miraculously, Hillary survived, but she suffered horrible, debilitating injuries. (I'll write more about Hillary's case in a future blog entry.)

In handling Hillary's case, we became aware of the The Crime Victims Fund, which among other things provides state grant money to reimburse victims of crime, like Hillary.

Established by the Victims of Crime Act of 1984 (VOCA), was created to help provide services and compensation for victims of crime, including child abuse, homicide, rape and drunk driving. No taxpayer money is used; instead it is funded by criminal fines, forfeited bail bonds, penalties, and special assessments collected by U.S. Attorneys' Offices, federal U.S. courts, and the Federal Bureau of Prisons.

• Child Abuse: As much as $20 million annually is allocated to improve the investigation and prosecution of child abuse cases. The money is divided between the U.S. Department of Health and Human Services and the federal Office for Victims of Crime.
• Federal Criminal Justice System: Since 2000, fund money has been earmarked for the federal criminal justice system to improve services to victims of federal crimes by supporting the federal victim notification system. Money also goes towards salaries for victim coordinators and specialists in 94 U.S. Attorneys' Offices and 56 FBI field offices
• Antiterrorism Emergency Reserve: As much as $50 million annually is set aside for compensation and assistance services for victims of domestic and international terrorism and mass violence.
• State Programs: The remainder of the money goes to the states to fund victims’ compensation programs, which provide financial assistance to crime victims, and victim assistance programs, such as rape crisis, domestic violence shelters, crisis hotlines, counseling services and court advocacy programs.

Legislative Issue

The Crime Victims Fund is now valued at more than $1 billion, but all that money is not being distributed to victim’s compensation and assistance programs. Since 2000, Congress has placed a cap on the amount of money that can be spent from the fund each year. The cap amount remained steady at $625 million since 2004. Because of inflation and growth in spending on federal victims’ programs, the amount available for state victims’ programs is now less than it was in 2006.

Congress recently set the cap at $590 million for fiscal year 2008. This means that funding for state VOCA victim assistance grants will have been cut by 17 percent, a total of $67 million, since 2006.

Officials who administer VOCA-funded victims’ assistance programs had asked that the cap be raised to $661 million in 2008. But because Congress didn't do this,  their programs will be state and local victims’ assistance programs and victims will suffer.

Why? Because of the way that money from the Crime Victims’ Fund is allocated, increases in other VOCA-funded programs leaves less money available for state victims’ assistance groups. In 2007, state victims’ programs received $25 million less than they did in 2006. In 2008, these programs are set to lose another $42 million in funding.

A cap of $661 million would have merely restore funding for state victims’ assistance programs to 2006 levels.

What Voters Can Do

Though the issue has been decided for 2008, this is an ongoing battle in Congress every year. Contact your elected officials in Congress and ask them to raise the cap on VOCA funding in 2008 to avoid further cuts in victim services. This federal appropriations decision will have an impact on state and local victims’ programs in North Carolina, including rape crisis centers, domestic violence shelters and victim/witness programs in the courts.

To find out who represents you in Congress and to write that senator or representative a letter, visit the links embedded here.

You can also write to members of the Senate Appropriations and House Appropriations Committees and ask them to support raising the VOCA cap in 2009. David Price, a Democrat representing the 4th District of North Carolina, is a member of the U.S. House of Representatives Committee on Appropriations.

In addition, encourage your legislators to join the House Crime Victims’ Rights Caucus, which supports raising the cap on VOCA funding. They can join the Caucus by contacting the offices of Rep. Jim Costa at (202) 225-3341 or Rep. Ted Poe at (202) 225-6565

Fortunately, there is the American Association for Justice (AAJ), which is a nonprofit organization supported by attorneys to promote a fair and effective justice system. I am very happy to see that they did take action in this case.  They have called for a disciplinary investigation of Pearson.  And in addition, AAJ CEO Jon Haber, and president Mike Eidson have pledged to contribute to the defense fund established to support the family.

Read the press release and letter to the District Columbia Bar Association.