Personal Injury Lawyer Blog
Are Deadly Amoeba Infections Unpreventable? - Friday, October 5, 2007
According to the Centers for Disease Control and Prevention (CDC), there is little anyone can do to prevent or stop the spread of a deadly amoeba Naegleria. However, it is possible that we could all have done something to prevent the spread of this disease, which has increased essentially fourfold this year.
Although there were only six fatal cases reported this summer, that number represents four times the average number of cases seen nationwide since 1989. What might be behind the increase?
Microbiologists note that Naegleria are commonly found in warm, fresh water, and advise that swimmers avoid "thermally polluted" lakes and streams. However, as global warming increases the mean world temperature, all bodies of water have become "thermally polluted," meaning that we have likely not seen the last increase in Naegleria infections.
Illustrative is the case of Cryptosporidiosis, a disease that was under detailed surveillance by the CDC from 2003-2005. This disease is caused by protozoa of the genus Cryptosporidium, that, like Naegleria, is found in warm, fresh water. In particular, infection is expected to spread to people using fountains and other tepid water environments as recreational water features. During the period, cases of infection rose by over 11% each year. The cause? The exact cause is unknown, but it really can be attributed to only a couple factors, both of which increase under the influence of global warming: an increase of Cryptosporidium in the water or an increase of people seeking the refuge of water on hot summer days.
It remains to be seen whether Naegleria infections will continue their increase as global warming continues, but any increase represents a serious health risk to the population, not primarily because of its anticipated fatality rate, but because of the possible fear resulting from such fatalities.
Naegleria infection has a high potential fear factor. The origin of the disease is innocuous, and targets an innocent activity most consider a cherished part of childhood: a plunge in the local swimming hole. Then the disease progresses quickly, moving from flu-like symptoms to death in as little as four days. Although treatments purportedly exist, the progress of the disease is too quick in most cases to allow application of the treatment, making their effectiveness nominal at best.
Although it is probably impossible that we as a population can seek damages for the massive exchange made by industries and governments reluctant to sacrifice profits for reduction of carbon dioxide emissions, we should consider any increased fatalities due to global warming wrongful deaths, deaths that did not have to happen. If you have lost someone close to you as a result of people trading your risk for their profit, contact PersonalInjury.com today to get in touch with a lawyer capable of punishing those responsible.
Miners' Families Voice Anger - Thursday, October 4, 2007
Relatives of 6 Utah miners killed in an August 6 Crandall mine collapse spoke before a House of Representatives committee yesterday, voicing their anger at the company that owns the mine. They accused the company of valuing "production over safety," and apparently several of the miners had expressed safety concerns that went unaddressed by the company.
The probe into charges of the wrongful deaths of the miners was being conducted by the House Committee on Education and Labor, while the federal Mine Safety and Health Administration and Murray Energy Group, which owns the mine, refused to participate.
Miners, their families, and the governor of Utah charged that the collapse was a direct result of the company's dangerous mining practices, exacerbated by the indecision and confusion and possibly collusion of the MSHA.
After the cave-in, Murray executives conceded that the company had been engaging in "retreat mining" at the mine. In retreat mining, mineshaft support pillars are knocked down to loosen coal. Murray executives deny that retreat mining had anything to do with the cave-in, citing an earthquake, but US Geological Survey scientists say that the purported earthquake was actually the mine collapse, which registered 3.9 on the Richter scale.
A former miner at Crandall charged that there were already insufficient support pillars in the mine, but yet Murray ordered more taken out to free more coal.
In this case, was there an implicit conspiracy between the mining company and the government watchdog agency supposedly overseeing its operations? Miners complained that the Murray plan for retreat mining received scant oversight by the MSHA. If this is the case, where can families turn for redress and the comfort of knowing that others will not have to suffer the same pain in the future? While the legislature can pass new guidelines, if the executive agency, like so many under the current administration, becomes a rubber stamp for corporate will, only the judicial branch remains. If you or a loved one has suffered or fear you will suffer because of the dangerous practices of a corporation that employs you or works in your community, contact PersonalInjury.com today to get in touch with a lawyer that can protect you.
Suit Reveals Incriminating Insurance Company Documents - Wednesday, October 3, 2007
Previously, I have written here about dishonest insurance company practices that led to the mistreatment of claimants. First, I discussed the policy of insurance companies to "deny, delay, defend" all claims, offering intentionally low settlements to motor vehicle accident victims, then viciously fighting anyone who dared seek actual compensation for their injuries.
Then I talked about the insurance companies' use of computerized estimators of medical expenses that seemed to deliberately underestimate the costs, often by not taking many variables into account.
Now it seems that both of these practices are criminally documented by internal memos, policy statements, and recommendations by independent contractors. Just as the Nazis' own fastidious records of their crimes at Auschwitz, Dachau, Belsen, and elsewhere were the only way the world could be made to believe just what was going on, so too it seems that the company's own documents reveal that their dishonest practices are far worse than anyone had suspected.
In a trial over a claim for $1.425 billion dollars, yes, billion with a "B," an attorney for a Richmond, Kentucky woman revealed internal documents from Allstate Insurance Co, showing that the company did revamp its claims process in the mid-1990s in order, it says, to combat fraud, although as a side product, documents reveal that the company expected to make as much as $700 million annually.
The documents reveal that it routinely offered low settlements to its claimants, 90 percent of whom accepted the claim. The other ten percent who held out for more were all treated as if their claims were fraudulent. The company charged that these claims were inflated or "padded," based on data from its computer program Colossus (anyone remember The Forbin Project?).
Now, however, documents also reveal that not only did Allstate skew the data to produce artificially low values (as in the Colorado Case against State Farm), but allowed its adjusters to manually enter "offsets" to create an even lower value. But why would adjusters do this? Because, as documents reveal, they were under pressure from their supervisors to cut payouts by as much as 13% per year.
In their defense, Allstate attorneys claim that the practices were designed to combat bodily-injury payouts that were rising at faster than medical inflation. They claim that soft-tissue damage claims were rife with fraud.
Perhaps the only downside of this case that is revealing many dishonest insurance practices is that the claimant might be at fault here with a fraudulent claim. Apparently, the claimant's attorney had denied requests for medical records. Further, the claimant did not disclose a previous workers' compensation claim and concealed a pre-existing back condition. Furthermore, her claim amount kept rising from $7298 to $75,000 to $6 million to $1.425 billion, and though this final amount might be karmically justified as a punitive amount for their bad practices, it seems a shame that it might go to someone who is dishonest themselves. It is like finding oneself cheering for Stalin against Hitler.
The only remedy for this solution is for rank-and-file claimants to refuse to accept paltry settlements. If we all fight these unjust practices, they will become unprofitable as surely as if insurance companies are hit by massively unjust settlements like this one. If you or someone you love has been involved in an accident, know that the insurance companies are intentionally lowballing your claim. Demand more, and if they refuse, then contact a lawyer at PersonalInjury.com to get help making them pay. This is the only way we can stop them from making record profits at our expense.
San Dimas Gives Excellent Settlement to Injured Teen - Tuesday, October 2, 2007
San Dimas, the California community that was such a bummer for Bill and Ted, proved itself generally unfriendly to teens when it installed a dangerous fence that put a beauty queen and top student in permanent medical care.
The teenager was driving through the city in April 2005 when she lost control of her car and slammed into a fence built by the city. The wooden logs from the fence pierced her car and her head, leading to severe brain damage.
The damage has permanently crippled her body and mind, forcing her to live in permanent 24-hour care, rely on a wheel chair for locomotion, and communicate with hand signals rather than speech.
Her parents sued the city of San Dimas on her behalf and recently received a settlement $9 million in which the city acknowledges no fault.
Her family continues to seek treatment for her, and she continues to improve and hopefully the money will ensure she gets the best possible care. If you or someone you love has suffered a crippling accident as a result of faulty construction, contact PersonalInjury.com today to get in touch with an experienced auto accident lawyer.
Merck Fighting Tooth and Nail over Vioxx - Monday, October 1, 2007
In a groundbreaking strategy, Merck has decided to fight every single case of litigation over its drug Vioxx.
When Vioxx was pulled from the market, speculations abounded that Merck's liability could reach $50 billion and even around the possible demise of the drug giant. However, Merck's strategy of fighting the cases one by one and refusing to acknowledge fault via a blanket settlement, has made a lot of hay for the firm.
Merck has won nine of the 14 product liability trials that have been resolved. They believe their strategy is unequivocally successful. The number of cases pending has decreased steadily as cases are dismissed or dropped, but still stands at over 45,200 cases, with 14,450 cases on hold.
With this many cases pending, the cost of this litigation continues to soar. So far, Merck has spent $1.04 billion in defending the cases, with $828 million in reserve, while plaintiffs are spending $650,000 to $1.5 million per case. At this rate, Merck could easily expend its $50 billion in projected liability on lawyer's fees.
In response, plaintiffs' lawyers are trying a new strategy of their own: working together. Unlike the traditional image of lawyers as rugged individualists with a devil-take-the-hindmost attitude, law firms are working jointly to try and ensure victory for their clients, going so far as assembling a handbook for use by lawyers in trying to win Vioxx cases. Although industry advocates praise Merck's victories, lawyers dismiss them, saying the firm won mostly where expected, where plaintiffs had other cardiac risk factors in addition to taking Vioxx.
Although the statute of limitations on new Vioxx cases has expired, new drug side effects are coming to light all the time. If you or someone you love has suffered a serious and unanticipated side effect as a result of taking a prescription or non-prescription drug, contact PersonalInjury.com to get in touch with an experienced drug side-effects lawyer.
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