Friday Fun


The Web site NeverLikedItAnyway is a clever one. It’s basically a resale site, where people list items of jewelry or clothing, among other things, and visitors can buy those items directly from the sellers. The clever part is that the items are gifts from former spouses or significant others. After the relationship breaks up, the sellers put up funny little notes about why they decided to sell the products. Here’s one example:

The Product:

Adrienne Vittadini Black Leather “Jeff” Boot
Size 8.5
Back zip boot
Low heel
New in the box

The Story:

His name was Jeff. He turned into a heel. Cannot wear the boot knowing that it’s name is Jeff… although every step I take if I did keep them would make me feel like I was stepping on his head…. hmmmm…. maybe I could keep them. No. Someone else should stomp him. Please take them off my hands.

Only Three 2012 Trucks Receive Highest Safety Scores From IIHS


Newsday/Tribune Media Services reported, “Only three pickup trucks — the Ford F-150, Toyota Tundra and Honda Ridgeline — have been named Top Safety Picks for 2012 by the Insurance Institute for Highway Safety (IIHS).” According to the IIHS, “The award recognizes vehicles that do the best job of protecting people in front, side, rollover and rear crashes based on ratings in Institute evaluations.”

From the American Association for Justice press release.

AAJ Assails Supreme Court Ruling That Credit Repair Firms Can Require Binding Arbitration


The ABA Journal reported that the Supreme Court “has ruled that consumers who received the Aspire Visa credit card are bound by a mandatory arbitration provision in their applications.” Justice Antonin Scalia wrote the majority opinion in the case, CompuCredit Corp. v. Greenwood, with Justice Ruth Bader Ginsburg was the only dissenter. The class-action lawsuit under the Credit Repair Organizations Act featured plaintiffs who claimed they were promised $300 in available credit for a low-rate Aspire Visa card, but were charged $257 in fees during the first year, noting that the Act requires credit repair organizations to tell consumers, “You have the right to sue a credit repair organization that violates the Credit Repair Organization Act.” Gary Paul, president of the American Association for Justice, “criticized the decision in a press release.” The AAJ release stated, “With this ruling, the US Supreme Court has given corporations a way to escape accountability by forcing consumers into a rigged and biased forced arbitration process, even when Congress expressly provides a remedy in a court of law.”

The Los Angeles Times adds that although the 1996 law specifically gave customers the right to sue any firm in violation, the Supreme Court “ruled Tuesday that credit repair companies could block such lawsuits and instead force disgruntled customers into binding arbitration if they had agreed to such a provision in the fine print of their agreements.” The Times observes that the decision “is another in a string of high court rulings in recent years that have backed an arbitration clause over a customer’s right to file a lawsuit,” and notes that the trend “alarms some consumer advocates, who complained that arbitration proceedings typically favor companies and remove the strong deterrent of class-action lawsuits.”

The AP reported that the 9th Circuit had interpreted the 1996 law’s provision giving consumers a right to sue as being “a right to go to court, rather than be forced to submit to arbitration,” although two other federal appellate courts had ruled otherwise. Reuters and the Wall Street Journal /Dow Jones also reported the story.

Some major credit cards are dropping arbitration. Even as the Supreme Court was overruling a 9th Circuit decision that the Credit Repair Organizations Act barred mandatory binding arbitration, CreditCards.com reports that some of the nation’s largest credit card companies, including Chase, Bank of America and Capital One, “have announced that they are dropping the arbitration requirement from their consumer agreements or will not enforce it.” The article also noted that the Minnesota attorney-general had sued a major arbitration firm for deceptive practices, and that the American Arbitration Association had called for reforms in mandatory arbitration.

From the American Association for Justice press release.

Texas’ New Insurance Chief Being Watched by Consumers, Lawmakers, and Industry


Texas has long had one of the weakest insurance departments in the nation — a department controlled by the insurance industry, and not at all helpful to consumers who have complaints. But now there is a new head of the department, and we can at least hope for improvement. However, so far there does not appear to be much reason to expect a shift from protecting insurance companies to protecting insurance consumers. The Dallas Morning News ran a profile of Eleanor Kitzman. Here are excerpts:

Five months on the job as Texas’ top insurance regulator, Houston native and former insurance executive Eleanor Kitzman is under close scrutiny by consumer groups, lawmakers and insurers as she deals with the first major rate filings of her tenure.

As head of the agency that regulates the state’s multibillion-dollar insurance industry, Kitzman will make decisions that directly affect the pocketbooks of most Texans — those who buy auto, home, health or other types of insurance — as well as the business fortunes of hundreds of insurers.

Her lengthy background in the industry — including the auto insurance business she started in South Carolina — gives her a leg up in overseeing the market, but also makes some consumer groups skeptical about whether she will hold companies accountable for anti-consumer practices.

“I have a different agenda than I did when I was running my insurance business or working as an attorney for insurance companies,” Kitzman said in a recent interview. “I know how the business works, so I know what insurance companies can do.”

Kitzman insisted her background and knowledge of insurance put her in position to “better serve consumers in every way.” But, she added, “having a robust, competitive market is very good for consumers.” She added: “I can also recognize gratuitous whining [by insurers] when I see it.” But consumer advocates fear she’s already shown her tendency to favor insurers.

In her first major decision last fall, Kitzman approved a rate plan by the state’s largest insurer, State Farm, that will begin switching many of the company’s homeowner policies to a higher deductible. Policyholders will have to shoulder a greater share of their property losses — while paying slightly higher rates. The overall rate increase was only 2 percent in North Texas, but Kitzman acknowledged to a Senate committee that State Farm customers will be getting less coverage for their money because of the new deductible.

A leading consumer group, Texas Watch, accused her of giving in to the “biggest bully” in the Texas insurance market. “This was Commissioner Kitzman’s first big test, and she failed miserably,” said the group’s Alex Winslow. “Insurance companies and their lobbyists are crowing over the decision.”

U.S. to Force Drug Firms to Report Money Paid to Doctors


Here’s a rule that’s long overdue — make doctors disclose the payments they receive from drug companies and medical device manufacturers. Knowing that your doctor has just accepted a pile of money from a hip implant company right before he says you need a hip implant might cause you to get a second opinion.

The details of this story were published by the New York Times. Here are the opening paragraphs:

To head off medical conflicts of interest, the Obama administration is poised to require drug companies to disclose the payments they make to doctors for research, consulting, speaking, travel and entertainment.

Many researchers have found evidence that such payments can influence doctors’ treatment decisions and contribute to higher costs by encouraging the use of more expensive drugs and medical devices.

Consumer advocates and members of Congress say patients may benefit from the new standards, being issued by the government under the new health care law. Officials said the disclosures increased the likelihood that doctors would make decisions in the best interests of patients, without regard to the doctors’ financial interests.

Large numbers of doctors receive payments from drug and device companies every year — sometimes into the hundreds of thousands or millions of dollars — in exchange for providing advice and giving lectures. Analyses by The New York Times and others have found that about a quarter of doctors take cash payments from drug or device makers and that nearly two-thirds accept routine gifts of food, including lunch for staff members and dinner for themselves.

The Times has found that doctors who take money from drug makers often practice medicine differently from those who do not and that they are more willing to prescribe drugs in risky and unapproved ways, such as prescribing powerful antipsychotic medicines for children.

Under the new standards, if a company has just one product covered by Medicare or Medicaid, it will have to disclose all its payments to doctors other than its own employees. The federal government will post the payment data on a Web site where it will be available to the public.

Friday Fun


How many of you are there? No, not how many readers of this blog, but how many of YOU? How many people in the United States have your name? I can tell you there are 394 guys named Robert Kraft, and to me that’s 393 too many. I wish I were like my friend Conrad Saam. He swears he is the only person in the world with that name, because the last one died in Australia 100 years ago. So if you do a Google search for Conrad Saam, it’s him.

I have to share the spotlight with the owner of the New England Patriots, a prominent professor of religion, a musician, and 390 other fellows.

So check it out, and find out how many of you there are. Just go to HowManyOfMe.

HHS Report Finds Most Hospital Errors Unreported By Hospital Employees


In continuing coverage, ABC News reports on its website, “A new report released Friday by the inspector general of the US Department of Health and Human Services found that more than 80 percent of hospital errors go unreported by hospital employees.” The new “report, which looked at data from hospitalized Medicare patients, also found that most hospitals where errors were reported rarely changed their policies and practices to prevent repeat errors, saying the event did not reveal any ’systemic quality problems.’”

The National Journal reported, “In correspondence published alongside the report, former Centers for Medicare and Medicaid Services head Dr. Donald Berwick said Medicare officials plan to develop a list of reportable events to help make it clear what hospital employees need to look out for.”

From the American Association for Justice news release.

CDC Report Highlights Drunk Driving Epidemic


This guest post is from the New Jersey car accident lawyer firm of Console and Hollowell.

A Center for Disease Control and Prevention report showed just how often drivers are taking their lives and the lives of others in their hands by driving while under the influence of alcohol. The report shows that in 2010, legally drunk persons got behind the wheel 120,000,000 times. At this point, this is way more than a problem — it is an epidemic.

Far too often people are putting their own lives and the lives of everyone on the road in danger. The report also showed that some groups are more apt to drink and drive than others. Four out of five times the drunk driver was male. Men ages 21 to 34 were responsible for 32 percent of all episodes involving drunk driving.

Alcohol can severely impair someone. Even when below the legal limit the effects of alcohol are still present. These effects include:

  • .02 BAC, approximately 2 beers: Loss of judgment and trouble multitasking.
  • .05 BAC, approximately 3 beers: Above AND trouble steering and reduced coordination abilities.
  • .08 BAC, approximately 4 beers: Above AND impaired ability to control speed and increased difficulty understanding information.
  • .10 BAC, approximately 5 beers: Above AND trouble controlling vehicle and delayed reaction time.
  • .15 BAC, approximately 7 beers: Above AND seriously impaired concentration and driving ability.

(Adapted from the CDC)

The best ways to combat the drunk driving epidemic is for police to continue to enforce (and possibly even increase enforcement of) drunk driving laws, strictly enforce the drinking age, and possibly utilize ignition interlocks that prevent drivers who have previous DUI convictions from operating a vehicle while intoxicated.

Drunk driving is dangerous for everyone and every year countless people die as a result. If you or a loved one has been injured in an accident caused by a drunk driver, contact a New Jersey car accident lawyer today to find out your legal rights and options.

Texas Homeowners Pay Highest Insurance Premiums (Again)


I’ve written many times about the ridiculous and unfair system in Texas where the insurance industry controls the regulatory department that sets the rules for insurance rates. The not-so-unexpected results of such a system include Texas leading the nation in homeowner insurance rates year after year. And even worse, the homeowner policies being written today offer far less coverage than past policies. There are more exclusions in current policies than ever before. Here are excerpts from a recent article in the Dallas Morning News about homeowner rates.

Texas homeowners paid the most expensive insurance premiums in the country for the second year in a row, although average premiums in the state have not been increasing as sharply as in other states, according to new figures from the National Association of Insurance Commissioners.

The average annual cost of the most commonly sold policy in Texas was $1,511, which is well above the national average of $880 and about $50 more than in the state with the second-highest rates, Florida. Eight states had average premiums above $1,000 a year, and some of those have seen dramatic increases in recent years.

Consumer groups warned that Texas homeowners should not expect any relief soon, while industry representatives noted that premiums in the state are not rising as fast as in other states.

“For as long as anyone can remember, Texas has had among the highest insurance rates in the nation,” said Alex Winslow of Texas Watch, a consumer group active in insurance issues.

“The flip side is that coverage for most homeowners is getting slashed while their rates keep going up. With higher deductibles, expanded exclusions and a growing number of junk policies, Texas policyholders are being forced to pay more for less,” he said. “It’s like being forced to pay Cadillac prices and getting stuck with a clunker.”

Winslow said the situation would not improve until the Legislature beefs up laws regulating insurers and the commissioner of insurance “gets tough” with companies.

Mark Hanna of the Insurance Council of Texas said the premiums listed in the study reflect how catastrophic weather events can affect homeowner rates. He noted that several states with higher premiums were along the hurricane-prone Gulf Coast or in areas that experience a large number of destructive storms.

The “I Have A Dream” Speech


It is difficult to comprehend the profound impact on millions of people that a 16-minute speech delivered almost 50 years ago has had. We need to listen to this speech more often than once per year. Here are links to the text and to the audio.

Please take a few minutes on Martin Luther King, Jr. Day to refresh your memory.

Friday Fun


My wife is one of the world’s great bakers. I can’t even cook toast. But if all recipes were presented in stop-motion video as this one is, I think even I could learn to bake.

Stop-Motion Biscuit Cake from Alan Travers on Vimeo.

AAJ, Others Point Out Flaws in Chamber’s Lawsuit Abuse List


The Jersey Journal reported, “The US Chamber of Commerce’s Institute of Legal Reform published a list of 2011’s most ridiculous lawsuits as compiled by FacesofLawsuitAbuse.org.” The website also features “a poll in which readers were able to vote on the lawsuit they felt was most ridiculous.” However, the Jersey Journal noted, American Association for Justice spokesperson Micelle Widmann “was quick to point out the irony” of the Chamber’s list. “Absent from the Chamber’s list is the more than 100 lawsuits they file annually to destroy workplace safety standards and eliminate consumer protections,” Widmann said. “But would you expect any less hypocrisy from a corporate front group raking in cash from chronic polluters, Wall Street banks, and big pharma?”

The National Law Journal lists some of the cases highlighted by the Chamber, noting that the organization “released the list on Dec. 29, and attempts to reach representatives of that organization or of the American Association for Justice, which represents the plaintiffs’ bar, were unsuccessful during the long holiday weekend.” However, the article was later updated to include the AAJ statement issued through Ms. Widmann.

In his “Y’Think?” blog in the Fayetteville Observer, Gene Smith took similar issue with the Chamber’s list, noting that “there’s no mention of the disposition of those cases” that are listed, and that some have already been dismissed while others have not yet reached a preliminary hearing. Smith also points out that “there’s not a bankruptcy on the list — not even an itty-bitty fine,” which is important “because (A) The Top Ten were posted by the chamber’s Institute for Legal Reform, a title that implies a need for a fix, and (B) the Institute’s annual roll call ‘helps to remind us that abusive lawsuits affect real people and real businesses, and can have harmful results to lives, jobs, and even our economic growth.’” No abuse is illustrated in the list, Smith contends.

From the American Association of Justice press release.

Window Blind Manufacturers Urged to Improve Safety of Products


I’ve written many times about the hazards to children of window blinds, and specifically the cords on the blinds. Consumer groups are losing patience with the manufacturers repeated promises to make their products safer, and the inevitable delays in implementing those promises. A story in the Seattle Times goes into detail about the dangers, and the delays. Here are excerpts:

A fight to make window blinds safer for children is growing more contentious after manufacturers of the common household product have ignored demands from federal regulators to eliminate exposed cords on window blinds and shades. The manufacturers, who set standards for their own products, are adopting less-stringent rules that safety advocates say won’t reduce injuries or deaths.

“The industry is clinging to the status quo and is refusing to address this very dire safety issue,” said Rachel Weintraub, director of product safety with the nonprofit Consumer Federation of America and a member of a task force drafting the new standards. “As frustrating as it has been, it is even more tragic.”

About one child each month strangles to death on cords of a window blind or shade, according to U.S. regulators. Children can get caught in the cords that hold the blinds together or the cords that are used to pull blinds up and down.

Last summer, safety regulators in the U.S., Canada and Europe told the window covering industry to enact product standards that would eliminate strangulation hazards. Inez Tenenbaum, chairman of the U.S. Consumer Product Safety Commission, gave an October deadline, but the task force, which is heavily influenced by the industry, did not meet it.

Many manufacturers say it isn’t feasible to rid window blinds of accessible cords and think it is impractical to eliminate all risk for any kind of product.

In a statement, Tenenbaum said the proposed standard from the task force “poses too much risk to the safety of children.” If the standard isn’t strengthened, she said the agency could be forced to pass mandatory standards. But doing so could take years.

Safety advocates and regulators want to rid blinds of cords that children can wrap around their necks, including long operational cords used to pull blinds up and down.

More than 200 children in the U.S. have died in the last two decades from being strangled in window cord-related accidents with blinds and shades, according to the federal safety agency. The annual rate has remained steady, the commission said.

The disagreement over blinds safety standards centers on tweaks suggested by the industry that advocates and regulators say don’t eliminate the strangulation hazard.

One example is what is known as tie-down or tension devices. The pieces, which are sometimes made of plastic, fasten to the end of a looped cord that pulls blinds or shades up and down. The device is supposed to be screwed into the wall or windowsill to hold the cord taut. The blinds can then be moved up and down on a sort of pulley system.

In theory, the taut cord reduces the risk that a child can wrap it around his or her neck. But safety advocates and regulators do not think those devices are safe because they break easily and often aren’t installed correctly.

Some companies do make blinds with inaccessible cords. The blinds move when someone grasps the middle and pushes or pulls up or down. Springs and a pulley system within the product help it work. Other blinds are made so inner cords are shrouded in fabric so they can’t be pulled out by a child.

Although that technology exists for some blinds and shades, others are too large or heavy to be lifted without cords, according to the industry; in other cases, blinds on extremely tall windows can only be raised or lowered with an operational cord. Plus, the industry notes, cordless technology can add to costs.

Over the years, the window coverings industry and regulators have tried to educate parents about safety hazards, and companies have tweaked products in hopes of making them safer. In 1994, some pull cords with continuous loops were cut to eliminate the loop. Tassels were added to each cord. But the tassels can get tangled.

Regulators and the industry also have tried recalls. In 2009, millions of Roman shades were recalled after regulators got reports of five deaths and 16 near strangulations in the products over three years. Kids were getting their necks stuck between the exposed inner cord and the fabric on the back of the blind.

But recalls are not noticed by many consumers and don’t always eliminate the strangulation hazard.

In the coming months, the window covering industry will continue trying to pass the less-stringent safety standards, which are voluntary for the industry. Regulators and safety groups are often part of the process and give suggestions, but the industry usually has the final say and more input.

In rare cases, government regulators step in and require mandatory standards, which the safety commission’s Tenenbaum has said she would consider.

That process can take years, however, because regulators are required to do an extensive cost-benefit analysis of any standard. To issue mandatory safety requirements, regulators have to prove that the voluntary ones won’t cut the risk of injury or that most manufacturers aren’t following them anyway.

A mandatory standard also might not get approval from the full commission, which is down to four commissioners after the retirement of a fifth. The commissioners would be deadlocked if they voted along party lines, which they often do.

Earlier this year Sen. Dick Durbin tried to force the industry to eliminate the strangulation hazard from blinds by adding language to a pending appropriations bill that would allow regulators to establish mandatory standards.

That provision and others affecting policy were recently dropped, however, so the bill focuses only on spending.

Safety advocates who were asked to participate in the standard-setting process are upset with what they say is the industry’s refusal to make changes. Donald Mays, one of the advocates and senior director of product safety planning at Consumers Union, said he plans to ask for an audit of the entire process.

“To me it is a lot of lip service saying they are making blinds safer,” he said.

AAJ President Praises New Guidance on Medicare Secondary Payer Program


Everyone involved with personal injury claims knows that dealing with Medicare has become a nightmare over the past several years. Without going into detail, following the convoluted process required by Medicare in order to get a verified amount owed (or a statement that nothing is owed) takes months after a settlement is made with the insurance company. That means the claimants have to wait all that time before they can get their settlement money. This frequently works an undue hardship on the claimants.

That’s why this story is potentially very good news for claimants, plaintiff lawyers, insurance companies, and insurance company lawyers. We all need relief.

Inside Health Policy reports that trial lawyers and other stakeholders are hailing recent guidance from the Centers for Medicare and Medicaid Services on a program for repaying Medicare for medical services following a third-party settlement, saying that it will help streamline the process. The Medicare Secondary Payer (MSP) program “will now allow beneficiaries with claims under $25,000 to self-calculate the amount owed, after which Medicare would send a final demand letter within 60 days that would be considered accurate for 60 days, according to the trial lawyers association, which supports the new guidance.” American Association for Justice President Gary Paul called the new CMS guidance “a ‘win, win’ for seniors, businesses, insurance companies and taxpayers,” adding that the “current system is riddled with inefficiency, costing taxpayers and businesses millions of dollars each year. Assuming CMS expands the program above the $25,000 threshold, this guidance will go a long way towards addressing these concerns.” Noting that further information is expected to be released by January 15, the account adds that CMS “has also said that it intends to extend the claims threshold beyond $25,000, which the American Association of Justice also strongly supports.” Lawyers USA also quotes the AAJ president in reporting the story.

From the American Association for Justice press release.

Study Reveals More Deaths By Poisoning Than Car Crashes


Here’s a story that took me by surprise — deaths by poisoning have overtaken deaths by auto collision in the United States. The latest statistics are from 2008, and were reported by the National Center for Health Statistics. The report was detailed in an article in the New York Times. Here are excerpts:

An analysis published by the National Center for Health Statistics found that opioid painkillers like morphine, hydrocodone (sold as Vicodin and other brands) and oxycodone (Percocet and other brands) were involved in more than 40 percent of drug poisonings in 2008. These drugs were implicated in more poisoning deaths than heroin or cocaine.

Opioid analgesics accounted for 14,800 of the 36,500 fatal drug poisonings in 2008. About 12,400 people died after taking other kinds of drugs, and for 25 percent of the cases where drugs were listed as a cause of death, no specific drug was mentioned.

There were considerable variations in rates of drug poisoning by age. The rate was highest among 45- to 54-year-olds, and people under 24 had the lowest rates of any group except those over age 65.

Non-Hispanic whites had higher rates of death from drugs than Hispanics, and rates among African-Americans were lower than both.

In 30 states, poisoning is the leading cause of injury death. New Mexico, West Virginia, Alaska, Nevada and Utah have the highest rates in the country.

The lead author of the study, Margaret Warner, a statistician with the federal agency, said that a multifaceted approach to solving the problem was needed, analogous to the various steps taken to improve traffic safety. Equipment improvements and law enforcement have combined to sharply reduce the rate of car crash deaths since 1980.

“The C.D.C. is doing some prevention work,” she said. “The Food and Drug Administration is looking at different regulations they can impose, and the Office of National Drug Control Policy is not just focusing on interdiction, but using a public health approach as well.”

According to the article, more than five million Americans in 2009-10 reported using pain relievers without a prescription or only for the feeling they caused.

Friday Fun


This short video of birds flocking is fascinating. It looks choreographed.

Murmuration from Sophie Windsor Clive on Vimeo.

FDA Tells Consumers Not to Use ShoulderFlex Massager


Here’s a rather alarming story about a massager that could strangle a user. As reported in the Boston Globe, The FDA is telling consumers who own the ShoulderFlex Massager not to use it. Here are details:

If you own a ShoulderFlex Massager, get rid of it, said the U.S. Food and Drug Administration. The device — which delivers a deep tissue massage to the neck, shoulders, and back while you’re lying down — was recalled last August after it killed one user and resulted in the near-strangulation of another. But the agency is concerned that the now bankrupt company, King International, didn’t do a good enough job recalling the product before it went out of business.

“King International has not followed through with recall procedures,” read the FDA press release. “The 800 number established by the firm for this recall is no longer in service; and many of the companies that sell this device are not aware of the recall or did not properly notify customers who purchased the massager.”

Hair, clothing or jewelry can become entangled in the ShoulderFlex Massager as it kneads on muscles, causing serious injury or even death from strangulation, according to the FDA. (Here are more details on the risks.)

“The ShoulderFlex Massager poses serious risks. Consumers should stop using this device, health care providers should not recommend it to their patients and businesses should stop distributing and selling the device,” said FDA compliance director Steve Silverman in a statement.

Owners of the device should dispose of it by removing the massage fingers so it can’t be used. Anyone who has been injured from the device can file a report with the FDA’s MedWatch program.

Governor Perry’s Texas Supreme Court Picks Criticized as Too Business-Friendly


Anyone in Texas who is involved in consumer rights or plaintiff law has had concerns for years about the makeup and the big-business proclivities of the Texas Supreme Court. So it came as no surprise to us to read a recent article in the Dallas Morning News regarding Governor Rick Perry’s appointments to the Court. Here are excerpts:

Over his 10 years in office, Rick Perry has picked more Texas Supreme Court justices than any other governor, and if he wins the White House, his choices could be a clue about what kind of justices he would nominate in Washington.

While Perry has been praised even by his critics for bringing diversity to the state’s highest civil court, critics say the governor leaned heavily on conservative, business-friendly ideology and gave too little consideration to judicial qualifications.

Texas high-court judges are elected, but the governor fills vacancies when sitting justices step down, so six of the nine current justices (all are Republicans) are Perry picks. Of those, four are racial minorities, two are women, and two have no prior experience as a judge. A Perry spokeswoman said the governor appoints the most qualified people based on their experience, background and legal philosophy.

What the appointees have in common, consumer groups, environmental watchdogs and other Perry critics say, is a strong enough leaning toward corporate interests that it’s nearly impossible for individuals to win cases against large corporations.

“Over the last decade, the Texas Supreme Court has become a safe haven for big insurance companies and corporate wrongdoers and has developed a well-earned reputation as results-oriented,” said Alex Winslow, director of Texas Watch, a consumer advocacy group. “Time and again, this activist court has rendered decisions that defy logic, ignore precedent, and rewrite the law in order to reach a result that benefits a few powerful corporate interests.”

The justices say this criticism lacks merit because they are following the law as the Legislature enacted it.

“The court’s role is to interpret the laws as written by the Legislature,” said Justice Eva Guzman. “So if the Legislature has passed a law that tends to favor individuals over corporations, or vice versa, then the court interprets the law to give effect to the Legislature’s intent as expressed in the words of the statute.”

Statistics show recent court decisions tend to favor oil companies, insurance firms and other big businesses. A report by Texas Watch found that since 2000, consumers have won 22 percent of cases in the high court, while defendants have won 75 percent.

Many point to the difficulty, for instance, of bringing suit against a nursing home or hospital. While lawmakers enacted measures in 2003 to cut down on lawsuits against doctors, the court has construed those statutes to mean that almost any suit over what happens in a medical environment is a malpractice case.

That means when patients suffer things like spider bites and sexual assaults, it’s tough to win at the Supreme Court.

“This court twists and contorts basic logic to reach its conclusions,” Winslow said. “The court has broadened and expanded an already draconian law and made it even worse.”

Read More »

Medicare Penalties for Readmissions May Impact Hospitals Serving Low-Income Patients


The Washington Post /Kaiser Health News reported, “Medicare is preparing to penalize hospitals with frequent potentially avoidable readmissions,” with the aim of prodding them “to make sure patients get the care they need after discharge. But this new policy is likely to disproportionately affect hospitals that treat the most low-income patients, according to a Kaiser Health News analysis of data from the Centers for Medicare & Medicaid Services.” In fact, “hospitals that served the most poor Medicare patients were nearly three times as likely as others to have substantially high readmission rates for heart failure, the analysis found.” Because these hospitals already run on tight budgets, many are afraid the penalties will make it even more difficult for them to care for poor patients properly.

Readmission rates at 3,119 hospitals scrutinized. In a related story, the Washington Post /Kaiser Health News detailed the methodology behind the Kaiser Health News (KHN) analysis of 3,119 facilities. For the analysis, “KHN looked at congestive heart failure, which is the most common cause of rehospitalization for Medicare patients. Readmission rates came from Medicare’s Hospital Compare Web site, which publishes risk-adjusted rates for heart failure and two other conditions (pneumonia and heart attacks).” Specifically, “the data cover patients who were readmitted within 30 days of discharge between July 2007 and June 2010.” Finally, “to gauge the socioeconomic status of each hospital’s patient population, KHN relied on an index that the Centers for Medicare & Medicaid Services (CMS) uses to decide whether a hospital deserves ‘Disproportionate Share Hospital’ (DSH) payments because it treats an excess of poor patients.”

Post-discharge clinics are new strategy to prevent readmissions. In “Insuring Your Health,” Kaiser Health News reported, “According to a study released this month by the Center for Studying Health System Change, a Washington-based research group, a third of adult patients discharged from a hospital don’t see a physician within 30 days — and experts say this is a key reason so many of them are readmitted.” Now, “some hospitals are trying a new strategy to interrupt this predictable and pricey pattern: post-discharge clinics. These hospitals are identifying patients who are more likely to have trouble after discharge, either because of their medical conditions or because they lack health insurance or a primary-care provider, and funneling them to the clinic where they receive one-on-one assistance.” Still, some experts question if such clinics are really the best solution. What’s more, experience has shown that up to half of the patients fail to keep post-discharge appointments.

From the news release of the American Association for Justice.

Addictive Painkiller Zohydro Feared to be Next OxyContin


This story is alarming to those of us who have had patients or friends who were addicted to painkillers. There are new medications coming out that are possibly stronger than today’s Vicodin. Here are details from an article at NewJerseyNewsroom:

According to federal figures, treatments for the abuse of prescription painkillers has risen 430 percent over the last 10 years. Now four companies are studying a new pain reliever that is said to be 10 times more powerful than Vicodin, and addiction experts are concerned about the potential of further abuse.

A pure version of the addictive ingredient hydrocodone is included in Zohydro, which is a timed-release drug intended for use in treating moderate to severe pain.

According to CBS News, hydrocodone is listed among the group of drugs including morphine, oxycodone, codeine, heroin, and methadone. These drugs are all chemically similar to opium.

April Rovero, the president of the National Coalition Against Prescription Drug Abuse said, according to an Associated Press report on Fox News, “I have a big concern that this could be the next OxyContin.” The Drug Enforcement Agency said oxycodone has become the most-abused medicine in the United States, and hydrocodone is right behind. Drug abusers found they could beat the timed-release by crushing the pills.

Zogenix, a company from San Diego, wants to begin marketing Zohydro in early 2013. Their chief executive, Roger Hawley, claims Zohydro will be safer than Vicodin because Vicodin contains acetaminophen, which can hurt the liver through high doses, according to Mail Online. Also, the drug companies are saying patients will be watched closely because they have to return to their doctors for every refill they may need.

The other three companies doing the research, Perdue Pharma, Cephalon, and Egalet will be developing their own versions of the product.