NIH Panel Finds No Reason to Discourage Caesarean Section

NIH Panel Finds No Reason to Discourage Caesarean Section

An expert panel concluded that caesarean sections are not necessarily riskier than vaginal deliveries. The panel did not endorse the procedure but did say it was an acceptable option. Critics were disappointed with the report because it did not address the risk of blood clots and miscarriages in later pregnancies. Rob Stein, The Washington Post 03/30/2006 Read Article: The Washington Post

Emory Healthcare Sued for Patient's Possible Exposure to CJD

Emory Healthcare Sued for Patient's Possible Exposure to CJD

Emory University Hospital alerted more than 500 surgical patients that the instruments used may have been exposed to Creutzfeldt-Jakob Disease, or CJD. The hospital did not know that another patient was infected and did not carry out stricter sterilization procedures. The plaintiff worries that she may contract the disease, which could take years to detect because there are no tests for it. Daniel Yee, Houston Chronicle 03/29/2006 Read Article: Houston Chronicle

Jury Awards Family of Man Who Died at Fitness Gym

Jury Awards Family of Man Who Died at Fitness Gym

The family of a Ft. Lauderdale man who died of cardiac arrest while working out will receive $619,650 from the health-club chain LA Fitness. The gym did not have an automated external defibrillator and no one attempted to perform CPR on the dying man. The family's attorney said, "It is a symbolic verdict and a therapeutic verdict because it sends a loud message to the health club industry that they need to do a better job to protect their members when they have an emergency." Jon Burstein, South Florida Sun-Sentinel 03/30/2006 Read Article: South Florida Sun-Sentinel

Column: Easier to Win in Court than with State Police

Column: Easier to Win in Court than with State Police

Columnist writes, in the case of two men who thought they won big at a New Orleans slot machine in 2000, it's easier to win in court than with State Police. Gill explains that a slot machine showed a $1.3 million jackpot win, but casino officials said the machine malfunctioned. State Police, which regulates gambling in Louisiana and is subsidized by casinos, investigated and found that the win was void. The appeal court agreed with the jury's finding that the win was valid. Gill says "(I)t is obviously easier to hit the jackpot with an Orleans Parish jury than with State Police." James Gill, New Orleans Times-Picayune 03/30/2006 Read Article: New Orleans Times-Picayune

"It's easy to beat up on lawyers…but we need to know how companies invest their insurance premiums."

"It's easy to beat up on lawyers…but we need to know how companies invest their insurance premiums."

Insurance company representatives asked lawmakers not to be too hasty to change the state's insurance system, particularly homeowners insurance. Chuck McMains of the Property and Casualty Insurance Association of Louisiana said a couple of years "breathing room" is needed. State Farm and other insurers testified before the House Insurance Committee about their current status and probable rate increases. Rep. Taylor Townsend said legislators need more information about how an insurance company operates. "It's easy to beat up on lawyers…but we need to know how companies invest their insurance premiums." Townsend said, "We set the policy, not the industry. What measures can we pass this session to help the state?" The committee delayed action on a bill that would eliminate the Louisiana Insurance Rating Commission and give the insurance commissioner final authority on requested rate increases. Lake Charles American-Press, 03/30/2006

You're in good hands with....

You’re in good hands with…Insurers Not Writing New Policies; Home Sales Affected

Residents of the New Orleans area and storm-damaged south Louisiana are finding that most homeowners insurance companies are not renewing existing coverage or writing new policies. Some companies are refusing to cover wind damage. Officials are worried that insurers' actions, including Allstate and State Farm, could affect bank loans and overall rebuilding efforts. Insurance Commissioner Jim Donelon said it is "difficult but not impossible" to get homeowners insurance in areas affected by the storms. Rep. Karen Carter said the issue has been flying under the radar of the Louisiana Recovery Authority. Attorney Walter Leger of St. Bernard Parish is a member of the LRA and said he will investigate. Rebecca Mowbray, New Orleans Times-Picayune 03/29/2006 Read Article: New Orleans Times-Picayune

Corporate entrepreneurs at their best: Two More Lawsuits Filed over Looted Corpses

Corporate entrepreneurs at their best: Two More Lawsuits Filed over Looted Corpses

Two Louisiana women, one from Denham Springs and one from Prairieville, filed lawsuits accusing a New York company of stealing diseased body tissue from corpses and selling it to hospitals for transplants. The women's surgical procedures involve cervical spine fusion and lower back disc fusion. Last month a Louisiana man filed a class action against Biomedical Tissue Services. Baton Rouge attorney Philip Bohrer represents the three Louisiana plaintiffs and says others who have similar complaints in Louisiana and other states have contacted him.   The Advocate, The Advocate  03/30/2006 Read Article: The Advocate    

The right to work for less: Louisiana Last in Income

The right to work for less: Louisiana Last in Income

Louisiana is the poorest state in the nation, according to the Bureau of Economic Analysis. Hurricanes Katrina and Rita inflicted serious economic impact upon Louisiana, causing the state's per capita income to fall by 9.1 percent in 2005. The average income of a Louisiana resident is currently $24,830.  Ned Randolph, The Advocate  03/30/2006   Read Article: The Advocate    

Chamber of Commerce or Chamber of Noise…

Chamber of Commerce or Chamber of Noise…

News flash: "Lawyers for big corporations like working in states where the laws favor big corporations." Editors say the U.S. Chamber of Commerce's recent report is a slick PR campaign aimed to pressure state legislatures into passing even more corporate-friendly laws. "Sly" newspaper ads once again hit the trial lawyers, but economic development professionals report that companies rarely cite liability issues as location factors. Editors conclude, everyone supports economic development and the creation of new jobs. "To succeed, we'd be well advised to ignore the echo Chamber of giant corporations and focus our efforts on what really matters."  Editors, St. Louis Post Dispatch  03/30/2006 Read Article: St. Louis Post Dispatch    

Reducing Infections Beneficial for Both Patients & Hospitals

Reducing Infections Beneficial for Both Patients & Hospitals
Complications caused by infections cost insurers and individuals an extra $614 million in 2004. Patients must spend more time in the hospital, must undergo more procedures, and also face a much higher risk of death. The chief of medicine at Allegheny General Hospital believes most hospitals don't realize that it's possible to virtually eliminate all infections and don't understand that there is an "economic imperative to do so." Ceci Connolly, The Washington Post 03/29/2006 Read Article: The Washington Post

Prosecutors Contest Practice of Employers Paying Legal Fees

Prosecutors Contest Practice of Employers Paying Legal Fees
Federal prosecutors are pressuring companies to stop paying legal fees for indicted employees. Defense lawyers argue that this practice is unfair because defendants can't properly defend themselves. Prosecutors counter that corporations are not forced to do anything but the Justice Department does take this into consideration when they assess a company's cooperation. Nathan Koppell, Pittsburgh Post-Gazette 03/29/2006 Read Article: Pittsburgh Post-Gazette

Are lawyers the cause of med-mal problem? Surgical Team Removes Wrong Side of Child's Skull

Are lawyers the cause of med-mal problem? A surgical team at Children's Hospital of Orange County, Calif., broke medical guidelines by cutting into the wrong side of child's skull during a procedure to remove a tumor, according to investigative records. A state agency found that the team did not take required "time out" to verify the correct site to cut; did not mark the child's skull in pre-op procedures; did not note the error in the child's medical records; and that the team moved the operating table to make room for another team member and then became "disoriented." Orange County Register, 03/29/2006

Jury Finds Insurer Wrongfully Terminated Woman's Benefits

Jury Finds Insurer Wrongfully Terminated Woman's Benefits
A former radiology technician at Hancock County Hospital will receive $1.5 million after her insurer, Lumbermens Mutual Casualty, wrongfully terminated her insurance benefits. The woman lost her benefits after she contracted a blood disease that left her unable to work.  Richard D. Walton, Indianapolis Star  03/29/2006 Read Article: Indianapolis Star    

State Programs Will Receive Settlement from GlaxoSmithKline

State Programs Will Receive Settlement from GlaxoSmithKline
Several state attorney generals accused GlaxoSmithKline of using frivolous patent-infringement lawsuits to block generic versions of the antidepressant Paxil. This caused states to have to pay higher prices than they should have. GlaxoSmithKline will pay a total of $14 million to settle the allegations. Dan Robrish, Boston Globe 03/29/2006 Read Article: Boston Globe

SHAM: OH Clergy Abuse Bill Undergoes Major Revisions

SHAM: OH Clergy Abuse Bill Undergoes Major Revisions
A victim's advocates group is calling the revised clergy abuse bill a "sham" and an "illusion to make the Legislature look good.." Lawmakers dropped a proposal that would have allowed victims to sue for abuse that occurred as long as 35 years ago and allowed a 1 year window for those that missed the deadline. The new bill establishes a much shorter period to file suit, but does give the state attorney general the authority to file a civil action on behalf of the abused. Associated Press, Columbus Dispatch 03/29/2006 Read Article: Columbus Dispatch

Cleco Execs get Millions in Bonuses; Company Asks for Rate Increases

Cleco Execs get Millions in Bonuses; Company Asks for Rate Increases
Louisiana Public Service Commissioner Foster Campbell said it's "troubling" that while Cleco is asking for a rate increase and is running ads about energy conservation to reduce high utility bills, Cleco Corp. gave its top five executives and former CEO more than $5 million in bonuses. Alexandria Town Talk, The Advertiser 03/29/2006 Read Article: The Advertiser

Column: 'Insurance a Mess in Louisiana'

Column: 'Insurance a Mess in Louisiana'
Jim Brown, former Louisiana insurance commissioner, says Louisiana homeowners are "taking it on the chin" from insurance companies. Brown calls for abolishing the Insurance Rating Commission and questions the way some insurers justify denying claims and possibly eliminating wind and hail coverage. Brown also questions whether customers should pay for Allstate's poor business decision not to buy reinsurance in Louisiana, as the company reports $1.7 billion in reported hurricane-related losses. Read the column at LA Politics.com. James H. Brown, LAPolitics.com, 03/29/2006

Trial lawyers: America's best defense...

Trial lawyers are America’s best defense against tyranny. Trial lawyers have the courage and ability to pierce political deception and fraud. Because of this, tyrants and those sustained by tyrants hate trial lawyers. “I shall not rest,” Adolph Hitler raged, “until every German sees that it is a shameful thing to be a lawyer.”

Medical Lawsuit Caps Shutting Cases Out of Courthouses

Medical Lawsuit Caps Shutting Cases Out of Courthouses
Patient advocates say the medical malpractice "reform" enacted in Texas about two-and-a-half years ago comes at a high price for patients, especially if they are very old or very young. Large awards for pain and suffering were eliminated, which forces attorneys to take cases only in which there are economic losses generally from lost wages. American Statesman, 03/28/2006

Caps on Medical Malpractice Cases Exact a High Price

Caps on Medical Malpractice Cases Exact a High Price
Physicians and hospitals are seeing a decline in insurance premiums but at the cost of those injured by medical malpractice. Some claim the caps enacted nearly two and half years ago can be credited for the decline, but others believe the low prices will only depend on if the insurance companies turn a profit this year. The executive director of Texas Watch also worries that more patients are being injured because there is less accountability. Eric Dexheimer, Austin American Statesman 03/28/2006 Read Article: Austin American Statesman

Plaintiffs say Blue Cross Illegally Dumped Patients who were Too Costly

Plaintiffs say Blue Cross Illegally Dumped Patients who were Too Costly
Ten lawsuits were filed alleging Blue Cross of California and Blue Cross Life & Health illegally dropped coverage for patients after they required costly medical treatment. Lisa Girion, LA Times 03/28/2006 Read Article: LA Times

Unfair Insurance Practice: Zurich American Insurance Settles Several Charges of Bid Rigging

Unfair Insurance Practice: Zurich American Insurance Settles Several Charges of Bid Rigging
Zurich policyholders will receive $88 million and $39 million will go to NY, CT, and IL. According to the IL Attorney General, "Our investigation revealed that Zurich schemed with insurance brokers and other insurers to rig bids, behavior that led policyholders to pay more for insurance." Zurich will not admit to any wrongdoing under the terms of the settlement. Associated Press, The New York Times 03/28/2006 Read Article: The New York Times

Jury Awards WV Girl Injured During Botched Delivery

Jury Awards WV Girl Injured During Botched Delivery
A 9-year-old girl that was severely brain-damaged at birth was awarded $17 million in a lawsuit against Monongalia General Hospital and her obstetrician. However, the state's caps on non-economic damages will bring the total award to $13 million. According to the suit, doctors failed to perform a Caesarean section in a timely manner, which caused oxygen deprivation while she was in the uterus. Philly Burbs, PhillyBurbs.com 03/28/2006 Read Article: PhillyBurbs.com

Huge Giveaways for Oil Industry

Huge Giveaways for Oil Industry
While Louisiana scrambles for money to rebuild its eroded and damaged coast, oil and gas companies receive billions in offshore royalty relief that should be going into the U.S. Treasury. Louisiana is not getting the federal aid it needs for coastal restoration and energy companies continue to ask for huge tax breaks. Editors ask, "What's wrong with this picture?" Editors, The Advocate 03/28/2006 Read Article: The Advocate

US Chamber of Commer

U.S. Chamber of Commerce doesn’t like working families…
The Association of Trial Lawyers of America reveals background information about the U.S. Chamber's report on legal systems. For example, the Chamber commissioned a poll of corporate lawyers at companies with $100 million or more in annual revenues. The pollster said there's no way to measure the fairness of a legal system. After the poll ranked West Virginia as having the worst legal system, the Chamber CEO and pollster admitted few of those surveyed knew anything about the state's court system. Read ATLA's information. Association of Trial Lawyers of America, 03/27/2006

Arsenic Removal in Soil is Model Project; DEQ says 'unnecessary'

Arsenic Removal in Soil is Model Project; DEQ says 'unnecessary'
In a test project by the Deep South Center for Environmental Justice and United Steelworkers of America, about three inches of topsoil said to be contaminated with arsenic as a result of Hurricane Katrina will be removed and replaced at 10 New Orleans homes. A spokesman for DEQ said the work is "completely unnecessary" because the arsenic levels fall into the standards for screening, not cleanup.   Leslie Williams, New Orleans Times-Picayune  03/24/2006  Read Article: New Orleans Times-Picayune    

Child Dies of Lead Poisoning From Reebok Charm

Child Dies of Lead Poisoning From Reebok Charm
Reebok will recall more than 300,000 promotional heart-shaped charms that contained 99 percent lead. The recall was prompted by the death of a 4-year-old who ingested the bracelet. Reebok's president said, "I will do everything in my power to ensure that no other family, no other child, suffers from a similar tragedy." Caroline E. Mayer, The Washington Post  03/24/2006 Read Article: The Washington Post    

Cruise Line Passengers Not Covered for Unaffiliated Tours

Cruise Line Passengers Not Covered for Unaffiliated Tours
Tourists who book a tour that is not affiliated with their cruise line cannot rely on the cruise ship company's liability. Recent incidents, such as an onshore excursion that killed 12 people in Chile, highlight the need for travel insurance. However, some would also like to see the cruise line companies educate passengers more about the risks of choosing an unaffiliated tour operator. Laura Wides-Munoz, Houston Chronicle 03/24/2006 Read Article: Houston Chronicle

Fidelity Investments Laptop Containing Sensitive Data is Stolen

Fidelity Investments Laptop Containing Sensitive Data is Stolen
Fidelity Investments confirmed reports that a laptop containing sensitive data on about 196,000 HP retirement-account customers was stolen. Fidelity has offered customers free credit monitoring for 12 months and will reimburse account holders for fraudulent transactions linked to the stolen laptop. Houston Chronicle, Houston Chronicle 03/24/2006 Read Article: Houston Chronicle

Alaska's Aging Oil Facilities Pose a Threat

Alaska's Aging Oil Facilities Pose a Threat
Despite improvements made to oil tankers, there is a still potential for an oil spill disaster in the Prince William Sound region. However, the problem has shifted onshore to the aging pipelines and facilities. A small hole in a transit line, operated by BP Exploration, leaked 267,000 gallons of oil into a tundra for five days. Matt Volz, Houston Chronicle 03/24/2006 Read Article: Houston Chronicle

Child Dies of Lead Poisoning From Reebok Charm

Child Dies of Lead Poisoning From Reebok Charm
Reebok will recall more than 300,000 promotional heart-shaped charms that contained 99 percent lead. The recall was prompted by the death of a 4-year-old who ingested the bracelet. Reebok's president said, "I will do everything in my power to ensure that no other family, no other child, suffers from a similar tragedy."  Caroline E. Mayer, The Washington Post 03/24/2006 Read Article: The Washington Post    

Guidant Review Process Lacked Medical Input

Guidant Review Process Lacked Medical Input
An expert panel found that Guidant Corp. failed to assess patient safety when they decided not to publicize their products' failures. The company relied on engineers' projections rather than assessments from doctors. The panel commissioned by Guidant said, "under no circumstances should a potential or manifest risk of a preventable death be superseded by statistical analyses that indicate that performance remains with general guidelines." Barry Meier, The New York Times 03/21/2006 The New York Times

CA Air Still Among the Worst After Decades of Cleanup Efforts

CA Air Still Among the Worst After Decades of Cleanup Efforts

Residents in Los Angeles and Orange counties are being exposed to twice the amount of cancer risk as the rest of the nation. The state spent 20 years trying to clean up fumes from cars and factories. Despite the alarming figures, the chief of air toxicology and epidemiology at COEHHA says "big progress" has been made, considering the population growth in California. Marla Cone, LA Times 03/22/2006 LA Times

Pipe Company Settles Worker's Racial Discrimination Suit

Pipe Company Settles Worker's Racial Discrimination Suit
An African-American worker in Texas will receive a $1 million settlement from Commercial Coating Services for alleged abuse by white co-workers. The lawsuit contends workers subjected the man to racial epithets and choked him with a hangman's noose. "This is the worst case of discrimination I've ever seen," said the EEOC lawyer that handled the case. L.M. Sixel, Houston Chronicle 03/22/2006 Houston Chronicle

'Insurers still gained while Floridians lost'

Article states it's important for lawmakers and the public to know fact from fiction. After four hurricanes, major insurance companies doing business in Florida announced record losses and called for rate hikes. Some companies said they lost decades of profits and pushed for the state-funded insurance plan to pick up more of the risk. During the same time, company executives told analysts their companies would show a profit. Article states, "It's a proven posture for Florida's insurance industry: plead hardship to state politicians while still earning profits, or 'surpluses' in the case of mutual insurers." Matt Reed, Florida Today, 12/09/2004

Survey Finds Declining Number of Doctors Give Charity Care

Survey Finds Declining Number of Doctors Give Charity Care A survey by the Center for Studying Health System Change found that only 68 percent of doctors gave some form of charity care. This number is down from 76 percent, which was recorded 10 years ago. Busy schedules, reduced reimbursement rates and debt from medical school have contributed to the problem. Ceci Connolly, The Washington Post 03/23/2006The Washington Post

Inadequate Care Turned "Darling" Bus Into Deathtrap

Inadequate Care Turned "Darling" Bus Into Deathtrap
The bus known as No. 300 was once the "Lincoln Town Car of tour coaches" but lax oversight by several small companies turned it into a deathtrap. The bus is now better known for causing the death of 23 nursing home patients fleeing Hurricane Rita. Michael Grabell, The Dallas Morning News 03/22/2006 The Dallas Morning News

Parents & Physicians Should Be Warned of Stimulants' Risks

Parents & Physicians Should Be Warned of Stimulants' Risks
A planning document released three weeks before the deadly BP blast in Texas City highlighted safety shortfalls at the refinery. This is just one of thousands of internal documents that show basic lapses in safety. The first trial date against BP has been set for September 18th. Anne Belli, Houston Chronicle 03/23/2006 The New York Times

Are Americans taking care of their own?

Are Americans taking care of their own? Growing Population of Elderly in U.S. Prisons

A recent study suggests that prisons are not a safe place for older people. This vulnerable group is growing quickly and is expected to make up one-third of the prison population by 2030. The study's author said, "prisons aren't geared to the needs and vulnerabilities of older people." HealthDay News, Forbes 03/20/2006 Read Article: Forbes

Like a Good Neighbor? Think again. State Farm Insurance Co. records subpoenaed for grand jury investigation....

Like a Good Neighbor? Think again. State Farm Insurance Co. records subpoenaed for grand jury investigation and Rimkus Consulting Group Inc. accused of cheating to protect insurance companies…

A lawsuit filed by an elderly Gulfport couple claims an engineering company changed a report to eliminate the effect of hurricane wind damage upon their home. The lawsuit claims that a local engineer affirms his report was changed and his signature was forged, according to records obtained by attorney William Weatherly. The homeowners are suing Rimkus Consulting Group Inc. and the individual engineer who signed the report. Attorney General Jim Hood is investigating possible fraud by insurance companies handling Hurricane Katrina claims, and recently subpoenaed State Farm's records. Anita Lee, Biloxi Sun Herald 03/18/2006 Read Article: Biloxi Sun Herald

Republican Supreme Court protects Big Business fraud....

A conservative Republican Supreme Court, with no resistance from a minority of Democratic appointees, turned its back on workingmen and workingwomen.

In Merrill Lynch v. Dabit, 04-1371, the U.S. Supreme Court blocked state class-action lawsuits by stockholders who tricked into holding onto declining shares.

“It was a major victory for Merrill Lynch & Co., which faced a spate of lawsuits prompted in part by New York Attorney General Eliot Spitzer's 2002 probe into the investment banking firm's practices. Spitzer uncovered records showing that Merrill Lynch analysts publicly recommended that investors buy stocks that were described privately as a ‘disaster’ or ‘dog.’ Merrill Lynch agreed to a $100 million fine.”

William Federman, the Oklahoma City attorney for the brokers, said: "It sends a signal to investors this court is seeking to continue what Congress started, to protect big business.”

I believe the equality of man...

“I believe the equality of man, and I believe that religious duties consist in doing justice, loving mercy, and endeavoring to make our fellow-creatures happy.” Tom Paine. Those are simple but powerful words. In the hands of tyrants and greedy men, they’re also meaningless words. There was a time, not long ago, when courts welcomed workingmen and workingwomen. Not so today. Now courts are exclusive venues for the “haves and have-more.”