How Might Driverless Cars Affect Liability?

Written On April 23, 2013 By Bob Kraft

Sudden obstacles in the road, traffic lights out at the intersection ahead or the driver in front of you coming to a screeching stop when you least expect it are all unnerving in a moving vehicle. They’re also common hazards of being behind the wheel. But these dangers are being minimized through development of new technology that relieves drivers of much of the responsibility of responding to potentially perilous situations on the road.

The Future is Here

Self-driving cars are no longer science fiction. Google has a fleet of autonomous vehicles that have traveled more than 300,000 miles on California thoroughfares with only one crash that occurred while the car was under a human driver’s control, according to NYDailyNews.com.

Google's Driverless Car

Photo by Flickr user jurvetson (Steve Jurvetson) via Wikimedia Commons

Your car insurance quotes comparison will include driverless models that feature radar, high-definition cameras, satellite-controlled applications and infrared technology used to communicate vital safety information to occupants of the vehicle. The person behind the wheel may even be able to sit back and relax while the car takes over the navigation, steering and braking, states the Washington Post. Yet, this exciting view of the future is not without serious, sobering concerns.

Is it a Cure?

Can technology really be a cure for a drowsy driver, for example? Some studies suggest that as many as 33 percent of fatal crashes may involve sleepy drivers. The Jan. 4 issue of the CDC’s Morbidity and Mortality Weekly Report says deaths and injuries occur more often in auto accidents that involve sleepy drivers. Most states that have considered or are contemplating laws regulating autonomous vehicles want to require that a licensed driver be in a self-driving car whenever it’s on the road. That driver obviously will need to be alert.

Liability

If the technology fails, is it the fault of the human driver or the vehicle’s manufacturer? Currently, when a car accident happens, the police try to determine through tire marks, vehicle damage and eyewitness accounts how the crash occurred and which driver should be cited. What happens when the blame may rest squarely with infrared detection equipment and other sensors?

State Laws

Some states that already have passed laws related to driverless vehicles reveals that governments are unlikely to let human drivers off the hook. If laws already on the books or under consideration are any indication, it’s likely that whoever is in the driver’s seat will take the blame even if it’s clear the technology is at fault.

In California, Nevada and Texas, laws require that a licensed driver be in self-driving car at all times while it’s on the road.

In Florida, a law protects the original car manufacturer from liability if anyone in the car is injured in an accident after a self-driving vehicle is modified, according to the Wall Street Journal.

In Arizona, states the Wall Street Journal, liability became a sticking point in a bill introduced by a state lawmaker. The bill was rewritten to make it clear that automobile manufacturers would not be liable for any accidents.

Autonomous cars that won’t allow a licensed driver to assume control of the vehicle are possible, but that’s not viewed as realistic, according to Edmunds.com. As long as humans travel in vehicles, responsibility probably will always ride with them.

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Chiropractors Are Under a Duty to Disclose Possible Risks of Treatment to Their Patients

Written On April 22, 2013 By Bob Kraft

This guest post is by Todd Carter, Staff Writer for Michael J. Brennan’s Law Blog.

A reasonable person should know the possible risks in the treatment or surgical procedure in order to make a decision to give or withhold the consent to the treatment or surgical procedure. If the physician or healthcare provider is negligent in making the disclosure to the patient, the physician or healthcare provider may be liable for the injuries suffered by the patient. In Texas, the physicians or health care provider have a statutory duty under Tex. Civ. Prac. & Rem. Code § 74.101 to disclose the possible risks of the treatment or surgical procedure to the patients.

In a recent case, a chiropractor argued that the statutory duty codified under Tex. Civ. Prac. & Rem. Code § 74.101 is not applicable to chiropractors and hence he is not liable for the injury to an artery of the patient that resulted in a stroke while manipulating the patient’s neck. Even though the Texas Supreme Court agreed with the chiropractor that the statutory duty under Tex. Civ. Prac. & Rem. Code § 74.101 is not applicable to chiropractors, the Court held that the chiropractors are under a common-law disclosure standard to disclose the possible risks of the treatment to their patients and remanded the case to lower court to address further issues. (see Felton v. Lovett, 388 S.W.3d 656 (2012))

Under common law, the patients have a right to information sufficient to make an informed consent or to refuse the treatment. The dangers associated with medical procedures vary and therefore the nature and extent of disclosure depends upon the nature of medical procedure as well as the patient. The health care professionals are legally bound under common law to disclose the possible risks that would influence a reasonable person to make a decision whether to accept or reject the treatment. In medical procedures and treatments, there is always a chance of injury even if the procedure or treatment is properly done.

If a physician or healthcare professional suppresses any facts that are necessary to form the basis of an intelligent consent by the patient to the proposed treatment, the physician or healthcare professional violates his duty and subjects him to liability. He should not minimize the known dangers of a procedure or operation in order to induce the consent. A reasonable physician or healthcare professional should place the welfare of his patient above all else and this very fact places him in a position in which he sometimes must choose between two alternative courses of action. He may explain every risk to the patient which may well alarm the patient to be prepared for the treatment; it may also result in increasing the risks by reason of physiological results of the apprehension. A reasonable physician or healthcare professional must be able to make an appropriate decision.

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Texas House Gives Final Approval to Texting Ban Bill

Written On April 20, 2013 By Bob Kraft

If at first you don’t succeed…

From the Dallas Morning News:

A statewide ban on texting while driving won final passage in the Texas House with a 97-45 vote this week.

The legislation by Rep. Tom Craddick, R-Midland, now heads to the Senate. It’s unclear what its final outcome will be if it reaches Gov. Rick Perry’s desk because two years ago Perry vetoed a similar bill.

Craddick’s bill, known as the Alex Brown Memorial Act, honors a Lubbock teen killed while texting and driving. It would ban texting, emailing or reading instant-messaging while driving. Violators could face a $100 fine and a misdemeanor traffic ticket. Motorists could still talk on their cell phones while driving.

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Friday Fun

Written On April 19, 2013 By Bob Kraft

My wife loves this video of a two-year-old dancing boy, and I think it’s hilarious also. Enjoy!

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Why Truck Accidents Can Be Deadly

Written On April 18, 2013 By Bob Kraft

This fascinating graphic is courtesy of the Chicago Personal Injury Law Firm of Matthew L. Willens.

 

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Appeals Court Says Neurontin (Gabapentin) Claims Against Pfizer Denied Improperly

Written On April 17, 2013 By Bob Kraft

Bloomberg News reports Pfizer and its Warner-Lambert unit “may have to face insurers’ lawsuits alleging” they marketed the epilepsy treatment “Neurontin [gabapentin]” for uses not approved by the Food and Drug Administration. A “US Court of Appeals in Boston” ruled yesterday that a “lower-court judge erred in refusing to allow so-called ‘third-party payers,’ such as health insurers and union funds, to combine their Neurontin racketeering claims.” Additionally on Wednesday, the appeals court “upheld a $142.1 million damage award to Kaiser Foundation Health Plan Inc.” over Pfizer’s marketing of Neurontin “for bipolar disorders.”

According to Reuters, the ruling on the Kaiser Foundation Health Plan upholds a lower court’s decision to deny Pfizer’s request for a new trial after a jury awarded Kaiser $142 million for the damages it incurred after prescribing Neurontin for conditions it did not treat adequately. In addition to bipolar disorder, the jury concluded that Pfizer marketed the drug fraudulently, as a therapy for nerve pain and as a treatment for migraines. Meanwhile, Pfizer said in a press statement that it is considering appealing the rulings.

From the American Association for Justice news release.

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Why You Should Research Your Home Security Options

Written On April 16, 2013 By Bob Kraft

This guest post is courtesy of Zions Security.

Having a home security system installed can give you peace of mind in knowing that you have protection against burglaries, fires and various other harmful events. Not having the right system installed can also bring about a lot of undue worry. It is essential that you take the time to research your options before you choose a system, just to ensure that you are getting the precise system that you need for your unique home security requirements.

There are a number of options available and from many different companies. Taking time to research those options is essential in ensuring that the system you choose will deliver the best results for your home security needs. Buying a system in general can bring about confusion, particularly when it comes to which system is best, which price is too high or too low and which salesman offers the most reliable sales pitch. You need to know that you are getting the right system and at the right price and many homeowners make the mistake of simply buying the first system that they find, which almost always leads to problems.

Basic systems are available that offer protection against burglaries. There are also systems that are a bit more advanced. These offer burglary protection as well as fire and smoke alarms, carbon monoxide detectors and even controls for home automation. Before you buy, you should take the time to look over the options provided by the system that you choose and ensure that you are getting everything that you need. A basic system that is designed simply for burglary protection for instance is not going to allow you to remotely control certain aspects in your home such as temperature and lighting. More advanced systems may give you options to turn your lighting on and off and even control the temperature in your home when you are away. This allows you to turn up your thermostat a few minutes before you arrive home so that your indoor temperature will be comfortable. Think about what you need regarding convenience as well as protection when choosing a system.

Prices can vary greatly depending on the type of system, the company and the additional options that you choose. It is important that you take the time to do a bit of research into these options and select the ones that you know you will use. It makes no sense to pay for options that you do not need. You should also spend a bit of time researching each specific company. Protecting your home and your family is important and you want to know that you are choosing the right company to provide that protection. Keep in mind that the most expensive system is not always the best system. Many higher priced systems may not give you the same quality as one of a lower cost. Research is essential in knowing that you are getting the right protection and the quality that you need.

Think about whether or not you need monitoring when you choose a system as well. Many companies offer monitoring that will alert you of any changes that may take place in your home while you are away. Monitoring is normally included for an additional monthly fee and many homeowners find that this minimal fee is worth it for the peace of mind that they receive. Not all homeowners are alike however which is why it is essential that you research and weigh your options before you choose a system.

Author’s Bio : Russell S. enjoys blogging and spending time with his family. To learn more about home security systems please visit ZionsSecurity.

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Harmful Allegations about Social Security Disability Programs Perpetuated In Misleading Media Reports

Written On April 15, 2013 By Bob Kraft

This press release is from the National Organization of Social Security Claimants’ Representatives (NOSSCR):

The past few weeks have seen dramatic, sensationalized media reports about the Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) programs, based on anecdotes, half-truths and misrepresentation of facts. The National Organization of Social Security Claimants’ Representatives (NOSSCR) is compelled to set the record straight about the program – which serves as a vital resource for millions of Americans.

Increase in Disability Rolls
The truth about the increase in disability rolls is that this was an expected trend, predicted as far back as 1994, with two very clear factors: the aging baby boomers entering their high-disability years, and women who entered the workforce in the 1970s and 1980s that are now eligible to draw on their own earnings record when they become disabled.

“The mistruths and recent media barrage is unwarranted and shocking,” said Nancy Shor, founder and executive director, NOSSCR. “We’re very concerned that they do not tell the entire story and that they will be harmful to the millions of Americans that depend on these modest benefits to maintain a basic quality of life. Yearly benefits are only around $13,000 per year – just enough to keep beneficiaries out of deep poverty and homelessness.”

Who Gets Benefits?
As eight former SSA Commissioners pointed out this week in an open letter, the standard for disability approval is strict; the majority of applicants are not approved. Disability benefits are only a modest asset that helps beneficiaries live with dignity while unable to work.

“There are more than 38 million disabled Americans, but only the most seriously disabled, or around 14 million, have proved eligible to receive benefits, which they depend on greatly” said Debra Shifrin, attorney and president of NOSSCR. “When comprehending the Social Security disability system, people need to understand that less than one third of initial applications are approved, and only 40 percent overall, as it requires evaluations and documentation to establish that these claimants are truly in great need.”

Highly Regulated Fee Structure
As a member organization made up of attorneys and other advocates who represent people with disabilities, we are very concerned with the gross mischaracterizations of representatives in recent stories. It is important to keep in mind that claimants who hire private attorneys do so voluntarily. Claimant’s representatives’ highly regulated fees are taken on a contingency basis and are capped at 25% of the claimants’ past-due benefits, or $6,000 – whichever is lower. Additionally, the Federal Court appeals process is so time consuming and complex that few lawyers want to handle these cases at all. Attorneys that do this work are deeply committed to public service and are motivated to discourage frivolous claims that could overload an already burdened system.

Social Security Disability Benefits and The Economy
Simply put, Social Security disability benefits do not contribute to the deficit. SSDI is self-financed by payroll taxes (FICA) and SSI dollars come out of taxes raised, therefore not increasing the national debt. Achieving long-term solvency for Social Security programs should not be part of deficit reduction efforts.

The Social Security Disability Insurance program is an essential component of our American government system, intended to be a social safety net for American workers unable to perform job functions and support their families. These attacks are blatantly one-sided, untrue and threaten the modest benefits that are needed by so many. We encourage the media to focus on solutions to reform the system to ensure it is strong and efficient for many years to come, rather than disparaging our nation’s most vulnerable population.

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Friday Fun

Written On April 12, 2013 By Bob Kraft

Who doesn’t love lucky little ladybugs? I know I do. But until I saw this fascinating video I never gave a second of thought to how they fly. Enjoy:

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Criminal Convictions can Establish Liability in Personal Injury Cases

Written On April 11, 2013 By Bob Kraft

This guest post is from attorney Maggie Jaynes, of King Law Offices, Shelby, NC.

Personal injury actions are actions where one person has caused (usually by negligence) injury to the person and/or property of another. Most commonly, this will come about through car accidents; although any type of injury that results from the negligence of someone else may be able to be categorized as personal injury. Therefore, negligent use of machinery; leaving a dangerous condition on property whereby someone gets injured; “slip and fall” at places of business; dog bites; etc., may all be classified as personal injury. These types of cases are not criminal matters, but civil ones.

In fact, there are at least two broad categories of judicial actions that we can coarsely define as “civil” and “criminal,” at least for the sake of this discussion. Criminal cases are fairly easy to understand – these are violations against the State, even if the majority of the public does not see if that way. In my home state of North Carolina, most crimes are found in Chapter 14 of the North Carolina General Statutes.  Again, for the sake of this discussion, we will just say that most everything else falls under the heading of “civil.”

As such there are two types of standards that a judge or jury will apply in a criminal and civil case. In a criminal matter, this is defined as “beyond a reasonable doubt”; that is, for a defendant to be convicted of a crime by which he is charged, the judge or jury must find that he committed the offense “beyond a reasonable doubt.” For a civil matter, including personal injury, the standard is quite different.

In personal injury matters, the defendant (still referred to as “defendant,” even though no crime has been committed) must be shown to have committed the injury, etc., by a “preponderance of the evidence,” commonly understood as “more likely than not.” As you can see, the difference between these two standards are stark – a criminal conviction requires that the fact-finder be well above “more likely than not” that the Defendant committed the crime.

Often, though, when someone is in an accident, the person who caused the accident might be charged with an infraction or misdemeanor by the responding officer. In such a case, the officer is essentially charging the driver who caused the accident with some crime or infraction, alleging that the person did something wrong under the criminal statutes.

Normally, a defendant in that criminal action does not have much of a defense to these low-level misdemeanors or infractions and will often enter a guilty plea through some sort of arrangement with the district attorney or prosecuting attorney. When that happens, the defendant in the criminal action is essentially “admitting” that he committed an action that may have caused the accident, and that he was at least negligent in his actions.

By doing that, or by being found guilty, it would have already been shown that the defendant in the criminal action did something wrong “beyond a reasonable doubt.” In that case, clearly that same defendant has already met the lower standard of “preponderance of the evidence”; that is if the Defendant is guilty of a crime or infraction that caused the accident, then the Defendant is at least responsible for the accident in a corresponding civil case.

Ultimately, then, that means that the attorney representing the injured party in a personal injury action against the Defendant, who has been charged and found guilty of a crime or infraction arising from the accident, may be able to use the criminal conviction to establish liability in the civil action. A good attorney will advise you of this and attempt to work the civil matter around the criminal charge, instead of attempting to reach a quick settlement. After all, once liability is established, the insurance companies in the civil matter have a harder time to defend!

Posted in Vehicle Law or News Comments (1)

An Open Letter From Former Commissioners of SSA, Rebutting National Public Radio

Written On April 10, 2013 By Bob Kraft

There was an uncharacteristically incorrect story recently on National Public Radio. The subject was Social Security disability claims, and the conclusion was that money was being paid to undeserving claimants. Anyone who represents Social Security disability claimants can tell you this is an absolute joke. Ten times as many valid claims are rejected than invalid claims granted.

The National Organization for Social Security Claimants Representatives has issued this short rebuttal to the story (in addition to longer versions).

In a letter dated April 4, 2013, eight former Commissioners of the Social Security Administration have expressed their concerns about the very misleading and inaccurate series that was broadcast last week on NPR. That letter appears on our website: www.nosscr.org.  The former Commissioners have presented the facts that should have been reported. We and others in the disability community are continuing to work hard on correcting the misinformation and errors that the series contained.

The Consortium for Citizens with Disabilities, of which NOSSCR is a member, has published a response, “Unfit for NPR – Let’s Get the Facts Straight on Disability” which is posted on CCD’s webpage. Over 100 groups have signed on to this joint statement.

The former SSA Commissioners’ open letter to NPR was featured on MSNBC Friday April 5, 2013, on All In with Chris Hayes. Immediate past Commissioner Michael Astrue was featured in the segment and did a wonderful job of articulating the concerns with NPR’s series and pushing back against many of the misconceptions about the programs’ growth. Rebecca Vallas, Esq. of Community Legal Services joined him in the segment, with Avik Roy of the Manhattan Institute.

You can watch the video online: it is in two segments, one titled “Deconstructing the Jobs Numbers” and the other “Disability is Not the New Welfare.”

Nancy G. Shor

Executive Director

NOSSCR

Posted in Political and/or Judicial, Social Security, Social Security Disability Comments (0)

Is Your Smartphone Secure?

Written On April 9, 2013 By Bob Kraft

Of course it is. It’s right there on the coffee table, right? It’s nestled in that cool, high-dollar case, waterproofed and shock-resistant, right?

Do you use your phone to access your bank account information? Is that secure?

The concerns surrounding computer use and security have transitioned straight to your smartphone. You’re holding a small computer in your hands; it can enable you to do amazing things, but it can open you up to security breaches, too.

Password Vulnerability

You use a password to log in to your bank account information. In the online world, that password exists on a data plane. If a hacker were to access that data plane, he or she might be able to find and use your password. If you think it can’t happen to you, beware – it happened to me last year. The end result was, my entire contact list received Viagra ads (yes, it could have been far worse). No matter how encrypted you think your password is, you should take precautions.

Any institution operating via an information-sensitive application is vulnerable to a security breach. To combat this, banks moved to a two-step authentication process in 2005, digitaltrends.com reported. This process requires a password and device authentication (logging in from a recognized device). If the user doesn’t have both going for him or her, the next step usually involves a series of challenge questions and verification codes.

And hackers can do the same thing. Those verification codes exist on the same data plane as passwords. It may take a little longer to hack into, but it can happen. This is why I’ve scoured some of the best online backup provider reviews to help keep your mobile devices secure.

Google Authenticator

Top of the list is the Google Authenticator app. This is a multilevel data protector that you can download to your smartphone. It uses a process called time-based one-time password algorithm, or TOTP. TOTP is a constantly generating (every 30 seconds) password system consisting of a six-digit number. The user enters this TOTP number right along with his or her official password for whatever service they’re accessing. According to digitaltrends.com, this level of encryption works even if you’ve lost phone service – since the TOTP is based on time, if your phone’s clock works, so will the authenticator.

Dropbox

Dropbox is, essentially, an online storage locker for all your “stuff” – photos, documents, spreadsheets, business transactions, videos, etc. It’s available on desktop PCs and as an app for your mobile devices.

Once you place items into your Dropbox folders, they are safe and secure in the cloud and available for you to access from any device that has Internet access. In the event of a system failure, services like these provide automatic backup and disaster recovery. There’s an added bonus, too: Users can easily share content and media files that may be too large to send via email.

These solutions are free and easy to use, but most of all, they’re effective. Don’t wait for hackers to get your access to your personal information before you take steps to protect yourself online.

This guest post is from Paul Estrada. Paul writes about the latest in gadgets and tech devices from his home in Ohio.

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Air Bags Caused Record Number of Recalls in 2012

Written On April 8, 2013 By Bob Kraft

USA Today reports, “Air bags may save lives in car crashes, but increasingly, they’re becoming safety problems themselves – at least when it comes to an increasing frequency of recalls.” This year Honda and Toyota have recalled 1.5 million vehicles due to air bag issues and last year a record 22 vehicles were recalled because of air bags. USA Today notes that the increase in air bags recalls is due increasing use and sophistication. While “a National Highway Traffic Safety Administration study found that air bags saved 2,788 lives in one sample year, “the “issue is whether they’ll inflate when they’re supposed to, or whether they’ll cause injuries on their own.” Some air bags may inflate without a crash while others may inflate prematurely and deflate before a person is cushioned. Sean Kane of Safety Research & Strategies, says that “with all the snafus, some airbags hold the potential to ‘create more injuries than they can prevent.’”

From the American Association for Justice news release.

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Friday Fun

Written On April 5, 2013 By Bob Kraft

Hey, basketball players — can you shoot? Nothing but net? From half-court? While doing a flip? This girl can:

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Oklahoma Dentist’s Poor Sterilization Has 7,000 Patients Urged to Test for HIV and Hepatitis

Written On April 4, 2013 By Bob Kraft

Yuck! Be careful out there.

ABC World News reported in its lead segment, “A trip to the dentist creating a frightening prospect for 7,000 people in Tulsa, Oklahoma. People urged to get tested for a host of serious diseases, including HIV, Hepatitis.” ABC (Wright) added, “Dr. W. Scott Harrington has been practicing oral surgery for 36 years. … But authorities are now concerned he may have exposed thousands of his patients to potentially deadly infections.” Wright added, “The Federal Centers for Disease Control are assisting in the investigation.”

On ABC World News ABC’s Chief Medical Editor, Dr. Richard Besser said, “This is absolutely unbelievable if these allegations are true. … A member of the [CDC] team who went in, could not believe what she saw in this dentist office.”

The AP reports that when “a patient with no known risk factors tested positive for both hepatitis C and the virus that causes AIDS,” state and county health inspectors examined Harrington’s practice, finding “employees using dirty equipment, reusing drug vials and administering drugs without a license.” He also is “accused of letting his assistants perform tasks only a licensed dentist should have done.” The AP adds, “Harrington told officials he left questions about sterilization and drug procedures to his employees.”

USA Today reports Oklahoma state epidemiologist Kristy Bradley “stressed that ‘this is not an outbreak,’” and “the health departments noted that transmissions of these diseases in this type of occupational setting are rare.”

The Tulsa (OK) World reports, “The Tulsa Health Department is setting up free testing clinics for the 7,000 patients who may have been exposed since 2007, when the earliest patient information was available,” and patients from before then are urged to contact a hotline.

The CNN reports, “Harrington voluntarily stopped practicing,” and the Tulsa Health Department said, “The dentist is cooperating with investigators through his attorney.”

Also covering this story are the Daily Mail (UK) and the websites of ABC News and FOX News.

From the American Association for Justice news release.

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The Geography of Social Security Disability

Written On April 3, 2013 By Bob Kraft

These fascinating charts (fascinating at least to lawyers who handle Social Security disability claims) are from a recent post on the Off The Charts Blog.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The point of the blog post is to show the connection between Social Security disability recipients and lack of a high school diploma, among other factors. As you can see, there is an almost direct relationship between education and benefits.

This makes sense of course, because if a person is well-educated he or she has many more job opportunities than someone who is less-educated. If you can’t do a desk job, it’s much easier to qualify for benefits. Take a look at the blog. Really interesting.

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From Welfare Queens to Disabled Deadbeats

Written On April 2, 2013 By Bob Kraft

The Social Security disability system is under attack from certain politicians. They seem to think disability payments are being made to the undeserving, and that this would be a good area in which to reduce federal government expenses.

After representing thousands of disability claimants, our law firm can tell you that there are very, very few undeserving claimants receiving benefits, and there are many, many deserving claimants who have been denied benefits by the Social Security Administration.

Columnist Paul Krugman recently wrote on this topic. Here is a brief excerpt from his article in the New York Times:

If you want to understand the trouble Republicans are in, one good place to start is with the obsession the right has lately developed with the rising disability rolls. The growing number of Americans receiving disability payments has, for many on the right, become a symbol of our economic and moral decay; we’re becoming a nation of malingerers.

As Jared Bernstein points out, there’s a factual problem here: a large part of the rise in the disability rolls reflects simple demographics, because aging baby boomers are a lot more likely to have real ailments than those same workers did when they were in their 20s and 30s. The Social Security Administration does a formal adjustment for this reality, and as Jared says, it looks like this:

It looks a lot less dramatic, doesn’t it?

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Water-Absorbing Toys Recalled Over Safety Risks to Children

Written On April 1, 2013 By Bob Kraft

CNN reported on its website that “a toy that absorbs water and can expand to 400 times its original size has been voluntarily recalled after a report that a baby ingested one and needed surgery to remove it, the Consumer Product Safety Commission said.” According to the news report, the CPSC “said the marble-size toy can be swallowed, and once inside the stomach, it can expand and cause blockage in the small intestine.” These toys include nearly 95,000 Water Balz, Growing Skulls, H2O Orbs ‘Despicable Me’ toys and Fabulous Flowers. They were manufactured in China and the United States, and they were sold in stores in both the US and Canada. The story notes that “the CPSC and Health Canada, along with the importer DuneCraft Inc., based in Cleveland, announced the voluntary recall on Monday.”

Morning Journal noted that the CPSC has warned that “when the marble-sized toy is ingested, it expands inside the body and causes a blockage in the small intestine, resulting in severe discomfort, vomiting, dehydration and could be life-threatening. The toys do not show up on an x-ray and require surgery to be removed from the body.”

Consumer Reports, WRC-TV Washington and WDIV-TV Detroit also covered this story.

From the American Association for Justice news release.

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Friday Fun

Written On March 29, 2013 By Bob Kraft

I have no idea whether this Pepsi commercial is real, but it sure is funny.

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Politics Makes for Strange Bedfellows

Written On March 28, 2013 By Bob Kraft

Sometimes you don’t know from one day to the next who are your friends and who are your opponents.  As pointed out in an article in the Austin-American, two groups with long-standing disagreements — doctors and trial lawyers — are teaming up to try to enact stiffer enforcement of a law that requires insurance companies to promptly pay medical providers

Here are excerpts from the article, titled “Tort reform foes team up to force insurance companies to pay promptly”:

Trial lawyers and doctors have a long history of acrimony at the Texas Capitol, much of it due to the years-long tort reform debate. But lately, many doctors and hospitals are putting aside hard feelings and are hiring trial lawyers to fight another Capitol powerhouse: insurance companies.

Doctors are being forced to align with people who can champion their cause, and strangely enough, it’s their former nemesis: the plaintiffs’ bar, said Kim Ross, the former chief lobbyist for the Texas Medical Association and a current health care consultant.

The unifying force is the state’s “prompt pay” law — a 2003 measure that requires health insurance companies to pay claims to medical providers and pharmacies within strict timelines, usually 30 days, or face having to pay interest and often serious penalties.

For the past decade, the lobbies for doctors and trial lawyers have fought each other head-on – usually over money.

The high water mark of the disharmony between the two groups might have been 2003, when the Legislature passed tort reform. Then, medical professionals cheered the law that they said allowed them to practice medicine without the threat of frivolous lawsuits. Lawyers, conversely, saw the law as a draconian piece of legislation that closed the courthouse doors to victims of medical malpractice by limiting noneconomic damages, such as pain and suffering.

Medical professionals, many of whom operate on tight margins, often haven’t gone after each slow or late payment. It just isn’t cost effective to try to independently find and collect small, unpaid claims, said Pam Udall, a spokeswoman for the Texas Medical Association. But when added up, all the small claims can amount to real money.

This is where the lawyers come in.

Ross said the trial lawyer/doctor alliance has significance beyond bringing two enemies together. The collaboration is emblematic of a growing conflict between insurers and the medical community, he said. At the root, doctors think insurers are actively looking for ways to deny coverage, while insurance companies say they shouldn’t be forced to pay for expensive and unnecessary services.

The insurance industry is likely to reach out to sympathetic lawmakers. Ross said he expects the insurance companies to try to get legislation passed during this year’s legislative session that would limit the amount of money, including penalties, that medical professionals can collect under prompt pay laws.

But insurers could be in for a tough sell. Lawmakers seem to want prompt pay laws on the books. A version of a prompt pay law has cleared the Legislature twice: It passed in 2001 only to be vetoed by Gov. Rick Perry, and then it came back in 2003, when Perry had a change of heart and approved the bill. He said at the time insurers that “game the system by dragging their feet” will pay stiffer penalties.

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