Trolling For Torts

A local law firm is searching for women with complaints about Norplant.

Are you a poor black woman who uses the Norplant contraceptive implant?

The Philadelphia personal injury firm of Manchel, Lundy & Lessin is looking for you. Backed by a three-month 1-800 campaign plastered across SEPTA buses, the firm has been "recruiting" African-American women so it can sue the bejesus out of Wyeth-Ayerst, the folks who sell Norplant.

Wyeth-Ayerst introduced Norplant in 1991, promising a near-failure-free contraception. For 10 minutes on a doc's table, a shot of local anesthesia, and the discomfort of six match-like sticks in the upper arm, a woman could avoid pregnancy for up to five years.

No more forgetting the pill. No more inserting a diaphragm 30 minutes before sex. No more unrolling a condom during moments of passion.

Manchel, Lundy claims, however, that Norplant's makers didn't divulge the whole story. According to these attorneys — not to mention lawyers in at least 10 other states — Norplant causes a host of nasty problems.

Months to years of non-stop menstruation. No periods ever. Ovarian cysts. Massive weight gain. Massive weight loss. Mood swings. Panic attacks. Anxiety. Rage. Acne. Numbness in the arm. Numbness in the shoulder. Numbness in the hand. Blindness. Heart attacks. Cancer.

Manchel, Lundy's ad campaign comes at a time when nobody has found scientific evidence tying Norplant to particular ailments. So what, say the lawyers.

"Norplant is definitely effective [as birth control], but it sucks," says Joseph Aversa, Manchel, Lundy's lead attorney on the Norplant matter. "Our clients are really nice people who are now fucked up" because of Norplant.

Robert Mera of Transportation Display Inc. says Manchel, Lundy spent $19,800 for 600 ads on SEPTA between Feb. 1 and April 30.

Mera described the buy as "an inner-city campaign."

Does Manchel, Lundy have concerns about the image of cash-crazed lawyers dredging up destitute clients in the ghetto?

No, says Aversa. Norplant users — primarily young black women on welfare — are victims of a government "agenda" to stop "black welfare mothers" from having more babies, regardless of side effects. These women, contends Aversa, are entitled to "compensation."

Manchel, Lundy has not yet filed any suits on behalf of clients, so it is difficult to gauge the $20,000 advertising investment. Aversa's firm awaits the late summer ruling of a federal court judge in Beaumont, Texas. If the judge says Norplant plaintiffs are an aggrieved class, Manchel, Lundy will latch on with other cases. If not, the firm will go it alone in Pennsylvania courts.

Either way, Aversa says Manchel, Lundy will pursue litigation.

The firm would not comment on public reaction to the campaign, but a receptionist estimated that phone calls generated by the SEPTA ads numbered in the "thousands and thousands."

In this case, it seems medical experts and Wyeth-Ayerst's opinion carry little water. Lawyers like Manchel, Lundy are not listening to people like Dr. Gerald Zatuchni.

"Norplant [contains] a potent steroid, but it's the same steroid... that's present in the birth control pill," says Zatuchni, a Chicago-based physician and one of Norplant's original developers. Addressing alleged health problems tied to Norplant by lawyers, Zatuchni cites "usual risks."

"All those things occur in humans," says Zatuchni of patient complaints. "There is no added risk, as far as we can tell, from the hormone. It is no different than [the Pill]. But there's a lot of lawyers looking for business."

Says Zatuchni, Norplant lawsuits "have absolutely no foundation. It's hysteria created by lawyers."

It's no surprise that Aversa argues otherwise. Beginning last fall, women starting calling Aversa's firm out of the blue to complain about Norplant. He says the firm responded as any responsible lawyers would.

"The more we investigated, the more we realized, hey, there's a problem with this product," says Aversa.

So Manchel, Lundy "targeted" likely candidates for litigation: women who listen to "African-American radio stations" such as WDAS, says Aversa, plus those who ride SEPTA.

"We may have even stretched down to Wilmington," he notes.

But does Norplant really harm its users? Nobody can answer the question in the absence of studies. At least not in legitimate fashion.

Wyeth-Ayerst Labs is reluctant to discuss the nationwide flood of litigation it faces, but paints firms like Manchel, Lundy in an unflattering light.

"There has been an orchestrated litigation [against Norplant] across the country," says Audrey Ashby, Wyeth-Ayerst's spokesperson. "It's lawyers seeking money."

Ashby links Norplant litigation to the $4 billion settlement by silicone breast implant manufacturers ($1 billion went to the lawyers). Implant claims continue, even though a new Harvard University Medical School study reports a complete lack of scientific evidence linking implants to health problems.

Ashby declined to comment on Manchel, Lundy's campaign, saying Wyeth-Ayerst "stands behind" Norplant for both safety and effectiveness. In a company press release, Wyeth-Ayerst notes Norplant is approved in 39 countries, with nearly 2.5 million users.

Norplant "is a generally well-tolerated and extremely effective birth control option," the company says.

There's no question that money drives Norplant litigation. Law firms like Manchel, Lundy take Norplant cases on a contingency basis (Aversa declined to list fee arrangements). Others also fuel the effort, including Mealey's Litigation Reports based in Wayne, PA.

Mealey's issues a bimonthly report on Norplant, updating cases, medical studies, testimony and commentary related to the litigation. The report runs at $350 for six months, $650 for a full year.

Mealey's sponsored a Norplant conference in Houston on June 22-23. Several experts, including many physicians and class-action lawyers who feasted on the breast implant settlement, outlined litigation strategy.

Jon Hansen, Mealey's editor of the Norplant report, says the conference allowed interested attorneys to see "where the litigation will go." Aversa and two others from Manchel, Lundy attended.

Ashby promises Wyeth-Ayerst will fight all claims. The alternative, it seems, is winding up in bankruptcy court where breast-implant maker Dow Corning is stuck, hoping to stem further losses.

Wyeth-Ayerst, a division of American Home Products, sold $141 million worth of Norplant during its best year, 1992. Profits are high — Norplant costs roughly $30 to make and sells for $350.

While trolling for torts may seem, well, unseemly, state law allows attorneys to recruit clients via ads. The only rule is tell the truth. The targeting of clients, however, places law firms in an unclear light, say experts.

John Summers, chair of the Philadelphia Bar Association's professional responsibility committee, says lawyers are safe so long as they refrain from "unjustified" promises about possible litigation results.

"Advertising depends upon the taste," says Summers. "An undignified ad creates the impression of an undignified profession. Thoughtful and compassionate ads better promote the image of lawyers as responsible citizens who can help clients."

"It's something we're grappling with here at Manchel, Lundy & Lessin," adds Aversa. "The legal profession is a business like any other business. Mass media, if done properly, doesn't demean the profession. Although it could."

Aversa maintains that Manchel, Lundy ads reached out to victims, not vipers.

"I don't think that the women we represent, by and large, are in it for the money," says Aversa. "Our clients are sincere."

— Scott Farmelant