Personal Injury Law
P.I.S.S.D. -- Personal Injury, Social Security Disability 
The title of this blog reflects Bob Kraft's attitude toward those government agencies and insurance companies that routinely mistreat injured or disabled people.
Post Frequency: 5.9/day Last Entry: May 06, 2009 at 17:44:22 Recent Entries: 743
By Robert Kraft
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FDA Alerts Physicians To New Warnings On Some Anti-Seizure Drugs
Posted on May 06, 2009The AP reports, "The Food and Drug Administration has alerted physicians to new warnings on anti-seizure drugs about heightened risks of suicidal tendencies, following an earlier announcement that the labels would be required." The warnings apply "to more than 20 medications used to control seizures, psychiatric disorders and nerve pain...
Featured Link - DriveCam.com
Posted on May 05, 2009DriveCam is an interesting device designed for fleet operators or for families concerned with the driving habits of teenagers. It mounts on the rearview mirror and records the view out the front of the vehicle and also the view toward the interior of the vehicle...
FDA Investigates Potentially Fraudulent Products With Claims To Cure, Protect Against Swine Flu
Posted on May 05, 2009The AP reports, "The Food and Drug Administration has found at least 20 websites that may be fraudulently marketing products with claims that they guard against or cure swine flu, an agency official said Monday." One company, ReBuilderMedical Technologies Inc...
NHTSA Upgrades Roof Strength Regulation
Posted on May 05, 2009The Detroit News reported, "The long-awaited federal upgrade of the 35-year-old regulation governing vehicle roof strength will save 135 lives, prevent more than 1,000 injuries and add up to $1.4 billion annually to the cost of new cars, the Transportation Department said...
Featured Link - ZabaSearch.com
Posted on May 04, 2009ZabaSearch is another of the many new search engines in the Internet. This one specializes in people searches and has a few feature Google doesn't. It's free, so take a look. Here's their one-paragraph description: Telephone Numbers and Addresses Revealed Free...
Manufacturer Recalls 14 Hydroxycut Products Following FDA Warning
Posted on May 04, 2009The Wall Street Journal reported, "Consumers should 'immediately stop' using Hydroxycut weight-loss products amid concerns they may cause jaundice and liver failure, the U.S. Food and Drug Administration said Friday." Responding to "23 serious reports of health problems with Hydroxycut products and one death in a 19-year-old male who had used the weight-loss products," regulators are "strongly" advising "people against using 14 Hydroxycut products," according to Linda Katz, interim chief medical officer in the FDA's food safety and nutrition division...
L.A. Times: Companies Should Not Be Able To Force Mandatory Arbitration
Posted on May 04, 2009In a column in the Los Angeles Times David Lazarus wrote, "If you have a credit card, a cellphone or even just a job, chances are you've already signed away your right to sue if something goes wrong." He adds, "Mandatory arbitration clauses have become a routine part of the fine print in most financial, telecom and employment contracts, as well as numerous other customer agreements...
Arthritis and Social Security Disability
Posted on May 04, 2009A recent study shows that nearly 48 million Americans have a disability, which is a significant increase from the reported 2 million a decade ago. Arthritis tops the list as the most common cause of disability. It is expected that baby boomers will, as they age, cause a rise in the prevalence of arthritis by 40% as of 2030...
96,000 Cribs Sold at Toys "R" Us Recalled
Posted on May 02, 2009About 96,000 Jardine cribs sold at Toys "R" Us and Babies "R" Us were recalled this week. This was the company's third crib recall in a year. The Taiwanese company recalled about 320,000 cribs in June 2008 and another 56,450 in January. The slats on the seven models of recalled cribs can break, leaving a gap where small children can get trapped or strangled...
Friday Fun
Posted on May 01, 2009Engrish.com is a collection of mangled English from around the world. There are T-shirts, signs, menus, and lots of other delicious misinterpretations of our language. Check it out.
Stalled Suits Against Drugmakers Proceeding After Supreme Court Preemption Decision
Posted on April 30, 2009Bloomberg News 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. are again moving toward trials...
Featured Link - TumbleweedHouses.com
Posted on April 29, 2009Are you considering downsizing your home because of this recession? Many people are doing just that. My wife and I did a few years ago after our daughters got married and moved out. Downsizing can be taken to an extreme though, and a perfect example is found at TumbleweedHouses...
Chamber of Commerce to Unveil Videos on Lawsuit Abuse
Posted on April 29, 2009In the Law blog on the Wall Street Journal website Ashby Jones wrote, "Next month, the U.S. Chamber of Commerce will unveil four short clips to run before feature films in Washington, D.C.-area movie houses." All of the clips will attempt to illustrate "supposed 'Lawsuit Abuse...
Columnist Criticizes Chamber of Commerce Ad Campaign Against Arbitration Act
Posted on April 28, 2009In a column in Bloomberg News Susan Antill writes that the Chamber of Commerce's "'Faces of Lawsuit Abuse' ad campaign is but a piece of a larger publicity war that's heating up as legislators begin considering the merits of the Arbitration Fairness Act of 2009, introduced Feb...
Associates Keep Quiet As Economic Downturn Increases Layoffs
Posted on April 28, 2009The National Law Journal reported, "With law firms unloading scores of attorneys amid the economic downturn, associates are finding that the balance of power has shifted away from them and into the hands of law firm managers." Now, "with few ships for associates to jump to these days, young attorneys are increasingly reluctant to raise any issue that might put an unwanted target on their backs...
House and Senate to Consider Credit Card Bill, Cramdown Legislation
Posted on April 28, 2009The Hill reports, "House and Senate lawmakers are heading toward votes by the end of this week on legislation that would clamp down on two major segments of the financial industry that have long fought additional regulations." The Hill says, "In the Senate, Democrats are headed toward a vote on Thursday at the earliest on a controversial bill that would empower bankruptcy judges to write down home mortgages...
ABA GP|Solo Meeting Cancelled Due to Swine Flu in Mexico
Posted on April 28, 2009In a disappointment to many people, members of the American Bar Association GP|Solo section received this e-mail today: April 28, 2009 To GP Members: Subject: ABA GP|Solo Spring Meeting is cancelled Dear ABA GP|Solo Member: Per the Centers for Disease Control and Prevention (CDC) website at http://www...
Transportation Secretary Pushes Carmakers to Crash-Test Child Safety Seats
Posted on April 27, 2009The Chicago Tribune reported, "U.S. Transportation Secretary Ray LaHood on Friday said he planned to urge carmakers to crash-test child safety seats in their vehicles and recommend which child restraints are the safest in each auto, responding to a Chicago Tribune investigation...
Latest Recession Victims: Laid-Off Lawyers
Posted on April 27, 2009The Washington Times reports, "The number of unemployed lawyers surged from a nationwide average of 20,000 last year to 31,000 in the first quarter, the highest in at least 15 years, according to the Bureau of Labor Statistics" and "three thousand lawyers lost their jobs in the first three months of the year...
Washington Times Urges Senate To Reject Hurley Nomination For NHTSA
Posted on April 26, 2009The Washington Times editorializes, "President Obama's pick to head the National Highway Traffic Safety Administration raises a few red flags. If confirmed by the Senate, Chuck Hurley, CEO of Mothers Against Drunk Driving, will drive motorists over the cliff with regulation...
FAA to Propose New Medical Helicopter Safety Rules
Posted on April 24, 2009The New York Times reports, "A Federal Aviation Administration (FAA) official said Wednesday that the agency planned to propose new rules requiring medical helicopters to use additional safety equipment, including collision avoidance systems." The decision comes after "a series of fatal medical helicopter crashes over the last two years that have killed 35 people...
Friday Fun
Posted on April 24, 2009Easy Bar Tricks is just what the name implies - a series of very cool tricks you can play with beer bottles and other items you find in a bar. Here are some great ways to win a few free beers from your friends.
Featured Link - Lawyer Advertising Rules In Each State
Posted on April 23, 2009Lawyers could avoid a lot of headaches if we'd just take a few minutes to brush up on the advertising rules before we start any new promotional efforts. The American Bar Association has a helpful Web page that lists links to the Ethics Rules Governing Lawyer Advertising, Solicitation and Marketing in each state...
Blogging Presentation at Lawyers Inner Circle
Posted on April 23, 2009I have the honor of making a presentation to the Lawyers Inner Circle group today. The topic is Attracting Clients With Blogging. I?m talking with the other lawyers about the importance of providing helpful information on their blogs. A good legal blog should be educational, not promotional...
Insurance Premiums Rise Due To Stock Market Losses
Posted on April 20, 2009USAToday has an article today about the increases in auto, life and home insurance premiums, brought on by loss of insurance company investment returns. Normally, when there is a downturn in the stock market and insurance companies bring in less revenue, they start talking about tort reform, and blaming their decrease in profits on trial lawyers...
Bankruptcy Filings Up Despite Law Meant to Make the Process Harder
Posted on April 19, 2009Unfortunately, many of our personal injury clients and Social Security disability claimants suffer serious financial difficulties because of the length of time between suffering their injuries or disabilities and receiving settlements or benefits. As a result, some of our clients are forced to file for bankruptcy...
Featured Link - Readability
Posted on April 18, 2009Do you read a lot of articles on the Internet? If so, you're going to love this nifty tool. Readability is a Web browser plug-in that you add to your links toolbar. When you find a long article you want to read, just click on the Readability icon and suddenly everyone on the page disappears except the article, and the article is nicely formatted for ease of reading...
Friday Fun
Posted on April 17, 2009I don't have enough artistic talent to even draw a circle, so I have great admiration for creative people who can paint or sculpt. The lady at SandFantasy.com does amazing things working only with sand spread across a glass table. Check out this video for a sample of her work:
Texas Senate Passes Asbestos Bill
Posted on April 17, 2009A publication of the Chamber of Commerce, the Southeast Texas Record reports, "A bill that critics fear will expose thousands of additional businesses to asbestos lawsuits has passed the Texas Senate." The legislation "relates to the standards of causation in mesothelioma claims" and is supported by "trial lawyers and labor unions, whose clients and members are usually lawsuit plaintiffs claiming asbestos exposure in the workplace...
Spending Bill Aims at Texas Nursing Home Fire Hazards
Posted on April 17, 2009As reported in the Dallas Morning News today, a spending provision approved by the Texas House this week might reduce fire hazards at Texas nursing homes. This is a long overdue step, as safety conditions at many Texas nursing homes are atrocious. Standards are lax, and inspections are sporadic...
Editorial: Safety vs. Car Weight Issue Seen As Largely Ignored
Posted on April 17, 2009In an op-ed in the Wall Street Journal, Sam Kazman, general counsel of the Competitive Enterprise Institute, writes, "The super-high efficiency minicar has become the Holy Grail for many environmentalists," but an Insurance Institute for Highway Safety (IIHS) study found that minis offer "significantly less protection for their passengers" during two car crashes...
Editorial: Lawmakers Should Correct Texas Supreme Court Workers' Compensation Decision
Posted on April 17, 2009The Austin American-Statesman ran an editorial today speaking out on a really bad decision by the pro-business Texas Supreme Court. The case is a little complicated, but boils down to allowing property owners to avoid liability for negligence if the owner declares itself to be a general contractor and buys workers' compensation insurance for the actual contractor...
Report Indicates Drugmakers Spent Over $2.9 Million on Vermont Physicians to Market Products
Posted on April 16, 2009The AP reports, "The nation's pharmaceutical makers spent more than $2.9 million on Vermont's doctors, hospitals and universities to market their products in the last fiscal year, according to a report issued Wednesday by the state attorney general's office...
FDA Suspends Clinical Trials Firm
Posted on April 15, 2009The New York Times reports that, "under pressure from the Food and Drug Administration," Coast Independent Review Board of Colorado Springs "got a dose of reality" when it "agreed to temporarily suspend approving federally regulated medical studies or enrolling new patients in ones currently under way...
Network News Covers Microcars' Poor Safety Rating
Posted on April 15, 2009Television coverage of the Insurance Institute for Highway Safety's poor rating given to microcars during crashes with large vehicles followed the print reporting yesterday. All three major networks ran segments on the story. NBC Nightly News (4/14, story 6, 2:05, Williams) reported, "Saving money, saving the environment, by driving one of the tiny new cars, the kind that have been all over Europe for years but are just now starting to catch on here...
Better Answers Needed in Debate Over Vaccines and Autism
Posted on April 15, 2009In her U.S. News & World Report column, Bernadine Healy, MD, wrote about the debate over vaccinating children, saying, "Less than a year ago, the National Institutes of Health put out a call for expanded research on vaccine safety that contains many of the very things that parents are asking for: examination of the way the immune system handles different vaccines, the impact of nonvaccine components (like mercury and aluminum), and better understanding of susceptibility to vaccine side effects...
Long Distance Care Givers Receive Help
Posted on April 14, 2009This guest article is from the National Care Planning Council: Living in a different city or state -- miles from aging parents -- can be very difficult. Keeping in touch by telephone and making long trips to help parents or aging relatives with their needs can be time consuming and not nearly as effective as being available full time in person...
GM Recalls Cars Over Possible Fires
Posted on April 14, 2009CNN reports, "The possibility of engine fires has prompted General Motors to recall nearly 1.5 million passenger sedans manufactured between 1997 and 2003" under GM's Chevrolet, Buick, Oldsmobile, and Pontiac brands. "The affected vehicles have naturally aspirated 3...
Recession Causing Lawyer Layoffs at Big Firms
Posted on April 14, 2009The AP reports, "The recession is taking a steep toll on the legal profession, an industry long seen as immune from the ups and downs of the economy. Trying to weather the financial crisis, the nation's largest law firms are laying off attorneys and delaying hiring...
Pacifiers Recalled As Choking Hazard
Posted on April 14, 2009The West Virginia State Journal reports, "Forty-thousand Zoo Pacifiers by Healthtex have been recalled because they failed to meet federal safety standards. The nipples can separate from the base easily and pose a choking hazard." From the American Association for Justice news release.
New Technologies May Improve Social Security Disability Process
Posted on April 13, 2009An article in the Lufkin Daily News by Daniel Bowline, the district manager for the Social Security Administration in Lufkin, Texas discusses what may be a significant improvement in the way the Social Security Administration will obtain medical records in the future...
New York Law Firm Offers Associates One-Third Pay to Take Year Off
Posted on April 13, 2009In an article on its front page, the New York Times reports, "Looking to cut costs like everyone else, but not prepared to lay off employees," law firm Skadden, Arps, Slate, Meagher & Flom "has chosen instead to offer all of its associates - about 1,300 worldwide - the option of accepting a third of their base pay to not show up for work for a year...
Novel Uses of Botox Raise Concerns
Posted on April 13, 2009The New York Times reported on the front page of its Sunday Business section that "some health advocates worry that doctors are widely adopting novel uses for Botox" even before "clinical trials and government approval have established safe doses for new indications - and without definitive proof that the new treatments work...
Obama Nominates MADD Top Official for Administrator of National Highway Safety Administration
Posted on April 09, 2009The AP reports, "President Barack Obama has chosen a top official with Mothers Against Drunk Driving to lead a Transportation agency that oversees safety and fuel efficiency requirements for automakers." Obama nominated Chuck Hurley "to become administrator of the National Highway Traffic Safety Administration...
Travel Tender Playpens Recalled Due to Rail Collapse Hazards
Posted on April 08, 2009The Chicago Tribune reports, "About 25,000 Travel Tender playpens, made in China and imported by Simplicity Inc. and SFCA Inc. of Reading, Pa., have been recalled because one or more rails can collapse unexpectedly, posing a possible hazard to children...
Pistachio Recall to Expand, FDA Says
Posted on April 08, 2009USA Today reports that the FDA "recall last week of 2 million pounds of pistachios because of concerns about salmonella contamination has been expanded, and federal officials say more recalls of foods containing pistachios are on the horizon." Already this week the recall was expanded "to cover Setton's entire 2008 crop, except for raw in-shell pistachios...
Removing Recalled Medtronic Leads Seen As Difficult By Most Experienced Surgeons
Posted on April 07, 2009The New York Times reports that Sprint Fidelis, which is a heart defibrillator cable, was pulled from the market by Medtronic after "five patients who had the cables died." However, "in the next few years, thousands of those patients may face risky surgical procedures to remove and replace the electrical cable, which connects a defibrillator to a chamber of the heart...
After Large Donations From Device Maker, Lawmakers Pressed FDA to Approve Knee-Device.
Posted on April 07, 2009The Wall Street Journal reports that according to campaign donation records, executives of ReGen Biologics Inc, a "small medical-device company, donated $50,000 in the 2008 election campaign to New Jersey Democrats who went to bat for the company's knee implant at the Food and Drug Administration...
FDA Warns 14 Drugmakers Over Misleading Ads
Posted on April 06, 2009The Wall Street Journal reported, "The Food and Drug Administration warned 14 major pharmaceutical companies about brief Internet ads that accompany searches on Google and other search engines, saying the ads were misleading because they didn't include risk information...
EEOC Seen as "Laughingstock" Following Ruling
Posted on April 04, 2009This scathing opinion piece in the New York Times really rips into the Equal Employment Opportunity Commission after a report by an arbitrator finding the agency to be in violations of the laws it is supposed to be enforcing. Here is the short editorial: It sounds like a grim sweatshop joke, but the federal agency that?s supposed to enforce justice in the American workplace has been found in willful violation of its own workers? rights...
Friday Fun
Posted on April 03, 2009Stunning collection of architectural and structural optical illusions.
Some Health Insurers Reject Patients for Taking Certain Medications; Buy Information Online
Posted on April 03, 2009McClatchy reports that information used by some insurers who deny coverage due to the use of certain drugs like Seroquel and pre-existing conditions may be found on the internet "if you know where to look." Also, "you can discover that if you lie to an insurer about your medical history and drug use, you will be rejected because data-mining companies sell information to insurers about your health, including detailed usage of prescription drugs...
Motorcycles, ATVs For Kids Probably Not Exempt From Lead Law
Posted on April 02, 2009An unintended consequence of the new Consumer Product Safety Improvement Act is apparently going to be allowed to stand. The law bans lead from products designed for children age 12 and under. It turns out that many ATVs and dirt bikes do have small amounts of lead in various components...
Some Physicians Opting Out of Medicare Due to Low Reimbursements and Paperwork
Posted on April 02, 2009The New York Times reports, "Some doctors -- often internists but also gastroenterologists, gynecologists, psychiatrists and other specialists -- are no longer accepting Medicare, either because they have opted out of the insurance system or they are not accepting new patients with Medicare coverage...
March of the Blogs - Law Firm Web Strategy Blog
Posted on March 31, 2009For the month of March, I am going to highlight blogs that I think are interesting and useful. Some may not be directly related to personal injury or Social Security disability law, but all of us who represent injured and disabled people occasionally need help in other areas...
Yamaha Recalls ATVs After 46 Deaths
Posted on March 31, 2009Yamaha has finally recalled its Rhino ATVs. These vehicles have been the subject of a number of products liability lawsuits, and have been shown to be very dangerous. It's sad that Yamaha waited until there were 46 deaths from incidents involving the Rhinos, but at least they will be off the market for a while...
Study Finds That Consumers Overlook Over-The-Counter Drug Warnings
Posted on March 31, 2009Bloomberg News reported, "Consumers overlook warnings about potential tampering on over-the-counter medications at least 80 percent of the time, suggesting packages and labels need to be redesigned to attract attention and improve safety, a study found...
FDA Announces Large Pistachio Recall Due to Salmonella Fears
Posted on March 31, 2009NBC Nightly News (3/30, story 9, 0:30, Williams) reported, "A California nut producer is recalling its entire yearly crop of pistachios, over a million pounds of them. And a California processing plant is under investigation for a possible salmonella outbreak...
UnitedHealth to Face Senate Tuesday
Posted on March 30, 2009The AP reports, "Sen. Jay Rockefeller, chairman of the Senate Commerce, Science and Transportation Committee, wants answers at a hearing Tuesday from the chief executives of UnitedHealth Group Inc. and its subsidiary Ingenix Inc., a claims database used by insurers nationwide to calculate out-of-network rates...
March of the Blogs - Texas Appellate Law Blog
Posted on March 30, 2009For the month of March, I am going to highlight blogs that I think are interesting and useful. Some may not be directly related to personal injury or Social Security disability law, but all of us who represent injured and disabled people occasionally need help in other areas...
Continuing Work in Congress to Reduce Social Security?s Backlog
Posted on March 30, 2009With the average waiting time to get a hearing before an administrative law judge taking well over a year, Congress is always considering ways to reduce Social Security?s disability backlog. Claimants are often required or at least encouraged by theirlong-term disability insurance companies to file for Social Security Disability benefits...
March of the Blogs -
Posted on March 29, 2009For the month of March, I am going to highlight blogs that I think are interesting and useful. Some may not be directly related to personal injury or Social Security disability law, but all of us who represent injured and disabled people occasionally need help in other areas...
March of the Blogs - Build A Solo Practice
Posted on March 28, 2009For the month of March, I am going to highlight blogs that I think are interesting and useful. Some may not be directly related to personal injury or Social Security disability law, but all of us who represent injured and disabled people occasionally need help in other areas...
Friday Fun
Posted on March 27, 2009Not so much fun as fascinating, this is a collection of photographs of every street corner in Manhattan.
March of the Blogs - Environmental Crimes
Posted on March 27, 2009For the month of March, I am going to highlight blogs that I think are interesting and useful. Some may not be directly related to personal injury or Social Security disability law, but all of us who represent injured and disabled people occasionally need help in other areas...
Houston Hospital Agrees to $10 Million Settlement of Medicare Fraud Allegations
Posted on March 27, 2009The AP reports that, according to a statement from the Justice Department Thursday, "One of Houston's most prestigious hospitals has agreed to pay nearly $10 million to settle allegations it defrauded the federal Medicare program." Under the agreement, the Methodist Hospital in Houston will pay $9...
Witnesses Tell Senate UnitedHealth May Have Defrauded One In Three Insured Americans
Posted on March 27, 2009CQ Healthbeat (3/27) reports, "UnitedHealth Group officials are in for an unpleasant experience at a Senate hearing next week - if a set-up session on Thursday was any indication." At a Senate Commerce, Science and Transportation Committee hearing today, witnesses "described how health insurers routinely defrauded millions of patients who sought out-of-network care by paying less than the insurers owed for medical bills...
March of the Blogs - California Personal Injury Blog
Posted on March 26, 2009For the month of March, I am going to highlight blogs that I think are interesting and useful. Some may not be directly related to personal injury or Social Security disability law, but all of us who represent injured and disabled people occasionally need help in other areas...
Report Calls for Separate Food Safety Administration
Posted on March 26, 2009The Los Angeles Times reports that a paper issued Wednesday by Trust for America's Health in conjunction with the Robert Wood Johnson Foundation has "called on the Obama administration to put someone in charge of safeguarding the food supply and to create a Food Safety Administration...
Investigation Finds That Surgeon Fell Asleep While Operating
Posted on March 25, 2009Very high on the list of things I do NOT want to happen during surgery is having my surgeon fall asleep. That's apparently what happened last summer in Massachusetts, according to an article in the Boston Globe. Here are excerpts: When Dr. Loren J. Borud began his first case at about 8 a...
Family Fights For Right To Sue Military Over Medical Malpractice
Posted on March 25, 2009The CBS Evening News (3/24, story 5, 3:40, Couric) reported, "About a year ago, we brought you the tragic story of Marine Sergeant Carmelo Rodriguez. Military doctors noticed he had melanoma, a deadly form of skin cancer, but they left it untreated and Rodriguez died...
Judge Rules That Congressman Is Immune From Lawyer's Questions
Posted on March 25, 2009The AP reports, "A judge has ruled Sen. Saxby Chambliss doesn't have to answer questions from a lawyer suing Imperial Sugar on behalf of victims of the explosion at the company's Georgia refinery last year." The lawyer, Mark Tate, who is representing "families of six employees killed in the blast and five injured workers, subpoenaed Chambliss in hopes of asking him if the company sought his help to discredit a whistleblower and discourage workers from suing...
March of the Blogs - The Mac Lawyer
Posted on March 25, 2009For the month of March, I am going to highlight blogs that I think are interesting and useful. Some may not be directly related to personal injury or Social Security disability law, but all of us who represent injured and disabled people occasionally need help in other areas...
Fisher-Price High Chairs Recalled After Child Injured
Posted on March 25, 2009Fisher-Price has voluntarily recalled 24,000 convertible high chairs after a report of a child falling out and fracturing his skull when a seat back detached. Consumers should stop using the chairs immediately. The Fisher-Price high chair, called the 3-in-1, converts from a high chair to a toddler booster...
Waiting for My Day in Court . . . or Waiting for Godot?
Posted on March 24, 2009Every year Social Security gets just a little further behind in giving the disabled their ?day in court.? It is very hard, as a lawyer and officer of the court, to explain to clients why the wait is so long. The short answer is a lack of resources. Social Security has many claims to process and a limited number of staff to process those claims...
March of the Blogs - Nerino Petro's CompuJurist.com
Posted on March 24, 2009For the month of March, I am going to highlight blogs that I think are interesting and useful. Some may not be directly related to personal injury or Social Security disability law, but all of us who represent injured and disabled people occasionally need help in other areas...
Merck Says It Is "Target" of Federal Investigation Involving Vioxx
Posted on March 24, 2009The AP reports, "Merck & Co. said Monday it received a letter from federal prosecutors notifying the company it is 'a target' of a grand jury investigation involving the painkiller Vioxx [rofecoxib], which Merck pulled from the market in 2004." The company said the investigation, which it "has previously disclosed," has "been ongoing since 2004...
Federal Preemption Seen as Putting Consumers at Risk
Posted on March 23, 2009In an op-ed in the Des Moines Register Joel Olah, executive director of aging resources of central Iowa, wrote, "Earlier this year, the U.S. Supreme Court decided in favor of medical-device manufacturers and against consumers in a case that has ramifications on the individual rights of thousands of Iowans...
March of the Blogs - Legal Research & Writing Pro
Posted on March 23, 2009For the month of March, I am going to highlight blogs that I think are interesting and useful. Some may not be directly related to personal injury or Social Security disability law, but all of us who represent injured and disabled people occasionally need help in other areas...
Stimulus Bill Gives COBRA a Boost
Posted on March 23, 2009As reported in the Dallas Morning News, a little-noticed provision of the stimulus bill signed last month by President Barack Obama may give the growing ranks of unemployed workers some relief with their medical bills. COBRA is the federal law that gives laid-off employees the right to continue their health insurance for 18 months, but at their own expense...
Many Public Pools Struggle to Comply With New Drain Law
Posted on March 23, 2009The AP reported, "Nearly three months after a federal deadline to make public swimming pools safer, many have yet to be fitted with equipment aimed at keeping children safe from the powerful and sometimes deadly suction of drains." Now, "industry groups say public pools were given too little time to comply, and manufacturers of drain covers and pumps weren't able to keep up with heavy demand from the new law...
March of the Blogs - Home Contractor vs. Homeowner
Posted on March 22, 2009For the month of March, I am going to highlight blogs that I think are interesting and useful. Some may not be directly related to personal injury or Social Security disability law, but all of us who represent injured and disabled people occasionally need help in other areas...
March of the Blogs - Sui Generis
Posted on March 21, 2009For the month of March, I am going to highlight blogs that I think are interesting and useful. Some may not be directly related to personal injury or Social Security disability law, but all of us who represent injured and disabled people occasionally need help in other areas...
Friday Fun
Posted on March 20, 2009What's your least favorite sound ?fingernails on a chalk board? Coughing? Creaky door hinges? Vote for the worst sound in the world at Sound101, and compare your votes with those of other people.
March of the Blogs - Staring at Strangers
Posted on March 20, 2009For the month of March, I am going to highlight blogs that I think are interesting and useful. Some may not be directly related to personal injury or Social Security disability law, but all of us who represent injured and disabled people occasionally need help in other areas...
Food Company CEOs Blame Third-Party Audits for PCA Salmonella Outbreak
Posted on March 20, 2009The AP reports on "new documents and pictures" released Thursday by the House Energy and Commerce Committee's investigations subcommittee detailing unsanitary conditions at facilities owned by Peanut Corp. of America, the company "at the center of a nationwide [salmonella] outbreak that has sickened nearly 700 people and is being blamed for at least nine deaths...
CPSC Bans Sale of Youth Motorcycles, ATVs
Posted on March 19, 2009The AP reports that because of the recent lead law passed by Congress, children "will not be able to get dad to buy a miniature version of his motorbike so they can train and maybe compete in the many mini-motorcycle events held in communities around the country...
Industry Group Calls for Ban on Drop-Side Cribs
Posted on March 19, 2009The Wall Street Journal reports that in the wake of a rash of deaths and injuries of infants in drop-side cribs and the resultant recalls, a coalition of manufacturers is calling for a ban on this type of crib. "Malfunctioning drop-side cribs have been blamed in incidents in which babies were trapped or strangled when the cribs gave way...
March of the Blogs - I Heart Tech
Posted on March 19, 2009For the month of March, I am going to highlight blogs that I think are interesting and useful. Some may not be directly related to personal injury or Social Security disability law, but all of us who represent injured and disabled people occasionally need help in other areas...
Pre-emption Opponents Push Bill Regarding Medical Devices
Posted on March 18, 2009Business Insurance reported, "Backers of a bill that would end federal pre-emption of state tort law regarding medical devices say they think the political winds have turned in their favor" and "they hope to overturn last year's U.S. Supreme Court decision in Donna S...
March of the Blogs - Reid My Blog!
Posted on March 18, 2009For the month of March, I am going to highlight blogs that I think are interesting and useful. Some may not be directly related to personal injury or Social Security disability law, but all of us who represent injured and disabled people occasionally need help in other areas...
Few Librarians Complying With CPSC Lead Recommendations
Posted on March 18, 2009The AP reports that the Consumer Product Safety Commission is "urging the nation's libraries to take children's books printed before 1986 off their shelves while the federal agency investigates whether the ink contains unsafe levels of lead. Few, if any, libraries are complying, and many librarians are ridiculing the recommendation as alarmist...
Manufacturers Sign Proposal to Ban Drop-Side Cribs
Posted on March 18, 2009The Chicago Tribune reports, "Major manufacturers on Tuesday signed off on a proposal that would ban drop-side cribs in the United States in the wake of repeated recalls, entrapments and deaths, the Tribune has learned." Drop-side "cribs allow parents to raise and lower one side for easy access...
Jurors Gaining Greater Access to Information Using Cell Phones
Posted on March 18, 2009In a front-page story, the New York Times reports, "The use of BlackBerrys and iPhones by jurors gathering and sending out information about cases is wreaking havoc on trials around the country, upending deliberations and infuriating judges." Under "the legal system's complex rules of evidence," jurors "are required to reach a verdict based on only the facts the judge has decided are admissible...
Seroquel Study Exposed, Drug Risks Kept Secret
Posted on March 18, 2009In an story that appears on its front page, the Washington Post reports, "The study would come to be called 'cursed,' but it started out just as Study 15" which "was a long-term trial of the antipsychotic drug Seroquel." Recently exposed "documents show" that "Study 15 suffered the same fate as many industry-sponsored trials that yield data drugmakers don't like: It got buried" and "it took eight years before a taxpayer-funded study rediscovered what Study 15 had found -- and raised serious concerns about an entire new class of expensive drugs...
Texas Workers' Compensation Issue Left Unresolved
Posted on March 17, 2009Statesman.com has an article about the efforts of the Texas Legislature to undo damage done by the Texas Supreme Court in a recent, flawed decision regarding lawsuit protection for work-site owners. The Court twisted logic to take laws intended to protect general contractors and used them to protect property owners from negligence suits...
Pre-emption Opponents Push Bill Regarding Medical Devices
Posted on March 17, 2009Business Insurance reported, "Backers of a bill that would end federal pre-emption of state tort law regarding medical devices say they think the political winds have turned in their favor" and "they hope to overturn last year's U.S. Supreme Court decision in Donna S...
Federal Judge Says Process for Picking Judges is Totally Broken
Posted on March 17, 2009The AP reports that U.S. District Judge Royce C. Lamberth "the chief judge of the U.S. District Court in Washington on Monday said senators are 'injuring the federal judiciary' by holding up nominations and making a political issue out of the clients represented by lawyers up for federal positions...
March of the Blogs - Real Lawyers Have Blogs
Posted on March 17, 2009For the month of March, I am going to highlight blogs that I think are interesting and useful. Some may not be directly related to personal injury or Social Security disability law, but all of us who represent injured and disabled people occasionally need help in other areas...
Little-Known Government Program Pays the Cost of Elder Care
Posted on March 17, 2009WHAT IF 33% OF ALL SENIORS IN THIS COUNTRY could receive up to $1,949 a month in additional income from the government to help cover their elder care costs? THEY CAN! Under the right circumstances, a little-known federal program will pay additional income to cover long term care costs for at least 1/3 of all US senior households -- that's how many war veterans or their surviving spouses there are in this country...
Equal Employment Opportunity Commission Sees Rise in Workplace Discrimination Cases
Posted on March 17, 2009The Washington Times reports, "The U.S. Equal Employment Opportunity Commission this week said workplace discrimination charge filings in 2008 had spiked by 15 percent over the previous year with an 'unprecedented' 13,000 more cases reported." The acting chairman, Stuart Ishimaru said, "The EEOC has not seen an increase of this magnitude in charges filed for many years" and "while we do not know if it signifies a trend, it is clear that employment discrimination remains a persistent problem...
Featured Link - Texas Local Court Rules
Posted on March 16, 2009Texas Local Rules is a great site that links out to local court rules of many Texas counties. For lawyers who practice trial work in multiple counties, this is an excellent resource. This is the description from the site: In addition to the Texas Rules of Civil Procedure, civil and criminal Texas courts (county, state, federal, appellate) have local rules to which evidence, litigants and witnesses must adhere...
March of the Blogs - iPhone J.D.
Posted on March 16, 2009For the month of March, I am going to highlight blogs that I think are interesting and useful. Some may not be directly related to personal injury or Social Security disability law, but all of us who represent injured and disabled people occasionally need help in other areas...
Medtronic Says Number of Deaths Possibly Due to Faulty Leads Now 13
Posted on March 16, 2009The Wall Street Journal (3/14, B5, Burton) reported that "Medtronic Inc. said the number of deaths in which its fractured defibrillator wires may have been a 'possible or likely contributing factor' has risen to 13." The new number "is the company's first update of its death estimate since the Sprint Fidelis, then the No...
277,000 GM Vehicles Recalled Due to Shift Lever Defect
Posted on March 15, 2009The Associated Press reports that General Motors has recalled about 277,000 vehicles because of a potential defect in the shift lever that could cause a vehicle to roll away. GM said the recall involves 2009 model year versions of the Buick Enclave; Chevrolet Cobalt, HHR, Malibu and Traverse; GMC Acadia; Pontiac G5 and G6; and the Saturn Aura and Outlook...
March of the Blogs - the [non]billable hour
Posted on March 15, 2009For the month of March, I am going to highlight blogs that I think are interesting and useful. Some may not be directly related to personal injury or Social Security disability law, but all of us who represent injured and disabled people occasionally need help in other areas...
March of the Blogs - Dennis Kennedy
Posted on March 14, 2009For the month of March, I am going to highlight blogs that I think are interesting and useful. Some may not be directly related to personal injury or Social Security disability law, but all of us who represent injured and disabled people occasionally need help in other areas...
Texas: Why Not Elect Judges on Merit, Not Whim?
Posted on March 13, 2009The Chief Justice of the Supreme Court of Texas has an interesting and well-written op-ed piece in today's Dallas Morning News. The gist of the article is that Texas should move from partisan judicial elections to gubernatorial appointments, with retention elections every few years...
Consumer-Friendly Language in National Highway Traffic Safety Regulation
Posted on March 13, 2009Lawyers USA reported that the American Association for Justice "praised language in a new regulation published by the National Highway Traffic Safety Administration that departs from the stance on federal preemption of state law asserted under the Bush administration...
Fifth Circuit Appeals Court Overturns Homeowner Insurance Ruling Against State Farm
Posted on March 13, 2009The New Orleans Times-Picayune (3/13, Mowbray) reports, "A Port Sulfur couple whose home vanished in Hurricane Katrina won't be able to collect penalties, bad faith and attorneys fees from State Farm Fire & Casualty Co. after the 5th Circuit Court of Appeal overturned the finding that the state's largest insurer acted in bad faith in handling their claim...
Massachusetts Bans Drug Company Gifts to Physicians
Posted on March 13, 2009In the Wall Street Journal (3/12) Health Blog, Jacob Goldstein wrote, "Massachusetts has adopted a strict set of rules that bans most gifts" from drug companies to physicians "and requires companies to report some payments." Under the rules, companies are required to report "payments of more than $50 for certain consulting and speaking gigs...
Legal Malpractice Suits May Rise in Economic Downturn
Posted on March 13, 2009The Texas Lawyer reports, "Economic downturns often increase the risk that lawyers will face unhappy clients complaining of legal malpractice. While some lawyers may think they have nothing to fear since their practices do not involve areas of law many blame for the economic collapse, such a belief is unfounded" because "some legal malpractice risks are not tied to any one specialized practice area but simply become more common when the economy goes bad...
March of the Blogs - New York Bankruptcy Litigation
Posted on March 13, 2009For the month of March, I am going to highlight blogs that I think are interesting and useful. Some may not be directly related to personal injury or Social Security disability law, but all of us who represent injured and disabled people occasionally need help in other areas...
March of the Blogs - Social Security News
Posted on March 12, 2009For the month of March, I am going to highlight blogs that I think are interesting and useful. Some may not be directly related to personal injury or Social Security disability law, but all of us who represent injured and disabled people occasionally need help in other areas...
American Airlines Sued Over Lifetime Pass
Posted on March 12, 2009The AP reported that Steve Rothsetin, "a man who paid about $400,000 to fly first-class anywhere in the world with a companion for the rest of his life is suing American Airlines for revoking that right." He "paid nearly $250,000 in 1987 for the lifetime pass, and an additional $150,000 two years later to take a companion along with him during his flights...
Reform of FDA Food Safety Oversight Attracts Broad Bipartisan Support
Posted on March 12, 2009The New York Times (3/12, A20, Harris) reports, "A parade of Democratic and Republican lawmakers promised at a House hearing on Wednesday that they would work to pass a broad array of changes in the nation's food safety system, although they disagreed on crucial details...
Judge Allows Twitter in Court
Posted on March 12, 2009The AP (3/11, Hegeman) reported, "In a victory for news technology in federal courts, a judge is allowing a reporter to use the microblogging service Twitter to provide constant updates from a racketeering gang trial this week." The practice of allowing "online streaming" in courtrooms is not unheard of it is "rare in the federal system, especially in criminal cases...
Baby Toys Recalled Due to Choking Hazard
Posted on March 12, 2009The South Florida Sun-Sentinel (3/12, Lade) reports, "About 184,000 baby toys sold at major retailers -- including Target, Wal-Mart and Babies 'R' Us -- are being voluntarily recalled because they pose a choking hazard to children, the Consumer Product Safety Commission said...
Wyeth Decision Seen as "Body Blow" to Bush Administration Efforts of Pre-emption
Posted on March 11, 2009The Legal Times (3/9, Mauro) reported, "Last week's decisive Supreme Court ruling against Wyeth in a landmark pharmaceutical product liability case may also close off a major front in a hard-fought battle by businesses and the Bush administration to insulate national corporations from state tort litigation...
March of the Blogs - Jim Calloway?s Law Practice Tips Blog
Posted on March 11, 2009For the month of March, I am going to highlight blogs that I think are interesting and useful. Some may not be directly related to personal injury or Social Security disability law, but all of us who represent injured and disabled people occasionally need help in other areas...
New Law School Admissions Test Proposed
Posted on March 11, 2009The New York Times reports, "In trying to answer" the question of what makes a good lawyer, "professors at the University of California, Berkeley, have come up with a test that they say is better at predicting success in the field than the widely used Law School Admission Test...
Report Suggests Need to Reform Civil Lawsuit System
Posted on March 11, 2009The AP (3/11) reports, "Trial lawyers and a judicial think tank are suggesting major changes in the way courts hear civil suits, saying current rules allow attorneys to drag out disputes by demanding irrelevant and hard-to-find data." According to a report by "an American College of Trial Lawyers task force and the Denver-based Institute for the Advancement of the American Legal System" the "current rules for 'discovery' -- the sharing of information ahead of a trial -- in civil suits are antiquated and too broad" and "they suggest that federal and state courts restrict discovery to the specifics of a...
FDA Seeks Faster Salmonella Test
Posted on March 11, 2009The AP (3/11, Alonso-Zaldivar) reports, "Frustrated that conventional lab methods can now take as long as nine days to identify the most common of food bugs, the FDA is searching for a rapid test for salmonella." The recent outbreaks have "put the agency on the spot" and the delays in identifying the source of the outbreak made "consumers nervous about eating everyday foods...
Maytag Recalls Refrigerators Due to Fire Hazard
Posted on March 11, 2009The AP (3/11) reports, "Maytag Corp. said Tuesday that it has voluntarily recalled about 1.6 million refrigerators due to an electrical problem that could create a fire hazard." Maytag "and the U.S. Consumer Product Safety Commission said the recall -- the nation's largest involving refrigerators, according to federal authorities, involves some Jenn-Air, Amana, Admiral, Magic Chef, Maytag, Performa by Maytag and Crosley side-by-side and top freezer refrigerators...
Justice Stevens to Remain on Court Despite Retirement Predictions
Posted on March 10, 2009The Legal Times (3/10, Mauro) reports, "Six weeks shy of his 89th birthday, Supreme Court Justice John Paul Stevens is not, repeat not, winding down. After the last two weeks, gearing up might be the better term." His "staying power may give the lie to long-running predictions that he will retire soon...
Judge in Medtronic Suit Refuses to Recuse Himself
Posted on March 10, 2009The AP (3/10, Perrone) reports that Judge Richard Kyle "who dismissed thousands of lawsuits against Medtronic said Monday he will not remove himself from the case, despite criticism for not revealing that his son works for a law firm tied to the company...
March of the Blogs - Legal Blog Watch
Posted on March 10, 2009For the month of March, I am going to highlight blogs that I think are interesting and useful. Some may not be directly related to personal injury or Social Security disability law, but all of us who represent injured and disabled people occasionally need help in other areas...
GOP in Oklahoma Pushes for Lawsuit Reform
Posted on March 09, 2009The AP (3/8, Talley) reported, "Republican lawmakers eager for new civil justice guidelines that would change the way Oklahomans file and litigate lawsuits are putting the squeeze on their opponents with a flurry of legislation that offers a variety of options to get some form of lawsuit reform through the Legislature and on Gov...
Wyeth Decision Seen as Victory for Consumers
Posted on March 09, 2009In an op-ed Houston Chronicle (3/7) Thomas McGarity, a professor of law at The University of Texas at Austin, wrote, "The Supreme Court last week ended an acrimonious battle between large pharmaceutical companies and patients injured by inadequately labeled prescription drugs...
More on Oklahoma Tort Reform Proposal
Posted on March 09, 2009The Oklahoma Legislature has before it a "tort reform" bill that is seriously anti-consumer. The Journal Record has a good summary of portions of the bill. Here is one small section from the article:Section 15 allows a party to obtain a stay of the enforcement of a judgment if a post-trial motion is pending or if an appeal may be brought in any court in or outside the state...
March of the Blogs - Chuck Newton Rides the Third Wave
Posted on March 09, 2009For the month of March, I am going to highlight blogs that I think are interesting and useful. Some may not be directly related to personal injury or Social Security disability law, but all of us who represent injured and disabled people occasionally need help in other areas...
Fingers Pointed Over Lead Law Confusion
Posted on March 08, 2009The Hill (3/6, Snyder) reports, "New lead standards Congress adopted last year in response to fears about toy safety are entangling a range of products, including library books and youth all-terrain vehicles, that critics say the law was never intended to cover...
March of the Blogs - Ernie the Attorney
Posted on March 08, 2009For the month of March, I am going to highlight blogs that I think are interesting and useful. Some may not be directly related to personal injury or Social Security disability law, but all of us who represent injured and disabled people occasionally need help in other areas...
March of the Blogs - Chuck Newton Rides the Third Wave
Posted on March 08, 2009For the month of March, I am going to highlight blogs that I think are interesting and useful. Some may not be directly related to personal injury or Social Security disability law, but all of us who represent injured and disabled people occasionally need help in other areas...
Supplemental Security Income (SSI) Simplified?
Posted on March 08, 2009Fellow disability attorney and blogger Charles Hall recently posted about likely upcoming changes to the Supplemental Security Income (SSI) program administered by Social Security. I thought readers of our blog might also be interested, and have summarized his comments here...
Disabled People Hurt By the Social Security Backlog Need to Share Their Woes
Posted on March 08, 2009The National Organization of Social Security Claimant?s Representatives (NOSSCR) is encouraging disabled people who have been impacted by the terrible Social Security disability hearings backlog to speak out. The Social Security Disability attorneys at our law firm are sustaining members of NOSSCR...
March of the Blogs - Colorado Social Security Law
Posted on March 07, 2009For the month of March, I am going to highlight blogs that I think are interesting and useful. Some may not be directly related to personal injury or Social Security disability law, but all of us who represent injured and disabled people occasionally need help in other areas...
Court Decision May Impact Eli Lily, Drugmakers
Posted on March 07, 2009The Indianapolis Star (3/5) reported, In a case closely watched by drugmakers, the U.S. Supreme Court ruled that federal approval of a drug is no protection from lawsuits in state courts over safety issues that arise later -- a decision that could have implications for Eli Lilly and Co...
Despite Cancer, Ginsburg Predicts She'll Stay on High Court for Years
Posted on March 06, 2009USA Today reports, "One month after her surgery for pancreatic cancer, Justice Ruth Bader Ginsburg said Thursday she expects to be on the Supreme Court for several more years. In an interview, she also vividly recalled why, on her second day back on the bench, she attended President Obama's televised speech to a joint session of Congress...
Democrats Introduce Legislation to Reverse Supreme Court Ruling on Medical Device Lawsuits
Posted on March 06, 2009The AP reports that one "day after the Supreme Court decided that federal rules do not protect drugmakers from state lawsuits," Democratic lawmakers "reintroduced a bill that would allow similar lawsuits against companies that make heart devices, catheters, hip replacements and other devices...
Children's Recreational Dirt Bikes' Removal from Dealers Seen as Unanticipated Consequence of Lead Law
Posted on March 03, 2009Bush Administration Last-Minute Regulation to Hurt Nursing Home Residents
Posted on February 27, 2009Bush Administration Last-Minute Regulation to Hurt Nursing Home Residents
Posted on February 26, 2009I mentioned this in an earlier post. It seems like a minor matter, but could deal a severe blow to anyone pursuing a case for nursing home abuse or neglect.In a blog on the Mother Jones website David Corn writes, "That Bush-Cheney legacy is going to be a mean one for years...
FDA Says Salmonella Outbreak Could Last Two Years
Posted on February 26, 2009The Atlanta Journal-Constitution (2/26, Schneider) reports, "The national salmonella outbreak linked to more than 2,600 peanut products could last as long as two years, as contaminated foods sit like ticking time bombs on store shelves and kitchen cabinets, federal health officials said Wednesday...
Dead Peasant Insurance Policies Draw Litigation
Posted on February 25, 2009In a blog on the Wall Street Journal website (2/24) Ashby Jones wrote that "dead peasant" insurance policies are "spawning a good deal of litigation." Jones said, "The point of 'dead peasant' policies seems to be this: Companies contribute money to the policies, which then can be used to pay for a variety of company expenses...
Medtronic to Join Other Companies in Disclosing Payments to Doctors
Posted on February 25, 2009The Wall Street Journal (2/25, B2, Burton) reports that "medical-device maker Medtronic Inc. said it will begin to make public disclosure of all payments over $5,000 it makes to doctors." The company "said it will report the information annually and that the first such disclosure will take place in March 2011 for payments beginning next January...
Smith & Wesson Recalls Guns That Could Misfire
Posted on February 25, 2009A recall of Walther PPK pistols by the manufacturer Smith & Wesson has been reported by the Dallas Morning News. There is an apparent danger that the guns might fire without the trigger being pulled. This might not be a big deal elsewhere, but in Texas, where about half the population seems to be packing heat, this could be a serious problem...
New Rule Impedes Cases Against Nursing Homes
Posted on February 24, 2009In the Washington Post (2/24, D2) Regulators column, Cindy Skrzycki writes, "The Bush administration shut off a source of information last fall about abuse and neglect in long-term care facilities that people suing nursing homes consider crucial to their cases...
Study Suggests Sprint Fidelis Leads May Be Failing at Higher Rate Than Previously Known
Posted on February 24, 2009The Wall Street Journal (2/24, Burton) reports that Medtronic Inc.'s Sprint Fidelis defibrillator leads, "pulled from the market in 2007, represent an 'increasing hazard' for more than 200,000 heart patients world-wide," according to "Minneapolis Heart Institute cardiologist Robert G...
Texas Doctors Say Health Insurance Company Paperwork Hurts Medical Care
Posted on February 23, 2009A recent article in the Dallas Morning News said that a survey of doctors found that health insurers and government bureaucracy are hurting their ability to care for patients. Here are excerpts: The survey of 850 Texas doctors underscores core problems with the health care system: Doctors are struggling to get paid and insurers are wrestling to keep costs under control...
FDA Warns Of Deaths Due To Raptiva
Posted on February 23, 2009The CBS Evening News (2/20, story 8, 0:25, Couric) reported, "Tonight, the FDA reports three patients taking the psoriasis drug Raptiva have died of a rare brain infection. The FDA added its most serious warning to Raptiva four months ago, and regulators in Europe now say the drug's benefits no longer outweigh the risk...
Bunning Suggests Ginsberg Will Likely Succumb To Cancer Within Nine Months
Posted on February 23, 2009Ouch, this is a cold-hearted thing to say:The Louisville Courier-Journal (2/22, Gerth) reported that Kentucky Sen. Jim Bunning (R) "predicted over the weekend that U.S. Supreme Court Justice Ruth Bader Ginsburg would likely be dead from pancreatic cancer within nine months...
Poll Finds People Doubt Impartiality Of Elected Judges Towards Their Donors
Posted on February 23, 2009In the category of breaking news such as "the earth is still round" comes this poll revealing that people think campaign contributions affect the impartiality of judges:The Charleston (WV) Gazette (2/23, Nyden) reports that a Harris Interactive poll funded by Justice at Stake Campaign, a nonprofit coalition that includes the American Association for Justice, between February 12 and 15 of 1,006 adults, 18 years or older found that "an overwhelming majority of people...
ERISA: License to Cheat, Lie, and Steal for the Disability Insurance Industry
Posted on February 21, 2009The headline says it all in this Utah Bar Journal article.
FDA Advises Raptiva May Be Associated With Deadly Infection
Posted on February 20, 2009The AP (2/20, Perrone) reports that, according to the Food and Drug Administration, "three patients taking a Genentech drug," Raptiva, "are believed to have died of a rare brain infection," progressive multifocal leukoencephalopathy (PML), "a known risk with the skin-clearing treatment...
Congressmen Seek To Overturn Court Decision On Medical Device Lawsuits
Posted on February 20, 2009In an article on the front of its Business Day section, the New York Times (2/20, B1, Meier) reports that Reps. Henry A. Waxman (D-CA) and Frank Pallone Jr. (D-NJ) "plan to reintroduce soon legislation that would effectively nullify the Supreme Court decision" that "stands as a barrier against suing medical device companies" if the Food and Drug Administration has approved their sale...
Friday Fun
Posted on February 20, 2009Great photos - Top 10 Moments Caught on Google Maps Street View.
After 16 Years and Much Litigation, DOJ Puts Auto Fraud Database Online
Posted on February 20, 2009Law.com reports that after 16 years and litigation by three consumer safety groups, the U.S. Department of Justice has made an online database available to states and consumers to discover automobile fraud and to provide new tools for law enforcement to investigate fraud, theft and other crimes involving vehicles...
Stimulus Package To Give $250 to All Social Security Disability Recipients
Posted on February 19, 2009The Social Security Administration has announced that the one-time $250 stimulus payment to SSD and SSI recipients will be paid by late May of this year. Here is the official announcement: President Obama recently signed the American Recovery and Reinvestment Act of 2009...
Oklahoma Republicans Trying to Shaft Consumers
Posted on February 19, 2009There is only one reason for politicians to try to restrict fees plaintiff lawyers can charge, and that is to make it harder for consumers to sue businesses and insurance companies. When these frivolous bills are proposed there is never a matching provision to limit how much a corporation or insurance company can pay their lawyers...
Peanut Corporation of America's Virginia Plant Closes
Posted on February 19, 2009The AP (2/18, Lindsey) reports, "The peanut processor at the heart of the national salmonella outbreak has shut down the last of its plants, which was the only one that hasn't been linked to possible contamination, an attorney for the company said on Tuesday...
Homeowners Pay Higher Insurance Premiums, Yet Many Policies Limited
Posted on February 18, 2009The Dallas Morning News has run an excellent series about Texas, a State of Neglect. This series has chronicled the state's failure to regulate various businesses, and the potential relationship between Lack of regulation and big political contributions from those businesses...
Sharfstein and Hamburg Reportedly Top Options to Lead FDA
Posted on February 18, 2009Al Kamen in his "In the Loop" column in the Washington Post (2/18, A11) reports that while the Obama administration has been "a tad slow on nominations this month," it "is moving with some dispatch to" nominate a new FDA Commissioner and it "has winnowed a fairly large field down to two finalists...
Report Says FDA Is Not Enforcing Medical Device Safety Standards
Posted on February 18, 2009Dow Jones Newswires (2/18, Favole) reports, "The Food and Drug Administration isn't enforcing quality and safety testing standards for medical devices, potentially putting patients at risk, according to a report to be released Wednesday by a nonpartisan watchdog group...
Peanut Corporation of America Files for Bankruptcy
Posted on February 17, 2009The Washington Post (2/14, A4, Miroff, Layton) reported, "Peanut Corporation of America, the company at the center of the nationwide salmonella scare, has filed for Chapter 7 bankruptcy protection and will begin liquidating its assets as legal claims pile up against it...
The Economists Who Missed the Housing Bubble Are Coming After Your Social Security
Posted on February 17, 2009In a recent article by Dean Baker in Talking Points Memo, he considers the consequences of a rumored task force to be comprised of economists unable to see the $ 8 trillion housing bubble that gave rise to the biggest economic downturn since the Great Depression...
Please Attend TECHSHOW - April in Chicago
Posted on February 17, 2009I've been attending TECHSHOW, presented by the American Bar Association almost since the beginning, many years ago. It's always a highlight of my year. The enormous amount of technical information presented is only one reason to attend. Equally important to me is the opportunity to meet in person with many of the friends I correspond with online...
Wisconsin Supreme Court Tosses Suit Against Medtronic
Posted on February 17, 2009In another anti-consumer action, the drug and medical device makers have won the latest battle in the preemption war. The Wisconsin Supreme Court has thrown out a lawsuit against Medtronic, a manufacturer of defibrillators. The Wisconsin court followed a ruling by the U...
Kids' Sweatshirts Recalled After Child is Strangled by Drawstring
Posted on February 14, 2009The AP (2/13) reports that Hill Sportswear Inc, "a clothing manufacturer has agreed to a voluntary recall of 300,000 hooded sweat shirts after a 3-year-old boy was strangled by a drawstring, a federal agency announced Thursday." Now, the company is recalling "its 'kid pullover hood sweat shirt' and 'kid zipper sweat shirt with hood,' the U...
FDA Says Peanut Butter May Be Classified as High-Risk Food
Posted on February 13, 2009The AP (2/12) reported that Dr. Stephen Sundlof, the head of the FDA's food safety center, said that following the "deadly salmonella outbreak," the government may single out peanut butter for "special attention." While currently inspectors collect samples of peanut butter for bacterial testing only if officials suspect a problem, they would start doing so "whenever they go into a facility...
Federal Judge Who Threw Out Medtronic Case Failed to Disclose Son's Link to Device Maker
Posted on February 13, 2009The Wall Street Journal (2/13, Burton) reports, "A federal judge who early last month threw out massive litigation against Medtronic Inc. didn't disclose that his son's law firm has long had the medical-devicemaker as a client." Judge Richard H. Kyle of the federal district court in Minneapolis stated that "he didn't realize the firm, Frederickson & Byron, had represented" Medtronic "on multibillion-dollar deals...
Friday Fun
Posted on February 13, 2009Ladies, don't get mad at me about this video of women drivers ?my wife sent it to me.
Attorney Dickie Scruggs Exploited "Two Vulnerabilities" to Bribe Judge
Posted on February 12, 2009The Biloxi Sun Herald (2/11, Lee) reports, "To bribe Circuit Court Judge Bobby DeLaughter, Dickie Scruggs exploited two vulnerabilities, according to court records: DeLaughter's close friendship to former Hinds County District Attorney Ed Peters and 'his known ambition to become a federal judge...
Doctors Groups Sue Aetna and Cigna, Alleging Rigged Database Underpaid Physicians
Posted on February 12, 2009The Dallas Morning News reports that the American Medical Association has joined doctors associations from Texas and other states in suing health insurers Aetna Inc. and Cigna Corp. over a database they say was rigged to underpay physicians for more than a decade...
Some Large Pickup Trucks Earn Low Marks on Crash Safety
Posted on February 11, 2009The AP (2/11, Thomas) reports, "Three large pickup trucks, which serve as workhorses for construction crews, farmers and small business owners, are not providing good protection in side crashes, according to tests conducted by the insurance industry." The trucks that received "low marks" from the Insurance Institute for Highway Safety were: "the 2009 versions of the Chevrolet Silverado 1500, Dodge Ram 1500 and Nissan Titan...
Judge Decertifies Class in Case of Pfizer's Neurontin Off-Label Drug Use
Posted on February 11, 2009The Legal Intelligencer (2/11, Elliot-Engel) reports, "A month before a pharmaceutical class action was set for trial, a Philadelphia judge decertified the class of users of an epilepsy and neuralgia drug seeking reimbursement from the drug's maker after being prescribed the drug for uses not approved by federal regulators" granting "a pharmaceutical company defendant's motion for class decertification in Clark v...
Peanut Corporation Suspends Operations at Texas Factory After Traces of Salmonella Found
Posted on February 11, 2009The AP (2/11) reports that Peanut Corporation of America, "the company at the center of an investigation into a deadly national salmonella outbreak has suspended operations at a second peanut processing plant." Another AP (2/11, Brumback) article reports, "Private lab tests show there may have been salmonella at a second plant operated by the peanut company...
Toy Stores Scramble to Comply With Lead Law
Posted on February 10, 2009The AP (2/10, Anderson) reports, "Toy stores across the country scrambled Monday to abide by tough new lead and chemical standards for toys that go into effect on Tuesday" and "many toy sellers pulled questionable items off their shelves after a judge last week nixed a delay that would have given them a 12-month reprieve...
Justice Ginsberg Plans to Return Amid Illness
Posted on February 10, 2009The Legal Times (2/9, Mauro) reported, "The stunning news on Feb. 5 of Justice Ruth Bader Ginsburg's tough new battle with cancer instantly changed the dynamics of the Supreme Court, posing painful challenges not only for the feisty justice but for the other justices and the Obama administration" and "the immediate round of media speculation about her possible retirement-and who might replace her-may even bolster her determination to remain on the Court, says one Court watcher...
FDA Needs "Shot in the Arm" From Obama
Posted on February 10, 2009A St. Petersburg Times (2/10) editorial argues that the FDA deserves a "White House rebuke" for its failures in the salmonella outbreak. The agency "responsible for protecting the nation's food supply looks as if it learned nothing from grappling with similar outbreaks of tainted spinach and peppers...
FDA Orders Certain Antidepressants to Carry Warning for Life-Threatening Side Effect
Posted on February 07, 2009The Los Angeles Times (2/6) reports, "The FDA has ordered a wide range of antidepressants to carry new warnings of an unusual but potentially deadly side effect seen most often in the first few weeks of treatment or when a patient increases dosages" and "the labels of two classes of new-generation medications for depression -- selective serotonin reuptake inhibitors (SSRIs) and serotonin-norepinephrine reuptake inhibitors (SNRIs) must now notify patients that malignant neuroleptic syndrome has been linked to the use of these drugs...
Insurance Institute for Highway Safety to Require Dramatic Increase in Vehicle Roof Strength
Posted on February 06, 2009The Detroit News (2/5, Shepardson) reports, "The Insurance Institute for Highway Safety said Wednesday it will require automakers to dramatically increase the strength of vehicle roofs to receive its top safety pick ratings." Adrian Lund, president of IIHS said, "We see significant safety benefits in stronger vehicle roofs" adding that "NTSA has 'clearly undercounted' the number of injuries and deaths that can be prevented by stronger roofs...
Loopholes May Have Allowed Salmonella-Contaminated Food to Circulate
Posted on February 06, 2009The AP (2/6, Alonso-Zaldivar, Blackledge) reports, "Lawmakers reacted angrily Thursday when told that food makers and state safety inspectors are allowed to keep tests results secret," which "keeps federal health officials in the dark even when products have been contaminated by salmonella or other dangerous bacteria...
Texas AG Sues Company for Marketing Candy as Alzheimer Cure
Posted on February 06, 2009According to the Austin Business Journal, the Texas Attorney General has filed suit against Nature?s Candy Inc. of Fredericksburgs for deceptive trade practices and violations of the Texas Food, Drug and Cosmetic Act in marketing their candy as being helpful to Alzheimer patients...
Governor Declares Overhaul of State Schools for Disabled a Priority
Posted on February 05, 2009I've written several times about the deplorable conditions in the Texas state schools for the disabled. Now the Dallas Morning News reports that Governor Rick Perry will declare protection of residents in state schools for the disabled a legislative emergency, a move that follows reports of widespread abuse and neglect and a broad federal investigation into conditions at the facilities...
Democrats & Republicans Blame Each Other Over Confusion With Lead Law
Posted on February 05, 2009The AP (2/5, Kerr) reports, "Strict new safety rules for toys and other children's products take effect next week, a move that has been applauded by parents and consumer advocates but jeered by industry groups as overly broad and a jobs-killer." Now, "Sen...
Peanut Corporation Says It Was Inspected Regularly
Posted on February 05, 2009The New York Times (2/5, B10, Martin) reports, "A company at the center of a huge and deadly salmonella outbreak said Wednesday that its peanut plant was regularly visited last year by private inspectors, several of whom declared it to be in tip-top shape" and "in a statement released Wednesday, the company, Peanut Corporation of America, reported 'regular visits and inspections' of its Blakely, Ga...
Judges Can Adjust Jury Awards in Employment Cases to Account for Tax Burden?
Posted on February 04, 2009The Legal Intelligencer (2/4, Duffy) reports, "Deepening a split in the federal circuits, the 3rd U.S. Circuit Court of Appeals has ruled that winning plaintiffs in employment discrimination cases may be entitled to an additional award to compensate for the tax consequences of receiving a backpay award in one lump sum...
Stimulus Provision Seen as Gift for Trial Lawyers
Posted on February 04, 2009The National Law Journal (2/3, Coyle) reported, "Both the House-passed economic stimulus bill and the proposed Senate version would give state attorneys general new enforcement authority to file civil actions for damages or injunctions in federal courts for violations of the federal Health Insurance Portability and Accountability Act (HIPAA)" and "the U...
State Farm Explains Reasons for Leaving Florida
Posted on February 04, 2009The AP (2/4, Kallestad) reports, "State Farm Florida has lost hundreds of millions of dollars in the state in the last decade and risks insolvency if it continues writing property insurance here, company executives told a legislative committee Tuesday" and "Jim Thompson, president of State Farm Florida, told the House Insurance, Business & Financial Affairs Policy Committee on Tuesday that the company must stop its financial bleeding to ensure it can pay off future claims...
Hearing Begins on Medical Helicopter Safety
Posted on February 04, 2009The Washington Post (2/4, B2, Johnson) reports, "The National Transportation Safety Board began a four-day hearing in Washington yesterday to examine a spike last year in fatal crashes of medical helicopters, including one in Maryland that killed four people...
Peanut Plant Operated for Years Uninspected and Unlicensed
Posted on February 04, 2009The AP (2/3, Blackledge) reported, "A peanut processing plant in Texas run by the same company blamed for a national salmonella outbreak operated for years uninspected and unlicensed by government health officials, The Associated Press has learned." The processing "plant in Plainview never was inspected until after the company fell under investigation by the Food and Drug Administration, according to Texas health records obtained by AP...
New Law for Toy Safety Goes Into Effect on February 10
Posted on February 03, 2009The Washington Post (2/3, Garfinkle) reports, "Congressionally mandated toy safety rules that take effect Feb. 10 have left freecyclers and resellers of children's products scrambling to understand the law and how it affects them" and "the result has been word-of-mouth back and forth of truths and rumors about the law...
Do Red-Light Cameras Increase Auto Collisions?
Posted on February 02, 2009That was the question asked in a study of red light cameras in Houston, and the answer apparently is yes, some types of collisions do increase when red-light cameras are installed.The study is open to various interpretations though. It is explained in an article in the Houston Chronicle.
Rhode Island May Soon Have Private Trials
Posted on February 02, 2009In his column in the Providence Journal (2/1) Edward Fitzpatrick wrote, "In his first days in office, President Obama has called for more openness in government, saying, 'Transparency promotes accountability.'" He said, "That's a welcome message after years of increasing governmental secrecy on the national level...
Texas Politicians Stopped for DWI Refuse Blood and Breath Tests
Posted on February 02, 2009Our Texas politicians, as usual, are not setting very good examples for the citizens. A study by the Austin American-Statesman has revealed that every politician stopped for suspected DWI in Texas in recent years refused to take a blood or breath test...
Most Popular P.I.S.S.D. Post? - The Chili Recipe
Posted on February 01, 2009Since April 2005 I have written exactly 1700 posts on this personal injury and Social Security disability blog. That's more than one per day. I've tried to give people helpful information about all types of injuries and about Social Security disability claims...
Everyone Wins The Super Bowl With A Sober Designated Driver
Posted on February 01, 2009Today, finally, we come to the Super Bowl. For those of us with a favotite team that didn't make it into the playoffs it seems forever since the end of the regular season.I hope each of you enjoys the game, whether you watch at home, at a friend's house, or in a sports bar...
Do Ignition Interlocks Stop Drunk Drivers?
Posted on February 01, 2009From Parade Magazine comes this quick survey about the use of vehicle ignition interlocks for people convicted of drunk driving. Visit the link to vote in the survey. Here are the details: Drunk drivers kill about 13,000 Americans each year and injure hundreds of thousands more...
Study Shows Basic Checklist Cut Surgical Deaths in Half
Posted on January 31, 2009We see way too many instances of medical malpractice at our law firm. It's a shame, because 90+ percent of the doctors I've known have been careful, caring professionals. Like lawyers, doctors are sometimes ill-served by staff, and of course it's the doctors who get the blame...
Tainted Peanut Butter Recall May Become Largest Product Recall In History
Posted on January 30, 2009News sources quickly picked up on the implications of Tuesday's revelation that the Peanut Corporation Of America had been knowingly shipping tainted peanut butter since the beginning of 2007. NBC Nightly News (1/28, story 4, 2:10, Williams) reported early in its broadcast that the tainted peanut butter "problem goes back further and is much larger than originally thought...
Obama Signs Equal-Pay Bill Into Law
Posted on January 30, 2009President Obama yesterday signed his first bill into law, the Lilly Ledbetter Fair Pay Act. USA Today (1/30, Jackson) reports the new law "makes it easier for workers to sue companies for pay discrimination and effectively reverses a 2007 Supreme Court decision that had given workers 180 days to file a lawsuit after the pay inequity allegedly first took place...
Dallas County to Block Vehicle Registrations for Unpaid Tickets
Posted on January 29, 2009Dallas County is owed more than $200 million by drivers with unpaid traffic tickets. Beginning within a few days, Dallas County will start refusing to renew vehicle registrations for owners with unpaid fines. So if you owe money, you need to pay up before your current registration expires...
Social Security Expands Fast-Track Disability Processes
Posted on January 29, 2009The Social Security Administration has announced this week that more than 100,000 disabled applicants are to get quick decisions in their claims. This is of course great news for those in the small percentage who have managed to get their claims on the fast-track...
Obama Administration Has Issued Stay to Stop Pending Preemption Rules
Posted on January 28, 2009In a blog entry on the Huffington Post website (1/28) Les Weisbrod writes, "It has become devastatingly clear that the drug and medical device companies will do just about anything to make a buck, regardless of the effect on public health and safety. And the FDA is unable to police an industry that time and time again has engaged in dubious tactics and put lives at risk...
The Trouble With Carfax
Posted on January 26, 2009My friend and Oklahoma attorney Louis M. Green has an interesting post on his blog about the accuracy of Carfax reports. He titles his post The Trouble With Carfax. Here are the opening paragraphs. Check it out.Most people purchasing used cars rely solely on Carfax to let them know whether or not the vehicle they are buying has been wrecked or has other serious problems...
Local Retailers Assure Consumers That They Have Plan in Place for Recalls
Posted on January 26, 2009The Florida Times-Union (1/25, Salman) reported, "The recent recall of peanut butter products related to a salmonella outbreak that left more than 480 people sick and six dead nationally - although no illnesses were reported in Florida - has local retailers taking steps to ensure the problem is controlled...
Friday Fun
Posted on January 23, 2009Half the fun of watching Jack Bauer fight terrorism on the television show 24 is seeing all the hot new technology his team uses. So how would this show have worked if it had taken place in 1994? See for yourself.
President-Elect of Pennsylvania AAJ: Remain Tough on Dram Shop Law
Posted on January 22, 2009In an op-ed in the Legal Intelligencer (1/20) Kevin R. Marciano, president-elect of the Pennsylvania Association for Justice wrote that the people who are the fault of drunk driving related accidents and fatalities are "people who hold parties without watching for people who stumble out of their homes, the drunk drivers themselves and bar owners and their tenders who serve people who are obviously drunk or even possibly younger than 21...
Health Authorities Confirm Source of Salmonella Outbreak
Posted on January 22, 2009The Wall Street Journal (1/22, Zhang, Jargon) reports, "Federal health authorities confirmed that peanut butter and peanut paste made by a Virginia company are the sole sources of a salmonella outbreak that has sickened 486 people in 43 states." The Journal adds, "The Centers for Disease Control and Prevention found that 14 institutions where people became sick had bought peanut butter made by Peanut Corp...
Just Hang Up and Drive!
Posted on January 22, 2009The National Highway Traffic Safety Administration says that distracted drivers account for almost 80% of auto crashes and 65% of near-crashes in the United States. A recent Harvard study showed that approximately 636,000 car accidents happen every year because drivers are talking or texting while driving...
As Salmonella Investigation Expands, FDA Advises Avoiding Products With Peanut Butter
Posted on January 21, 2009The Washington Post (1/21, A2, Layton) reports, "The federal government is advising consumers to avoid cookies, cakes, ice cream and crackers made with peanut butter or peanut paste while it continues to investigate an outbreak of salmonella illness that is believed to have killed six people and sickened at least 485 others across the country...
President Of Georgia Trial Lawyers Association Disagrees With George Will Column
Posted on January 21, 2009In an letter to the editor in the Atlanta Journal-Constitution (1/19) Fred Orr, the president of the Georgia Trial Lawyers Association wrote, "George Will's column 'Litigious 'cult of safety' puts society at risk'...contained grossly distorted examples of lawsuits and misconstrued the fundamentals of our Constitution and America's appreciation for basic safety...
Pharmaceutical Plants Move Overseas, Cause Concern
Posted on January 20, 2009The New York Times (1/20, D1, Harris) reports on the front page of its Science Times section that "experts and lawmakers are growing more and more concerned that the nation is far too reliant on medicine from abroad, and they are calling for a law that would require that certain drugs be made or stockpiled in the United States...
Obama Team Reviewing Last Minute Regulations
Posted on January 20, 2009The Chicago Tribune (1/20) reports that "Obama's team is conducting a wholesale review of scores of rules and regulations set in motion by Bush administration officials as his term wound down, the aides said, with an eye toward putting them on hold until the review is completed...
Featured Link - Lupus Foundation of America
Posted on January 20, 2009Support groups exist for almost every disabling condition. We were recently hired by an individual who needed help with a Social Security disability appeal in a claim involving severe lupus. Because our firm speaks with many local support groups, we were able to give her a referral to the Lupus Foundation of America - North Texas Chapter...
Texas Legislature Sets Priorities: Me First
Posted on January 16, 2009As reported in the Dallas Morning News, one of the first acts of the Texas House, in the biannual session beginning this month, was to vote for an increase in their personal budget. Here are excerpts from the story:The House will spend up to $750,000 more on staff and office costs this session despite hard economic times and possible cuts to state services used by millions of Texans...
Medtronic Paid Spine Surgeon $19 Million
Posted on January 16, 2009The Wall Street Journal (1/16, Armstrong, Burton) reports, "A prominent spine surgeon and researcher at the University of Wisconsin received $19 million in payment over five years from Medtronic Inc., one of the country's largest makers of spinal devices, according to a senator who is investigating potential conflicts of interest in medicine...
UnitedHealth To Pay $400 Million To Settle Manipulation Allegations
Posted on January 16, 2009Bloomberg News (1/15, Goldstein, Freifeld) reported, "UnitedHealth Group Inc., the biggest U.S. health insurer, said it will spend $400 million to settle allegations it has manipulated payments to doctors and patients for the last 15 years." UnitedHealth "agreed to put $350 million into a class-action restitution fund to pay physicians and policyholders for services provided by out-of-network providers, the company said in a statement today...
GAO Report Says FDA Approved Some Medical Devices Without Close Scientific Review
Posted on January 16, 2009The New York Times (1/16, A15, Harris) reports, "Most medical devices have never been shown to be safe or effective, and for the riskiest devices this must change, Congressional investigators concluded in a report released Thursday." While the FDA "has promised for decades that it would fix the problem, it has not, leading the Government Accountability Office to state in the report that 'it is imperative that the FDA take immediate steps' to fix its system for approving devices...
Eli Lilly Close To Settlement Over Marketing Of Zyprexa
Posted on January 15, 2009The AP (1/15) reports, "Drugmaker Eli Lilly and Co. is close to agreeing to a $1.4 billion settlement related to a government investigation into the marketing of its top seller Zyprexa, according to a New York Times report." There were documents discovered that "show Lilly downplayed the drug's risks and marketed it for unapproved uses" and "lawsuits have made similar claims, accusing Lilly of pushing doctors to prescribe Zyprexa for 'off-label' conditions like Alzheimer's disease...
Editorial: Texans Deserve To Know Hospital Mistakes
Posted on January 14, 2009This Dallas Morning News editorial is in follow-up to the excellent series the paper has run (and that I have written about) over the past few weeks. In 2007, state Sen. Jane Nelson did yeoman's work in passing legislation that requires Texas hospitals to report the types of infections they see in their daily work...
Report: FDA Hasn't Done Enough To Disclose Financial Conflicts Of Interest
Posted on January 13, 2009Bloomberg News (1/13, Blum) reports, "Drug regulators haven't done enough to force disclosure of financial conflicts of interest among the researchers who conduct clinical trials of medications and medical devices, according to a US government investigation...
Amid Controversy, FDA Allows Drug Companies To Use Journals To Promote Off-Label Uses
Posted on January 13, 2009In an article published on the web sites of over 100 media outlets the AP (1/13, Perrone) reports, "Food and Drug Administration officials have finalized guidelines that make it easier for pharmaceutical companies to use medical journal articles to promote drugs for unapproved uses...
Passengers May Soon Be Able To Sue For Flight Delays
Posted on January 13, 2009The Wall Street Journal (1/13, Phillips) reports, "Passengers may be able to sue airlines for breach of contract if flights are delayed too long on the tarmac, according to rules proposed by the Department of Transportation." If the rules are adopted, they "would require airlines to develop contingency plans for lengthy tarmac delays -- including time limits for such delays" and "those contingency plans and limits would become part of each airline's contract of carriage, a legally binding agreement that outlines an airline's responsibilities to passengers...
FDA Official Says Cases Of Esophageal Cancer Have Been Reported In Patients Taking Osteoporosis Drug
Posted on January 12, 2009The Los Angeles Times (1/12, Adams) reports, "In a letter to the New England Journal of Medicine published Jan. 1, a Food and Drug Administration (FDA) official reported that since Fosamax (alendronate) was first marketed in 1995, 23 cases of esophageal cancer in patients taking the drug -- including eight deaths -- have been reported to the" FDA...
Study Finds FDA May Have Conflict Of Interest In Investigating Procedures
Posted on January 12, 2009The AP (1/12) reports, "An internal watchdog finds that financial conflicts involving outside researchers who test experimental drugs often remain hidden," and "missing information, loopholes, and weak oversight hamper efforts to uncover financial conflicts involving researchers who test experimental drugs before companies seek government approval...
Democrats Promise New Era Of Regulation On Behalf Of Consumers
Posted on January 11, 2009McClatchy (1/8, Hall) reported, "With the 111th Congress newly seated this week and a new president who promises change coming into office soon, the era of hands-off regulation for a wide number of industries appears to be over." McClatchy says, "During much of the past decade, the federal government took the word of everyone from investment bankers to oil traders, toy importers to produce growers, that they were taking steps to protect little guys, consumers and ordinary investors...
Texas - State Of Neglect, Part 2
Posted on January 11, 2009I wrote recently about a continuing series in the Dallas Morning News, and how it reflected my loss of pride in my native state. The second of a four-part series is in the paper today, and continues to discuss in blunt terms the failing of Texas government to protect the weak, the needy, and the helpless...
Harris County Has More Railroad Collisions Than Any Other Texas County
Posted on January 10, 2009The Associated Press reports that Harris County is the most dangerous county in Texas for railway accidents, according to a report released Thursday by the Texas Relocation and Improvement Association. Here are the details:HARRIS COUNTY NUMBERSHarris County reported 1,376 incidents, including derailments and collisions, from 1998 through 2007...
Democrats To Push Labor Rights Bills Immediately
Posted on January 09, 2009The Los Angeles Times (1/9, Oliphant) reports, "Democrats in Congress are pushing legislation that would undo a controversial 2007 decision by the Supreme Court that tossed out a workplace discrimination suit brought by a female supervisor at Goodyear Tire & Rubber Co" because she was barred by a statute of limitations...
Featured Link - Living With Diabetes
Posted on January 08, 2009David Mendosa is a medical writer who has written and collected many excellent articles about living with diabetes. Check out his excellent Web site. My thanks to Tom Mighell for pointing out this resource.
Asbestos - The Silent Killer
Posted on January 08, 2009Regarded as the silent killer, asbestos was highly touted as one of the most versatile forms of building applications throughout the 20th century. Due to its heat and fire resistant qualities, asbestos was used as a form of insulation, piping, flooring and brake lining...
Bush Implementing Series Of Pro-Business Regulations
Posted on January 08, 2009Bloomberg News (1/8, Rosenkrantz, Drajem) reports, "George W. Bush is using the waning days of his presidency to implement a raft of pro-business regulations, triggering vows by the incoming Obama administration and congressional Democrats to gut the measures...
Disability Resources For Social Security Disability Claimants
Posted on January 07, 2009Last month we posted about how nearly any disease can be disabling if it is sufficiently severe. A good information resource for individuals with various disabilities is available from The U.S. National Library of Medicine and the National Institutes...
Judge Dismisses Medtronic Lawsuits, Cites Supreme Court Pre-emption Case
Posted on January 07, 2009Terrible news for all those damaged (or killed) by defective medical devices. This is from the news release of the American Association for Justice:The Wall Street Journal (1/7, A2, Burton) reports, "A federal judge threw out lawsuits on behalf of thousands of patients with heart-defibrillator wires that have been shown to fracture and dispatch potentially lethal shocks, concluding that a recent Supreme Court opinion made the dismissals inevitable" because that case said "that federal law 'pre-empts' product-liability lawsuits under state law, effectively precluding such cases...
Watching The Growth Of Wal-Mart Across The United States
Posted on January 07, 2009This has nothing at all to do with personal injury clients and Social Security disability claimants, but it's fascinating to see how the growth of Wal-Mart has accelerated over the years.
Seven New York Hospitals Face Suit Over $50 Million Medicare Fraud
Posted on January 06, 2009The AP (1/6, Bauman) reports, "Four hospitals in New York state paid kickbacks to get more patients into their drug treatment programs, which billed Medicaid for services that weren't standard or necessary and lacked state certification, lawsuits allege" and "another hospital paid people to search homeless shelters and other places for patients to enter a three-day stay in detox in exchange for cigarettes, beer, food, and other items, according to the lawsuit brought by state Attorney General Andrew Cuomo and US Attorney Benton Campbell...
Obama Announces Nominees For Four Top Department Of Justice Posts
Posted on January 06, 2009From the American Association for Justice news release:President-elect Barack Obama yesterday named four individuals to top DOJ positions. Media reports indicated the most controversial pick was Indiana University law professor Dawn E. Johnsen, selected by Obama to head the Office of Legal Counsel...
Texas - A State Of Neglect
Posted on January 06, 2009I was born and raised in the Great State of Texas, and have never been outside its borders for more than about a week at a time. I've been enormously proud to be a Texan, but not so much in recent years as in the past. For the last dozen years or so Texas has become a meaner state in which to live...
Dallas Finally Starts Towing Uninsured Vehicles
Posted on January 05, 2009As reported in the Dallas Morning News, the City of Dallas has begun in earnest with the new policy of towing the vehicles of uninsured motorists. I hope the word spreads quickly and greatly reduces the number of drivers who don't carry the mandatory auto liability coverage...
Seat Belts To Be Used In Dallas-Area School Buses
Posted on January 04, 2009I've been urging seat belt installation on school buses for years. Finally (certainly not because of anything I did) Dallas County will begin using seat belts in some of their school buses. Here are excerpts from a Dallas Morning News article: Dallas County Schools, which provides buses for Dallas ISD and eight other school districts, will have dozens more large buses with lap-shoulder belts...
FDA Adds Warning Of Celgene Risks For Elderly
Posted on January 02, 2009The Dow Jones (12/31, Dooren) reported, "The Food and Drug Administration said Wednesday Celgene Corp. (CELG) added an additional warning to its blood-clot busting drug Innohep stating it could increase the risk of death in elderly patients with kidney problems...
Friday Fun
Posted on January 02, 2009Who doesn't love the comic strip Peanuts? Unfortunately Charles Schulz passed away in 2000, so there haven?t been any new ones in years. But at least you can see every one of the old Peanuts comic strips at comics.com.
California Sues Bush Administration Over Midnight Regulation.
Posted on January 01, 2009The AP (12/31, Young) reports, "California is suing the Bush administration to block last-minute endangered species regulations that are intended to reduce input from federal scientists, state Attorney General Jerry Brown announced Tuesday." Brown stated, "The President is trying to gut the Endangered Species Act before he leaves office next month...
Drug Makers Cut Back On Free Goodies for Doctors
Posted on January 01, 2009As reported in the New York Times today, drug companies are cutting back on the freebies they give to doctors. The gifts, of course, have been used to try to entice doctors to prescribe certain drugs. The criticism of this practice is that it may, subconsciously at least, cause doctors to prescribe inappropriate medications simply because the doctor is getting favors from the drug manufacturer...
If I?m Found Disabled, How Long Until I Get Medicare?
Posted on December 31, 2008Our Social Security disability clients are usually dismayed when they learn they must wait two years after being found to be disabled before they can qualify for Medicare health benefits. This is a terribly unfair aspect of Social Security disability, and is explained well in an online article by AP News...
Dallas Drivers, If You Don't Have Insurance, Your Car May Get Towed After A Traffic Stop
Posted on December 30, 2008I've written many times about the problems Texas has with uninsured motorists. More than 25% of Texas drivers have no auto insurance, even though it's required by state law. Finally, beginning January 1, 2009, the Dallas police will start towing cars driven by people with no insurance...
Choosing A Home Health Care Agency
Posted on December 30, 2008Many of our personal injury clients and Social Security disability claimants require home health care. One of the best companies providing this service in the Dallas and Fort Worth area is Nurses Today, owned and operated by Ms. Anita Porco, R.N. This information about choosing a home health care agency is from the Nurses Today Web site:Home health care can be defined as care brought to the home to maintain or restore a person's health and well-being...
USA Today Argues Defensive Medicine Increases Healthcare Costs
Posted on December 29, 2008From the American Association for Justice: In its Opinion blog, USA Today (12/29) editorializes, "Healthcare costs are out of control," but "that doesn't stop sensible physicians from shunning the sickest patients or ordering needless hospitalizations, drugs, tests, and invasive procedures...
Featured Link - HelpInsure.com
Posted on December 29, 2008Texans have had the highest homeowner insurance rates in the country for years. And with our Republican government's pro-business priorities, that probably won't change anytime soon. But at least the State now offers a Web site where consumers can compare insurance rates for homeowner and automobile protection...
Technology, Disability, And The Americans With Disabilities Amendments Act
Posted on December 29, 2008The disabled, under Social Security, must generally prove they are unable to perform their prior jobs going back 15 years. To do this, individuals must show they cannot perform those jobs as they actually performed them or as the jobs are generally performed...
Millions Of Older Americans Use Risky Drug Combinations
Posted on December 27, 2008This report is from the Associated Press. Note the Web site at ConsumerMedSafety.org that will let you check for dangerous drug combinations. Here are excerpts from the story.At least 2 million older Americans are taking a combination of drugs or supplements that can be a risky mix - from blood thinners and cholesterol pills to aspirin and ginkgo capsules - a new study warns...
Friday Fun
Posted on December 26, 2008I have good friends from and in Oklahoma, but that doesn't lessen the rivalry between Texans and Oklahomans. That's why I think this snarky set of photos is so funny. Check out What Celebrities Would Look Like If They Moved To Oklahoma.
Merry Christmas!
Posted on December 25, 2008Merry Christmas to each and all of you! My hope for you is that you spend a wonderful day today with family and friends, and that you remember the reason we celebrate this day. For everything you would ever want to know about the history of Christmas, visit the Christmas page of the History Channel Web site.
Social Security Disability, Medicaid, And The Economy
Posted on December 24, 2008Many of our clients who are granted disability by the Social Security Administration will qualify for Medicaid benefits. For those who are not disabled but rely on Medicaid because they qualify based on income, the worsening of the economy means more people may begin to rely on Medicaid alone for their health insurance...
Wal-Mart Settles Wage Claims With Workers
Posted on December 24, 2008The New York Times (12/24, B1, Greenhouse, Rosenbloom) reports, "Wal-Mart said on Tuesday that it would pay at least $352 million, and possibly far more, to settle lawsuits across the country claiming that it forced employees to work off the clock" and some "lawyers described it as the largest settlement ever for lawsuits over wage violations...
FDA Chastises Coca-Cola Over "Diet Coke Plus" Labeling
Posted on December 24, 2008From the news release of the American Association for Justice:In an article appearing in some 30 papers and websites including the Washington Post, the AP (12/24, Perrone) reports that the FDA has "scolded" the Coca-Cola company "for placing inappropriate nutritional claims on its Diet Coke Plus soft drink...
Social Security Disability - Compassionate Allowances
Posted on December 23, 2008Social Security has an obligation to provide benefits quickly to applicants whose medical conditions are so serious that their conditions obviously meet disability standards. Compassionate allowances are a way of quickly identifying diseases and other medical conditions that invariably qualify under the Listing of Impairments based on minimal objective medical information...
FDA Warns Public About Dangers From Diet Pills With Inadequate Labeling
Posted on December 23, 2008From today's news release of the American Association for Justice:The CBS Evening News (12/22, story 10, 0:25, Smith) reported, "There is a new warning tonight for Americans looking to take a short cut to weight loss. The FDA has listed more than 25 weight loss products to avoid because they contain ingredients that are not labeled and could cause serious health problems...
Spina Bifida And Social Security Disability
Posted on December 22, 2008Among our Social Security Disability clients have been individuals with spina bifida. The disease, according to the Spina Bifida Association (SBA), is the most common permanently disabling birth defects in the United States. I encourage you to visit SBA?s Web site, where you will find an abundance of information including factsheets...
Made in America: Corporate Gall
Posted on December 22, 2008CBS News has a great opinion piece by attorney Andrew Cohen about the relationship between the U.S. Chamber of Commerce and the economic downturn. Here are excerpts:Like the child who kills his parents and then begs for mercy because he is an orphan, the U...
Loose Headstones May Pose Extreme Risk
Posted on December 22, 2008Gruesome death of toddler, and warning of other deaths or injuries, as reported in the news release of the American Association for Justice:The Houston Chronicle (12/19, Flood) reported, "The parents of a two-year-old boy who was crushed to death by a headstone at a funeral last week have filed a lawsuit against the Pearland cemetery," alleging that "the funeral home operator was negligent for not making sure that the headstones were more stable...
Veterans' Clinics Closing For Holiday In Central Texas
Posted on December 21, 2008The outpatient clinics of the Central Texas Veterans Health Care System will be closed Thursday and Friday, December 25 and 26.. All clinic appointments that were scheduled for Friday will be rescheduled. The closings will include the Waco VA Medical Center and the Olin E...
Friday Fun
Posted on December 19, 2008BetaMaXmas is a great site looks like an old grainy TV screen with a Betamax recorder attached. There's a remote that you can use to scan for old cartoons like A Garfield Christmas, episodes of The Facts of Life featuring George Clooney, and a holiday-themed Perfect Strangers (with commercials!); or, if those aren't to your liking, click on the TV Guide and find something else to watch.
Texas Governor Reaches Milestone
Posted on December 19, 2008Today is Texas Governor Rick Perry's 2920th day in office, and that makes him officially the longest-serving governor in Texas history. He has two years remaining on his current term, and has announced that he is running for reelection in 2010. If he wins then, he will serve at least 14 years as Texas Governor...
California Supreme Court Rules That Good Samaritans May Be Liable For Damages
Posted on December 19, 2008From the news release of the American Association for Justice: The AP (12/19, Elias) reports, "Proving that no good deed goes unpunished, the state's high court on Thursday said a would-be Good Samaritan accused of rendering her friend paraplegic by pulling her from a wrecked car 'like a rag doll' can be sued...
Featured Link - HealthyToys.org
Posted on December 18, 2008HealthyToys.org includes test results for more than 1,500 toys and children?s products. This site is a first step in providing parents, grandparents, and others who care about children with the information they need to make better choices when purchasing toys and other children?s products...
FDA Raises The Bar For New Diabetes Drugs
Posted on December 18, 2008Here is today's News Release from the American Association fro Justice:In a report appearing in at least 66 media outlets, the AP (12/18) reports, "Under new FDA policy, drug companies will have to test [diabetes] drugs on greater numbers of high-risk patients, such as the elderly, those with relatively advanced diabetes and those with kidney problems...
Possible Attorney Fee Increase In Social Security Disability Claims?
Posted on December 18, 2008This news release from NOSSCR is certainly encouraging to all of us who practice Social Security disability law:The user fee rises each year because it has an automatic Cost-of-Living-Adjustment. The fee cap for fee agreements does not rise each year because it has no automatic Cost-of-Living-Adjustment...
Featured Link - National Patient Safety Foundation
Posted on December 17, 2008The National Patient Safety Foundation (NPSF) is an independent not-for-profit 501(c)(3) organization that has diligently pursuing improving safety of patients for over a decade. NPSF remains the sole organization in the field with this singular focus...
Free Texas Non-Injury Accident Kit
Posted on December 16, 2008Have you had a fender-bender in this terrible icy weather around Dallas? If you've been involved in a minor car accident - with no injuries - you probably don't need a lawyer. Our kit answers your questions and tells you what you need to do to make sure you're treated fairly...
Trade Associations Expect Few Changes As New Administration Begins
Posted on December 16, 2008Today's news release from the American Association for Justice:Roll Call (12/15, Murray) reported, "While acknowledging that new House and Senate Democratic majorities will mean trimmer legislative wish lists, GOP-leaning trade associations are hardly undergoing a major retooling of their lobbying or political shops" although "a new political environment may mean fashioning a new interpretation of business as usual...
Five Safe Driving Tips for Winter
Posted on December 16, 2008Heading into winter, the roads become a more dangerous place for drivers, no matter how safe your car is. In order to limit your risk, there are a number of steps you can take to ensure you're prepared for the onset of snow, sleet and ice on the roads:? Consider Investing in Snow TiresIf you live in an area where it snows early and often, then you may want to consider investing in a new set of snow tires...
Social Security Is First Government Agency To Use Nationwide Health Information Network
Posted on December 16, 2008Press release from the Social Security Administration today. This is a little scary to me. The Social Security Administration announced today that it will be the first government agency to utilize the Nationwide Health Information Network (NHIN). Beginning in early 2009, Social Security will receive medical records for some disability applicants electronically through the NHIN gateway...
How Long Do Social Security Disability Benefits Last?
Posted on December 15, 2008Social Security Disability payments are different from other long term disability insurance programs. Often a private disability plan is defined, and dictates, for example, that you can only receive benefits for a specified period of time. Social Security Disability and Supplemental Security Income benefits, however, may last until you are able to return to work or you reach retirement age...
Senator Grassley Questions Wyeth Over Ghostwriting ontract
Posted on December 15, 2008Latest news release from the American Association for Justice:On the front of its Business section, the New York Times (12/13, B1, Wilson) reported that Senate Finance Committee member Charles Grassley (R), in letters to Wyeth and medical writing company DesignWrite, asked for additional information regarding ghostwriting contracts that produced medical journal articles "favorable to its hormone therapy Prempro...
Do Car Horns Make Us Safer?
Posted on December 15, 2008No, according to a commentary in the Dallas Morning News. Here is a brief excerpt: In theory, the horn is a safety device; it might rightly be called the world's first "collision-avoidance system." But exactly how many collisions it serves to avoid has never been clear...
Friday Fun
Posted on December 12, 2008I think the user-submitted photos and videos at the Fail Blog are hilarious.
Texas Tax Dollars At Work In House Of Representatives
Posted on December 11, 2008The country may be in an official recession, and tax revenues may be plummeting, but nothing ever stops Texas legislators from pampering themselves. As reported in the Dallas Morning News, the Texas House of Representatives is in the process of spending $140,000 for renovations to the members-only (no public riffraff allowed) lounge in the Capitol...
Midnight Regulations May Continue Bush Legacy
Posted on December 11, 2008I've written on this topic, but this viewpoint is from Rolling Stone magazine, courtesy of the American Association for Justice news release:Rolling Stone (12/25, Dickinson) magazine reports, "With president-elect Barack Obama already taking command of the financial crisis, it's tempting to think that regime change in America is a done deal...
Suddenly Straight-Party Voting Is A Hazard To Democracy
Posted on December 10, 2008Strange things have been happening in Texas politics over the past two years. In November 2006 the Democratic Party made a complete sweep in Dallas County - replacing every Republican office holder with a Democrat, including every judge up for election that year...
Wal-Mart Settles Wage Violations Lawsuit For $54.25 Million
Posted on December 10, 2008From the American Association for Justice news release today:The New York Times (12/10, B7, Greenhouse) reports, "Wal-Mart Stores announced a $54.25 million settlement on Tuesday of a lawsuit accusing it of wage violations in Minnesota -- far less than the $2 billion in fines that it was threatened with when a judge ruled against it last July...
Advocates Debate Ways To Close Some Texas Schools For The Disabled
Posted on December 09, 2008I wrote a few days ago about the U.S. Justice Department report blasting the deplorable conditions in Texas schools for the disabled. Now the Dallas Morning News has a front-page article discussing the possibility of improving state schools by closing some schools and concentrating resources in the remainder...
EEOC Notice Concerning The ADA Amendments Act Of 2008
Posted on December 08, 2008The Equal Employment Opportunity Commission (EEOC) recently published a notice about the changes to the Americans With Disabilities Act (ADA) that become effective January 1, 2009. The ADA will undergo some rather significant changes. Full details are available at the ADA Web site...
Guard Against Identity Theft On Social Networks
Posted on December 08, 2008Today's Dallas Morning News has a good article about how to safeguard your confidential information while using Internet social networking Web sites.Here are excerpts: The next source of identity theft may be social networking Web sites. Thieves are constantly searching for new ways to get you to divulge any sliver of personal information so they can tap into your wallet...
Justice Department Blasts Texas State Schools For The Disabled
Posted on December 06, 2008The politicians in charge of Texas government for the past decade or so have effectively starved the beast to the point there's no money available for many essential services. One of the services many of us consider essential is proper care for disabled Texas residents...
Annual List Of 10 Worst Toys - Help Prevent Childhood Injuries
Posted on December 06, 2008If you haven't done your holiday shopping for the little kids on your list (actually, even if you have done your shopping), take a look at the annual "10 Worst Toys" list by the consumer group W.A.TC.H. Click the link to see photos and warnings of the toys...
Friday Fun
Posted on December 05, 2008This isn't really possible for a human to do, is it? This guy is amazing.
Featured Link - Benefit Eligibility Screening Tool (BEST)
Posted on December 05, 2008The Social Security Administration has a new feature on their Web site. In their words:The Benefit Eligibility Screening Tool (BEST) helps you find out if you could get benefits that Social Security administers. Based on your answers to questions, this tool will list benefits for which you might be eligible and tell you more information about how to qualify and apply...
Texas Supreme Court Justices Continue To Have Ethics Lapses
Posted on December 05, 2008In the continuing saga of the sometimes ethics-challenged Texas Supreme Court, Justice Nathan Hecht was ordered to pay a $29,000 fine yesterday for accepting an illegal campaign contribution and failing to report it. Here are excerpts from a Dallas Morning News article today:In a public hearing before the decision of the Texas Ethics Commission, Justice Hecht rigorously denied the accusation that a cut rate he received on a legal bill ? ironically stemming from his defense of an earlier ethical question ? was a gift of services that amounted to a political contribution...
Two Consumer Advocacy Groups Sue Consumer Product Safety Commission Over Toxic Toys
Posted on December 05, 2008Here is the latest Press Release from the American Association for Justice:The Wall Street Journal (12/5, B6, Trottman) reports that Natural Resources Defense Council and Public Citizen "have gone to court to challenge the Consumer Product Safety Commission's (CPSC) decision to allow makers of children's products containing phthalates to continue selling those goods so long as they were made before a congressional ban takes effect Feb...
Featured Link - Top 100 Blogs
Posted on December 04, 2008I was devastated to learn this blog is not one of the Top 100 Blogs at Technorati. Oh well, I'll keep trying, and maybe next year...
Friday Fun (On Thursday Evening)
Posted on December 04, 2008Why didn't we have this when I was growing up? My brother and I could have had much more fun than just shooting BB guns at each other...
Featured Link - ReportDangerousDrivers.com
Posted on December 03, 2008ReportDangerousDrivers.com is another of the sites where you can rat out your fellow drivers. If you see someone driving dangerously, you can file a report at this site. I'm not sure it accomplishes much other than a small sense of satisfaction, but at least that's worth something...
Toys With Toxins Still On Shelves
Posted on December 03, 2008Here is the latest news release from the American Association for Justice. Parents, please read before buying toys for your little children.USA Today (12/3, Szabo) reports, "Consumer advocates agree that parents have good reason to be careful" about the toys they buy for their children...
Featured Link - IAVA.org
Posted on December 02, 2008Iraq and Afghanistan Veterans of America is the nation's first and largest group dedicated to the Troops and Veterans of the wars in Iraq and Afghanistan, and the civilian supporters of those Troops and Veterans. Please visit the site and consider making a donation.
Bush Administration?s Rule Forces Truckers to Drive to Point of Exhaustion, Puts Motorists at Risk
Posted on December 01, 2008That's the headline of a recent statement by Joan Claybrook, President of Public Citizen. Public Citizen is a national, nonprofit consumer advocacy organization founded in 1971 to represent consumer interests in Congress, the executive branch and the courts...
Please Support Mothers Against Drunk Driving
Posted on December 01, 2008I received a nice letter today from Mothers Against Drunk Driving-North Texas, asking for a donation. I urge each of you to support this fine organization that has done so much to protect us from drunk drivers. Here is the text of the letter:Dear MADD Supporter, This holiday season, Mothers Against Drunk Driving-North Texas asks you to give a special gift to your friends and family: the gift of safety In 2007 an estimated 12, 998 people died in alcohol-impaired traffic crashes involving a driver with an illegal Blood Alcohol Concentration, BAC (...
Friday Fun
Posted on November 28, 2008Here's another Impossible Quiz. I'm sure most people think these are silly, but I enjoy them.
Lawmakers Push Government To Enforce Chemical Ban In Toys
Posted on November 28, 2008As reported in USA Today, the outgoing Bush administration appears to be trying to protect toy makers that produce toys containing dangerous chemicals, despite legislation outlawing those chemicals. Here are excerpts from the story: Congressional supporters of a new law meant to protect children from dangerous chemicals are trying to make sure that the government enforces the legislation as they intended...
Featured Link - BlackFriday.info
Posted on November 27, 2008I hope each of you is having a wonderful Thanksgiving today, and that you are surrounded by friends and family. For those of you brave enough to fight the mall crowds tomorrow, take a look at BlackFriday.info to learn about all the specials that will be waiting for you...
Featured Link - 230,000 Lawyers Recalled
Posted on November 26, 2008With a hat tip to Bob Ambrogi, comes this startling announcement from the American Bar Association: 230,000 defective lawyers have been recalled!
Keeping Kids Safe During The Holidays
Posted on November 25, 2008This post was contributed by Kelly Kilpatrick, who writes on the subject of nursing assistant exams. She invites your feedback at kellykilpatrick24 at gmail dot com. ??The holiday season is upon us and many people are making their gift lists and hitting stores to find the best deals on the hottest toys for the children in their lives...
Survey Finds Litigations Too Costly Because Of E-Discovery
Posted on November 25, 2008Sharon Nelson, of Sensei Enterprises, recently posted this nugget of information to the ABA Techshow Blog: On September 9th, the Institute for the Advancement of the American Legal System (IAALS) and the American College of Trial Lawyers (ACTL) Task Force on Discovery released the results of a survey of trial lawyers from across the country...
Featured Link - 100 Blogs That Will Make You Smarter
Posted on November 25, 2008The title says it all: 100 Blogs That Will Make You Smarter.
Featured Link - Texas State Board of Dental Examiners
Posted on November 24, 2008What do you want to know about dentists or dental hygienists? Whatever it is, you'll probably find it at the Web site of the Texas State Board of Dental Examiners.
Medicaid Covering Unapproved Drugs
Posted on November 24, 2008Our tax dollars at work - Medicaid is risking patients lives by authorizing potentially dangerous drugs. As reported in the Dallas Morning News, Medicaid has paid at least $200 million since 2004 for medicines that have never been reviewed by the government for safety and effectiveness but still are covered under Medicaid...
Featured Link - SurvivorCorps.com
Posted on November 22, 2008SurvivorCorps.com explains their purpose very well. Also be sure to find out how you can help our returning troops. Breaking the Cycle of Violence: Survivor Corps is a global network of people helping each other to overcome the effects of war and conflict and give back to their communities...
Friday Fun
Posted on November 21, 2008How good are you at plane geometry? How good are you at estimating angles and distances? Find out with the "Eyeballing Game."
Featured Link - SafeManuals.com
Posted on November 20, 2008I have a bad habit of putting manuals and instructions for cameras, computers, etc. in safe places where I can never find them again. A site like SafeManuals.com helps me by proving user manuals for dozens of manufacturers and hundreds of products online for me to download as necessary...
Featured Link - YouConvertIt.com
Posted on November 19, 2008YouConvertIt.com is a handy Web site for converting files from one format to another. The site handles pretty much every format I've ever heard of and many that I haven't. Here is the explanation from the site:YouConvertIt.com, the world's first and most complete conversion, file storage, units conversion website allowing internet users to convert audio video images and documents into an array of formats also sending or delivering file(s)...
Featured Link - Tricks of the Trade: How Insurance Companies Deny, Delay, Confuse and Refuse
Posted on November 18, 2008The American Association for Justice has published an interesting and helpful article titled Tricks of the Trade: How Insurance Companies Deny, Delay, Confuse and Refuse. The topics include:Denying Claims Delaying Until Death Confusing Consumers Discriminating by Credit Score Abandoning the Sick Canceling for a Call Here is the summary ? What you can do about it: READ YOUR POLICY CAREFULLY: You should know exactly what is covered and how to appeal a denial by your insurance company...
Methicillin-Resistant Staphylococcus Aureus (MRSA) Warning
Posted on November 17, 2008MRSA (Methicillin-resistant staphylococcus aureus) cases have increased in recent months in our Social Security Disability clients. These are essentially infections that are resistant to a major category of antibiotics such as penicillin and cephalosporins...
Featured Link - Really, Really Basic Computer Tips
Posted on November 15, 2008This article from the New York Times blog has a list of really basic computer tips that everyone should already know. But I admit that after using computers for at least 30 years, I didn?t know all of them. You might find a few little tricks that you either never knew or had forgotten...
Friday Fun
Posted on November 14, 2008In the spirit of Jay Leno's Headlines, here are some marriage announcements of couples who should not hyphenate their last names.
Featured Link - ALS Association
Posted on November 13, 2008The ALS Association is dedicated to fighting the disease of Amyotrophic Lateral Sclerosis (ALS), a motor neuron disease. The disease is frequently referred to as Lou Gehrig's disease, after one of its most prominent victims. The Web site has a tremendous amount of information about the disease, and links to health resources...
Featured Link - 123People.com
Posted on November 12, 2008An interesting search engine for people, not words or phrases, is 123People.com. Here's the description from the site:About 123people 123people is a real time people search tool that looks into nearly every corner of the Web. Using our proprietary search algorithm, you can find comprehensive and centralized people related information consisting of images, videos, phone numbers, email addresses, social networking and Wikipedia profiles and much more...
Veterans Groups Sue Bush Administration Over Delayed Benefits Claims
Posted on November 11, 2008As reported in U.S. News, two groups have filed suit in order to speed up the process of deciding veterans benefits claims. As is, the procedure takes an unacceptably long time - as much as 4-5 years from start to finish. In the meantime, the disabled vets are losing their homes and other assets, while waiting for their hard-earned benefits to be paid by the government...
Veterans Day
Posted on November 11, 2008Today is Veterans Day in the United States. Please take the time to thank anyone you know who has served in our armed forces, and also take a few minutes to think about those who served and now are not here with us to be thanked.
Obama Expected To Address Tort Reform Early
Posted on November 10, 2008Here is the latest news release from the American Association for Justice. It involves the question of tort reform under the new Barack Obama administration:CQ Weekly (11/10, Zeller) reports, "One early policy battle in the Obama years will probably be the question of 'tort reform...
Limits Placed On Medicaid Outpatient Services
Posted on November 10, 2008I wrote a few days ago about the Bush administration's plan to push through a raft of new regulations loosening restrictions on such matters as pollution and consumer safety. Now the New York Times reports on another regulation change?this one affecting Medicaid reimbursements...
Friday Fun
Posted on November 07, 2008StrangeMaps contains just what you'd think ?strange maps. Like where in the country people refer to a carbonated beverage as "pop," where they refer to it as "soda," and where (including my house) they refer to any carbonated soft drink as "Coke."
Featured Link - The Committee For Justice For All
Posted on November 05, 2008I recently met attorney David Fallk, president of The Committee For Justice For All. Their Web site is a great resource for information about "tort reform" and the myths driving this political juggernaut. Please visit this site.
The Day After The Election
Posted on November 05, 2008Is it really over? After two long years of campaigning? Has the result hit you yet? Personally, I am absolutely thrilled about the national results. What a long way we have come in my lifetime. I wasn't sure I would ever see this day. Now, truly, any American can realistically dream of any achievement...
Please Vote Today
Posted on November 04, 2008This is election day, of course. Please do not leave these important decisions to others - get out and vote yourself. Here is a list of voting locations in Dallas County. If you live outside Dallas County, you can use the Polling Place Locator at Vote411...
Featured Link - Pixolu
Posted on November 03, 2008Pixolu is an Internet search engine for images. The unique feature is that you can refine your searches by choosing images that you like best from the original search. You drag and drop your favorites over to the side, and then the engine searches again, using your "preferences" as a factor in the new search...
Featured Link - Polling Place Locator
Posted on November 03, 2008OK, tomorrow is the big day. GO VOTE! If you aren't sure where you're supposed to go, you can use the Polling Place Locator at Vote411.org. Just enter your address and you'll get an address and map of your polling place. It's a great help. Please vote!
President Bush Launches Last-Minute Deregulation Push
Posted on October 31, 2008An MSNBC story today talks about a big rush by the administration to push through a raft of new regulations loosening restrictions on such matters as pollution and consumer safety. Here are the opening paragraphs. Please click the link to read the entire story...
Camera Lets You Spy On Your Teenage Driver
Posted on October 28, 2008I just wrote a few days ago about making it easier for people to snitch on your teenage driver. Now here's a story from the Washington Post about actually installing a camera inside your car so you can spy on your kid yourself.Here are excerpts:Ken Richardson does not have to ride in his 17-year-old daughter's Ford Escort to know when she takes a turn too fast...
Featured Link - BrowserShots.org
Posted on October 27, 2008If you maintain a Web site, you should know how it looks in different browsers. Although most people use Internet Explorer, more and more are using Firefox, Safari, or any of a dozen others. One Web site that lets you see how your own site appears in different browsers is BrowserShots...
Heart Device Maker Thoratec Recalls Implant
Posted on October 27, 2008The Associated Press reports that heart device maker Thoratec is recalling certain implants after five patients who used these implants have died. Only certain batches of the device have been recalled. The apparent defect is an electrical wire that needs to be replaced...
Featured Link - LawyerSuccessClub.com
Posted on October 25, 2008My friend, Maryland attorney Steven Heisler, has launched the Lawyer Success Club Web site. The site is new, and Steve is still building up content, but it shows great promise. If you're a personal injury lawyer, check it out. Membership is free. Here is the description from Steve:It's like having your own P...
Friday Fun
Posted on October 24, 2008I may not be perfect at punctuation, but I'm better than most. Maybe that's why I "love" the "Blog" of "Unnecessary" Quotation Marks.
Featured Link - CoverTheUninsured.org
Posted on October 24, 2008Those of us who represent personal injury clients and Social Security disability claimants have to see every day the problems caused by lack of health insurance. Regardless of your politics, no one can argue that our country wouldn't be better off if everyone had some type of health insurance...
Disturbing Study Warns Of Dangers Of Approved Medications
Posted on October 23, 2008The American Association for Justice has issued this news release: Study indicates many biological medicines trigger safety warnings after coming on the market. USA Today (10/22, Rubin) reports that about "one in four recently approved products in a relatively new class of medicines needed some type of regulatory action because of safety issues that arose after they came on the market," according to a study published in the Oct...
Featured Link - CaringBridge.org
Posted on October 23, 2008One of the unfortunate aspects of representing Social Security disability clients is that many of them become gravely ill during the course of representation. We do what we can to help them, but of course we can't offer the kind of comfort and support that personal friends and family can offer...
Computer Crash Hinders Texas Attorney General's Medicaid Fraud Case
Posted on October 23, 2008According to the Dallas Morning News, the Texas Attorney General has hit a major speed bump in his investigation into Medicaid fraud in Texas, and all because of a computer crash and a failure to backup data. Let this be a lesson to all of us - back up your computer now! A massive computer crash that destroyed hundreds of the state attorney general's confidential documents may prevent scores of Medicaid fraud prosecutions and has revealed serious problems with a newly expanded state outsourcing of computer services...
Chantix And Heparin Lead Reports Of Serious Drug Reactions
Posted on October 23, 2008The Dallas Morning News today has an alarming story about the dangers of the prescription drugs Chantix and Heparin. Here are excerpts:Previous research from ISMP has shown that serious drug safety problems reported to the FDA increased markedly from 1998-2005...
Featured Link - ReportMyTeen.com
Posted on October 22, 2008Do you want to make it easy for people to snitch on your teenage driver? If so, ReportMyTeen will do the job for you. In a nutshell, you sign up for a cheap annual subscription, you get a bumper sticker like you see on big trucks - Report Bad Driving - with a phone number, and then ReportMyTeen tells you about any calls they receive...
Delta Recalls Nearly 1.6 Million Cribs Linked To Infant Deaths
Posted on October 21, 2008Today's Wall Street Journal reports: "Children's products maker Delta Enterprise Corp. will announce a recall [today] of 1.59 million cribs linked to two infant deaths, the company said, continuing a string of recent recalls of cribs and bassinets involving other manufacturers...
Featured Link - WorldMapper
Posted on October 20, 2008This should be a Friday Fun post, but sometimes we need to waste time on Mondays too, right? WorldMapper shows distorted global maps weighted by birthrate, religion, and many other categories. If you like maps and trivial information, you'll enjoy this site...
Friday Fun - Bonus
Posted on October 17, 2008This is blatantly political, so I'll include it as a bonus Friday Fun. Be sure to mouse over everything and click when you see the hand. Check out PalinAsPresident.
Friday Fun
Posted on October 17, 2008This great video features a former Dallas Mavericks player getting "schooled" in the tactics of street basketball. The great move comes about 1:30 into the video.
Social Security Administration Releases 2009 COLA Numbers
Posted on October 17, 2008Based on the increase in the Consumer Price Index (CPI-W) from the third quarter of 2007 through the third quarter of 2008, Social Security and Supplemental Security Income (SSI) beneficiaries will receive a 5.8 percent COLA for 2009. Other important 2009 Social Security information is as follows: Tax Rate 2008 2009 Employee 7...
Finally, Seat Belts Required On Small School Buses
Posted on October 16, 2008As reported by the Associated Press, we finally have a federal rule requiring harness-style seat belts on small school buses. Another part of the rule requires higher seat belts on larger buses, but does not require seat belts on those buses. Unfortunately, the rule does not take effect until 2011...
Early Voting Locations In Dallas County
Posted on October 15, 2008Here's the link to all the early voting locations in Dallas County. If you're registered, and if you've educated yourself on the candidates' positions, please go vote. It's much faster and easier to vote early than to wait until the crowd hits on election day...
Featured Link - Dallas County Most Wanted List
Posted on October 15, 2008I made sure I wasn't on this list before posting the link. It's a list and a search engine for finding out who owes the most money in fines and fees to Dallas County. If you live here, you better check to be sure you're not listed!
Featured Link - Universal Declaration of Human Rights
Posted on October 13, 2008I'm not sure how anyone could disagree with the statements in the Universal Declaration of Human Rights, but even if you do, you'll still appreciate the beautiful video representation of the words in this declaration. Enjoy.
Friday Fun
Posted on October 10, 2008My thanks to Tom Mighell for pointing out this simplest weather forecast site in Internet history: Umbrella Today.
U.S. Chamber Of Commerce Created Current Financial Crises?
Posted on October 09, 2008This thought-provoking press release is from the American Association for Justice: U.S. CHAMBER CREATED CURRENT FINANCIAL CRISIS, NEW REPORT SAYS Filings show AIG paid U.S. Chamber $23M to eliminate oversight and accountability WASHINGTON, DC?The current financial crisis was caused by U...
Featured Link - RxList.com
Posted on October 08, 2008I haven't list a prescription drug Web site in quite a while, but new ones keep appearing and the older ones keep improving. One good one is RxList.com. Here's information from their About page:RxList.com - Owned and Operated by WebMD and part of the WebMD network...
Older Or Disabled Clients Have Health Care Insurance Options
Posted on October 07, 2008Many of our older or disabled clients become understandably confused by their health care insurance choices. One company that offers help in this area is Informed Choice. They offer side-by-side comparisons between your health policy and others available...
Featured Link - Presidential Election Maps Through History
Posted on October 06, 2008In this political season I can't seem to go more than a few hours without checking the latest polls and projections. And now I've found a Web site that lets me look at electoral maps all the way back to 1789. This is really interesting stuff If you're a political junkie like I am...
Uninsured Texas Drivers Warned Of Expanded Verification Program
Posted on October 06, 2008I've written before about the Texas pilot program to finally begin enforcing the state's mandatory auto liability insurance coverage requirement. This program is now being rolled out statewide after a long test run in Austin. Here are some details from an article in the Dallas Morning News: The program relies on a database containing the names of all insured drivers and their insurance companies ? matched to their license-plate numbers and VINs...
New Video About Our Embarrassing Texas Supreme Court
Posted on October 05, 2008The consumer advocacy group Texas Watch has a new video out about the Texas Supreme Court, and its pro-business agenda. The video is called Supremely Embarrassing.
Friday Fun
Posted on October 03, 2008GraphJam is an odd little site consisting of nothing but charts and graphs of all types purporting to show various cultural statistics. Sound boring? No, it's pretty funny. Check it out.
It's Not Too Late To Register To Vote
Posted on October 03, 2008It's not too late yet, but it will be in just a couple of days. Texas voters must register by October 6, 2008, in order to vote in the November 4 Presidential election. You can register to vote online here. Please, go now, register, learn about the issues, and vote on November 4.
Florida Sues Merck For Deceptive Marketing Of Vioxx
Posted on October 02, 2008As reported in the South Florida Business Journal, Florida Attorney General Bill McCollum has filed suit against Merck & Co. for alleged deceptive marketing and promotion of the prescription drug Vioxx. Here are excerpts from the article: The lawsuit claims that Merck repeatedly failed to disclose the drug?s adverse effects while offering it to the state?s Medicaid program as a safe painkiller, in direct violation of Florida?s Deceptive and Unfair Trade Practices Act...
Nursing Homes Get Grim Review In Federal Report
Posted on October 01, 2008The Dallas Morning News reported on a disturbing study of nursing homes that found more than 90 percent were cited for violations of federal health and safety standards last year, and that for-profit homes were more likely to have problems than other types of nursing homes...
Social Security Administration Admits Challenges
Posted on September 29, 2008In a recently announced "Strategic Plan Fiscal Years 2008 - 2013" the Social Security Administration lists the challenges the agency faces. I agree with this list, although I might add a couple of items to it. The Social Security Administration's service to our clients is deteriorating, which is bad for our clients and bad for our law firm...
Friday Fun
Posted on September 26, 2008I guess this site could be more useful than funny, depending on your circumstances at the moment, but I think it's pretty humorous. It's for people who need to locate a public toilet. You'd better plan ahead unless you have a smart phone that will let you access the Internet as you're walking or driving around.
Featured Link - Real Car Prices
Posted on September 25, 2008The Web site RealCarTips can be useful for anyone considering the purchase of a new car. The site lists what they say are the actual prices paid for certain new models in different parts of the country. I can't vouch for the accuracy of the prices here, but if I were about to buy a new car, I'd sure check this site first...
Today Is National Punctuation Day!
Posted on September 24, 2008Punctuation is a subject near and dear to my heart, and I'm thrilled that today is officially National Punctuation Day. Visit the Web site and get all your questions about commas and semicolons answered. Nat
Lawyers Inner Circle Management And Marketing Conference
Posted on September 24, 2008I've just finished day one of a three-day legal marketing and management conference put on by Lawyers Inner Circle. Like each of the other Lawyers Inner Circle conferences I have attended over the past few years, this one is excellent. I very highly recommend this group to any personal injury lawyer...
Featured Link - Family Caregiver Alliance
Posted on September 23, 2008The Web site of the Family Caregiver Alliance is a very good resource for people who are responsibile for loved ones who are disabled or otherwise unable to care for themselves. Here you'll find articles, tips, and links to other sites. This is the mission statement of the Alliance:Family caregiving is typically at the core of what sustains frail elders and adults with disabilities, yet caregivers often make major sacrifices to help loved ones remain in their homes...
Don't Get Hooked By Consumer Fraud
Posted on September 22, 2008This article is excerpted from the portion of the Web site of the Texas Attorney General devoted to protecting senior citizens. But the information is important and relevant to people of all ages. These scams can occur in person or by telephone, but these days are much more likely to pop up on the Internet...
New York Railroad Gives Disabled Workers A Bad Name
Posted on September 21, 2008A disturbing story about disabled railroad workers appeared today in the New York Times. The implication of the article is that many, if not most, of the retired employees of the Long Island Rail Road are faking disability claims. The sad thing is that the Times appears to be correct...
Federal Regulations To Be Updated For Construction Cranes
Posted on September 20, 2008The Associated Press reports that for the first time since 1971 the federal government is to update building crane regulations and will require crane operators nationwide to pass a certification test. This change by the U.S. Department of Laborfollows deadly accidents in several U...
Friday Fun
Posted on September 19, 2008I love optical illusions, and this is a good collection of optical illusions. For some of them you need to click the link to the original site to get the full benefit. Enjoy!
Opposition Strong To Legislation For Charter Bus Seat Belts
Posted on September 18, 2008That was the headline of a story in the Dallas Morning News today. This issue seems like such a no-brainer to me that I cannot comprehend how our legislators can manage to keep avoiding passing a law requiring seat belts on buses. How many deaths and injuries have to occur before someone takes action? Excerpts of the article are below...
Sleep Disorders And Social Security Disability
Posted on September 18, 2008Many people suffer from various sleep disorders. The Social Security Administration recognizes a variety of causes for sleeping disorders including: Sleep Apnea, Bi-Polar Disorder, and Narcolepsy. The first listing is 3.10 for Sleep Related Breathing Disorders...
Please Help Lawyers Affected By Hurricane Ike
Posted on September 16, 2008This notice is from the State Bar of Texas. Please help if you can.Dear Texas attorney, Hurricane Ike has devastated our Gulf Coast. Twenty-nine Texas counties have been declared disaster areas eligible for FEMA relief. Galveston, Jefferson, and Orange counties were hit particularly hard...
ATLAS Marketing And Management Conference
Posted on September 15, 2008I want to thank Pennsylvania attorney Chris Munley for inviting me to be a speaker at the ATLAS conference last week in Phoenix. The conference was a tremendous success (in spite of the fact that I was a speaker), and I think all the participants enjoyed it greatly...
Featured Link - WhyVoteNow.org
Posted on September 13, 2008WhyVoteNow.org is a nonpartisan project to register voters and encourage them to actually cast a ballot. It's shameful how many Americans don't exercise their hard-won right to vote. Whatever your political affiliation, please register and vote this November...
Friday Fun
Posted on September 12, 2008Here's a retail products Web site that had a very clever programmer with a good sense of humor. Give it a couple of seconds to start, and be sure your speakers are turned on.
Featured Link - LemonJustice.com
Posted on September 11, 2008I've written before about the Lemon Meter at LemonJustice.com. It's a very slick feature. But this whole site is worth checking out. It's a legal blog, written by Connecticut attorney Sergei Lemberg and others at his law firm. The site covers auto "lemon laws" throughout the country...
Featured Link - HandicappedFraud.org
Posted on September 10, 2008One thing that angers and irritates many of us is the fraudulent use of handicapped parking spaces. So many people have access to real or counterfeit handicapped placards that I've become suspicious of almost anyone parked in a handicapped spot these days...
Featured Link - WorldOfGood.com
Posted on September 09, 2008I'm not quite sure what to make of this site yet, but I think their intentions are admirable. eBay has spun off a separate site called WorldOfGood, supposedly for people to sell earth-friendly or otherwise well-intentioned products. It's worth a look...
What To Do When An Elderly Driver Is A Safety Risk
Posted on September 08, 2008Newsweek recently ran an excellent article about elderly drivers, and the warning signs that they may be a risk to their own safety or to the safety of those around them. The subtitle of the article was "A roadmap for when you see signs that your elderly parent isn't capable of driving safely...
Texas Cheerleading Accidents May Fly Under The Radar
Posted on September 05, 2008I've written before about the dangers of cheerleading in high schools. It's the leading cause of sports injuries to young girls. Now the Dallas Morning News has a new story about this. The article is lengthy and well-written. I recommend it to parents of high school kids...
Friday Fun
Posted on September 05, 2008Breaking political news: Barack Obama is apparently the son of two fathers!
Featured Link - Celiac Disease Awareness Campaign
Posted on September 04, 2008Celiac disease is a hereditary allergy to gluten. In its worst forms it can be crippling. But more and more doctors are becoming aware of this disease and making proper diagnosis of it in their patients. Until only a few years ago, the symptoms frequently went undiagnosed...
Simplicity Bassinets Cause Two Infant Deaths
Posted on September 03, 2008The Consumer Product Safety Commission has issued a warning regarding the use of Simplicity bassinets, which have caused the deaths of two infants, but are not being recalled by the manufacturer. Here is the text of the press release:Infants Strangled to Death in Simplicity Bassinets: CPSC Urges Consumers To Stop Using Simplicity 3-in-1 and 4-in-1 Convertible ?Close-Sleeper? Models WASHINGTON, D...
More Motorcycles Equal More Motorcycle Collisions
Posted on September 03, 2008Here's an obvious conclusion from a Dallas Morning News article about motorcycle collisons: the more motorcycles that are on the streets, the more motorcycles that will be involved in collisions. This statistic is showing up in the Dallas suburb of Richardson...
Crashes involving elderly fall; year-old Katie's law may change
Posted on September 02, 2008A Dallas Morning News article details a drop in auto collisions involving elderly drivers since new laws were passed regarding licensing restrictions applied to drivers aged 79 or older. The modest drop in accidents may have advocates calling for more restrictions on elderly drivers...
Friday Fun
Posted on June 13, 2008So who knew spam e-mail could be so much fun? The German artist at A-Spam-A-Day makes cartoons from spam messages. Some are a bit risque, but all are cute. Check it out.
Featured Link - Merriam Webster Visual Dictionary Online
Posted on June 12, 2008My thanks to my friend Matt Homann for this site ? the Merriam Webster Visual Dictionary Online. It's a dictionary that not only gives you definitions, but also illustrations of terms or concepts. Take a look, for example, at the definition of the word court...
We Must Protect Patients' Rights
Posted on June 11, 2008This letter to the editor was published in the online version of the Wall Street Journal today A few years back, insurance lobbyists rammed through legal changes that were designed to severely limit the legal rights of Texas patients. We heard high-falutin' rhetoric promising dramatic improvements in the cost, quality and access of health care in our state...
Featured Link - DriverSide.com
Posted on June 11, 2008Driverside.com is an interesting, and potentially very useful Web site. It's in beta testing now, but seems to be working well. You enter your car's make and model, and the Web site will give you tons of information ?everything from current value to maintenance schedules...
Social Security Recipients Can Get Their Monthly Payments On Debit Cards
Posted on June 10, 2008As reported in the Dallas Morning News today, the Social Security Administration is going to make life a little easier, and cheaper, for Social Security recipients. As the system stands now, recipients of retirement or Social Security disability benefits can get their monthly payments directly deposited electronically into their bank accounts...
Featured Link - Muscular-Skeletal Flash Cards
Posted on June 04, 2008Can you remember when flash cards were used just for teaching kids about colors and animals? That was then, this is now. Here are some flash cards to help you remember your muscular-skeletal abbreviations.
Epilepsy And Social Security Disability Benefits
Posted on June 02, 2008Over the years, quite a few of our Social Security disability clients have had epilepsy as a component of their disabilities. Epilepsy is a common disorder of the neurologic function of the brain. It is primarily characterized by recurrent, unprovoked seizures...
In Throwing Out Verdict, Houston Appellate Court Usurps Role Of Trial Judge And Jury
Posted on June 01, 2008The Houston Chronicle ran an interesting commentary this weekend about the Houston Court of Civil Appeals overturning a plaintiff victory against Merck, Inc. in a Vioxx lawsuit. The gist of the article is that the appeals court has taken the place of the judge and jury...
Friday Fun
Posted on May 30, 2008OK, I don't know what the name of this game, Doeo, means, and I don't really understand the details. I just know it's kind of fun to click on all the "doeos" that pop up. Check it out.
Uninsured Drivers' Cars Will Soon Be Towed In Dallas
Posted on May 29, 2008In keeping with the laws of several suburbs, the City of Dallas has now voted to tow the cars of drivers who cannot produce proof of auto liability insurance after a traffic stop. The vote was divisive, along racial lines, with opponents arguing it places an undue burden on lower-income residents...
Iraq Veterans Suffer Increase In Post Traumatic Stress Disorder Injuries
Posted on May 29, 2008The Chicago Tribune reports an increase in the number of post traumatic stress disorder injuries suffered by military personnel in Iraq, coinciding with the "surge" in troop strength. This is doubly tragic for our brave vets ? they suffer terrible injuries, and then we mistreat them by failing to provide proper diagnosis and treatment in our medical facilities...
Featured Link - ChunkIt! Web Search Assistant
Posted on May 28, 2008I got an e-mail ad for this product, and it actually looks as if it might be helpful for Internet searches. Here's a quote from the ad: It's called ChunkIt and it's a FREE browser search tool you can add to your Web page to make searching easier on every Web site...
Yes, It Really IS This Bad In Texas
Posted on May 28, 2008When I talk with personal injury lawyers who practice outside Texas, they sometimes think I'm exaggerating when I tell them how hard it is for injured claimants to win a case here. No, I'm not exaggerating. My evidence is a decision rendered today by the Court of Appeals, Fifth District of Texas at Dallas...
Featured Link - Body Mass Index Calculator
Posted on May 27, 2008Many of our Social Security disability claimants are hindered by obesity. While this alone will not be enough to qualify them for Social Security disability benefits, it can be a contributing factor. There has been much publicity recently about the latest method of determining whether a person is at a healthy weight level...
Please Remember The Meaning Of Memorial Day
Posted on May 26, 2008Whatever else you may be doing on this Memorial Day holiday, please remember to thank the military men and women who are currently serving this nation, or who have served in the past. This is from MemorialDay.com: Over the past century, more than 35 million men and women answered the call to arms in World War I, World War II, Korea, Vietnam, the Persian Gulf, Iraq, and countless unnamed military engagements...
Friday Fun
Posted on May 23, 2008Aoccdrnig to rscheearch at Cmabrigde Uinervtisy, it deosn't mttaer in waht oredr the ltteers in a wrod are, the olny iprmoetnt tihng is taht the frist and lsat ltteer be at the rghit pclae. The rset can be a toatl mses and you can sitll raed it wouthit porbelm...
Texas Panel Calls For State Oversight Of PPO Health Insurance Plans
Posted on May 23, 2008As reported in the Dallas Morning News, the Texas Sunset Advisory Commission said the lack of state authority over PPOs is "outdated" in the current health care environment and may result in harm to a large number of consumers if the situation remains unchanged...
Merck Agrees To $58M Settlement Over Vioxx Ad Claims
Posted on May 21, 2008As reported in the Dallas Morning News, Merck & Co. is paying $58 million as part of a multistate settlement concerning advertising of the now-withdrawn painkiller, Vioxx. Here are excerpts: The settlement announced Tuesday addresses allegations that Merck's advertising deceptively downplayed the health risks of Vioxx...
Featured Link - All My Faves
Posted on May 20, 2008All My Faves is a handy site that shows icons for dozens of the Internet's most popular Web sites. No more searching required ? just go here and click on whatever you're looking for.
Possibility Of Fires In Ford Windstar Vans
Posted on May 20, 2008According to Reuters, the U.S. government is investigating complaints about fires in Ford Motor Company Windstar minivans that may be related to a defective switch that has been recalled in millions of other Ford vehicles. Here are details: The National Highway Traffic Safety Administration (NHTSA) opened a preliminary investigation on May 13 into 130 complaints alleging engine compartment fires in Windstar vehicles...
Test post from Blogo for preview
Posted on May 20, 2008This is a test post sent by Blogo in order to generate a preview template. It should be deleted shortly.
Google Wants Your Medical Records ? How Trusting Are You?
Posted on May 19, 2008I actually like the idea of having a place online where I can store my medical records. It would be very handy to have everything in one spot. I hate going to a new doctor and trying to remember all the other doctors I've seen, medications taken, dates of surgery, etc...
Google Wants Your Medical Records ??? How Trusting Are You?
Posted on May 19, 2008I actually like the idea of having a place online where I can store my medical records. It would be very handy to have everything in one spot. I hate going to a new doctor and trying to remember all the other doctors I've seen, medications taken, dates of surgery, etc...
Friday Fun
Posted on May 16, 2008MindHabits is not just a game ? it's a productivity tool, stress reducer, and confidence booster. Here's the description from the Web site: MindHabits is based on new scientifically tested tools published in a journal of the American Psychological Association that help players reduce stress and boost self confidence and esteem using principles from social intelligence research...
TV Report Shows Proposition 12 Claims Overblown
Posted on May 16, 2008An investigative report by KDFW reviewed the impact of legal changes made in 2003 that stripped patients of their legal right to hold a negligent doctor accountable. The report found that there was no glut of claims filed before 2003, that Texas has not seen a dramatic increase in the number of physicians, and that insurers are the only true beneficiaries...
Isn't The Smart Car Cute?
Posted on May 15, 2008This is definitely not an endorsement of this tiny vehicle, but I just love the looks of the Smart ForTwo car. I've seen several in Dallas, and had a chance to examine a couple of them up close. They so much smaller than a Cooper that it's startling. And the Smart Car Web site is almost as cute as the car itself.
Allstate Gets Away With Overcharging Texas Homeowners
Posted on May 15, 2008The Dallas Morning News reports that Allstate Insurance Company has reached a settlement agreement with the Texas Department of Insurance that will allow Allstate to keep more than $19,000,000 in premiums it allegedly overcharged Texas consumers. The settlement agreement does require Allstate to repay more than $51,000,000 in overcharges...
Texas Vioxx Verdict Overturned
Posted on May 15, 2008Vioxx plaintiffs were dealt a blow yesterday when a Texas appellate court overturned a 2006 jury verdict. The verdict was rendered against Merck in the amount of $32,000,000. This was automatically reduced under Texas law, but has now been reversed completely because the San Antonio appellate court said there was legally insufficient evidence to support the state court verdict, and that the plaintiff's family failed to rule out the man's pre-existing heart condition as a cause of his fatal heart attack...
Justice For Sale In Texas?
Posted on May 13, 2008That's the shocking headline of a story by Houston's KHOU TV station. The story concerns political contributions to the justices on the Texas Supreme Court, and how those contributions might give the appearance of influencing judicial decisions. Watch the video.
Friday Fun
Posted on May 09, 2008Is anyone else out there old enough to remember using carbon paper, dialing a rotary phone, using a manual choke control to start your car in the winter, or using a CP/M language office computer? You can relive those and other old memories at the ObsoleteSkills Web site...
"Credibility Problem" Of The Texas Supreme Court
Posted on May 09, 2008The Dallas Morning News published an editorial today regarding the credibility problem of our current Texas Supreme Court. The newspaper is definitely right in saying the Court has a credibility problem, but the paper is misinformed in one of its statements, and in my opinion is wrong in its suggested solution...
Texas May Actually Punish Uninsured Motorists (Finally)
Posted on May 08, 2008As reported in today's Dallas Morning News, Texas may actually start getting serious about punishing uninsured motorists. Of course, I'll believe that when I see it happen. For many years, it has been against the law to operate a motor vehicle in Texas without complying with the financial responsibility act ? basically either showing proof of liability insurance or putting up a bond to be self-insured...
Featured Link - American Association Of People With Disabilities
Posted on May 07, 2008The American Association of People With Disabilities (AAPD) is just what it sounds like ? an organization of and for people with disabilities. There are some good resources and tips here. Here is their description: AAPD is the largest national nonprofit cross-disability member organization in the United States, dedicated to ensuring economic self-sufficiency and political empowerment for the more than 50 million Americans with disabilities...
Friday Fun
Posted on May 02, 2008Here's yet another silly game from Tom Mighell. This one is all about popping balloons with darts, and like Tom says, it IS addicting. I'm stuck on level 37 right now. Can anyone help me?
Workers' Health Insurance Costs Soar
Posted on April 30, 2008Yesterday's Los Angeles Times had a good article on the outrageous cost of health insurance, especially relative to inflation. As a small-business owner, I struggle with this issue every year. Each time we come up for renewal, I am forced to increase our deductibles or reduce our benefits in order to keep the costs of premiums at a manageable level...
One More Post About Minimum Auto Insurance Limits
Posted on April 29, 2008This is the official news release from the Texas Department of Insurance about the recent increase in auto liability limits: Minimum Auto Liability Insurance Limits to Increase on April 1 AUSTIN ? The minimum amount of automobile liability insurance Texas drivers are required to carry for bodily injury/property damage will increase on April 1 from the current $20,000/$40,000/$15,000 (?20/40/15?) coverage to ?25/50/25? coverage...
Studies On Chemical In Plastics Questioned - FDA
Posted on April 27, 2008The Washington Post has an article today that illustrates the fallacy in the current trend of the Bush administration and the U.S. Supreme Court to push the doctrine of "preemption." This is the legal theory that basically states if a federal agency approves a product, then consumers are forbidden to file any claims for damages caused by that product...
Featured Link - FoodSafety.gov
Posted on April 26, 2008There have been so many food recalls lately that some of us are losing weight just worrying about the safety of what we eat. The federal government has a site filled with information about food safety. There's lots of good stuff here. Here's the description from the site: FoodSafety...
Friday Fun
Posted on April 25, 2008Are you having a really bad day at the office? Do you feel like freaking out and trashing your cubicle? The good news is that you don't have to do that in reality ? you can do it virtually, at CubicleFreakout.
Featured Link - Web 2.0 Directory
Posted on April 24, 2008Are you one of those baffled by all the talk of Web 2.0? Here's the Wikipedia definition: Web 2.0 is a trend in the use of World Wide Web technology and web design that aims to facilitate creativity, information sharing, and, most notably, collaboration among users...
"Fatal" Mistakes Social Security Disability Clients Make
Posted on April 24, 2008This is a short list of mistakes we have seen our clients make over the years. Whether you are our client, another lawyer's client, or simply trying to represent yourself in a claim for Social Security Disability benefits, you should read this list carefully and maybe you can avoid making one of these "fatal" mistakes...
Reminder - Texas Auto Liability Minimum Limits Raised
Posted on April 23, 2008I've written before about the woefully low minimum automobile liability insurance limits in Texas, and how they were going to changed in April 2008. Well, the time has finally come, and as of April 1, the minimum insurance requirements were increased under the Texas Motor Vehicle Safety Responsibility Act...
Featured Link - Internet Crime Complaint Center
Posted on April 22, 2008The federal government has a Web site where you can report all those Internet scam e-mails you get every day. Not that it will do any good, but maybe you'll feel better after complaining. Here's the explanation from the Internet Crime Complaint Center: The Internet Crime Complaint Center (IC3) is a partnership between the Federal Bureau of Investigation (FBI), the National White Collar Crime Center (NW3C), and the Bureau of Justice Assistance (BJA)...
Average Processing Times For Social Security Disability Claims
Posted on April 21, 2008The list of the most recently available average processing times for Social Security disability claims throughout the nation has been published by NOSSCR. The Dallas and Forth Worth offices rank closer to the top than to the bottom, but processing times across the country are abysmal and unfair to claimants...
Friday Fun
Posted on April 18, 2008Do you like computer games where you have no chance of winning? How about quizzes that make you feel stupid? You like both those things? Then you'll just love The Impossible Quiz 2!
Featured Link - Case Management Resource Guide
Posted on April 15, 2008The Case Management Resource Guide is an online listing of over 100,000 individual medical facilities, programs, companies, and organizations. The site is sponsored by Wyeth Pharmaceuticals.
Allstate Insurance Releases Documents As Ordered By Florida Court
Posted on April 14, 2008I've written several times now about Allstate Insurance being banned from writing new policies in Florida until they released certain court-ordered documents. Allstate has now released those documents online. This is going to be deathly dull to almost everyone except a few interested parties, but I'm sure there will be some juicy little nuggets that will come to light eventually...
Co-Payments For Expensive Drugs Soar
Posted on April 14, 2008Today's New York Times carries a story about the rising costs of prescription drugs ? even for people who have health insurance. The gist of it is that insurance carriers are raising the co-pay amount for the most expensive and popular drugs. Here are excerpts: Health insurance companies are rapidly adopting a new pricing system for very expensive drugs, asking patients to pay hundreds and even thousands of dollars for prescriptions for medications that may save their lives or slow the progress of serious diseases...
Beware Of A "Rootkit" Virus
Posted on April 14, 2008These new rootkit viruses are driving people nuts. Here's a quick tip from Tom Mighell's Internet Legal Research Weekly: Viruses are tricky, but rootkits are especially diabolical. A rootkit is a program that digs deep to the root of your computer, and hides itself there...
Friday Fun
Posted on April 11, 2008Here's a game that's right from the headlines ? try to snuff out the Olympic Torch to show your solidarity with Tibetan protesters!
Allstate Is Again Banned From Writing Policies In Florida
Posted on April 09, 2008In the continuing saga of Allstate Insurance and the State of Florida, the latest news is that Florida's First District Court of Appeals has overturned a lower court ruling, and has reinstated the prohibition on Allstate writing new insurance policies...
Drug Makers Near Old Goal: A Legal Shield
Posted on April 08, 2008I wrote recently about the legal doctrine of pre-emption that is threatening to steal legal rights from American consumers. Now the New York Times has published a lengthy but excellent article on the subject of the legal shield sought by drug manufacturers...
Arthritis And Social Security Disability
Posted on April 07, 2008According to the Arthritis Foundation, more than 27 million people are effected by Osteoarthritis and another 1.3 million people live with rheumatoid arthritis. These people can be your parents, your siblings, or even you! Arthritis is broken up into two listings by Social Security...
Disabled Often Wait Years For Social Security Disability Payments
Posted on April 06, 2008The Dallas Morning News today published an article decrying the absurd delay between the time a disabled person files for Social Security disability benefits and the time an Administrative Law Judge finally makes a decision on the claim. Here are excerpts from the article, headlined "Disabled often wait years for Social Security payment": Now that most of the nation's 78 million boomers have entered their prime years for illnesses and disabilities, they're flooding Social Security with claims and creating an unprecedented backlog...
Featured Link - Public Library Of Law
Posted on April 05, 2008The Public Library of Law bills itself as the world's largest free law library. For lawyers on a budget, or motivated non-lawyers, it's a great resource. Here's the site's description: Searching the Web is easy. Why should searching the law be any different? That's why Fastcase has created the Public Library of Law -- to make it easy to find the law online...
Telemarketers Losing Access To Texas Crash Victims' Phone Numbers
Posted on April 04, 2008The Dallas Morning News reports today that the state is taking at least one small step toward protecting auto accident victims from unauthorized and sometimes illegal solicitation from medical clinics, body shops, and lawyers. As is, anyone who is involved in a collision in Dallas is exposed to literally dozens of phone calls offering free X-rays, free property damage estimates, and worst of all, legal representation...
Friday Fun
Posted on April 04, 2008It's hard to avoid politics in an election year, and not much about politics these days is fun. But a new Web site, SexyPolitics.com, certainly fills a unique niche. It's really an educational site, with various political quizzes to test your knowledge...
Frivolous Disability Claims Are Overloading The Social Security Disability System
Posted on April 03, 2008Lawyer who represent Social Security disability claimants have always known that the disability system is clogged up with frivolous claims. People, for one reason or another, who file a Social Security disability claim when they know they don't qualify...
April 2nd Is World Autism Awareness Day
Posted on April 02, 2008Today is World Autism Awareness Day. One of many good resources for family members of those with autism is the AutismSpeaks Web site. Here are excerpts from the Wikipedia entry on autism: Autism is a brain development disorder that impairs social interaction and communication, and causes restricted and repetitive behavior, all starting before a child is three years old...
Duck And Cover In Case Of Atomic Attack!
Posted on April 01, 2008I promise I was doing some actual legal research yesterday when I somehow was redirected to this YouTube video. Then it seemed strangely appropriate for April Fool's Day. The video is about "Duck and Cover" in case of atomic attack. It was made in 1951...
Consumers Beware - Pre-emption By Preamble Steals Your Legal Rights
Posted on March 31, 2008Recent actions by federal regulatory agencies, combined with a U.S. Supreme Court decision are extremely troubling to consumer advocates. The gist of the problem is that federal agencies under the Bush administration are taking the stance that their rules trump state court verdicts...
Government Now Helps Patients Compare Hospitals
Posted on March 29, 2008The U.S. Department of Health & Human Services has just published a Web site that allows citizens to compare patient satisfaction with various hospitals. The site was described in a Dallas Morning News article today. Here are excerpts: For the first time, the agency that runs Medicare and Medicaid posted online information (at hospitalcompare...
Featured Link - The American Chronic Pain Association
Posted on March 27, 2008The American Chronic Pain Association has a great deal of information and resources on their Web site. Many of our personal injury clients and Social Security disability claimants must deal with chronic pain for long periods of time, and sites like this help our clients cope with their pain...
Roadside Assistance On Texas Highways
Posted on March 26, 2008Have you received an e-mail saying that the Texas Department of Public Safety offers free roadside assistance and that the phone number is on the back of your Texas driver license? That's sort of true, but not exactly. If you have a roadside problem (NOT an emergency like a major car wreck), you can call that number on the driver license and DPS will pass along your information to the nearest local authorities, who may or may not offer roadside assistance...
Danger Ahead For The Social Security System
Posted on March 25, 2008According to a CNN story today, Treasury Secretary Henry Paulson is warning about the same dangers I mentioned in a January post on this blog ? we're about to run out of money for Social Security and Medicare. Here are excerpts from the article: Treasury Secretary Henry Paulson, saying that Social Security is "financially unsustainable," called Tuesday for quick action to keep the system strong and released a report detailing the program's funding shortfalls...
Health Insurance Companies Cut Back On Medical Tests - Does This Help Or Hurt Patients?
Posted on March 24, 2008The Associated Press is running a story today in papers across the country, documenting cutbacks health insurance companies are making in the number of medical tests they approve. Actually, the carriers are requiring pre-approval for more and more tests, which has the effect of cutting back on the total number...
Friday Fun
Posted on March 21, 2008This Shift game has great potential, but I'm awful at it. Someone do well, and tell me how you did it.
Featured Link - NoEthics.net
Posted on March 20, 2008The Web site NoEthics.net is interesting, to say the least. It reports information on lawyers, judges, and legislators deemed by the site's author to be unethical. I applaud this effort, and wish there was more public awareness of such ethical lapses as mentioned on this site...
Featured Link - SearchSystems.net
Posted on March 20, 2008SearchSystems.net is a great collection of searchable databases. You can get access to many of them for free, but for less than $50 per year you can have full access to more than 40,000 searchable databases that contain tons of information about you that you thought was private...
Featured Link - Texas Fights I.D. Theft
Posted on March 19, 2008The State of Texas, though the Attorney General's office, has put up a good new Web site about how to fight I.D. theft -- the nations's fastest-growing crime. Check out this site. You'll find some good tips and resources there.
Peripheral Arterial Disease
Posted on March 18, 2008Arteries carry blood from the heart to the body. In some cases a person?s blood pressure can be too low to push the blood through the extremities. This problem is most commonly found in the lower extremities. When the blood supply is cut off or severely restricted to a body part, that part of the body ?dies? and gangrene can set in, which can eventually lead to amputation...
Peripheral Arterial Disease And Social Security Disability
Posted on March 18, 2008Arteries carry blood from the heart to the body. In some cases a person???s blood pressure can be too low to push the blood through the extremities. This problem is most commonly found in the lower extremities. When the blood supply is cut off or severely restricted to a body part, that part of the body ???dies??? and gangrene can set in, which can eventually lead to amputation...
Friday Fun
Posted on March 14, 2008If you enjoyed those terrible 1970's photos from Olan Mills in an earlier post, you'll love the pages from a 1977 J.C. Penney catalog. Thanks to my friend Mark Merenda for this link
ABA Techshow Is Finally Here!
Posted on March 12, 2008It's Wednesday night before Techshow begins Thursday morning with a welcome from this year's Chair, my friend Tom Mighell. Having Tom as Chair of ABA Techshow surely means the 2008 conference will be even bigger and better than the other dozen or more that I've attended...
Disorders Of The Spine And Social Security Disability
Posted on March 07, 2008Many people have back pain. According to the American Chiropractic Center at least 80% of people will suffer from some sort of back pain. Back problems are generally covered by Social Security Listing 1.04 for ?Disorders of the Spine.? The listing covers three causes of back pain...
Friday Fun
Posted on March 07, 2008Here's a strangely restful little game called Filler. Check it out.
Social Security Administration Hires New Administrative Law Judges
Posted on March 04, 2008Michael J. Astrue, Commissioner of Social Security, announced this week that the agency has begun making offers to 144 of the 175 new Administrative Law Judges (ALJs) it will hire this fiscal year. Due to litigation and budget cuts, the agency has about ten percent fewer ALJs than it did a decade ago...
Featured Link - OnGuard Online
Posted on March 03, 2008Identity theft is the fastest-growing crime in the United States. There are a number of good Web sites with tips for protecting your identity. One of the best for online tips is OnGuardOnline, from the U.S. government. Check it out.
Friday Fun
Posted on February 29, 2008This isn't really a normal Friday Fun post. It's just interesting and thought-provoking. Thanks to my friend Matt Homann for pointing it out. The idea is to write a memoir in just six words. My first thought: "Loved his family, helped his clients." Check out the video.
Texas Supreme Court Justices Take Years To Handle Cases
Posted on February 27, 2008From the consumer group Texas Watch comes this press release about the Texas Supreme Court: TEXAS SUPREME COURT JUSTICES TAKE YEARS TO HANDLE CASESInefficiency of High Court Justices to Blame for Backlog AUSTIN ? The Texas Supreme Court has an ever-growing backlog of cases because the members of the high court are operating at a snail?s pace, leaving individuals, business owners, patients, and families in legal limbo, according to a new report issued today by Texas Watch...
Central Nervous System Vascular Accident And Social Security Disability
Posted on February 25, 2008A Central Nervous System Vascular Accident, generally called a stroke, can have devastating long term effects. It can cause problems with a victim?s speech, movement, vision, hearing and even the ability to understand. According to a 2005 government survey, the results of which were released early in 2008, stroke was the third leading cause of death in all people...
Friday Fun
Posted on February 22, 2008I hadn't played Mah Jongg in years until I stumbled across this online version. Very relaxing.
Tips On Preventing Identity Theft
Posted on February 20, 2008The Federal Trade Commission has some excellent information on their Web site regarding identity theft -- how it happens and how you can help prevent it. Here are a few excerpts from the government's site:FIGHTING BACK AGAINST IDENTITY THEFTIdentity theft is a serious crime...
Medical Insurers Agree To Pay For Online Doctor Visits
Posted on February 16, 2008Here's a potentially exciting development in the area of health insurance -- carriers may start paying for online medical consultations. More and more doctors and clinics are making themselves available to their patients online, usually for simple questions...
Another Twist In Bizarre Case Of Supreme Court Justice Medina
Posted on February 16, 2008As reported in the Dallas Morning News, the arson case against the family of Texas Supreme Court justice David Medina just won't go away. Here are excerpts from the latest story:Six members of the grand jury that indicted a Texas Supreme Court justice and his wife over a house fire have filed a lawsuit so they can speak about evidence in the case...
Friday Fun
Posted on February 15, 2008As an employer, I'm hesitant to mention this site, but at least I'll know what to look for if any of my employees try to use a note from MyExcusedAbsence.com. Here's their description: You'll discover all types of exciting absence notes and here are some examples and potential uses from "MyExcusedAbsence...
One Reason People Don't Like Personal Injury Lawyers
Posted on February 14, 2008The Associated Press is running a story about out-of-state lawyers swooping in to the grief stricken town of Port Wentworth, Georgia in an effort to get clients from the sugar refinery explosion that happened there recently. While legal, and probably ethical, this type of vulture advertising is just plain sleazy...
Which Presidential Candidate Is Your Best Match?
Posted on February 14, 2008This is another of those Web sites that lets you put in your political priorities, and then it tells you which presidential candidate best matches up with your interests. This one is a little better than most because it lets you put extra weight on you most important interests...
Bipolar Disorder And Social Security Disability Benefits
Posted on February 12, 2008Bipolar disorder is a mental disorder which results in extreme emotional changes and mood swings. Most people with Bipolar disorder alternate between extreme ?Highs? (in which their mind races and they sometimes engage in bizarre and irrational behavior) to deep Lows? (in which they have suicidal thoughts and unhappiness)...
New Jersey Lawyer Sent To Jail For Soliciting Cases
Posted on February 08, 2008Law.com reports that the first lawyer to be sentenced under a recent New Jersey law will be sent to jail in March for soliciting personal injury clients. Good riddance. In Texas, it's a felony for a lawyer, or anyone acting on behalf of a lawyer, to contact an accident victim to try to get that victim to hire the lawyer...
Researchers Find Potentially Dangerous Side Effects Of Arthritis Drug Celebrex
Posted on February 06, 2008This article was posted today by the University of Buffalo (UB) in its online journal, The Spectrum. The conclusion is that the arthritis drug Celebrex can induce irregular heartbeat rhythms. Here are excerpts: On average, over one million Celebrex prescriptions are filled each month, according to the Celebrex Web site...
A New Way To Locate Missing Alzheimer Patients
Posted on February 02, 2008A new company has come up with what seems to be a unique solution for the increasing problem of Alzheimer patients who wander away. The company provides a wristband that can be remotely activated, and will then link to a GPS satellite and reveal the location of the patient...
Friday Fun
Posted on February 01, 2008If you lived through the 1970's, that decade of of enormously bad taste unique in American history, you will appreciate this collection of photos from Olan Mills, Sears, and other photo studios.
Eli Lilly In Settlement Talks With U.S. Over Zyprexa
Posted on January 31, 2008The New York Times is reporting that drug maker Eli Lilly is in settlement talks with the federal government regarding the company?s marketing of the antipsychotic drug Zyprexa. The talks could result in Lilly?s paying more than $1 billion to federal and state governments -- the largest such settlement in history...
Virginia "Bad Driver" Law Is Backfiring
Posted on January 30, 2008My friend, Virginia lawyer Ben Glass, has written about the recent (and ridiculous) Virginia laws that charge bad drivers enormous fines. Besides the outrage from drivers being fined literally thousands of dollars for minor traffic violations, there now exists the very real possibility that hundreds of thousands of drivers could have their licenses suspended for inability to pay the fines...
Texas Supreme Court Backlog Reaches Record Level
Posted on January 29, 2008I have mixed feelings about the story in the Dallas Morning News today reporting that the backlog of cases pending before the Texas Supreme Court has reached a record level. On the one hand, if the justices would quit illegally using their campaign funds for frequent trips home, maybe they could clear more cases...
Texas Supreme Court Is Simply Out Of Control
Posted on January 28, 2008I have written a couple of times about the recent ethics charges against certain justices on our Texas Supreme Court, and many times about the moral challenges this Court seems unable to overcome. Now Paul Burka has today written an excellent post on his blog about the same subjects...
Library Of Congress Photo Collection
Posted on January 28, 2008I'm sure there must be a legal application for this, but you'll have to figure that out on your own. For me, the photographic collection from the U.S. Library of Congress is just interesting.
Texas Supreme Court & Ethics Laws -- A Bad Mix?
Posted on January 25, 2008This is getting ridiculous. Now we have three Texas Supreme Court justices under ethics investigations. And one of the three just had criminal charges controversially dismissed in an unrelated matter. There have been a series of stories recently in the Dallas Morning News about these justices...
Friday Fun
Posted on January 25, 2008Do you love golf? Do you have a job? That's a bad combination. But now you can spend your working hours playing photo-realistic golf on your computer, keeping one eye on the screen and one eye out for the boss. Visit WorldGolfTour for a stunningly realistic demo game...
Baby Boomer Retirement - What Effect Will It Have On Social Security Solvency?
Posted on January 24, 2008What effect will aging Baby Boomers have on the Social Security retirement and disability programs? Huge might be an understatement. The Baby Boom generation is defined as those roughly 80 million Americans born between 1946 and 1964. The first of the Baby Boomers began to turn 62 in January of 2008...
Finding Wi-Fi On The Road
Posted on January 22, 2008I've written before about finding Wi-Fi hot spots on the road. It's getting easier to do as more and more businesses and hotels offer connections. In Texas, all the highway rest stops have Wi-Fi now, and other states are joining this trend. Besides the usual Starbucks hot spots, Wi-Fi can be found in many public libraries...
Allstate Temporarily Banned From Florida
Posted on January 21, 2008As reported in the Florida Sun-Sentinel, the State of Florida temporarily banned Allstate insurance Company from doing business in Florida because of Allstate's failure to turn over certain documents in an investigation into Allstate's pricing practices...
Is There Anything Politicians Won't Lie About?
Posted on January 19, 2008OK, this is just a silly little thing, but it completely plays into the attitude so many people have now about our politicians -- they never let truth stand in the way of getting a vote. According to CNN, A mailer from a congressional candidate's campaign contains a photo of his head attached to an image of a different body that makes him look thinner...
Indictment Against Texas Supreme Court Justice Is Dismissed
Posted on January 18, 2008The curious story of Republican Texas Supreme Court Justice David Medina and his wife just keeps getting curiouser. Justice Medina and his wife have been the subject of a great deal of talk since their suburban Houston home burned down last summer. At the time, the Medinas were in financial distress...
Friday Fun
Posted on January 18, 2008This astonishing video of a young Korean online skater has been around a while, but if you haven't seen it, take a look. In fact, if you have already seen it, watch it again. It's amazing. and there are more like it at Joystick6. Click the arrow twice to view.
Multiple Sclerosis And Social Security Disability
Posted on January 18, 2008"But you look so good," is something that people often think or say when they meet someone with Multiple Sclerosis. However Multiple Sclerosis, or MS, can be a debilitating disease. Social Security recognizes MS as grounds for disability under Social Security Listing 11...
Social Security Disability - A "Culture To Deny"?
Posted on January 17, 2008CBS News ran a story this week about the "culture to deny" of the current Social Security disability system. Here are excerpts:Each year, millions of people who are disabled from an accident or disease turn to the federal government for Social Security disability payments - a benefit that every worker who is declared disabled is eligible to receive...
The Truth About Medical Malpractice Litigation
Posted on January 15, 2008Here is a very good discussion of the medical malpractice insurance crisis by the Center for Justice & Democracy.
Featured Link - Find Out If Someone Has Died
Posted on January 15, 2008Whether you're trying to locate a defendant in a personal injury claim or just curious about a long-lost acquaintance, sometimes you might wonder if the person has passed away. I've written before about the very helpful Social Security Death Index. Now a fellow member of the Dallas Trial Lawyers Association has reminded me about Legacy...
How To Burglarproof Your Home
Posted on January 14, 2008My friend, Fairfax, Virginia business lawyer David Z. Kaufman, recommended this article on how to burglarproof your home. David is a personal safety expert, and the article is an excellent one.
Workers' Compensation Insurance Company Attempts To Defraud The Court
Posted on January 11, 2008WFAA TV in Dallas reports that a Texas District Court judge has ruled that the state's largest workers' compensation insurance carrier committed fraud against an injured worker. It is interesting to note that this insurance company has lobbied extensively before the Texas Legislature for immunity from bad faith claims arising from the wrongful denial of benefits to injured workers...
Friday Fun
Posted on January 11, 2008Help! Bird flu is threatening to spread from Asia to England. Only you can stop its progress, by shooting all the birds. Warning: this game features blood and feathers.
Honda To Recall 40,000 ATVs
Posted on January 10, 2008From the U.S. Consumer Product Safety Commission comes this announcement of a recall of Honda all-terrain vehicles: The following product safety recall was voluntarily conducted by the firm in cooperation with the CPSC. Consumers should stop using the product immediately unless otherwise instructed...
Please Don't Drink And Drive
Posted on January 09, 2008Let this be one of your New Year's resolutions -- don't drink and drive. After almost 37 years of representing auto accident victims, I have seen far more than my share of the misery drunk driving can cause. Everyone always thinks it won't happen to them, that even though they're a bit tipsy they'll be able to drive all right...
Featured Link - Travel Tips
Posted on January 08, 2008Whether you travel for business, pleasure, or both, flying seems to be a bigger hassle than ever before. That's where JohnnyJet comes to the rescue. This Web site is published by a fellow who travels practically nonstop, and has an enormous variety of travel tips and resources...
Tips If You Slip And Fall
Posted on January 07, 2008Last month, our firm obtained a large settlement in a premise liability case. These cases are commonly referred to as "slip and fall" or "trip and fall" cases. Fortunately, there are steps injured persons can take to make pursuit of such a claim easier...
Anti-Consumer Preemption Case Nears Completion
Posted on January 06, 2008A case currently before the U.S. Supreme Court has the potential of stripping consumer rights established over long years of legislative and judicial processes. The case involves the doctrine of preemption, and specifically relates to a medical device approved for sale by the U...
"Shocking" Report About Heart Attacks
Posted on January 05, 2008The New England Journal of Medicine has published a study showing that the survival rate for people who suffer heart attacks is actually greater if the attack is suffered in an airport or in a casino rather than in a hospital. The difference is the response time for the heart attack victim to receive an electric shock from a defibrillator...
Iowa Caucuses Produce A Momentous Event
Posted on January 04, 2008Regardless of your politics, you have to agree that the Iowa Democratic caucuses last night produced a glowing moment in American political (and cultural) history. The fact that Barak Obama defeated two well-qualified presidential candidates in a state that's more than 90% white represents a true breakthrough in this country...
Friday Fun
Posted on January 04, 2008I love this silly little game called Zwingo. It's sort of a ball-on-a-string, protect-your-base-from-the-bad-guys game. Check it out.
A Bad "Solution" To A Perceived Medical Malpractice Insurance Problem
Posted on January 03, 2008Here's a truly bad idea from the National Center for Policy Analysis (NCPA). This nonprofit, nonpartisan research institute advocates private solutions to public policy problems. In December they came up with a really bad "private solution" for the alleged medical malpractice insurance problem...
DOT Finally Adopts Tougher Standards In Side-Impact Crashes
Posted on January 02, 2008After many years of lawsuits by plaintiff lawyers against auto manufacturers for improper and inadequate side-impact protection, the Department of Transportation has finally taken steps to mandate higher passenger safety. Better late than never. Here is the DOT statement:U...
ER Doctors Less Likely To Prescribe Painkillers To Minorities
Posted on January 02, 2008Here's a strange and troubling tidbit from today's Dallas Morning News. A recent study revealed that emergency room physicians prescribe narcotic painkillers more frequently to white patients than to minority patients. What's especially odd about this fact is that whites are more likely to abuse painkillers than are blacks or Latinos...
Slip And Fall Cases In Texas
Posted on January 02, 2008Over the years, our law firm has represented hundreds of clients who were injured in "slip and fall" or "trip and fall" cases, otherwise referred to as premises liability claims. Unfortunately, in recent years, the Republican Texas Legislature and the Republican Supreme Court of Texas have changed the laws to make it much more difficult for an injury victim to pursue a slip and fall case...
Road Map For Filing For Social Security Retirement Benefits
Posted on January 01, 2008The Dallas Morning News had an excellent beginner's guide to Social Security retirement this week. As the nation's baby boomers begin to hit the early retirement age of 62, there will be literally millions of new retirement applicants. The News article is a great primer for planning to file for benefits...
Levers Replacing Doorknobs In American Homes
Posted on December 31, 2007It has been reported that the percentage of lever door openers in homes is increasing year by year, and the percentage of doorknobs is falling. Levers now make up only 15% of all home door openers, but levers are gaining fast. Aside from decorative features, levers have one big advantage over doorknobs, and that is the ease with which disabled people can operate them...
Link of the Day - Fee Dental Care At Baylor College Of Dentistry
Posted on December 31, 2007This is going to be my final Link of the Day for a while. I'll continue to feature helpful links, but less frequently. Unfortunately, many of our personal injury clients and Social Security disability claimants simply cannot afford proper medical care...
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How to evict a roommate?
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