Frivolous Lawsuits Hurt West Virginians

Our broken legal climate deters job growth in West Virginia. As mentioned elsewhere on this site, West Virginia is continually ranked as having the worst legal climate in the nation. Job providers simply won't locate in a state that encourages the filing of frivolous lawsuits. These notable case examples, which have garnered negative attention for our state nationally, are just a few examples of why West Virginia is hurting for jobs.

• Man Sues McDonald's for Putting Cheese on Hamburger: In a case that garnered international attention, a man from Monongalia County is suing McDonald's for $10 million because the fast food operator did not "hold the cheese" as the plaintiff had asked. The plaintiff claims to have suffered a severe allergic reaction because of McDonald's alleged negligence. But court documents seem to indicate that the plaintiff didn't even bother to look and see if his hamburger had cheese on it. "Man allergic to cheese seeks $10 million from McDonald's," The West Virginia Record, August 8, 2007. "McDonald's says cheese plaintiff deserves nothing," Charleston Daily Mail, September 7, 2007.


• W.Va. Radiologist Linked to Lawsuit Mill: Bridgeport Doctor Ray Harron was recently named as a central figure in a national lawsuit scandal. According to court documents and news reports, Dr. Harron was paid millions of dollars to diagnose workplace-related diseases in thousands of patients/plaintiffs. Dr. Harron sometimes diagnosed plaintiffs at an alarming rate of one patient per minute - evidence which suggests that Harron certified plaintiffs for lawsuits without even examining the patients first. Dr. Harron's X-ray evaluations have been called "unreliable at best, fraudulent at worst." "Bridgeport Doctor Linked to X-Ray Controversy," The State Journal, June 1, 2006; "NY Times: Dr. Harron's mass diagnoses raise doubts," The West Virginia Record, November 29, 2005.


• W.Va. Lawsuit Based on Diagnosis from Fake Doctor: Last year, an out-of-state personal injury firm filed a lawsuit in West Virginia based on a Huntington Doctor's diagnosis that their plaintiff suffered from asbestosis. The only problem is that the Doctor diagnosing the plaintiff never existed! Research indicated that the doctor's name, address and phone number were all fictional. As it turns out, the report signed by the fictional West Virginia doctor appears to be identical to other doctors' reports filed in lawsuits across the nation. "It's time to take a detailed look; of course courts should look at the veracity of asbestos claims," Charleston Daily Mail, July 31, 2006.


• Job Provider "Welcomed" to W.Va. with $400 Million Verdict: The arrival of Chesapeake Energy, one of the largest oil-and-gas providers in the nation, to West Virginia was hailed as yet another sign that our state is "Open for Business." But shortly after Chesapeake announced its intention to create 250 good-paying jobs for our state, the job provider experienced the harsh reality of West Virginia's legal climate - a $405 million Roane County verdict put plans for Chesapeake's new headquarters temporarily on hold. Thankfully, Chesapeake has decided to proceed with its plans to locate new jobs in our state while the verdict works its way through the appeals process. However, Chesapeake has noted that "where [West Virginia] has not lived up to [our] expectations.is the business climate of this state." "Chesapeake's New HQ Put on Hold," The State Journal, February 1, 2007.