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SOUTHEAST TEXAS RECORD

Friday, May 3, 2024

Beaumont trial lawyers trolling for COVID-19 wrongful death claims

Attorneys & Judges
Toups2

Toups

BEAUMONT – A pair of area attorneys are targeting the families of those who have lost loved ones to COVID-19 in hopes of bringing litigation on their behalf.

Mitchell Toups and Richard Coffman, two attorneys from different firms, apparently have formed a partnership. They currently are representing Jefferson County in an opioid suit and have even launched a website together – covid19deathclaim.com.

Once clicked, web surfers immediately see: “Have You Lost a Loved One to the COVID-19 Coronavirus?” The words “Holding Those Responsible Accountable” are also in bold lettering and at the top of the page.

“After losing a loved one because of the actions of another, seeking compensation is often the furthest thing from your mind,” the site states. “But seeking compensation via a wrongful death claim is a vital action for many families.

“We are experienced trial lawyers working together to obtain compensation for surviving spouses, dependents, and other relatives for the loss of loved ones to the COVID-19 coronavirus.”

Not long after fear of the virus led the world to shutdown, conservative-leaning groups began expressing concerns that opportunistic trial lawyers would drastically slow recovery by unleashing a crushing wave of COVID litigation. 

In July, U.S. Sen. John Cornyn, R-TX, introduced the SAFE TO WORK Act, seeking to temporarily limit liability for COVID-19 exposure claims for frontline workers, such as nurses, doctors, teachers, and small business owners, so long as they followed public health guidelines and weren’t grossly negligent.

But wanting to temporarily impede lawsuits against mindful healthcare workers and business owners would only excuse “deadly conduct,” according to Texas Watch, a self-proclaimed consumer protection group funded by trial lawyers.

Here’s a snippet from an email Texas Watch sent out yesterday: “As we speak, Mitch McConnell is pushing a legal immunity scheme through the lame duck Congress that would let corporations off the hook for creating dangerous workplaces during the pandemic.

“The way to save lives – and our economy – is through safe practices. Our laws should encourage safety through civil accountability, not excuse dangerous and deadly conduct.”

Proving when and where one was infected won’t be easy, and some even trial lawyers think establishing liability will be difficult in some cases.

Toups and Coffman believe “securing payment” for wrongful death claims will require “creativity” and a “thorough understanding of the law,” according to their site.

Still, that’s apparently not giving the attorneys much pause, as they are offering an online contract for visitors to complete.

“If your loved one died of the COVID-19 coronavirus, complete and submit our straightforward one-page Contract today,” the site states. “There is no up-front cost to you. We don’t get paid unless you get paid.”

Toups and Coffman did not respond to requests for comment.

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