Justice Roberts Pulls A Scalia and Sticks It To Middle Class Investors Again!

In Stoneridge Investment Partners v. Scientific-Atlanta Inc. and Motorola Inc., the U.S. Supremes stuck it to the middle class again.

A conservative Republican Supreme Court ruled that people who buy shares in companies that defraud them can't sue those who helped cook the books. The Supreme's "hey, suck it up" approach was not totally unexpected in view of the Supreme Court's unabashed protection of business fraud.

But hey, you who philosophize disgrace take the rag away from your face, cause now ain't the time for your tears. Here's the real outrage.

Supreme Court Chief Justice John Roberts, the pinnacle of honesty, pulled a "Jutice Scalia" move. At first, Roberts recused himself in the case, because he owned stock in Cisco, the parent company of defendant Scientific-Atlanta. But then, Roberts rejoined case and ruled in favor of the corporate thieves, after selling his stock in Cisco.

To add salt to the investor's wound, Solicitor General Paul Clement at first sided with the Securities and Exchange Commission, who sided with investors, but changed his position and sided with the corporate thieves in response to pressure from the Bush administration. (Here's the Clement's brief favoring the corporate thieves).

Texas Lawmakers Challenging Expanded Industrial Liability Shield

Texas lawmakers, plaintiff attorneys and union groups are challenging a controversial Texas Supreme Court ruling that wrongly shields industrial plants from liability claims filed by contract workers.

Continuing the draconian tradition of protecting corporate greed, the conservative Texas Supreme Court ruled unanimously that a contract employee at an Entergy Gulf States plant could not recover damages for negligence, because workers’ compensation laws protected the company.

A bipartisan group a legislators has filed briefs with the court asking it to rehear the case. Clay Robinson, Houston Chronicle 12/10/2007 Read Article: Houston Chronicle

Medical Omerta: Healthcare Study Proves The Conspiracy Of Silence Among Doctors Is Real

The tacit "communal" unspoken consensus is that "certain things" are NEVER discussed. Heck, we learned that as kids; no one wanted to "snitch" on a friend. The mafia called it “omerta,” the categorical prohibition of cooperation, even when one has been a victim. The "cover-up" exists in all walks of life except medicine, right?

"I swear by ...all the gods and goddesses," the Hippocratic Oath declares,"that I will fulfill according to my ability and judgment this oath and this covenant....Whatever houses I may visit, I will come for the benefit of the sick, remaining free of all intentional injustice, of all mischief and in particular of sexual relations with both female and male persons, be they free or slaves." For decades doctors assured us that their profession was different. Doctors denied the existence of a conspiracy of silence to "cover-up" medical errors.

But, a study conducted by researchers at the Massachusetts General Hospital reveals that doctors don’t practice what they preach when it comes to reporting mistakes or potentially negligent behavior among their colleagues.

The MGH study found that nearly half of the doctors who participated had failed to report incompetence, impairment or medical error by another doctor despite saying that such errors should be reported.

Alexandra Perloff-Giles, Harvard Crimson 12/06/2007 Read Article: Harvard Crimson

Effectiveness, Safety of Zetia and Vytorin, Cholesterol Drugs, in Doubt

Zetia and Vytorin are two widely prescribed cholesterol drugs. Both drug are marketed and sold by Schering-Plough and Merck.

Cardiologists have been demanding Schering-Plough and Merck come forward with clinical trials to prove the drugs’ effectiveness and safety. Cardiologists fear that if the drugs prove to be less effective than advertised, patients may be putting themselves at unnecessary risk of heart attacks. Approximately 800,000 Americans are prescribed Zetia and Vytorin each year.

So far neither Schering-Plough nor Merck have published the results of Zetia and Vytorin trials. This ain’t Denmark, but something’s rotten here.

And this also ain’t Kansas, so the wizards at Schering-Plough and Merck better publish the data, if it’s true. 800,000 live depend on it!

Alex Berenson, The New York Times 11/21/2007 Read Article: The New York Times

We knew it all the time, didn’t we? Whistle-blower says defects hidden at Toyota-GM plant.

Katy Cameron, a veteran auditor at a General Motors / Toyota plant in California, has filed a whistleblower lawsuit against the automakers claiming the managers intentionally overlooked serious safety flaws. Ms. Cameron says plant management routinely deleted defects that included brake and seatbelt problems. See, my Blog -- Good guys win: Hawaii Judge Finds for Plaintiff in Seatbelt Defect Case More about "whistleblower lawsuits."

As soon as she voiced concerns about the safety problems, Ms. Cameron was demoted and accused of suffering from mental instability. Yuri Kageyama, USA Today 11/20/2007 Read Article: USA Today

Trade Secrets Used To Block Disclosure Of Safety Concern

It’s hard to imagine anything standing in the way of the public’s right to know when a corporation endangers the health and safety of a community. Yet, it happens every day under the guise of protecting a corporation’s “trade secret.”

Here’s a case in point.

California officials refuse to disclose the ingredients of a chemical pesticide sprayed over fields, homes, businesses and schools in Northern California. California say it can’t identify the “inactive ingredients” of the pesticide without violating laws “governing corporate trade secrets.”

Spraying of the pesticide was suspended after residents complained that the initial application caused asthma-like symptoms, burning eyes, rashes and stomach pains. This problem raises a basic question: How can any corporation have a right keep a safety hazard a secret? Read -- Paul Pringle, LA Times 10/18/2007 Read Article: LA Times

FDA Convenes on Cold Drugs for Youngsters

A group of pediatricians told FDA advisers that cold and cough medicines should not be given to children under six years old.

An FDA panel is currently considering a petition that seeks government recognition that the medicines are ineffective and unsafe for children under six years of age.

Meanwhile, drug makers stopped the sale of over-the-counter medicines for toddlers citing potential for overdoses.

See, Andrew Bridges, LA Times 10/18/2007 Read Article: LA Times

The Star Chamber: Conservative La. Fed. Judge Dismisses Insurance Whistleblower Suit

Conservatives have purged the judicial system of judges who are willing to protect the rights of the middles class and working families. Corporate America owns the federal judiciary. Terrible judicial decisions are to be expected. But, this really hurt Louisiana!

Here’s what happened.

Recently, U.S. District Judge Peter Beer, an icon of Louisiana conservatism, dismissed a lawsuit filed by several former insurance adjusters who were prepared to testify that a number of major private insurance companies systematically over-billed the National Flood Insurance program by shifting their expenses over to the federal flood program.

Judge Beer said the suit could be continued under a “different whistleblower lawsuit in Mississippi” that deals with denial of hurricane wind claims and possible fraud against the federal flood program.

The problem is that the “cheating” occurred in Louisiana!

That didn’t deter Judge Beer. He reasoned that the rules of the False Claims Act provide that a whistleblower lawsuit can't proceed if another on the same subject has already been filed. The Mississippi lawsuit was unsealed and became public knowledge after the Louisiana lawsuit had been filed.

We need a congressional investigation into the over billing of the National Flood Insurance Program, with demands to know why the U.S. Department of Justice and Homeland Security are not pursuing the matter. Read: Rebecca Mowbray, New Orleans Times-Picayune La. whistleblower suit dismissed

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

Good guys win! Allstate to Reimburse Policyholders for Medical Claims

Allstate Insurance Co. has agreed to reimburse thousands of Washington state drivers involved in a class action lawsuit against the company.

Allstate uses its medical bill review practices to arbitrarily limit payments for legitimate medical expenses incurred by policyholders.

The settlement covers an estimated 30,000 to 40,000 drivers who filed claims under personal-injury protection or Medpay coverage.

Phuong Cat Le, Seattle Post-Intelligencer 10/15/2007 Read Article: Seattle Post-Intelligencer

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

National Arbitration Forum. Rent-A-Judge! How Arbitration Is Undermining Justice for Consumers

Troy Cornock is a regular guy, not unlike you and me. Like most us, Troy had never heard of the National Arbitration Forum (NAF). One day, Troy received a letter from NAF saying he owed money on a credit card.

Here's the problem: Troy never signed a credit card agreement, and Troy's ex-wife had made all of the charges. Ex-spouses are known to do that. Yet, the NAF ordered Troy to pay more than $9,000 anyway.

Troy’s story is just a small example of how “mandatory arbitration clauses” have pervaded the consumer landscape and prevented customers from getting their day in court. Rent-A-Judge and get the decision you want!

Gary Weiss, Forbes 10/11/2007 Read Article: Forbes

Tough-love? I'll say! Report Cites Abuse, Neglect at Youth Boot Camps

Remember tough-love? You bet it's tough, more like brutal, if it's ever rational to use tough and love in the same sentence.

A recent Government Accountability Office (GAO) report found rampant abuse and neglect at many of the nation’s privately run boot camps and residential treatment facilities for troubled youths.

The GAO report showed that the management and employees of such facilities were rarely sent to prison, even when teenagers died in their care.

Responding to the report, House leaders said they plan to introduce legislation to bring the industry under federal control.

Diana Jean Schemo, The New York Times 10/11/2007 Read Article: The New York Times

SUVs Receive Marginal Ratings for Side Impacts

Tests by the insurance industry revealed that some sport utility vehicles don't provide the side-impact protection that many consumers expect.

According to reports released Thursday by the Insurance Institute for Highway Safety, the 2008 --

Chevrolet TrailBlazer,

Jeep Grand Cherokee,

Nissan Pathfinder, and

Nissan Xterra.

All of these vehicles received marginal ratings in the institute’s 31 mph side-impact testing. Vehicles evaluated by the institute are rated good, acceptable, marginal or poor based on the results of testing.

Ken Thomas, The Washington Post 10/11/2007 Read Article: The Washington Post

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

State Farm's Database Insufficient to Set Med Costs

The Colorado Court of Appeal unanimously rejected State Farm Mutual Automobile Insurance's "exclusive computer database" to calculate medical costs.

State Farm used Sloans Lake Auto Injury Management, a medical database that compares physician charges against same or like services in a geographic region. The court conculded that the technique was arbitrary and unreeasonable.

The case is Pauline Reyher and Dr. Wallace Brucker v. State Farm Mutual Automobile Insurance Co. Insurance Journal, Insurance Journal 09/25/2007 Read Article: Insurance Journal

Jury Awards Punitive Damages Against Pharmaceutical Mfg. Wyeth

Have you used Prempro or Premarin?

A Nevada jury ordered Wyeth, formally known as American Home Products, a prescription drug maker, to pay $99 million in punitive damages to three women, because the company’s menopause drugs caused cancer. Jurors had originally awarded the women $135 million in compensatory damages but the amount was later reduced to $35 million. Three other juries have found that the hormone replacement therapies, Prempro and Premarin, contributed to breast cancer.

Wyeth also manufactures over-the-counter (OTC) drugs like Robitussin and the analgesic Advil (ibuprofen).

Jef Feeley, Bloomberg 10/16/2007 Read Article: Bloomberg

Class Action Against Microsoft, Best Buy to Proceed

They got caught! They got caught!

The Supreme Court, conservative bent notwithstanding, upheld a ruling Monday that will allow a class action lawsuit against Microsoft Corp. and Best Buy Co. to go forward.

The federal class action lawsuit involves thousands of consumers, just like you and me, that were cheated when Microsoft Corp. and Best Buy Co. surreptitiously charged them for services they did not want.

Microsoft Corp. and Best Buy Co. had asked the Supremes to dismiss the lawsuit which alleges violation of racketeering laws.

AP, LA Times 10/16/2007 Read Article: LA Times

Allstate to Reimburse Policyholders for Medical Claims

Allstate Insurance Co. has tentatively agreed to reimburse thousands of Washington drivers involved in a class action lawsuit against the company. According to the lawsuit Allstate’s medical bill review practices arbitrarily limited payments for legitimate medical expenses incurred by policyholders. The settlement covers an estimated 30,000 to 40,000 drivers who filed claims under personal-injury protection or Medpay coverage.

Phuong Cat Le, Seattle Post-Intelligencer 10/15/2007 Read Article: Seattle Post-Intelligencer