Indifferent Conservative Judges Try To Muzzle Dissenting Judge

I have written often about indifferent conservative judges. For the most part, these judicial impostors have limited their attacks to judges they call "liberal activist judges." But, in an ugly Mississippi judicial proceeding, a cadre of judicial charlatans has tried to silence even the most moderate voice. Here’s the situation.

On August 23, 2008, the Biloxi Sun Herald (Diaz's dissent raises ruckus) reported that the Mississippi Supreme Court attempted to suppress the dissenting opinion of Justice Oliver Diaz. Let me repeat: The Mississippi Supreme Court ordered the clerk to hide the opinion of a dissenting judge! Diaz correctly called the Mississippi Supreme Court's decision "unprecedented." I have tried cases for 30 years, and I have never seen an instance in which a court "muzzles" one of its own members. To call such behavior "unprecedented" is an understatement. It is an outrage!

Here’s what got Diaz muzzled.

The Mississippi Supreme Court tried to throw out a wrongful death case, claiming the statute of limitations had run. Curiously, the Mississippi Supreme Court said that the statute of limitations begins to run on a death claim even before the individual died. Let me repeat: The Mississippi Supreme Court said that an individual had to file his death claim before he died. Not only did the Mississippi Supreme Court have to “stretch" to deprive an individual of his rights, but in doing so it reversed 150 years of case law and insulted commonsense.

In his dissent, Justice Diaz correctly wrote that it was "absurd" to think that a claim for wrongful death must be filed before the person dies!

But there is a story behind this story. Diaz, who took the bench as a conservative, angered his fellow conservatives because he often took the part of the "little guy" and "working families," as his dissent demonstrates. For Justice Diaz fairness was more important than pandering to big business and powerful corporations. Justice Diaz wanted no part of "checkbook justice, for which he received a judicial muzzle from the indifferent colleagues.

Dark clouds have gathered for justice in America. The fabled "liberal activist judge" has been replaced by real, mean-spirited, indifferent conservative judge, proving once again that justice is a fickle thing...

Stop Union Bashing: Judge Upholds Award for GM Workers

General Motors Corp. illegally refused to allow "workers to switch from salaried positions to unionized hourly jobs." Five ex-employees of GM's former Allison Gas Turbine Division sued GM.

A jury agreed with the workers. The jury found that GM broke its promise that workers could switch from salaried positions to unionized hourly jobs at their request and awarded the worker $3.1 million.

Recently, Judge David F. Hamilton, chief judge of U.S. District Court in Indianapolis, has upheld a $3.1 million jury award against GM. In the ruling, District Court Judge David F. Hamilton was critical of GM, saying the automaker should be ashamed of its treatment of employees.

Staff, Indianapolis Star 08/16/2008 Read Article: Indianapolis Star

Check Your Doctor’s Bill. Consumers Facing Rise in Medical Billing Errors

Who hasn’t looked at a doctor’s bill or hospital bill and said, “That can’t be right!” Well, it probably isn’t right!

Consumer advocates say, medical billing errors that range from a few bucks to tens of thousands are an increasingly common problem.

Medical Billing Advocates of America (MBAA) warns that coding errors, confusion over in and out of network providers, and high-deductible health plans are common problems in over-billing cases.

AP, LA Times 10/28/2007 Read Article: LA Times

HMO, Kaiser Permanente, Doctor Accused of Negligence

A doctor accused of gross negligence in the deaths of at least 2 children he helped deliver remains on the job with the nation’s largest HMO.

Beginning in 2002, “doctors and nurses repeatedly” complained to officials at Kaiser Permanente that Hamid Safari posed potential risks to patients under his care.

How did Kaiser over the years respond? This year, Kaiser finally restricted Safari’s duties.

It’s reported that California regulators are seeking to revoke or suspend Safari’s license and have fined Kaiser $3 million for its handling of physician errors throughout the state.

Tracy Weber and Charles Ornstein, LA Times 10/16/2007Read Article: LA Times

Drug Maker to Block Sale of Low Cost Cancer Drug

The good and bad of money…money…. money!

Pharmaceutical giant Genetech makes Avastin, a cancer drug that is also used to treat macular degeneration, which causes blindness in the elderly. Genetech also makes Lucentis, a drug used to treat macular degeneration. And, that’s good!

But, here’s the problem: Retinal specialists prefer to use Avastin because of its cheaper, about $50 a dose, while Lucentis costs about $2000 a dose. And, that’s good!

If it keeps making Avastin, Genetech will lose $1950 per dose. So, Genetech has told retinal specialists that it not going to produce Avastin, because Lucentis is “really-really-no-joke-pinky-swear” better than Avastin. And, that’s bad!

Elderly folks can’t afford a drug that cost $2000 a dose to prevent blindness, so they’ll go blind. And, that’s bad!

Andrew Pollack, The New York Times 10/12/2007 Read Article: The New York Times

Child Cough Medicines Recalled

Johnson & Johnson has ordered a voluntary recall of certain cough and cold products for infants amid reports that misuse could lead to overdoses.

A Johnson & Johnson spokesman says the recall affects infants under two years of age who are particularly at risk for overdose if the products were not administered properly.

The products being recalled include: infants' Tylenol Drops Plus Cold; Concentrated Infants' Tylenol Drops Plus Cold & Cough; Pediacare Infant Drops Decongestant; Pediacare Infant Drops Decongestant & Cough; Pediacare Infant Dropper Decongestant; Pediacare Infant Dropper Long-Acting Cough; and Pediacare Infant Dropper Decongestant & Cough (PE) products.

The Food and Drug Administration issued a public health advisory earlier this year warning parents not give cough and cold medicines to infants and toddlers without a doctor’s direction.

AP, The Washington Post 10/11/2007 Read Article: The Washington Post