Unsafe Plastic Bottles Pulled from the Market

Posted 18 April, 2008 by Nima Taradji
Categories: Misc, News

Wal-Mart, Nalgene Pull BPA Bottles from Shelves

Wal-Mart said it would phase out BPA from all the baby bottles it sells, replacing them with different plastics or glass.

“Safety is a top priority for Wal-Mart,” the company said in a statement. “While the FDA has not established any restrictions on the use of bisphenol A (BPA) in baby bottles, for several years now we have offered a variety of BPA-free products for customers who seek this option.

We are working to expand our BPA-free offerings and expect the entire assortment of baby bottles to be BPA-free sometime early next year.”

California to Review Rescission of Coverage

Posted 18 April, 2008 by Nima Taradji
Categories: Insurance, News

The practice of rescission of coverage just when an insured needs it most has been in the news for quite some time and has been practiced for even longer. It is good to see that California is taking steps to double check the decisions made in this regard. There should be a nationwide policy that each rescission of coverage be reviewed and approved by an elected body.

State to review canceled health insurance policies

Thousands of people whose policies were canceled by California health insurers will have a chance to win back their coverage and be reimbursed for outstanding medical bills, the Schwarzenegger administration announced Thursday.

The state’s action is the boldest yet in dealing with the industry’s increasingly controversial practice of canceling individual coverage — known as rescission — after patients have taken ill and submitted medical bills.

Look at the Percentage Change in Profit

Posted 16 April, 2008 by Nima Taradji
Categories: Medicine, Tort Deform

From 1.1% increase in profit to more than 6000% increase!!
Who says health care is in a crisis?

Chicago Business News, Analysis & Articles | | Crain’s

Chicago’s largest hospitals
Name
Address/phone/Web address
Administrator
Title of person in charge
Network affiliation 2007 Net patient revenue /
% change
2007 net profits/
% change
No. of hospital employees No. of inpatient days No. of beds
Daily occupancy rate
1 Northwestern Memorial Hospital(1)
251 E. Huron St.
Chicago 60611
(312) 926-2000
www.nmh.org
Dean M. Harrison
President, CEO
Northwestern Memorial HealthCare $1,125.5
14.7%
$142.9
33.3%
5,804 193,198 642
82.0%
2 University of Chicago Medical Center(2)
5841 S. Maryland Ave.
Chicago 60637
(773) 702-1000
www.uchospitals.edu
Dr. James L. Madara
CEO
University of Chicago Medical Center $1,077.5
18.5%
$140.8
96.3%
6,389 162,357 541
82.0%
3 Rush University Medical Center(2)
1653 W. Congress Pkwy.
Chicago 60612
(312) 942-5000
www.rush.edu
Larry J. Goodman
President, CEO
Rush University $842.1
15.5%
$120.7
61.6%
4,988 169,547 676
68.8%
4 Advocate Christ Medical Center
4440 W. 95th St.
Oak Lawn 60453
(70 8) 684-8000
www.advocatehealth.com/christ
Kenneth Lukhard
President
Advocate Health Care $774.1
7.5%
NA
(100.0%)
4,152 206,316 653
81.9%
5 Loyola University Medical Center(2)
2160 S. First Ave.
Maywood 60153
(70 8) 216-9000
www.loyolamedicine.org
Paul K. Whelton
President, CEO
Loyola University Health System $676.4
2.5%
$31.1
97.3%
5,118 125,369 507
68.0%
6 Advocate Lutheran General Hospital
1775 W. Dempster St.
Park Ridge 60068
(847) 723-2210
www.advocatehealth.com/lutheran
Bruce C. Campbell
President
Advocate Health Care $584.4
12.2%
NA
(100.0%)
3,258 147,181 532
69.6%
7 Central DuPage Hospital(2)
25 N. Winfield Rd.
Winfield 60190
(630) 933-1600
www.cdh.org
Luke McGuinness
President, CEO
Independent $496.7
21.9%
$86.6
30.6%
2,198 78,351 321
67.0%
8 Evanston Hospital(3)
2650 Ridge Ave.
Evanston 60201
(847) 570-2000
www.enh.org
Mark R. Neaman
President, CEO
Evanston Northwestern Healthcare $448.5
7.5%
$25.4
71.4%
2,661 84,168 280
82.0%
9 Edward Hospital(2)
801 S. Washington St.
Naperville 60540
(630) 527-3000
www.edward.org
Pamela Meyer Davis
President, CEO
Edward Hospital & Health Services $448.2
14.6%
$37.2
25.8%
3,312 86,419 288
96.8%
10 Northwest Community Hospital(3)
800 W. Central Road
Arlington Heights 60005
(847) 618-1000
www.nch.org
Bruce K. Crowther
President, CEO
Independent $410.8
8.1%
$3.3
(61.9%)
2,733 93,748 383
67.0%
11 University of Illinois Medical Center at Chicago
1740 W. Taylor St.
Suite 1400, Chicago 60612
(312) 996-3900
www.uillinoismedcenter.org
John J. DeNardo
CEO of health care system
University of Illinois at Chicago $406.0
3.3%
$3.1
(43.8%)
4,136 122,730 343
67.9%
12 Children’s Memorial Hospital(1)
2300 Children’s Plaza
Box #14, Chicago 60614
(773) 880-4000
www.childrensmemorial.org
Patrick M. Magoon
President, CEO
Children’s Memorial Hospital $380.4
4.7%
$20.6
(34.2%)
3,900 65,954 247
73.2%
13 Provena St. Joseph Medical Center
333 N. Madison St.
Joliet 60435
(815) 725-7133
www.provena.org/stjoes
Jeffrey L. Brickman
System senior vice-president, regional CEO
Provena Health $359.8
6.1%
$23.2
(15.7%)
219,400 99,190 410
71.0%
14 Alexian Brothers Medical Center
800 Biesterfield Road
Elk Grove Village 60007
(847) 437-5500
www.alexianbrothershealth.org
John Werrbach
President, CEO
Alexian Brothers Hospital Network $359.0
2.9%
($10.0)(4)
(232.8%)
2,268 101,315 372
74.6%
15 Advocate Illinois Masonic Medical Center
836 W. Wellington Ave.
Chicago 60657
(773) 975-1600
www.advocatehealth.com/masonic
Susan Nordstrom Lopez
President
Advocate Health Care $343.6
2.8%
NA
(100.0%)
2,014 90,410 319
68.1%
16 John H. Stroger Jr. Hospital of Cook County(5)
1901 W. Harrison St.
Chicago 60612
(312) 864-6000
www.ccbhs.org
Johnny C. Brown
Chief operating officer
Cook County Bureau of Health Services $326.9(6)
(1.4%)
$19.9(6)
(116.0%)
3,912 118,358 460
69.1%
17 Advocate Good Samaritan Hospital
3815 Highland Ave.
Downers Grove 60515
(630) 275-5900
www.advocatehealth.com/gsam
David S. Fox
President
Advocate Health Care $321.5
5.4%
NA
(100.0%)
1,816 78,349 290
64.2%
18 St. James Hospital and Health Centers
1423 Chicago Road
Chicago Heights 60411
(70 8) 756-1000
www.stjameshospital.org
Seth C.R. Warren
President
Sisters of St. Francis Health Services Inc. $308.2
0.1%
($21.1)
7.2%
2,041 106,757 370
78.9%
19 Condell Medical Center
801 S. Milwaukee Ave.
Libertyville 60048
(847) 362-2900
www.condell.org
Dennis Millirons
President, CEO
Condell Medical Center $303.2
(6.0%)
($9.1)
(1.1%)
1,800 70,364 257
75.0%
20 Saints Mary and Elizabeth Medical Center(2)
2233 W. Division St.
Chicago 60622
(312) 770-2000
www.smemc.reshealth.org
Margaret McDermott
Executive vice-president, CEO
Resurrection Health Care $299.0
20.5%
$27.8(7)
(6,246.7%)
1,753 82,715 320
70.9%
21 Palos Community Hospital
12251 S. 80th Ave.
Palos Heights 60463
(70 8) 923-4000
www.paloscommunityhospital.org
Sister Margaret Wright
President
Independent $291.5
3.1%
NA
(100.0%)
2,343 92,200 369
68.5%
22 Elmhurst Memorial Hospital(2)
200 Berteau Ave.
Elmhurst 60126
(630) 833-1400
www.emhc.org
Leo F. Fronza
President, CEO
Elmhurst Memorial Healthcare $285.9
4.1%
$11.8
73.1%
2,173( 8) 57,428 255
62.0%
23 Adventist Hinsdale Hospital
120 N. Oak St.
Hinsdale 60521
(630) 856-9000
www.keepingyouwell.com
Todd Werner
CEO
Adventist Midwest Health $280.8
6.7%
$18.6
(18.7%)
1,345 57,166 293
53.0%
24 Resurrection Medical Center(2)
7435 W. Talcott Ave.
Chicago 60631
(773) 774-8000
www.reshealth.org
Sister Donna Marie Wolowicki
Executive vice-president, CEO
Resurrection Health Care $280.7
(0.3%)
$20.2
(13.5%)
1,894 74,248 289
70.4%
25 Sherman Hospital(9)
934 Center St.
Elgin 60120
(847) 742-9800
www.shermanhealth.com
Richard B. Floyd
President, CEO
Sherman Health $242.4
9.8%
$13.9
123.5%
1,329 52,944 258
56.2%

Chemical in Plastic May Harm Human Growth

Posted 16 April, 2008 by Nima Taradji
Categories: Federal, News, Uncategorized

BPA in plastics harmful to children

Chemical in plastic may harm human growth

A federal report finds ’some concern’ that fetuses, babies and children are at risk from bisphenol A. But plastics industry officials see no serious risk.
By Marla Cone, Los Angeles Times Staff Writer
April 16, 2008
A controversial, estrogen-like chemical in plastic could be harming the development of children’s brains and reproductive organs, a federal health agency concluded in a report released Tuesday.

The National Toxicology Program, part of the National Institutes of Health, concluded that there was “some concern” that fetuses, babies and children were in danger because bisphenol A, or BPA, harmed animals at low levels found in nearly all human bodies.

An ingredient of polycarbonate plastic, BPA is one of the most widely used synthetic chemicals in industry today. It can seep from hard plastic beverage containers such as baby bottles, as well as from liners in cans containing food and infant formula.

The federal institute is the first government agency in the U.S. to conclude that low levels of BPA could be harming humans. Its findings will be used to help regulators at federal and state environmental agencies to develop policies governing its use.

Failure to Rescue

Posted 11 April, 2008 by Nima Taradji
Categories: Medicine, Wrongful Death

Before Code Blue: Who’s minding the patient?

High-profile medical errors such as operating on the wrong body part or receiving a mistaken dose of drugs should take a back seat to a far more common and insidious mistake, a new report reveals.

For the fifth straight year, an analysis of errors in the nation’s hospitals found that the most reported patient safety risk is a little-known but always-fatal problem called “failure to rescue.” The term refers to cases where caregivers fail to notice or respond when a patient is dying of preventable complications in a hospital.

Between 2004 and 2006, failure to rescue claimed more than 188,000 lives, amounting to about 128 deaths for every 1,000 patients at risk of complications, according to the latest report from HealthGrades, a health care ratings organization.

Pre-Empted by FDA’s Public Stance

Posted 9 April, 2008 by Nima Taradji
Categories: Federal, Medicine, Misc, News

Suicide Warning Suits Pre-Empted; Makers of Paxil, Zoloft Win

In a significant victory for drug manufacturers, the 3rd U.S. Circuit Court of Appeals has ruled that the makers of Paxil and Zoloft cannot be sued for failing to warn of a risk of suicide because the Food & Drug Administration has explicitly refused to order such warnings.

Voting 2-1 in a pair of cases where the lower courts issued conflicting rulings, the 3rd Circuit found that such lawsuits must be pre-empted because they directly conflict with action already taken by the FDA. Writing for the majority, 3rd Circuit Judge Dolores K. Sloviter said the FDA has “actively monitored” the possible risk of suicide from taking the class of antidepressant drugs known as selective serotonin re-uptake inhibitors, or SSRIs, for two decades, and concluded that the suicide warnings demanded by plaintiffs “are without scientific basis and would therefore be false and misleading.”

But Sloviter, who was joined by visiting Judge Jane A. Restani of the U.S. Court of International Trade, emphasized that the ruling was a narrow one. “Our holding is limited to circumstances in which the FDA has publicly rejected the need for a warning that plaintiffs argue state law requires,” Sloviter wrote in Colacicco v. Apotex Inc.

In dissent, 3rd Circuit Judge Thomas L. Ambro said he would have allowed both cases to go forward. “The FDA has for over three-quarters of a century viewed state tort law as complementary to its warning regulations. Only for the last two years has it claimed otherwise,” Ambro wrote.

Allstate Loses the Florida Battle

Posted 9 April, 2008 by Nima Taradji
Categories: Insurance, News

A Ban on Allstate Upheld in Florida

TALLAHASSEE, Fla., April 4 (Reuters) — A Florida appeals court on Friday upheld a state regulator’s order suspending the Allstate Corporation from writing new insurance policies in Florida.

The Florida insurance commissioner, Kevin M. McCarty, said that Allstate had 15 days to appeal and that he was not sure when the suspension would take effect.

Allstate said it was reviewing the ruling, issued by the First District Court of Appeal in Tallahassee, but believed it was not yet final. Allstate said it would continue to write new business.

“We are very disappointed in today’s ruling and disagree with the court’s opinion,” Allstate said Friday.

The suspension would mainly affect new auto policies, because Allstate said previously it planned to reduce its homeowner policy exposure in Florida.

Mr. McCarty said of Friday’s decision: “This is good news for the people of Florida. This is good news for all those law-abiding companies doing business in our state.”

FDA and Drug Maker’s Immunity

Posted 6 April, 2008 by Nima Taradji
Categories: Federal, Misc, News

I would understand that argument if the FDA was a trustworthy entity and void of political influence. But as it stands, it appears to me that if you have enough money to hire FDA officials as consultants and/or have enough political clout, anything you make will meet with FDA’s approval. So, I am not that keen in giving drug makers immunity just because they have received FDA’s approval.

Drug Makers Near Old Goal: A Legal Shield

For years, Johnson & Johnson obscured evidence that its popular Ortho Evra birth control patch delivered much more estrogen than standard birth control pills, potentially increasing the risk of blood clots and strokes, according to internal company documents.
But because the Food and Drug Administration approved the patch, the company is arguing in court that it cannot be sued by women who claim that they were injured by the product — even though its old label inaccurately described the amount of estrogen it
released.

This legal argument is called pre-emption. After decades of being dismissed by courts, the tactic now appears to be on the verge of success, lawyers for plaintiffs and drug companies say.

The Bush administration has argued strongly in favor of the doctrine, which holds that the F.D.A. is the only agency with enough expertise to regulate drug makers and that its decisions should not be second-guessed by courts. The Supreme Court is to rule on a case next term that could make pre-emption a legal standard for drug cases. The court already ruled in February that many suits against the makers of medical devices like pacemakers are
pre-empted.

More than 3,000 women and their families have sued Johnson & Johnson, asserting that users of the Ortho Evra patch suffered heart attacks, strokes and, in 40 cases, death. From 2002 to 2006, the food and drug agency received reports of at least 50 deaths associated with the drug.

Wal-Mart Makes the Honorable Choice

Posted 2 April, 2008 by Nima Taradji
Categories: General Law, News

Of course, not without having made the family battle it in court for months, and having seen the story hitting the news and generating tons of bad publicity. But, at least the final result is a proper and the right one.

Wal-Mart drops $400,000 reimbursement claim against injured former worker

BENTONVILLE, Ark. (AP) — Wal-Mart Stores Inc. is dropping a controversial effort to collect over $400,000 in health care reimbursement from a former employee who suffered brain damage in a traffic accident.

The world’s largest retailer said in a letter to the family of Deborah Shank of Cape Girardeau County in Missouri that it will not seek to collect money the Shanks won in an injury lawsuit against a trucking company for the accident.

Wal-Mart’s top executive for human resources, Pat Curran, wrote that Shank’s extraordinary situation had made the company re-examine the situation.

Deborah’s husband Jim Shank welcomed the news. Family lawyer Maurice Graham of St. Louis said Wal-Mart deserves credit for doing the right thing.

“It’s a good day for the Shank family,” Jim Shank said in a statement.

Deny, Delay, Defend

Posted 1 April, 2008 by Nima Taradji
Categories: Civil, General Law, Insurance, Tort Deform

Auto insurers play hardball in minor-crash claims

ATLANTA, Georgia (CNN) — If you are injured in a minor car crash, chances are good that you will be in the fight of your life to get the insurance company to pay all the medical costs you incur — even if the accident was no fault of your own.

That’s what CNN discovered in an 18-month investigation into minor-impact soft-tissue injury crashes around the country. Those are accidents in which there is little damage to the vehicle and the injuries to people are not easy to see by the naked eye or conventional medical tools like X-rays.

Since the mid-1990s, most of the major insurance companies — led by the two largest, Allstate and State Farm — have adopted a tough take-it-or-leave-it strategy when dealing with such cases.

The result has been billions in profits for insurance companies and little, if anything, for the public, according to University of Nevada insurance law professor Jeff Stempel.

“We can see that policyholders individually are getting hurt by being dragged through the court on fender-bender claims, and yet we don’t see any collateral benefit in the form of reduced premiums even for the other policyholders,” Stempel said.

“So I think now we can say to continue this kind of program is in my view institutionalized bad faith.”

Drunk Doctor and Unaware Patients

Posted 1 April, 2008 by Nima Taradji
Categories: General Law, Medicine, News, Tort Deform

This is an amazing story from Anderson Cooper of CNN. It is shocking to know that a doctor may continue his or her practice and potentially perform surgery on patients while at the same time undergoing treatment for drug abuse! And the fact may be kept a secret from patients…! Unbelievable.

Patients say their surgeon “butchered” them

The story is about a special program called a “Physician Diversion Program,” which allows doctors to secretly get treatment for addiction while continuing to operate on patients.

Would you know if your doctor was addicted to drugs? Would you know if he was getting treated for that addiction? Chances are you would not.

There are dozens of these programs around the country and they are completely confidential.

The patients we met say they are disfigured because of the California Diversion Program and Dr. Brian West, who treated them. Dr. West refused to be interviewed for our story, but I can tell you he is a board certified plastic surgeon in California who graduated from Stanford. His patients had no idea he was an alcoholic when he treated them.

The woman I mentioned earlier, Becky Anderson, had to forego cancer treatment while battling complications from surgery with Dr. West and now she is dying of cancer. She had no idea when she let Dr. West treat her that he had two convictions for driving under the influence, including one of them on the way to the hospital to treat her! He lied about the DUI, blaming the missed appointment with Becky on a car accident. She sued Dr. West. He never admitted any fault, but settled with her for $250,000.

In California, the State Medical Association says there are between 200 and 400 doctors in this Diversion Program on any given day. A nationwide study found about 1 percent of all physicians practicing in the United States are in confidential treatment. That’s about 8,000 doctors!… 8,000 doctors whose patients have no idea they are addicts.

Wouldn’t you want to know?

Claims of Pregnancy Discrimination on the Rise

Posted 30 March, 2008 by Nima Taradji
Categories: Editorial, General Law, Misc, News


A spike to record levels in pregnancy-discrimination complaints to regulators suggests more women are speaking up about suspected workplace bias.

Pregnancy-bias complaints recorded by the Equal Employment Opportunity Commission surged 14% last year to 5,587, up 40% from a decade ago and the biggest annual increase in 13 years.

And that “may be only the tip of the iceberg,” an EEOC spokesman says. The agency also received 20,400 pregnancy-bias inquiries at its call center last year, the center’s first full year of operation; that doesn’t include thousands more walk-ins asking about the same topic at fair-employment offices. An advocacy group, 9to5, National Association of Working Women, also is seeing an increase in pregnancy-bias calls on its hotline.

Unsafe at Any Level

Posted 10 March, 2008 by Nima Taradji
Categories: Editorial, Misc, News, Uncategorized

AP Probe Finds Drugs in Drinking Water

A vast array of pharmaceuticals — including antibiotics, anti-convulsants, mood stabilizers and sex hormones — have been found in the drinking water supplies of at least 41 million Americans, an Associated Press investigation shows.

To be sure, the concentrations of these pharmaceuticals are tiny, measured in quantities of parts per billion or trillion, far below the levels of a medical dose. Also, utilities insist their water is safe.

But the presence of so many prescription drugs — and over-the-counter medicines like acetaminophen and ibuprofen — in so much of our drinking water is heightening worries among scientists of long-term consequences to human health.

Increase in Personal Injury from Baby Products

Posted 1 March, 2008 by Nima Taradji
Categories: News, Non-Law, Uncategorized

According to the Wall Street Journal, personal injury resulting in nursery products were up 11% in 2006, accounting for 66,400 personal injuries.

Lipitor Ads Misleading

Posted 26 February, 2008 by Nima Taradji
Categories: Civil, Medicine, News

Pfizer to End Lipitor Ads by Jarvik

Under criticism that its ads are misleading, Pfizer said Monday that it would cancel a long-running advertising campaign using the artificial heart pioneer Robert Jarvik as a spokesman for its cholesterol drug Lipitor.

Pfizer has spent more than $258 million advertising Lipitor since January 2006, most of it on the Jarvik campaign, as the company sought to protect Lipitor, the world’s best-selling drug, from competition by cheaper generics.

But the campaign had come under scrutiny from a Congressional committee that is examining consumer drug advertising and has asked whether the ads misrepresented Dr. Jarvik and his credentials. Although he has a medical degree, Dr. Jarvik is not a cardiologist and is not licensed to practice medicine.

Product Alert - Baxter’s Heparin

Posted 12 February, 2008 by Nima Taradji
Categories: Medicine, Misc

Here is what I do not understand. If the Heparin is a “medically necessary product” how come physicians are urged caution–read “do not prescribe”– in its use?

Baxter Halts Production of Multi-Use Heparin Vials

ROCKVILLE, Md., Feb. 11 — Reacting to a “spike” in adverse events — including four deaths — Baxter Healthcare has temporarily stopped making its multiple-dose vials of heparin sodium, the FDA said today.The move was not accompanied by a general recall of the products but physicians are being urged to use them with care, according to John Jenkins, M.D., of the FDA’s Center for Drug Evaluation and Research.

Dr. Jenkins said recalling the multiple-dose vials would create an immediate shortage of a “medically necessary product,” because Baxter produces about half the heparin used in the U.S.

10 Opinions - 10 Way

Posted 9 February, 2008 by Nima Taradji
Categories: Editorial, Medicine, Tort Deform

I like number 7 the best…

10 Ways to Fix Health Care: Opinions from 10 Experts

1. Mend the medical schools
Dr. Julie Gerberding, director of the Centers for Disease Control and Prevention (CDC), thinks the country needs more medical schools an that doctors, nurses, vets need to learn together. Beginning their education at once, Gerberding says, can encourage healthcare professionals to cooperate and develop a shared mission.

2. Single-payer insurance
Dr. Michael Ozer, a San Antonio-based pediatrician and a member of Physicians for a National Health Program (PNHP), says that the country needs to expand health coverage and lower its costs at the same time. The only way to do this, he asserts, is through single-payer national health insurance, or NHI. The approach is similar to healthcare programs in Canada and Britain.

3. Individual, not company, plans
Michael F. Cannon, director of health policy studies at the Cato Institute and co-author of the forthcoming 2nd edition of Healthy Competition: What’s Holding Back Health Care and How to Free It, says market forces bear no consequence on rising healthcare costs. Doctors and insurance companies get away with charging high prices because government programs encourage employer-controlled insurance. More people could benefit if they kept the same insurance plan even if they didn’t keep the same job.

4. Divert the dollar to the doc
Orthopedic surgeon and sports medicine specialist Neil Thomas Katz, on the other hand, says that the dollar needs to go to the doctors, not the patients, the insurance companies or the government.

“The solution is simple. Doctors and hospitals need to be paid at least as much as it costs to take care of you. We should not be losing money,” Katz states.

5. Pay for the care of populations, not events
Donald Berwick, a Massachusetts pediatrician and the president of the Institute for Healthcare Improvement, touches upon several ways to transform healthcare. One area he focuses on involves making healthcare a pattern, not a response to a particular occurrence.

6. Cut costs for med students
Like CDC head Julie Gerberding, Robert B. Goldberg, who heads the Medical Society of the State of New York, also points to medical school as the place to start change. But his argument focuses on the costs to students, not the separation of education. Large amounts of debt, he says, forces many medical students to specialize in one area instead of becoming the more needed primary care physicians.

7. Eliminate insurance altogether
Tennessee emergency and internal medicine physician Dr. Robert Berry has taken a groundbreaking approach to giving individuals better access to healthcare — he eliminated insurance all-together at his clinic. His7,500-some-odd patients pay for their visits themselves, because Berry does not accept insurance or third-party payments like Medicare.

8. More health centers
New Jersey Congressman Chris Smith wants to see more affordable, community health centers around the country. Such facilities treat patients regardless of their ability to pay medical fees and aim to alleviate the pressure at hospital emergency rooms. They also tend to help underserved, low-income and minority populations who often can not afford or acquire health insurance.

9. Stimulating positive-sum competition
Harvard University professor Michael E. Porter says the healthcare system has it all wrong — it system favors price over value. To set the system toward the latter, healthcare providers, payers and employers purchasing health plans must all change their tact. Ways to stimulate this change include making information more accessible.

10. Keep it low-tech
Dr. Dean Ornish, the founder, president, and director of the non-profit Preventive Medicine Research Institute in Sausalito, CA, said low-technology approaches to preventive healthcare can help cut healthcare costs. Though preventive programs incorporating diet, exercise and stress management might cost more money upfront, overall costs will drop by 30 percent and may save the patient from going for tests and getting treatment with expensive machinery.

Texas’ Tort Reform has Failed to Deliver

Posted 9 February, 2008 by Nima Taradji
Categories: Insurance, Tort Deform, law politics

Proposition 12 mailer - Expecting? Make sure you get to the delivery on time...

Baby, I Lied

Choosing between greedy trial lawyers and cuddly babies was no contest for most Texas voters. Proposition 12 passed. Four years later, vast swaths of rural Texas are going begging for health care. Proposition 12, and the far-reaching changes in Texas civil law that it dragged behind it, was built on a foundation of mistruths and sketchy assumptions. The number of doctors in the state was not falling, it was steadily rising, according to Texas Medical Board data. There was little statistical evidence showing that frivolous lawsuits were a significant force driving increases in malpractice premiums. Perhaps the most insidious sleight of hand employed by Proposition 12 backers was their repeated insistence that medical malpractice insurance rates were somehow responsible for doctor shortages in rural Texas. “Women in three out of five Texas counties do not have access to obstetricians. Imagine the hardship this creates for many pregnant women in our state,” Gov. Rick Perry told a New York audience in October 2003 at the pro-tort-reform Manhattan Institute for Policy Research. “The problem has not been a lack of compassion among our medical community, but a lack of protection from abusive lawsuits.” The campaign’s promise, that tort reform would cause doctors to begin returning to the state’s sparsely populated regions, has now been tested for four years. It has not proven to be true.

The McKinsey Documents

Posted 9 February, 2008 by Nima Taradji
Categories: Civil, Insurance

Secretive Allstate File Could Show ‘Bad Faith’

Behind the fight between Florida’s insurance commissioner and Allstate Insurance Co. is a mystery that could have come from a John Grisham novel.Secret Allstate documents - known as the McKinsey documents - allegedly show how the insurance giant intentionally has made low-ball claims offers to its customers for years, netting Allstate billions of dollars in the process.

But the McKinsey documents have never seen the light of day.

Trial lawyers who have sued Allstate in recent years have eagerly sought them, and Allstate reluctantly has turned them over to lawyers under subpoena. However, each time a judge has prohibited lawyers from distributing them to the media and the public under a protective order.

Florida now is demanding the documents from Allstate and other insurers in a broad-based investigation of the companies’ business practices, including alleged collusion with other insurers and their claims handling procedures. The issue came to a head last week, when Insurance Commissioner Kevin McCarty suspended Allstate’s right to issue new insurance policies in Florida. A judge later lifted McCarty’s suspension.

Allstate spokesman Mike Siemienas said the company intends to turn over the documents, but Florida might not find them all that revealing. The McKinsey documents at issue concern auto insurance - not the hot-button issue of homeowners insurance. Some of the strategies laid out in the documents were just ideas and never became Allstate policy, Siemienas said.

Still, Whitney Buchanan, an Albuquerque, N.M., trial lawyer who has seen the elusive documents, said that if Florida’s insurance commissioner receives them, they could go a long way to showing that Allstate has not been playing fair.

“These documents are devastating to them in bad faith litigation,” Buchanan said.

Helping Legal-Aid

Posted 5 February, 2008 by Nima Taradji
Categories: Civil, General Law, Illinois, Misc

Chicago Bar Foundation initiative to help legal-aid organizations

More than 20 local law firms have joined a new Chicago Bar Foundation initiative to support legal aid and pro bono efforts.”Law Firm Leadership Circle” membership requires firms to commit to several goals, including encouraging attorneys to annually complete at least 35 hours of pro bono work and donating at least $300 a year per attorney to legal-aid organizations.

The circle expands on the Chicago Bar Foundation’s efforts to ensure access to the justice system. There are fewer than 300 legal-aid attorneys who serve more than 1 million low-income residents in the Chicago area.

Last year, the foundation launched a fundraising campaign to supplement the incomes of legal-aid attorneys, collecting about $900,000 from law firms and corporations. This year’s campaign will be led by Dan Webb, chairman of Winston & Strawn.

$4 Million Compensation follows $5.7 millions

Posted 29 January, 2008 by Nima Taradji
Categories: Civil, General Law, Medicine, Tort Deform, Wrongful Death

Everyone hears about the “McDonald” case ad nauseum but this sort of cases where the doctor is simply negligent again and again and people die again and again is not heard of much.

$4 Million Awarded in Wrongful Death Suit after 45 Minutes Deliberation

A Wetzel County jury deliberated for about 45 minutes before deciding a New Martinsville doctor should pay $4 million to the surviving children of a woman who died from what one witness called an “intra-abdominal catastrophe.”

The wrongful death verdict is the second multi-million dollar decision against Dr. Anandhi Murthy in the past 10 months.

Just last spring, the law firm Bordas & Bordas of Wheeling obtained a $5.7 million award against Murthy on behalf of another plaintiff.

In the most recent case, Elizabeth Karpacs, 76, came to Wetzel County Hospital in June 2001 with serious abdominal symptoms and complaints, according to testimony in the case. Testimony during the four-day civil trial showed that surgery would have been needed to correct a life-threatening ischemic bowel condition, Karpacs’ attorneys said. Murthy instead treated Karpacs with fluids and antibiotics, the patient went home for the evening and Murthy did not see her again. She died the next morning.

Radiation Leads to Disability

Posted 26 January, 2008 by Nima Taradji
Categories: General Law

Alaska Supreme Court Decision Could Impact Wireless Safety Issues

The Alaska Supreme Court upheld a decision by the Alaska Workers’ Compensation Board awarding an AT&T equipment installer 100% disability benefits due to his exposure to radio frequency (RF) radiation at levels slightly above the FCC’s safety limit.

AT&T worker John Orchitt complained of headaches, eye pain and “mental slowing” following an incident where he was exposed to a 6 GHz signal operating at about 90 W. When Orchitt entered the job site, the amplifier was supposed to have been turned off, but he soon discovered that the wrong amplifier had been disabled. According to EMR Policy Institute, a consumer advocacy group specializing in wireless health issues, Orchitt’s MRI after the incident showed, “tiny areas of hypersensitivity in the frontal lobes.”

Orchitt’s RF exposure level was well below the FCC’s recognized level of “thermal” harm. Though the FCC claims there are no scientifically established harmful effects to a person’s health when exposed to RF levels below the thermal threshold, the Alaska Worker Compensation Board’s decision agrees with medical experts’ findings of adverse health effects occurring above the FCC safety limit but below the thermal threshold.

AT&T appealed the workers compensation board’s decision initially to Alaska’s superior court and then to Alaska’s Supreme Court, which upheld the board’s original decision, stating, “The board has the sole power to determine witness credibility and assign weight to medical testimony. When medical experts disagree about the cause of an employee’s injury, we have held that as a general rule, ‘it is undeniably the province of the Board and not this court to decide who to believe and who to distrust.’”

Posted 21 January, 2008 by Nima Taradji
Categories: General Law

Martin Luther King Day

This is a video of his full “I Have Dream Speech.” We mostly have heard excerpts, but it is worth the time to hear the complete version.

New Radeon Law

Posted 17 January, 2008 by Nima Taradji
Categories: Illinois, Misc, News

New Radeon Law Requires Info Before Sale

Starting Jan. 1, when a buyer and seller sign a contract on residential real estate property in Illinois, the new Illinois Radon Awareness Act now applies to the sales transaction.According to the new law, the seller must supply the buyer with two documents before the buyer will become bound on a contract to purchase the property. One is a pamphlet from the Illinois Emergency Management Agency, “Radon Testing Guidelines for Real Estate Transactions.” The other is a form to sign called “Disclosure of Information on Radon Hazards.”Radon is an odorless, tasteless gas. It is formed from the radioactive decay of uranium, which is found in small amounts in most rocks and soil. Exposure to high levels of radon results in an increased risk of lung cancer, according to the IEMA.“The new radon law applies to residential properties from single-family homes to four-unit buildings,” said Kay Wirth, president of the Illinois Association of Realtors.The new law does not require sellers to test for radon in the home or to reduce the concentration if elevated levels are found. The seller and buyer may negotiate whether further testing or remediation are necessary. In most cases, a seller will simply provide the two documents to the buyer before the contract takes effect.If you have a contract pending that was signed before Jan. 1, the law does not apply.

Trinity Taking Swing at MRSA

Posted 12 January, 2008 by Nima Taradji
Categories: Illinois, Medicine, Misc, News

Quad-Cities Online

rinity Regional Health System is implementing a plan to test more patients for a drug-resistant staph bacteria with hopes of eradicating it from its hospitals.

The germ is called MRSA, or methicillin-resistant Staphylococcus aureus. A new Illinois law requires hospitals to test intensive-care unit patients for the bacteria.

Carol Dwyer, who has a master’s degree in nursing and is Trinity’s vice president of hospital operations and chief nurse executive, said the health system this week expanded its testing to include the Terrace Park campus in Bettendorf, although Iowa does not have a law requiring it.

“Trinity came forward as a health care organization informing and educating the community about what MRSA is, how you get it, how to prevent it, how it’s treated and where it really originates,” Ms. Dwyer said.

Is Water Considered Soft Drink?

Posted 6 January, 2008 by Nima Taradji
Categories: Civil, General Law, Illinois, News

Chicago sued over bottled water tax

The Chicago City Council on Jan. 1 imposed a first-in-the-nation 5-cent tax on bottled water sold in the city in the hopes of decreasing plastic waste and generating $10.5 million in revenue, the Chicago Sun-Times reported Saturday.

The lawsuit says the tax is illegal because it evades a state law prohibiting taxation on food consumed away from the establishment of purchase.

The suit states bottled water is not classified as a soft drink and should be therefore considered in the same group as milk, sports beverages and teas, a group not subject to tax.

The Business of Not Paying Claims

Posted 28 December, 2007 by Nima Taradji
Categories: Insurance, News, Tort Deform, Wrongful Death

Death by Profit Margin

Insurance companies make money by finding ways to not pay claims. That’s the truth of it. This past week, we sadly saw the result of this in the death of Nataline Sarkisyan. From the CA Nurses Association: On Dec. 11, four leading physicians, including the surgical director of the Pediatric Liver Transplant Program at UCLA, wrote to CIGNA urging the company to reverse its denial. The physicians said that Nataline “currently meets criteria to be listed as Status 1A” for a transplant. They also challenged CIGNA’s denial which the company said occurred because their benefit plan “does not cover experimental, investigational and unproven services,” to which the doctors replied, “Nataline’s case is in fact none of the above.”

The CA Nurses Assoc. organized a massive protest against Cigna’s spreadsheet-based decision, but the turnaround from Cigna came too late for Nataline, who passed away without ever receiving her transplant. C&L has news video on the story, and it is absolutely heartbreaking.

PEACE!

Posted 24 December, 2007 by Nima Taradji
Categories: General Law

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HAPPY HOLIDAYS!!!!!!!

Posted 24 December, 2007 by Nima Taradji
Categories: General Law

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Not Such a Good News…

Posted 19 December, 2007 by Nima Taradji
Categories: Civil, Editorial, Tort Deform

I often thought they were doing something right there in Madison County for them to remain constantly in the cross hair of the anti-consumer, anti-justice, anti-American-Justice-System and pro-business groups such as the American Tort Reform Association. I wonder what changes have been implemented for ATRA to let Madison County fall short of its Blue Ribbon position on the List… More on that later.

Group: South Florida top `judicial hellhole’; Ill.’s Madison County falls from list

On Tuesday, the American Tort Reform Association left Madison County off of its rankings of “judicial hellholes” for the first time in the list’s six years — big stuff for the local court system that once topped the rankings for three years in a row.”It’s a very upbeat time for all of us in Madison County,” said Callis, the seven-year circuit judge who became chief judge in May 2006. While cautioning she’d never put much stock in what the pro-business lobbying group considers the worst legal venues for lawsuit defendants, the newest rankings “indicate we continue to move forward, making progress.”

The newest list is topped by South Florida, followed by Texas’ Rio Grande Valley and Gulf Coast, Illinois’ Cook County including Chicago, West Virginia and Nevada’s Clark County that includes Las Vegas.

More on Avandia

Posted 19 December, 2007 by Nima Taradji
Categories: Civil, Medicine, News, Wrongful Death

Nurse’s Family Files Avandia Wrongful Death Lawsuit against GlaxoSmithKline

Rogelio Larosa and his adult son, Eric, of National City, San Diego County, California, filed a lawsuit on Monday, December 17, 2007, against Philadelphia-based GlaxoSmithKline (”GSK”), the maker of Avandia (rosiglitazone maleate), in U.S. District Court, Southern District of California (San Diego) accusing GSK of causing the wrongful death of a Chula Vista nurse due to its negligence, fraud, breach of warranty and a failure to warn about the risks of its drug, Avandia.Milagros LarosaThe lawsuit alleges that Milagros Larosa, 65, over the course of one year, was hospitalized three different times for heart problems, classified as myocardial ischemic events (a painful heart condition caused by blockage or lack of blood flow to the heart) and ultimately suffered a fatal stroke, caused by the Avandia she was taking for her type 2 diabetes. She had no prior heart problems or any type of a heart condition before starting Avandia.

In the Trenches Fighting for Justice

Posted 15 December, 2007 by Nima Taradji
Categories: Editorial, Illinois, Misc, News, Tort Deform

A Small Firm Wages ‘100 Years’ War’ on Tort Reform

Attorney Robert Peck and his nine law firm partners at the Center for Constitutional Litigation in Washington look like average plaintiffs lawyers when they walk into courtrooms around the country, but they’re not.

They are the lawyers to trial lawyers nationwide, fighting “tort reform.” The center’s attorneys are on retainer for the trial lawyers’ trade group, the American Association for Justice (formerly the Association of Trial Lawyers of America) and pursue cases to overturn state and federal laws that they allege rob Americans of legal redress.

The center’s attorneys have 40 cases pending across the United States in which they are helping plaintiffs challenge government limits on tort claims, such as state caps on medical malpractice damages and federal legal immunity for rental car companies and gun manufacturers.

“We are often in a case because there’s some impediment to having your day in court,” Peck said.

How Accurate is a Mammogram?

Posted 13 December, 2007 by Nima Taradji
Categories: Civil, Medicine, Non-Law

Accuracy of Diagnostic Mammogram Interpretation Varies by Work Setting

Radiologists at academic medical centers are more likely to interpret diagnostic mammograms accurately than those at non-academic centers, according to researchers here.

So found a review
of 123 radiologists who interpreted 35,895 diagnostic mammography
examinations at 72 facilities that contribute data to the Breast Cancer
Surveillance Consortium, Diana L. Miglioretti, Ph.D., of Group Health
Cooperative, and colleagues reported online in the Journal of the National Cancer Institute.

After
controlling for patient characteristics, radiologists working in
academic medical centers achieved a median sensitivity of 88% (95% CI:
77% to 94%) versus a median sensitivity rating of 76% (95% CI: 72% to
79%) for non-academic radiologists.

So found a review
of 123 radiologists who interpreted 35,895 diagnostic mammography
examinations at 72 facilities that contribute data to the Breast Cancer
Surveillance Consortium, Diana L. Miglioretti, Ph.D., of Group Health
Cooperative, and colleagues reported online in the Journal of the National Cancer Institute.

After
controlling for patient characteristics, radiologists working in
academic medical centers achieved a median sensitivity of 88% (95% CI:
77% to 94%) versus a median sensitivity rating of 76% (95% CI: 72% to
79%) for non-academic radiologists.

Another Recall

Posted 13 December, 2007 by Nima Taradji
Categories: Medicine, Misc, News, Non-Law

Merck Recalls Million Doses of Hib Vaccine

Merck has issued a voluntary recall of one million doses of its Haemophilus influenzae type b vaccine, an action that the CDC said does not threaten public health but will cause a serious vaccine shortage.

Merck decided to recall the vaccines after tests at a manufacturing plant in Pennsylvania identified a malfunction in the sterilization process that could have allowed microorganisms to survive the process.

Both the CDC and the FDA emphasized that they have no evidence of contaminated vaccine, nor have there been any reports of adverse events associated with use of the suspect vaccines.

Moreover, the recall does not affect potency so there is no need for revaccination of children who received vaccinations from the affected lots.

The Corporate Takeover of the Judiciary

Posted 12 December, 2007 by Nima Taradji
Categories: Editorial, Insurance, Misc, Tort Deform

This could be interesting. I have long suspected that the corporate money has infiltrated the judiciary and hence the decisions that comes out of that institution. I have not watched this movie, but it goes along my suspicions. Worth a look…

Benched

“Benched: the Corporate Takeover of the Judiciary” chronicles the most expensive Supreme Court Race in history – the 2004 race for State Supreme Court in Illinois where over ten million dollars was spent.

“Benched” explores the underlying issue of the race – the battle over “tort reform.” Critics charge that the insurance industry unfairly targeted doctors in Madison County, Illinois, raising their malpractice insurance premiums to pressure the doctors to lobby their patients and the community for “tort reform”, including caps on medical malpractice awards that will only benefit the insurance industry and harm consumers. The doctors contend that they are being driven out of business by “frivolous lawsuits” while victims of medical malpractice and lawyers argue caps on law suits will deny them justice and that claims of an out of control civil justice system are corporate propaganda.

In the end, the documentary reveals the true beneficiary of this campaign for tort reform – Big Tobacco companies. Critics charge that the Philip Morris tobacco company played a role in financing the tort reform movement to get their chosen candidate, Lloyd Karmeier elected to the Illinois Supreme Court in order to have a pending 10.1 Billion dollar judgment voided by the Court.

In December, 2005, Justice Lloyd Karmeier cast the tie-breaking vote reversing the 10.1 Billion Dollar judgement against Philip Morris.