Wednesday, 21 February 2007

THE SUPREME COURT TOBACCO DECISION

Ken Berwitz

Let me start with a bit of disclosure:  I am an ex-smoker, I have not smoked in over 25 years and I find it offensive when people smoke near me. 

I consider smoking an expensive habit that puts a disgusting odor of stale tobacco on the smoker's clothing and on the furniture in his/her house.  In a car, the smell can be absolutely stifling.

Now:  suppose a smoker presented these facts in a court of law and proved them.  How much would a jury award the smoker?  The answer is.......nothing.  Not even one dollar.  Is that fair?

Well, let's think about this: 

-Cigarette smoking is expensive, but a smoker knows how much it costs, so that's the smoker's problem.

-Cigarette smoking puts the odor of stale tobacco on clothes and furniture.  It stinks.  But a smoker knows that it stinks, so that's the smoker's problem.

-Cigarette smoking makes a car reek.  But a smoker knows that the car reeks, after all he/she is IN the car, so that's the smoker's problem.

As you probably noticed, I have not yet talked about the health issues related to smoking.  So let's do it now:

-Smoking is dangerous and can give people cancer, heart disease and a bunch of other very bad physical conditions.  But a smoker knows that it's dangerous to his/her health, so that's the smoker's problem.

Or is it?

In a logical world, what I just typed would be obvious to anyone.  But we don't live in a logical world.  In the world we live in, we're supposed to pretend that people who smoke are unaware that smoking is a health hazard.  We're supposed to pretend that when a smoker gets cancer or heart disease it's a shocking surprise of some kind.  Who would ever have thought this could happen?

My father is 88 years old.  He stopped smoking many years ago which, I am sure, has a lot to do with the fact that he's still with us.  He told me that when he was growing up he and his friends referred to cigarettes as "coffin nails".  This was 40 years BEFORE we started putting warnings that cigarette smoking is hazardous to your health on every pack sold in this country. 

Simply stated, anyone who tells you they don't know cigarettes are dangerous is either a liar or brain dead.  My bet is on door #1.

For these reasons, it is very pleasing to me that, yesterday, the Supreme Court overturned a $79.5 million dollar award to Mayola Williams, the wife of Jesse Williams, who smoked two packs of Marlboro cigarettes a day for 45 years and died of lung cancer. 

I'm sorry that Mr. Williams had lung cancer and died.  But my sympathy does not extend to making his widow fabulously rich because he did something he knew damn well was damaging to his health and then got sick.

According to the New York Times account, the ruling turned on a relatively small point of law.  But I'm not so sure.  I have a feeling that it is the tip of the iceberg.  Maybe, if we are very, very lucky, it is the beginning of the end for insane verdicts by runaway juries who are manipulated by grasping lawyers who couldn't care less about anything but their cut of the take. (A bit more disclosure for you:  My grandfather, sister, brother and sister in law are all lawyers.  None of them was ever among the shysters I'm referring to).

Could we be heading back toward judicial sanity - not just in tobacco lawsuits but in other areas as well? 

What a refreshing turn of events THAT would be.


GAMBIAN PRESIDENT CURES AIDS (hey, no kiddin', he says so!)

Ken Berwitz

Read this.  Then remember that Gambia has as many votes as we do in the UN general assembly.

Gambian president's cure for AIDS: green paste and bananas

From the pockets of his billowing white robe, Gambia's president pulls out a plastic container, closes his eyes in prayer and rubs a green herbal paste into the ribcage of his patient.

He then orders the thin man to swallow a bitter yellow drink, followed by two bananas.

"Whatever you do there are bound to be skeptics, but I can tell you my method is foolproof," says, surrounded by his bodyguards inside his presidential compound as he prepares to treat more patients.

"Mine is not an argument, mine is a proof. It's a declaration. I can cure AIDS and I will."

In a continent suffering from the world's worst AIDS epidemic, claims of miracle cures like those of Jammeh are alarming public health workers already struggling against the corrosive effect of faith-healers dispensing herbal remedies from thatched huts.

The biggest concern to experts is that Jammeh requires his patients to cease their anti-retroviral drugs, a dangerous move since doing so can weaken the body's immune system, making the patient prone to infection, said Dr. Antonio Filipe Jr., the local head of the World Health Organization in neighboring Senegal.

Since January, when he announced his cure to a gathering of foreign diplomats, Jammeh has thrown the bureaucratic machinery of his small West African country behind his claim of a cure.

Although compared to other African nations, the HIV rate is relatively low in Gambia - 1.3 percent of Gambia's population of 1.6 million - the last six press releases on the country's official Web site are dedicated to the president's treatment. Regular radio and TV addresses publicise his alleged cure, available to Gambians free of cost. The health ministry issued a declaration of support.

It has left international health organisations in a bind, with some like UNAIDS, the agency that coordinates the global fight against the deadly virus, reluctant to comment for fear of damaging relations with the government.

WHO's Filipe was diplomatic about Jammeh's claims, saying his organization respects the president's point of view.

But he added: "As the World Health Organization, we would like to state quite clearly the following - Number one: so far there is no cure for AIDS."

Jammeh, a 41-year old former army colonel who wrested control of his country in a 1994 coup, says his treatment is entirely voluntary and argues that his medications cannot be mixed with other drugs because "I don't want any complications".

The claim of a cure has prompted comparisons to the South African minister of health who won international ridicule last year for suggesting that a diet of garlic, beetroot and lemon juice is more effective than anti-retroviral drugs.

South African President Thabo Mbeki has been accused of not addressing the epidemic. His government did not provide AIDS drugs until a suit by AIDS activists forced it to in 2002.

But unlike his South African counterpart, Jammeh has gone to great lengths to prove his claim, arranging for blood samples of the first nine patients to be sent to a lab in Senegal for testing.

A letter on the lab's stationary indicates that of the nine, four had undetectable viral loads, one had a moderate viral load and three had high loads, a result posted on the government's Web site as proof of the cure. However, the lab technician that performed the tests warned they are not conclusive since the blood samples were only taken after the treatment.

"There is no baseline ... you can't prove that someone has been cured of AIDS from just one data point. It's dishonest of the Gambian government to use our results in this way," said Dr. Coumba Toure Kane, head of the molecular biology unit at Senegal's Cheikh Anta Diop University.

Waiting in plastic chairs outside Jammeh's treatment chamber, the patients themselves say they don't need lab results to tell them they feel better.

"It feels as if the president took the pain out of my body," says Ousman Sowe, 54, who says he was diagnosed with HIV in 1996. Sowe was among the first batch of nine men and women who were treated by Jammeh and have been in his care for nearly a month.

"My appetite has come back and I have gained weight," said Lamin Ceesay, thin from a nine-year battle with HIV.

Jammeh has so far refused to disclose details of his herbal concoction, saying only that the treatment uses seven plants - "three of which are not from Gambia." The treatment begins with the president applying the green paste, stored inside a deli-style plastic container. Next is a gray-colored solution, which he splashes on the patient's skin. It is stored inside an old Evian bottle, as is the yellowish, tea-like brew which patients are asked to drink. The therapy is administered numerous times over the course of several weeks.

After treating the original nine, Jammeh emerged from his black-tinted treatment chamber, carrying a tall wooden staff, a string of Islamic prayer beads and a leather-bound Quran.

In front of him, 30 new patients waited on lawn chairs, drawn like the first batch from the roughly 20,000 people currently living with HIV in Gambia.

He told them that during treatment, they must cease drinking alcohol, tea and coffee. They also cannot eat kola nuts or have sex.

Jammeh held up a leather-bound copy of the Quran, pointing it at each of the patients in turn: "In the name of Allah, in three to 30 days you will all be cured," he said.

The 30, still awaiting treatment, were herded into a minibus and driven to an empty hospital ward on the outskirts of the capital, where they will stay in dormitory-style rooms with sheets covering the windows for the duration of the treatment.

In a campaign to convince the world his cure is real, the patients are Jammeh's greatest asset - and also his potential downfall.

Lying on a mat on the tiled floor in the hospital ward, a 19-year old girl struggles to say her name, spitting a gray-colored phlegm into her scarf. Like everyone else in the concrete ward, she has been forbidden from taking her anti-retroviral drugs.

Also there was 25-year-old Amadou Jallow, who recently quit his job at a tourist hotel after his wheelchair-bound mother was diagnosed with AIDS. In his savings account is 8,000 dalasis (151) - enough, he says, to last him the 30 days Jammeh promises it will take to heal his mother.

"I'm just afraid that, what if my account runs low?" he said. "But by then, I think she will be cured"

Maybe when Yahya Jammeh is through curing AIDS he can go on to world peace.  After this breakthrough that should be a snap.

Just curious:  Do you think his kids call him Pa Jammeh?


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