I'll say this for Irving Pinsky, the New Haven, Connecticut,
personal injury lawyer who earlier this week filed a notice of a $100 million claim against the state on behalf of a student who
survived the massacre at Sandy Hook Elementary: The guy has a
thick skin. He's been doused with a stream of vitriol for the
notice of claim, which, under Connecticut's administrative
procedures, must be filed as a precursor to suing the state. Yet
he's unscarred. "You'd think I was a Nazi," Pinsky told me
Wednesday morning, after an appearance on CNN. "If everything
people wished for me came true, I'd get five different kinds of
testicular cancer."
Pinsky withdrew his claim Tuesday but said he's only pulling
back to evaluate evidence he has received in the last couple of
days. He is not, by any means, abandoning the possibility of
bringing a suit against the state. "You follow the evidence,"
said Pinsky, who maintains his motives are pure. "I'm doing a
good thing. I'm pushing like hell for better security in our
schools."
Perhaps Pinsky is not the publicity hound or ambulance
chaser the haters on his Facebook page make him out to be. (And
to his credit, Pinsky himself suggested I look at the comments
on his page.) On the other hand, his explanations for the
purported suit against the state aren't particularly credible.
Pinsky told me, as he has told other reporters, that he wanted
to protect the state investigation of the shooting from
insurance adjusters who would "shape the evidence." I can
understand why a lawyer who specializes in car crashes and
slip-and-falls would be skeptical about insurance adjusters, but
when I pressed him about the likelihood of insurance
investigators manipulating a case that's receiving nationwide
scrutiny, Pinsky conceded that insurers are more likely to be
involved with claims against the estate of Nancy Lanza, the
murdered mother of gunman Adam Lanza, than with claims against
the school, Newtown or Connecticut.
So how, I asked, does his notice of claim against the state
assure the integrity of the official investigation of the Sandy
Hook shootings? Pinsky said that insurance adjusters might try
to deflect claims against Lanza's estate by shifting blame to
the town or the state. But he still couldn't explain how his
threat of a $100 million suit against the state would prevent
such an attempt. "I wanted to get at the evidence as best as I
could," he said. He told me that he filed the notice of claim --
on behalf of an anonymous student who supposedly heard sounds of
the massacre over the school's intercom -- because "it's much
harder to get evidence" without bringing a suit. I pointed out
that under Connecticut's procedures, he would not be permitted
to actually file a complaint in superior court without the
approval of the state claims commissioner, whose authorization
Connecticut Attorney General George Jepsen seemed to regard as
highly unlikely. Pinsky said that even without subpoena power,
he has obtained new evidence from witnesses who have come
forward since word of his notice of claim got out -- but he
refused to elaborate on that supposed evidence or to say how it
implicated the state. (For the record, I asked the AG's office
whether insurance is even a factor for the state in the Newtown
shooting; she said in an email that the state has coverage for
certain claims, mostly auto-related, and is self-insured for
others.)
Pinsky insisted that his goal is to avert another school
shooting, an avowal that smacks of self-justification. "You know
this is going to happen again," Pinsky told me. "We have to get
(prevention) started somewhere." The theory of his purported
suit is the state's failure to assure the safety of students at
Sandy Hook. I asked what measures he believes the school --
which kept its doors locked and had a security guard -- should
have taken; Pinsky suggested video monitors with a feed to the
local police station or unspecified "equipment to neutralize"
high-powered weaponry. You won't find any call for new safety
procedures in the notice Pinsky filed, though. There's no
mention of injunctive relief, and, as the state AG noted, a $100
million personal injury suit isn't the most effective vehicle
for debating public policy.
Nor is there anything in Pinsky's professional history to
suggest that he's a credible advocate for statewide school
safety reforms. Pinsky is not a civil rights lawyer or a
children's advocate. He is, plain and simple, a personal injury
lawyer -- and one whose license to practice in Connecticut was
suspended from May 2003 to December 2006. According to the
report of a statewide grievance committee, Pinsky committed
misconduct in the mid-1990s when he gave a client $6,000 but
failed to keep the client informed about the progress of his
personal injury case. (Pinsky's defense, according to the
report, was that he felt sorry for the client, whose claims were
barred by the statute of limitations.) Pinsky told me he
continued to practice while his Connecticut license was
suspended because he's also licensed in New York. He also said
he regrets the incident that led to the suspension.
At best, Pinsky seems to have rushed to stake a potential
claim against Connecticut when the people of Newtown (and the
rest of the United States) are still staggering from the death
of 20 first-graders.
Of course, there are lots of lawyers who file ill-considered
cases, so why am I singling out Irving Pinsky? Because I keep
thinking about how he would justify his notice of claim to those
6-year-old kids. There's an old adage that you shouldn't do or
say anything you wouldn't want to see reported on the front page
of The New York Times or The Wall Street Journal. Thankfully for
those of us in the news business, people ignore that rule every
day. And clearly, the Pinskys of the world are happy for even
critical attention. But what if you were judged not by adults
inured to dubious deeds but by children with a more concrete
sense of right and wrong? I'd bet that most first-graders would
tell you it's wrong to profit from someone else's sadness.
There's already too much cynicism in this country about the
motives of plaintiffs' lawyers, the vast majority of whom act
honorably to bring justice to the injured. There would be a lot
less if every plaintiff's lawyer had to answer to a murdered
6-year-old.
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