Conspiracy Theories More Common Than You Might Think

We’ve written before about jurors’ tendency to invent and embrace conspiracy theories during the course of a lawsuit, and those of our readers who have done focus groups with us have likely seen that dynamic in action.

It turns about that tendency – particularly as it relates to medical conspiracy theories – is even more pronounced than we thought.  A new study by a University of Chicago political scientist published in March in the journal JAMA Internal Medicine found that half of Americans – and likely half of your jury panel – believe at least one popular medical conspiracy theory.

Among the highlights, the study found more than one-third of respondents believe the FDA is keeping natural cancer cures off the market because of pressure from drug companies, 20 percent think cellphones cause cancer but the government is ignoring it to appease corporations, and 20 percent believe doctors and the government know vaccines cause autism but continue using them anyway.

It takes no great leap of imagination to conclude jurors holding these views might be quicker to assume doctors, hospitals or corporations being sued would engage in a cover-up.  The challenge, of course, is to identify these potential jurors during voir dire – before they have a chance to poison your jury.

The study found people who embraced conspiracy theories tended to be less educated, poorer and members of minority groups.  But a deeper look reveals some interesting trends that could give you a leg up during voir dire.

For example, conspiracy theorists were less likely to use a primary care doctor for medical advice and instead relied on the Internet and celebrity doctors such as Dr. Mehmet Oz.  In fact, more than 80 percent of people who look to celebrity doctors for medical advice believed at least one of the conspiracy theories.  Conspiracy believers were also more likely to buy organic foods, take herbal supplements and avoid vaccines. 

Interestingly, political liberals and conservatives embraced conspiracies in almost equal numbers (with conservatives being slightly more conspiracy-minded), so don’t rely on political ideology alone during jury selection.

What ties this all together is a deep distrust of institutions and authority, whether it be government or the health care industry.  From our perspective, these are the types of issues you should probe during voir dire: Do you think hospitals put profits before people?  Do you trust your doctor to give you unbiased advice, or do you look for advice elsewhere?  Do you think vaccines cause autism or cell phones cause cancer?

If you have a case where conspiracy might rear its head, it might be worth it to see how this plays out in focus groups.  Contact Senior Vice President Claire Luna at cluna@juryimpact.net or 714-754-1010 to find out how we can help.