TOV Injury and Safety Blog

Publishing your Social Security Number is not a violation of the law?

The U.S. Sixth Circuit recently held that a District Court did not violate Cynthia Lambert's right to privacy when it published her Social Security number on its public website, as part of a citation report after a traffic citation.  The Court held that even though Lambert suffered direct economic injury, damage to her credit rating and to her reputation as a result of the Court's policy of publishing this information, the Court was immune from liability for her injuries because the criminal act of a third person intevened.  We wonder if the judges would have felt the same if it was their daughter who admittedly suffered injury from such a bone-headed court policy.

The anesthesiologist left the room and an assistant burned your face? Not his fault.

Dr. Bruce Adelman was sued by the Estate of Minnise Holt, after his botched surgery left Holt with first- and second-degree burns involving his face and airway.  He died ten weeks later from complications including pneumonia.  Adelman had put the patient under and then left him under the management of a nurse-anesthetist (CRNA).  Oxygen was allowed to accumulate under a drape over the patient's face, and it burst into flames when it was sparked by a Bovie cauterizing device.

This week it was State Farm's turn to be slapped down for over-reaching

  In Suminski v. State Farm, the Michigan Court of Appeals, rejected State Farm's claim that it could enforce a "written consent" requirement in its uninsured motorist coverage, after State Farm waived the clause earlier in litigation.

More flattering information about the insurance industry

  This week, 5 executives, including the reinsurance manager of A.I.G., one of the country's largest insurers, were convicted on all 16 counts of a massive accounting fraud. The former chairman of A.I.G. was an unindicted co-conspirator.  He denies involvement, despite having been forced out of the company as a result of the massive sham transaction.  AIG has acknowledged that its scam to inflate its "reserves"  by 500 million dollars was an improper attempt to increase its share value.  In 2006 it agreed to pay 1.6 billion dollars to settle claims by state and federal regulators.   AIG declined to comment on the verdict.

19 years, 3 weeks' lost profits, and a slap at victims by the Supreme Court?

     Observers of this week's argument before the U.S. Supreme Court over the massive oil spill caused by the Exxon Valdez warned that a majority of the Justices appeared willing to further reduce the punitive damage award against Exxon.

A big week for big pharma; small victories and big losses for consumers

   Consumers claimed one small victory this week when Pfizer yanked its adds for Lipitor that featured Dr. Robert Jarvik.  On every other front, it was a miserable week for ordinary people in the battle against Big Pharma.

Republican political columnist calls for Michigan Supreme Court reform

     George Weeks, syndicated political columnist and staunch conservative, echoed the call for reform of the Michigan Supreme Court in Sunday's newspaper.  He cited figures from the National Institute on Money in State Politics, showing that in 86 percent of all cases before the Michigan Supreme Court, at least one campaign contributor was involved.  He also quoted the Michigan Campaign Finance Network's data showing that more than forty percent of the 23 million spent on Michigan Supreme Court campaigns since 2000 are unreported and undocumented.

U.S. Supreme Court upholds legislation granting immunity to defective medical devices

  President Bush spent much of his two terms in office repaying favors to various industries that supported his election.  One of the most substantial contributors to his elections was the medical/pharmaceutical industry, and that industry has also been a major beneficiary of his largesse.  This week the Supreme Court upheld the legislation Bush's Administration sought and obtained, intended to immunize medical device manufacturers ifor injuries resulting from product defects, so long as the device had been approved by the FDA.  A similar new law, addressing drugs approved by the FDA, will be before the Court soon.

Fight over serious impairment and insurance surveillance "gamesmanship"

      In Laukkanen v. Jason, the injured Plaintiff secured a verdict against the driver who rear-ended her at a stop light.  Plaintiff worked as a physical therapist and had to undergo substantial medical treatment after the collision.  MRI and EMG testing showed abnormalities consistent with her accident-injury claims, and she endured having to wear a back brace, physician-restrictions on her activities, numerous medical therapies including orthopaedic manipulation, and physical therapy.  She provided extensive evidence supporting the limitations on her normal work duties and life activities.  Despite this evidence, the insurer claimed she did not suffer a "serious impairment of bodily function", and asked the Court of Appeals to set the verdict aside. 

     Not only did the trial court and the Court of Appeals reject the insurer's claim of no serious impairment, it also upheld the trial court's refusal to countenance the Defendant's "gamesmanship" in secretly taping the Plaintiff and then lying about it.  The Court had required both sides to disclose their evidence months before the trial (a standard scheduling order) and the Plaintiffs had also filed motions to compel the Defendants to produce any surveillance evidence.  The Court criticized the Defendant for lying about the existence of this evidence, failing to produce it for more than four months, and producing other photographic and video evidence without producing the hidden surveillance until a few days before trial--too late for the Plaintiff to examine the evidence or respond to Defendant's arguments about what it showed. 

     The Court held that the trial court did an excellent job of carefully considering the circumstances  of the Defendant's "gamesmanship" and blatant violation of the court's discovery rules.  The Appeals Judges felt that excluding this imporper evidence was a proper exercise of the trial court's discretion and refused to overturn its decision.

Serious impairment and a Michigan soldier

A no fault insurer recently avoided paying compensation to a soldier who was partially disabled for 18 months after a motor vehicle collision, claiming that her injuries were not a "serious impairment".

Over-reaching Farm Bureau takes two hits in one week

  Farm Bureau insurance has been very aggressive in attempting to enlist the activist Michigan judiciary in its campaign to deny insureds' purchased benefits.  For example, it has been a leader in the effort to avoid paying any liability benefits under its policies, if the "negligence" of the wrong-doing insured is also "in the nature of a criminal act" (this vague  policy phrase includes negligent discharge of a BB gun, negligently endangering a child, failing to take the door off an abandoned refrigerator, and dozens of other "crimes").  Michigan is about the only jurisdiction that allows such a broad interpretation of "criminal" acts in insurance policies, leaving many paying insureds without the coverage that they thought they had purchased.  Recently, Farm Bureau took a slap-down from the Court of Appeals on two efforts to further restrict insured's rights.

Children and time limits on suit

     Ever since the hand-appointed Engler Justices took control of the Supreme Court,  the four Justices have controlled Michigan jurisprudence and displayed an activist drive to manipulate the law for the benefit of their insurance constituency.  One of the Justices was even reported to have made a speech where he described he and his colleagues as allied with insurance tort "reformers" in a civil war with victims' attorneys.  As a result, insurance companies have become more aggressive in attempting to restrict the rights and interests of their insureds.  In the recent Klida v. Braman case, the Court of Appeals refused to countenance an effort by Farm Bureau to eliminate a child's right to sue.

Studies document that lack of health insurance results in delayed diagnosis of cancer.

A nationwide study  published this month documented the fact that persons who don't have health insurance are more likely to be diagnosed with cancer in its later stages, frequently diminishing their chance for survival.

Management of bedsores or "pressure ulcers"

The New York Times reported on several recent studies that have addressed the severe health problem presented by bedsores in hospitals and nursing homes.  If such a sore becomes infected, it can be fatal.  Even without infection, these wounds can can be so deep and sore that the patinent must be treated with narcotic pain relievers.

Fentanyl patches recalled

Fentanyl patches manufactured by PriCara, a division of Johnson & Johnson under the trade name ALZA Corp, and by Actavis South Atlantic, LLC, have been recalled in the past two weeks.  The Actavis patches were also packaged and marketed under its previous name, Abrika Pharmaceuticals, Inc.  The recalled patches may overdose patients and caregivers on handling, due to a design flaw that may allow the powerful opioid drug to leak.

The toy industry wants to set "voluntary" standards

After a year of overwhelming toy recalls in 2007, the toy industry is working with the American National Standards Institute to adopt a series of standards governing toy safety and quality.  Unfortunately, the standards will only be voluntary, since the Bush Administration and Senate Republicans refuse to regulate anyone.

More criticism of the Michigan Supreme Court

The Traverse City Record Eagle reported on February 19 that the American Judicature Society had criticized the Michigan Supreme Court for being "the only judges in the country who do not have rules that establish grounds for disqualification" according to the Campaign Finance Network.

More over-reaching by Bristol West Insurance Company

    Bristol West has been a recent entry in the Michigan competition to see who can most aggressively abuse Michigan consumers.  While no one can really compete with Allstate in this competition, Bristol West appears to be doing its best.  This week it over-reached.

The FDA cowtows further to "big pharma"

When drugs are approved for sale in the U.S., the high-intensity marketing campaigns are limited to selling the drug for the approved purposes only:  manufacturers' sales representatives are not allowed to push the drug for non-approved uses.  In another example of what large contributions can achieve with the Bush Administration, the FDA is now seeking to change this decades-old rule.

More on the heparin problem--guess what, it leads to China....

According to the February 16 New York Times, the Chinese company that supplies much of the active ingredient for a brand of blood thinner that has been linked to four deaths in the U.S., was never certified by China's drug regulators to make pharmaceutical products.

Another huge ground beef recall

Our nation's beef marketers are bound and determined to make vegans of us all.  A California meat packer, Westland/Hallmark Meat Company, just recalled 143 million pounds of beef.  Of course, most of it has already been eaten and the company won't have to take it back.

Ingenix: a system to rip-off insureds and doctors on "reasonable and customary"?

New York's Attorney General and the AMA have filed separate lawsuits charging that a system used by insurers to calculate "reasonable and customary" charges is cheating customers and health care providers.

Liability for knocking someone off your porch?

  We reported in an earlier blog the distressing case of Kwiatkowski v. Coachlight Estates.  In that case,  the legal action brought by a man who suffered serious injury when knocked off a neighbor's porch was dismissed by the Court of Appeals pursuant to the argument that the small porch he was knocked off was an "open and obvious" danger which relieved the defendant/resident of any duty to open the door carefully.  In a rare victory for an injury victim in Michigan, a majority of the Michigan Supreme Court overturned this decision on appeal, February 8.

All-terrain vehicle fatalities

  The Associated Press reported today that injuries and deaths associated with All-terrain vehicles have reached an all-time high and continue to trend upward.

Auto rental agencies' limited liability in Michigan

  As a special favor to auto rental companies, several years ago our Republican legislature and governor included in their tort "reforms" a statute that limited the rental agencies' liability for negligent operation of a vehicle to $20,000.00. That special interest reform continues to cause problems for innocent victims who are injured by the sloppy rental practices of rental agencies and the greed of auto insurers.

Drugmaker's marketing of Enbrel is investigated

  Amgen Inc. markets the drug Enbrel for treatment of severe psoriasis.  Now it is accused of attempting to market the drug more widely, despite the fact that the drug carries significant  and dangerous side-effects and dangers.

The power of the gun lobby

   After the tragic Virginia Tech shootings, public officials were falling all over themselves with promises of legislation to make guns less available to felons and persons with severe psychiatric issues.  This month, the NRA managed to defeat those efforts by blocking reform that would have regulated the sale of guns at weekend gun shows.

Distractions and motor vehicle collisions

Research is documenting that electronic devices constitute a significant distraction and a major causal contributor to  the carnage on our highways. 

Contaminated heparin

Heparin manufactured by Baxter Healthcare, almost half the nation's supply of this essential blood thinner, has been contaminated and is a serious health threat.

The real Allstate Insurance Company: "outrageously greedy"...

  With a wealth of profits over the past few years, you may have noticed that Allstate Insurance is spending heavily to purchase goodwill by advertising in all manner of expensive venues.  In particular, you may have noted that the nets that catch extra points and field goals on many televised football games carry Allstate's name, and the insurer also spends heavily on a particular black actor as their spokesman:  he projects the face and voice of credibility on their behalf.

  Unfortunately, with Allstate, credibility and sincerity are only skin deep--literally, only the depth of the actors they hire to front for the company.  We have discussed this issue at some length previously (see the blog entry "Good hands or boxing gloves", in particular), and were reminded of the issue again recently when we saw reports of the insurance rate dispute currently under discussion in Florida.