Customer Reviews

Bending the Law: The Story of the Dalkon Shield Bankruptcy

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The book is concerned with a number of tortious claims for punitive damages brought against the A H Robins Company for its reckless marketing of a contraceptive device called the Dalkon Shield. As juries across the United states begin to award huge punitive damages against the pharmaceutical company it becomes obvious that the survival of the company depends upon the outcome of the litigation.

At this stage enter the figure of federal District Judge Robert Merhige - someone who would be called a strong judge by any standards. Merhige manages the consolidation of outstanding cases before him in his court in Richmond, Virginia and, when the A H Robins Company seeks protection behind Chapter 11 bankruptcy, also manages the bankruptcy.

The book is a real eye-opener as to what happens when a strong judge takes a certain view of a case. Merhige is determined to achieve a particular outcome and the combined efforts of the best plaintiffs' tort lawyers in the US are unable to prevent him having his way. Merhige has a hide like that of a rhinoceros - his skill and ingenuity enable his controversial actions, which many thought outrageous, to survive all attempts to box him into a corner or get his decisions overturned on appeal.

His opponents claimed that Merhige should have declined to hear the case on the grounds that he had a clear conflict of interest. The president of AH Robins Company was his near neighbour and the company was the largest employer in Richmond, VA - Merhige's home town. If the Robins Company went out of business there would have been mass unemployment in Richmond. Merhige, however, denied all claims of bias and blandly argued that every action he took was in the interest of the plaintiffs.

The book provides a fascinating look at how the workings of corporate interests and the legal system combined to override the rights of victims. It's a book to make a feminist's blood boil!

I enjoyed Sobol's presentation of the litigation story. He presented a thorough and well documented accountof the tragedy that was the Dalkon Shield.

Author spent much time following the court hearings and public exposed negotiations to write his outsider perception of a successful sophisticated ground breaking resolution through a unique use of the legal process to forge a social/economic plight suffered by thousands caught up in mass tort litigation. A great fast paced reading of court drama. That stated, the writing appears skewed by this author's cynical view of the legal system. We know now two decades later that the court resolution created set aside funds sufficient to make available 100% to the allowed claims through the mediation process developed.

Unfortunately, I found it more dry then exciting. It helps to have a working knowledge of bankruptcy cases, but with this case so immense, the cast of characters grew so large and confusing I had to take notes to keep them straight. Probably the best resource out there that deals with the fallout of the Dalkon Shield case, but be forewarned, I emitted a cheer when I was finally through this.