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Personal Injury Law

Honolulu Personal Injury Lawyer

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Last Entry: April 05, 2010 at 21:28:05

Hawaii "Brownfields" - Land Contaminated by Pesticides,Hazardous Chemicals or Pollutants Receives Grant for Cleanup

Posted on May 09, 2009
A study has shown that Hawaii women suffer higher cancer rates due to pesticide use so when I read that the EPA is giving money to clean up pesticide contaminated land, I know that this is a small step toward better health for Hawaii's families. You can read about the study at: Breast Cancer Risk in Hawaii Linked to Pesticides in Drinking Water and Indoor Air A Comment to that article was particularly meaningful to me: The woman I loved died of breast cancer eight years ago...

Tort Reform Myth: AMA Statistics Refute 'Doctors Flee' Myth

Posted on May 08, 2009
The American Medical Association has data, according to the American Association of Justice (AAJ) that 'adds to a growing body of research that proves physicians are not fleeing the profession because of medical liability.' Citing statistics from the AMA's recently released 'Physician Characteristics and Distribution' report, the AAJ observed that the number of physicians in the United States grew steadily during the decade between 1998 and 2007, from 765,922 to 941,304...

Hawaii Call To Action: Support The Prevent Child Abuse Hawaii Benefit Concert/Art and Fashion Fundraiser will be held on May 16, 2009

Posted on May 08, 2009
Jacie Katsuda, Contributor How can a mom or dad, the one who is supposed to nurture and protect, take advantage of that privilege by inflicting intentional pain on their innocent little boy or girl? Molesting them? Raping them? Neglecting them? Scarring them, for the rest of their child's life? We all know that tonight in Hawaii children are being subjected to physical, sexual and emotional abuse...

Portion of Arkansas tort reform law ruled unconstitutional

Posted on May 07, 2009
On May 7, 2009 the Southeast Texas Record reporter Michelle Massey, Texarkana Bureau, writes that a portion of the tort reform law passed in 2003 by the Arkansas legislature has now been held unconstitutional. Asking the higher court whether the provisions violate the state constitution, U...

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Tort Reform Myth: Legal reform is needed because lawsuits hurt small businesses.

Posted on May 07, 2009
Wrong. Multiple surveys have shown that lawsuits are not a concern for small business owners. A survey from the National Association of Manufacturers suggests that 'lawsuit abuse' ranks at the bottom of concerns for manufacturers. National Manufacturing Week 2006 Annual Survey Results,' National Association of Manufacturers...

Synthes settles investigation into conflicts of interest among physicians researching its products.

Posted on May 07, 2009
The New York Times (5/7, B4, Abelson) reports, "The New Jersey attorney general has announced a settlement with a medical device maker accused of failing to disclose financial conflicts of interest among doctors researching its products." Attorney General Anne Milgram added that "her office is investigating other similar conflicts in the device industry," and has "issued subpoenas to five major device makers...

Swine Flu Information for Hawaii Residents

Posted on May 06, 2009
Today we learned that our vulnerable Island chain has now been visited with H1N1, the new Swine Flu virus. We have three confirmed cases that have been heavily reported in the press. National consumer health advocate Martine Ehrenclou, has recently written on Swine Flu prevention from a practical point of view: Prevention Wash your hands regularly...

Tenenbaum appointed to chair Consumer Product Safety Commission by Obama.

Posted on May 06, 2009
The Washington Post (5/6, Layton) reports President Obama "has tapped a politically skilled former schools chief from South Carolina to chair the Consumer Product Safety Commission and said he will boost funding at the agency, which has been struggling greatly with dwindling resources and leadership problems...

The Hawaii Pedestrian Crosswalk Safety Chronicles: Innovative Solution for Crosswalk Safety

Posted on May 06, 2009
A primary mission of these articles is to promote safety and make Hawaii a safer place for all of us. Everyone in the Islands is concerned about crosswalk deaths and pedestrian injuries. I have come across an innovative system that may help prevent these tragic events: In-Roadway Warning Light (IRWL) systems...

A Plaintiffs Attorney Reflects on Injury, Hardship, Disappointment and Loss - Law As Poetry

Posted on May 05, 2009
They are all injured - my clients. Their lives have been visited by misfortune. Sometimes their house is falling down or some variation of that theme. Sometimes an insurance adjuster working for a huge insurer like Allstate or AIG is holding back on paying their medical bills or refusing to pay their lost wages - and the fear of being thrown on the streets is in their hearts...

Tort Reform Myth: Myth: Health care costs are rising and doctors are unable to practice due to litigation.

Posted on May 05, 2009
Health care costs are rising; however, medical malpractice litigation has nothing to do with it. According to the Congressional Budget Office, medical malpractice amounted to less than 2 percent of overall health care spending. "Limiting Tort Liability for Medical Malpractice," Congressional Budget Office 1/08/04": President Bush will ignore the real causes of skyrocketing healthcare costs, such as high drug prices and unregulated insurance premiums, during his economic summit today because he has received $786,262 from drug companies, $4,790,475 from insurance firms and $764,333 from HMOs and other health insurers, said the Foundation for Taxpayer and Consumer Rights (FTCR)...

Mayo Clinic Backs New Personal Health Record Site

Posted on May 05, 2009
The Health Insurance Portability and Accountability Act (HIPAA) protects the privacy of your health information. But it also protects your rights to continue your health insurance as you or a spouse moves from job to job, and limits exclusions for preexisting conditions...

Mentor Corporation Sued for Complications Associated with ObTape.

Posted on May 05, 2009
The New York Times (5/5, D5, Rabin) reports that "dozens of women" are "suing the maker of [a] vaginal sling, called ObTape" for complications they claim are associated with the product. The product was used in patients with "stress urinary incontinence" to "plug the leak by inserting a hammock made of a strip of synthetic mesh like material...

Tort Reform Myth - The Number of Lawsuits is Skyrocketing!

Posted on May 04, 2009
Not true! Not True! Not True! How many times have you read that "the number of lawsuits is skyrocketing" in the Honolulu newspapers? How many times have you heard a TV news reporter say this? The recent article by Paula Arcena in the Hawaii Reporter makes me wonder what journalists do before they write a story...

Obama: Supreme Court nominee must be attuned to "daily realities."

Posted on May 04, 2009
The Wall Street Journal (5/2, A3, Weisman, Bravin) reported, "The battle to influence the next Supreme Court pick began Friday as President Barack Obama announced that Justice David Souter would retire at the end of the current term." The President said "he would seek a nominee with 'a record of excellence and integrity...

Misdiagnosis of Brain Injury - Its Not Just a Headache - Remembering Natasha Richardson

Posted on May 03, 2009
Think about tort reform in the context of medical negligence - misdiagnosis of traumatic brain injury - on a national basis. It happens everywhere from Honolulu to Hilo to Washington, D.C. Why don't the tort reform advocates talk about the 15,000 people in the united States whose life threatening head injury will be misdiagnosed by careless physicians this year? Natasha Richardson died of a headache...

The History Of Tort Reform - A Story of Corporate Greed And A Conspiracy Against Justice For The People

Posted on May 02, 2009
Richard Middleton, Jr. past president of the American Association of Justice (AAJ) describes where the concept of tort reform originated: It is no secret that, for more than three decades, business interests have invested billions of dollars to sell the public a distorted view of a legal system that is justifiably envied throughout the world...

Hawaii Health Warning - The FDA Says Don't Use Hydroxycut Dietary Supplements

Posted on May 02, 2009
This week the news broke across the country about a new FDA Warning: Don't use Hydroxycut Dietary Supplements. In Hawaii we don't always get the news about these things and so I have been trying to stay up on food and diet safety issues - particularly when the products are purchased over the Internet where there is less scrutiny of the products...

Coast Guard Report Blames Death Of Teen In 2006 On Unauthorized Modifications to Tour Boat's Mast

Posted on May 01, 2009
Mary Vorsino, of the Honolulu Advertiser reports that the Coast Guard has reported on two tourist deaths in separate incidents. A 13 year old boy was killed on a catamaran off Waikiki in 2006 when the mast on the tourist catamaran buckled and killed the boy and injured three passengers...

New Mexico Supreme Court Strikes Down One-Sided Mandatory Arbitration Clause

Posted on May 01, 2009
A news note from: Arthur Bryant Executive Director Public Justice & the Public Justice Foundation The Public Justice "Access to Justice Campaign" and "Mandatory Arbitration Abuse Prevention Project" have just won a major victory in the New Mexico Supreme Court! In Cordova v...

Forced Arbitration: Tort Reform By Contract

Posted on May 01, 2009
Arbitration Fairnress Day was celebrated on April 29th and now the public is being educated about the evil of forced arbitration also know as "binding mandatory arbitration" or BME. Thwety five years ago when the CEO's of major insurance companies, the drug manufacturers, and big corporations coined the term "tort reform" and started to mislead the public about the need to reform the civil justice system...

Justice Souter said to be retiring at end of court's term.

Posted on May 01, 2009
Supreme Court Justice Souter's planned retirement was heavily covered by the media, appearing on the front page of major national newspapers. The AP (5/1, Sherman, Loven) reports that Supreme Court Justice David Souter is planning to retire "in June, when the court finishes its work for the summer, a source familiar with his plans said...

Consumer Health Advocate Martine Ehrenclou Provides Tips On The The Swine Flu - What You Can Do To Protect Yourself

Posted on April 30, 2009
We are fortunate to have one of the top advocates for patients, Martine Ehrenclou, MA, share her thoughts on the Swine Flu pandemic that is threatening the world. Prevention is always the most important goal of every person. Martine Ehrenclou is a patient advocate and author of Critical Conditions: The Essential Hospital Guide To Get Your Loved One Out Alive Martine Ehrenclou With the growing numbers of Swine Flu (influenza A H1N1) cases in the United States, it would benefit everyone to implement a few simple prevention strategies and to prepare now...

Stalled suits against drugmakers proceeding after Supreme Court preemption decision.

Posted on April 30, 2009
Bloomberg News (4/30, Fisk, Feeley) reports, "Just two months after the U.S. Supreme Court decided patients can sue drugmakers over injuries from medicines approved by the government, long-stalled lawsuits against GlaxoSmithKline Plc and Bristol-Myers Squibb Co...

Institute of Medicine (IOM) Calls for "Far-Reaching" Changes to Prevent Medical Industry Gifts To Influence Patient Care and Research.

Posted on April 29, 2009
The Wall Street Journal (4/28, Rockoff) reported, "The Institute of Medicine [IOM] recommended Tuesday that doctors, medical schools, professional groups and drug makers make far-reaching changes to prevent industry gifts and payments from influencing patient care and research...

Drug Company Has Enough Tamiflu Anti-Flu Treatment Stored To Treat 5 Million H1N1 Influenza Patients

Posted on April 29, 2009
The Associated Press reports from Geneva, Switzerland on Apr. 27, 2009 that "drug company Roche Holding AG said Monday the World Health Organization has enough of the anti-flu treatment Tamiflu stockpiled to treat up to 5 million people who come down with the new strain of swine flu that broke out in Mexico...

Fact Sheet For Arbitration Fairness Act

Posted on April 29, 2009
Consumer advocates Fair Arbitration Now point out that: "Corporations oppose the Arbitration Fairness Act because the system of forced arbitration allows them to escape accountability for discrimination, harassment, gross negligence, fraud, and other corporate wrongdoing...

Celebrate Arbitration Fairness Day On April 29, 2009

Posted on April 29, 2009
Forced arbitration is another example of how corporations are taking advantage of Americans. As a private system without an impartial judge or a jury, mandatory arbitration allows companies like AIG to play by their own rules and escape accountability when they harm consumers and employees...

Ex-FDA official calls PCA salmonella outbreak "poster child" for food safety flaws.

Posted on April 28, 2009
The CBS Early Show (4/27, Gielan, 8:00 a.m. EDT) revisited the peanut-borne salmonella outbreak earlier this year thought to have contributed to nine deaths and hundreds of illnesses nationwide. Former FDA assistant commissioner William Hubbard appeared on-camera, saying that the outbreak, ultimately linked to the Peanut Corporation of America, "is a poster child for the many flaws in our food safety system...

Puna Man Dies in All Terrain Vehicle Rollover - Are ATV's and UTV's Dangerous?

Posted on April 27, 2009
On Sunday March 8, 2009 a 49-year-old Puna man was killed while riding his ATV in Hawaiian Acres subdivision in Puna on the Big Island. Robert Texeira of Kurtistown was riding a Suzuki King Quad ATV going north on Road B when the ATV overturned and landed on Mr...

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