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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.
By Robert Kraft

Post Frequency: 5.9/day

Last Entry: May 06, 2009 at 17:44:22

Medtronic Paid Spine Surgeon $19 Million

Posted on January 16, 2009
The 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, 2009
Bloomberg 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, 2009
The 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, 2009
The 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...

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Editorial: Texans Deserve To Know Hospital Mistakes

Posted on January 14, 2009
This 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, 2009
Bloomberg 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, 2009
In 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, 2009
The 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, 2009
The 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, 2009
The 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, 2009
McClatchy (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, 2009
I 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, 2009
The 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, 2009
The 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...

Friday Fun

Posted on January 09, 2009
100 Movies, 100 Quotes, 100 Numbers

Featured Link - Living With Diabetes

Posted on January 08, 2009
David 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, 2009
Regarded 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, 2009
Bloomberg 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, 2009
Last 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, 2009
Terrible 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, 2009
This 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, 2009
The 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, 2009
From 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, 2009
I 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, 2009
As 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, 2009
I'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, 2009
The 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, 2009
Who 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, 2009
The 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, 2009
As 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...

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