(Page 4 of 4)
Mr. Edwards's colleagues in the plaintiffs' bar do not accept that analysis. "You find me a low C-section rate," said Daniel B. Cullan, a doctor, lawyer and co-chairman of the trial lawyer association's birth trauma group, "and I'll show you children in wheelchairs."
Mr. Edwards's former colleagues in the plaintiffs' bar certainly support his candidacy. His campaign is disproportionately financed by lawyers and people associated with them, according to the Center for Responsive Politics, which calculates that about half of the $15 million he has raised comes from lawyers. People associated with Baron & Budd, a Dallas law firm noted for its work on behalf of plaintiffs in asbestos cases, contributed $77,250, the largest amount, the center found.
Mr. Edwards has declined to discuss his fees as a lawyer or the size of his personal fortune. Senate disclosure forms suggest that he is worth anywhere from $12 million to $60 million.
Some say that the biggest losers in litigation over brain-damaged babies are the parents of children whose cases are rejected by lawyers.
"For the one or two who got a substantial jury verdict," said George W. Miller Jr., a former state representative in North Carolina who practices law in Durham, "there were 99 that did not get anything, either because they were not able to finance litigation or their claim was questionable."
"The real issue," Mr. Miller added, "is who knows what causes these kinds of medical problems?"
He said he planned to bring up the issue of compensation with a state commission that is studying medical malpractice. One approach would be to limit awards and create a fund to be shared by all families with similarly afflicted children.
This is not the first time Mr. Miller has championed the idea. In 1991, his legislation to create such a fund was defeated, in large part by the state's trial lawyers. Among those who spoke out against the bill was Mr. Edwards, who called it a baby tax.
But Mr. Miller says he had lined up another financial source. Insurance companies hard hit by malpractice suits had agreed to subsidize the fund.