Disability Law
Personal Injury and Social Security Disability Blog 
The purpose of this blog is to provide information to people who have been injured due to negligence, and to those who have filed for Social Security disability benefits, or who are considering filing for Social Security disability benefits.
Post Frequency: 3.5/day Last Entry: November 20, 2009 at 08:55:00 Recent Entries: 1125
By Robert Kraft
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Legal Research On a Shoestring Budget
Posted on November 20, 2009In a recent post by Anurag Acharya on the Official Google Blog, anyone can now find federal and state court case opinions with Google Scholar. By entering either party names or topic (for example, disability) you can now search for...
Friday Fun
Posted on November 20, 2009Have you ever thought about robbing a bank, but just couldn't come up with a good note to hand the teller? Well, don't let that stand in your way ? now you can simply go toBankNotes365 and see actual notes...
A Sad Personal Note
Posted on November 19, 2009Since starting this blog in April of 2005 this is the longest I've gone between posts. My father has become suddenly and gravely ill. The family is still in shock, and most daily activities have been suspended. Please keep him...
Friday Fun
Posted on November 13, 2009Here's a silly little Color Test that takes less than a minute but might leave you feeling sort of stupid. At least that's what happened to me.
Eli Lilly to Pay $24 Million in Zyprexa Off-Label Marketing Suit
Posted on November 12, 2009The AP reports, "Utah has agreed to a $24 million settlement with Eli Lilly & Co. over claims the drugmaker engaged in off-label marketing of the anti-psychotic drug Zyprexa [olanzapine]," according to Attorney General Mark Shurtleff. The drug is currently...
Veterans Day
Posted on November 11, 2009Today 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...
Featured Link - National Osteoporosis Foundation
Posted on November 11, 2009The goal of the National Osteoporosis Foundation is to make bone health a reality and a lifelong priority for all individuals. This group has much helpful information on their Web site. If you or a loved one suffer from osteoporosis...
Long Term Care for Senior Veterans
Posted on November 11, 2009In the year 1919 President Woodrow Wilson proclaimed November 11 as Armistice Day to honor those Veterans who served during World War I. On November 11, 1954, Armistice Day was proclaimed a legal national holiday and the name was changed...
Hinge Is Cited in Big Recall of Strollers
Posted on November 10, 2009Many news outlets reported today on the recall of baby strollers. One short but comprehensive report was in the New York Times. Here are excerpts from that article. A baby stroller company voluntarily recalled about one million strollers Monday after...
Maybe a New Day for Doctors? Pay
Posted on November 09, 2009Robert H. Frank, an economist at Cornell University, has written an interesting article for the New York Times regarding money earned by physicians. The gist of the article (rather densely written as you would expect from a professor of economics)...
"Tort Reform" Is a Desperate Distraction From Health Care Debate
Posted on November 07, 2009This article was written for the Huffington Post by Anthony Tarricone, president of the American Association for Justice. Here are excerpts: Those opposed to real health care reform are flailing to come up with real, alternative solutions to our current...
Friday Fun
Posted on November 06, 2009I was sick recently and my wife thought this short video illustrated the situation perfectly.
Arthritis, Social Security Disability, and Supporting a Good Cause
Posted on November 05, 2009A number of our Social Security Disability clients suffer from arthritis. Individuals suffering from this disorder experience the following symptoms: joint pain, swelling, and limited range of motion. The course of prescribed treatment can include medications, physical therapy, and surgery...
Omnicare Will Settle Kickback Cases for $98,000,000
Posted on November 04, 2009CBS Evening News (11/3, story 9, 1:40, Smith) reported, "As members of Congress debate healthcare reform, most would agree there needs to be a crackdown on cheating. Chief Investigative Correspondent Armen Keteyian reports now on a staggering fraud settlement involving...
Increasing Risk, Hurting Patients ? Malpractice Caps
Posted on November 03, 2009Forbes Magazine has an interesting article about medical malpractice lawsuit caps, and how that idea is bad for patients. The article is written by Shirley Svorny, a professor of economics at California State University, Northridge, and an adjunct scholar at...
Amgen Accused of Kickback Scheme to Boost Aranesp Sales
Posted on November 02, 2009The New York Times reported, "The biotechnology giant Amgen has been accused by New York and some other states of engaging in illegal kickbacks to promote sales of its anemia drug Aranesp [darbepoetin alfa]." The states filed a lawsuit Friday...
Best Halloween Costumes?
Posted on October 31, 2009Happy Halloween everyone! These guys wearing flat-screen displays attached to their iPhones have my favorite costumes of the year.
Friday Fun
Posted on October 30, 2009I love the Redneck Remedies at There, I Fixed It. Maybe you had to grow up in Texas or in the South to get the full effect, but these photos are definitely worth a look.
Medical Malpractice Insurers: Time to End Their License to Gouge
Posted on October 30, 2009Here's an interesting opinion about one reason medical malpractice insurance premiums are so high. This is from a contributor to the Huffington Post: In 1945, Congress gave the massively powerful insurance industry an astonishing gift. It bestowed on them the...
Tort Reform Is Not The Answer
Posted on October 29, 2009Tort reform is not the answer ? that's the headline of an editorial in the Des Moines Register. The editorial lays out the arguments in favor of tort reform as a way to save money on health care, but comes...
Wounded Troops Face Too Much Bureaucracy
Posted on October 28, 2009In a speech this week Defense Secretary Robert Gates gave his opinion that troops injured in combat in Iraq and Afghanistan continue to face too many bureaucratic hurdles. This is true of course, but applies equally to all veterans applying...
New AAJ Report On Corporations Failing to Protect Consumers from Faulty Products
Posted on October 28, 2009This press release is from the American Association for Justice: Today, as the U.S. Chamber celebrates their annual "legal reform summit" - an event dedicated to blaming lawsuits and trial lawyers for all of our country's ills, the American Association...
Nearly 1 Million Window Blinds Recalled for Strangulation Risk
Posted on October 28, 2009As reported in the Chicago Tribune, nearly 1 million roller blinds and Roman shades sold by IKEA, Bed, Bath & Beyond, and Hanover Direct were recalled this week because they pose a serious strangulation risk to small children. More detailed...
FDA Fails to Withdraw Unproven Drugs
Posted on October 27, 2009Did you know that the Food and Drug Administration has never pulled a drug off the market simply because the drug doesn't provide the benefits the manufacturer claimed it would? I have to admit I didn't know that either, until...
Righting Wrongful Denials of Insurance Coverage
Posted on October 27, 2009This article from the Los Angeles Times provides a good, brief insight into what I think is one of the worst federal laws ever passed ? the Employee Retirement Income Security Act, better known as ERISA. One purpose of the...
Halloween Safety Tips
Posted on October 26, 2009As Halloween approaches, I?m updating my Halloween Safety Tips article. Most of this is just common sense, but at Halloween, some of us seem to lose our a bit of our common sense and we do foolish (as well as...
Friday Fun
Posted on October 23, 2009I had toy trains as a child, but my wildest imaginings could never have thought of a setup like the one at Miniatur Wunderland in Hamburg Germany. Take a look at this video ? the whole operation is absolutely stunning...
Recall of Flammable Chenille Robes from Blair Company
Posted on October 23, 2009This important announcement is from the U.S. Consumer Product Safety Commission: Blair Expands Recall To All Women?s Chenille Apparel Due to Burn Hazard; Additional Reported Deaths Prompt Re-Announcement of Robe Recall 9 Reported Deaths in Total; Consumers Urged to Stop...
Featured Link - DrugWatch.com
Posted on October 22, 2009DrugWatch.com is a helpful site that consists of a database of medications, with information about conditions treated by the drug, interactions, suggested dosage, and possible side effects. Check it out. Here is the description from the site: Welcome to DrugWatch...
Crash Test of a 1959 Chevrolet and a 2009 Chevrolet
Posted on October 22, 2009I can't vouch for the scientific validity of this video showing a staged crash between a 1959 Chevy and a 2009 Chevy, but it's certainly interesting. I'm old enough to have started driving not too long after 1959, and I...
Addison's Disease and Social Security Disability
Posted on October 21, 2009A number of our Social Security Disability clients suffer from Addison's disease. Individuals suffering from this disorder frequently experience the following symptoms: fatigue, dizziness, and muscle weakness with difficulty standing up. The course of prescribed treatment can include hydrocortisone tablets...
Merck Starts Revealing Payments to Doctors Who Help Market Merck's Drugs
Posted on October 21, 2009Drug maker Merck & Co. has revealed this week that the company paid doctors and nurses about $3.7 million to give presentations to medical groups this summer alone. I'll give Merck credit for finally starting to come clean on the...
Toyota's Runaway-Car Worries May Not Stop At Floor Mats
Posted on October 20, 2009Why don't they just cut off the engine or shift into neutral? That's what I ask myself every time I see a story about a "runaway" vehicle. The latest batch of such stories has been about Toyota and Lexus vehicles,...
Battle Over Legal ?Reforms? Has Been Costly to Families
Posted on October 19, 2009The Houston Chronicle has a good editorial about recent insurance "reforms" in Texas and across the nation. The gist of the editorial is that these reforms are hurting, not helping, average consumers. Here are excerpts: For 20-plus years, the insurance...
Friday Fun
Posted on October 16, 2009Think you've seen cars and trucks in really, really unusual situations? No, you haven't. Not until you've visited That Will Buff Out. These photos will make you laugh out loud.
Obama Proposes Extra One-Time Payment to Social Security Recipients
Posted on October 15, 2009As a follow-up to the last post, the press is reporting today that President Obama is proposing a one-time payment of $250 to Social Security recipients and others to partially make up for the lack of a cost-of-living-adjustment in 2010....
No Social Security COLA for 2010?
Posted on October 15, 2009This is a press release from the Social Security Administration: Prompt Passage of Economic Recovery Act Payment for 2010 Needed With consumer prices down over the past year, monthly Social Security and Supplemental Security Income benefits for more than 57...
Ford Recalls 4.5 Million Vehicles Due To Defective Switch
Posted on October 15, 2009Ford Motor Co. said this week it will recall another 4.5 million vehicles in addition to the ones already recalled because a defective cruise control switch could cause a fire. Here are excerpts from a Washington Post article about the...
Medication Problems and the Elderly
Posted on October 13, 2009This guest post is from the National Care Planning Council. At 83 years old, Martha still lived in her own home, and enjoyed working in her garden and canning peaches. It was becoming harder to motivate herself, to get up...
Dallas Police Again Enforcing Law Requiring Bicycle Helmets On All Riders
Posted on October 12, 2009In another change in policy, the Dallas Police Department has begun enforcing the bicycle helmet ordinance again. The Dallas law is unusual in that it requires helmets on all riders, children and adults alike. In a recent criminal case, in...
Health Care Issues: Medical Malpractice Lawsuits
Posted on October 09, 2009The Richmond Times-Dispatch has a short article about the heath care debate and the effect of medical malpractice tort reform on the costs of health care. The gist of the article is that the entire cost of medical malpractice lawsuits...
Friday Fun
Posted on October 09, 2009If everyone drove as poorly in real life as I do in Parking Lot 3, my law firm would have a lot more car wreck business!
It Was 30 Years Ago Today...
Posted on October 08, 2009Today is our law firm's 30th anniversary. Over those years we've helped literally tens of thousands of people with their legal problems, and I am very proud of that. I'm also proud to have worked with some of the best...
Battling the Backlog in Social Security Disability Claims
Posted on October 08, 2009?Justice Delayed is Justice Denied? Most of us are familiar with the phrase first coined by the British Politician William Gladstone. Our clients awaiting their day in court on Social Security Disability claims endure a lengthy delay, as do the...
Medical Malpractice Insurance Companies Earning More Than Ever
Posted on October 07, 2009Here's an astonishing statistic released by the American Association for Justice this week: The 10 biggest medical malpractice insurers have average profits higher than 99% of Fortune 500 companies! Here is the full press release from the American Association for...
Medical Malpractice Not to Blame for Rising Health Care Costs
Posted on October 07, 2009A panel of experts, speaking at Georgetown University, has declared that tort "reform" of medical malpractice lawsuits is not the solution to the current health care crisis. As many previous studies have detailed, this panel stated that medical malpractice accounts...
Philips Healthcare Recalls 5,400 Defibrillators
Posted on October 05, 2009The Washington Post reports that Philips Healthcare is recalling more than 5000 external defibrillators due to a potential malfunction that could cause the defibrillator to stop working. No known injuries have yet been caused by the malfunction. Here are excerpts...
Winning Social Security Disability Benefits After Age 50
Posted on October 05, 2009This guest post is by Colorado Social Security disability attorney Tomasz Stasiuk, who writes the wonderful Social Security Insider blog. If you are applying for Social Security disability benefits and you are over 50 years old, isn't it a relief...
Friday Fun
Posted on October 02, 2009That enemy of productivity Tom Mighell has given us another time-waster. Here's Tom's description: "Galactrix is a little like Bejeweled, in Space, with Bombs. So of course it's totally addictive."
Toyota Seeks Solution to Floor Mat Issue
Posted on October 01, 2009I've been writing here about the recall of Toyota and Lexus vehicles due to floor mat safety issues. Now we learn fro the Wheels blog in the New York Times that Toyota is not planning to redesign the floor mats...
Toyota Recalls Almost 4 Million Vehicles for Floor Mat Dangers
Posted on September 30, 2009I have written before about dangers presented by floor mat design in certain Toyota and Lexus vehicles. Toyota has now recalled almost four million vehicles because of this defect. If you have one of the affected vehicles, you need to...
The Real Reason for "Excessive" Medical Tests
Posted on September 29, 2009The Dallas Morning News has an editorial regarding medical testing that is relevant to the current health care debate. In my experience, "excessive" medical testing has more to do with medical professionals wanting to profit from the tests than with....
Increasing Demand and Declining Funds for the Mentally Ill in North Texas
Posted on September 29, 2009The current economic crisis has resulted in many more North Texans seeking taxpayer-funded mental health care as people lose both their jobs and, with it, health insurance. At the same time, the company that runs the state program is preparing...
Surgical Sponge Cases to Test Time Limits on Texas Medical Malpractice Lawsuits
Posted on September 28, 2009An article in the Austin American-Statesman details two cases before the Texas Supreme Court. The cases will give the Court an opportunity to correct one glaring injustice in medical malpractice law. Many plaintiff lawyers are not too optimistic that our...
Friday Fun
Posted on September 25, 2009This is a great list of 100 Things Your Kids Will Never Know About. Stuff that either has disappeared or is on the way out. Sadly, I not only remember when we had almost all the things on this list,...
Tort Reform: A Bad Bargain That Won't Fix Health Care
Posted on September 25, 2009In an excellent blog post at The Huffington Post, AAJ president Anthony Tarricone makes the case that tort reform is bad for Americans and will not solve the health care dilemma. The entire article is well-worth reading, but here are...
U.S. Bill Would Apply Antitrust Law to Medical Insurers
Posted on September 25, 2009The Reuters news agency reports there is legislation introduced in the House and Senate that would at long last end the antitrust exemption for health insurance and medical malpractice insurance companies. This comes in the midst of a vigorous, to...
Featured Link - National Punctuation Day
Posted on September 24, 2009Today is National Punctuation Day, and it couldn?t come soon enough for me. I get so tired of seeing improper punctuation coming from people who should know better. Misplaced quotation marks and unnecessary apostrophes just drive me crazy. Do yourself...
Survey Suggests Fatigued, Stressed Hospital Residents Make More Major Medical Errors
Posted on September 23, 2009MedPage Today (9/22, Walsh) reported, "Internal medicine residents who report higher levels of fatigue, sleepiness, and distress are at greater risk for reporting major medical errors," according to a study in the Journal of the American Medical Association...
Health Care and the Myth of Tort Reform
Posted on September 23, 2009The St. Louis Post-Dispatch has an interesting editorial commenting on the recommendations of some politicians to make "tort reform" a part of any new health care legislation. Those of us who have spent years involved in the medical malpractice claims...
Access to the Courts in Washington State Remains Safe
Posted on September 22, 2009An editorial in the Seattle Times hits the nail on the head when it comes to laws requiring medical malpractice victims to get a medical certificate of merit before being allowed to file suit and conduct discovery. This is an...
Obama White House To Study Medical Malpractice Claims
Posted on September 20, 2009This article is from the New York Times, and describes a pilot program by the White House to study medical malpractice claims. Perhaps the money would be better spent studying the causes of medical malpractice itself, and studying the profits...
Toyota Urges Dealers and Car Washes to Check Floor Mats After Fatal Crash
Posted on September 20, 2009As reported by the Houston Examiner: Toyota Motor Sales, USA, Inc. has urged its dealer body and that of Lexus to inspect all vehicles, new and used, as well as loaner fleet vehicles for floor mats that may interfere with...
Free Discount Prescription Card Available Now For Dallas County Residents
Posted on September 19, 2009There is a new free discount prescription card available to all residents of Dallas County, and to many others around the country. The card, called Coast2CoastRX, is the product of Financial Marketing Concepts, Inc., of Ponte Vedra Beach, Florida. I....
Friday Fun
Posted on September 18, 2009A tip of the hat to Tom Mighell for finding this nifty little word game. DeepLeap forces you to make words from Scrabble-like tiles as they fall into your tray. But if you're too slow in making words, the tiles...
FDA Requires Strong Amputation Warning on Sedative Promethazine
Posted on September 18, 2009As reported by the Associated Press, the Food and Drug Administration is requiring manufacturers of injected promethazine, a sedative also used to treat nausea and vomiting, to put the strongest warning possible on the product because it can cause tissue...
Featured Link - HealthBase.com
Posted on September 17, 2009HealthBase is a new Web site that aggregates medical information from across the Internet. It's still in beta release, but certainly looks promising. If you need information on causes, treatments, or complications of any health condition, check out HealthBase.
Danger in Buying Used Cars from Rental Companies
Posted on September 15, 2009Have you ever bought a used car from a rental company such as Enterprise? Many people believe this is a good way to get a car that has been properly maintained and has relatively few miles, and in fact there...
ALS and Social Security Disability
Posted on September 14, 2009A number of our Social Security Disability clients suffer from amyotrophic lateral sclerosis (ALS) or Lou Gehrig's Disease. Individuals suffering from this disorder frequently experience the following symptoms: weakness in the hand, foot, arm, or leg, difficulty speaking and swallowing,...
Obama Again Signals Openness to Tort Reform
Posted on September 14, 2009The AP (9/14) reports, "President Barack Obama began a week that will dwell heavily on overhauling the health care system, declaring himself confident Congress will pass 'a good health care bill' even though some Republican opponents were trying to kill...
Obama's Medical Malpractice Reform ? Fine Print Is Still Hazy
Posted on September 11, 2009The Washington Post (9/11, Goldstein) reports, "When President Obama broached medical malpractice laws in his speech to a joint session of Congress on Wednesday night, it was one of the few times that Republican lawmakers stood to applaud. But the...
Friday Fun
Posted on September 11, 2009I love this photo from the Hartford Courant, showing Connecticut legislators hard at work on the state's new budget. But I can't tell which baseball game is on the computer on the right.
Companies Fined for Selling Hazardous Sweatshirts and Jackets
Posted on September 10, 2009As reported by the Associated Press, four retailers have been fined by the Consumer Products Safety Commission (CPSC) for selling hooded sweatshirts or jackets with drawstrings at the neck. This is a known safety hazard, especially for small children...
Obama Opens Door to Tort Reform in Healthcare Speech
Posted on September 10, 2009The AP (9/10) reports that in his speech before a joint session of Congress last night pushing his ideas for healthcare reform, President Obama said "that he wants to look at a 'range of ideas' to 'put patient safety first...
Why Your Kid Might Not Get Vaccinated
Posted on September 09, 2009CNNMoney has published a disturbing article explaining why more and more family physicians are refusing to give vaccine shots. The answer is that the health insurance companies won't reimburse the doctors for the full cost of administering the vaccines...
Featured Link - Google Maps Gadgets
Posted on September 09, 2009It's really just astounding how many add-on applications people have dreamed up for Google Maps. You'll find a big directory of them at the Google Maps site.
Off-Label Drug Campaigns Unlikely To Disappear
Posted on September 08, 2009As written by the Associated Press, the huge fine levied last week against Pfizer is unlikely to stop pharmaceutical companies from the profitable practice of off-label marketing of prescription drugs. Drugs are approved by the government for particular uses, but...
Happy Labor Day!
Posted on September 07, 2009As we have picnics, play golf, or otherwise celebrate the holiday, let?s remember the original purpose ? to honor trade and labor organizations. Here is an excerpt from the Wikipedia entry on Labor Day: Labor Day is a United States...
Featured Link - Most Congested Roads in Texas
Posted on September 05, 2009The Texas Department of Transportation (TXDOT) has come up with a map of the 100 most congested roadway segments in Texas. Not surprisingly, the majority are in the Dallas/Fort Worth and the Houston areas. Those of us who drive in...
Friday Fun
Posted on September 04, 2009Try this ? it's real and it's funny: In Utah, even if you don't get arrested for drunk driving you might still have to call your mom from jail - sort of. The Utah Highway Patrol and some local bars...
Colorado Lawmakers Question Bonuses Paid By Workers? Compensation Insurer
Posted on September 04, 2009The Colorado Springs Gazette reports on what may be insurance company misconduct regarding denial of workers? compensation claims in that state. Here are excerpts from the article: A workers compensation insurer may have paid bonuses to employees for denying claims,...
NTSB Ties Medicare Payments To Medical Helicopter Safety
Posted on September 03, 2009As reported by the Washington Post, the National Transportation Safety Board has adopted new safety recommendations covering medical helicopters. This addresses a serious safety issue mentioned before on this blog. Here are excerpts from the article: The most sweeping change...
Pfizer Will Pay Record $2.3-Billion Settlement For Fraudulent Marketing
Posted on September 03, 2009The CBS Evening News (9/2, story 5, 0:15, Rodriguez) reported that on Wednesday the government "hit Pfizer, the world's largest drugmaker, with a record $2.3 billion in fines for violating federal drug marketing rules. Among other things, Pfizer was accused...
Friday Fun
Posted on September 02, 2009Yes, I know it's only Wednesday, but I've had a rough week, and I needed some Friday Fun. Enjoy:
Columnists Oppose Health Care Tort Reform
Posted on September 01, 2009In a column in the Kansas City Star, Dan Margolies wrote, "The push for tort reform rests largely on anecdotal evidence of the occasional large jury verdict or outrageous lawsuit. Despite the perception that 'jackpot justice' has fueled soaring costs,...
PTSD and Social Security Disability
Posted on September 01, 2009A number of our Social Security Disability clients suffer from post-traumatic-stress-disorder or PTSD. Individuals suffering from this disorder frequently experience the following symptoms: re-experiencing symptoms (for example, a car backfire reminds a veteran of gunfire from battle), avoidance of situations...
Tougher Driving Laws in Texas ? Especially for Teens
Posted on August 31, 2009Tomorrow, September 1, 2009, is the day quite a few new laws go into effect in Texas. Several of these laws will directly apply to vehicle drivers and passengers, and all Texans should be aware of them. The goal of...
Growing Use of Medical Imaging Tests Poses Radiation Risk
Posted on August 28, 2009The New York Times reports, "At least four million Americans under age 65 are exposed to high doses of radiation each year from medical imaging tests," according to a study appearing in the New England Journal of Medicine. Researchers also...
Friday Fun
Posted on August 28, 2009Here's the follow-up to last week's Friday Fun. This one is movie actresses. Try to name them as they appear.
Gruesome and Graphic Cigarette Warnings Coming Soon?
Posted on August 28, 2009HealthDay News is reporting on the possible changes to cigarette packages under new U.S. regulations contained in the Family Smoking Prevention and Tobacco Control Act. These regulations apparently will require manufacturers to devote a large percentage of the front and...
Chrysler Will Accept More Product Liability Claims
Posted on August 28, 2009In an announcement that is good news for injury victims, Chrysler said it will accept product liability claims in a broader number of cases than originally planned in its reorganization under bankruptcy protection. The story was reported by the Associated...
Social Security to Test Use of Microsoft?s HealthVault in Disability Process
Posted on August 28, 2009Michael J. Astrue, Commissioner of Social Security, announced Thursday that the agency has entered into an agreement with Microsoft to test the use of Microsoft?s HealthVault application in the disability process. HealthVault is a free online service that enables people...
Strangulation Deaths Prompt Recalls of Roman Shades and Other Window Coverings
Posted on August 27, 2009The Consumer Products Safety Commission has issued recall announcements of several types of window shades because of the risk of strangulation. These recalls are important for all parents of small children to understand. Here is a summary from the CPSC:...
Tort Reform Would Remove Check on Medical Malpractice
Posted on August 27, 2009My friend Herb Friedman has an excellent column in the Lincoln Journal Star saying that tort reform in medical malpractice claims would remove the checks currently in place on medical treatment. Friedman states, "Malpractice amounts to less than 2 percent...
Health Care - Tort Reform Is Not The Answer
Posted on August 26, 2009In a column in the Baltimore Sun today Jay Hancock discuss some of the myths about health care reform. One is that "tort reform" would significantly cut the costs of medical care in the United States. His conclusion is that...
Aetna Tightens Reimbursement Policies for Hospital "Never Events"
Posted on August 26, 2009Modern Healthcare reported, Aetna has "established new, tighter policies" to constitute whether it will pay for "medical care related to errors made by providers." Under the policies, Aetna has "broken errors into two categories: 'never events'-- three events involving surgery:...
Obama Administration Supports Medical Error Reporting Only For Infections
Posted on August 25, 2009Hearst Newspapers reported, "While the White House acknowledges that hospital medical errors are 'a big and serious problem,' a senior administration official says President Barack Obama does not favor a mandatory reporting system for all medical mistakes, just for infections...
Study Says Many Physicians Unaware They're Prescribing Off Label
Posted on August 25, 2009In continuing coverage in a column in the New York Times, Roni Caryn Rabin writes, "Physicians are allowed to use drugs in ways that are not specifically approved by the Food and Drug Administration, a practice called off-label prescribing," but...
The Hidden Secret of Elder Abuse
Posted on August 24, 2009Many elderly people rely entirely on family or other trusted individuals to help them. Whether it is for physical needs or emotional needs, as people grow older they tend to need more and more help from others. This dependence on...
Negligence Suits Likely Over VA Procedures
Posted on August 24, 2009As reported today in the Washington Post, the Department of Veterans Affairs is facing the possibility of a series of negligence lawsuits over contaminated medical equipment used in colonoscopy and endoscopy procedures. Here are excerpts: Army veteran Juan Rivera reported...
Friday Fun
Posted on August 21, 2009Here's a totally cool morphing montage of movie leading men. See how many you can name as the faces appear.
Bassinet Warnings Renewed After More Deaths
Posted on August 21, 2009The Consumer Product Safety Commission has renewed a warning to parents about close-sleeper/bedside sleeper bassinets after two more infants were killed when they became trapped in the bassinets. The bassinets were manufactured by Simplicity. According to the Washington Post, "The...
Malpractice Reform Expected to Become a Major Issue
Posted on August 21, 2009In a 5-page story, ABC News on its Web site reported, "As the national health care debate continues into the fall, malpractice reform is expected to come to the forefront. But the question remains as to whether malpractice reform really...
Piloting Medical Helicopters Is One Of The Most Dangerous Jobs
Posted on August 21, 2009The Washington Post has a very interesting article about the medical transport helicopter business. Alarmingly, this "multibillion-dollar air-medical business" is "now one of the most dangerous jobs in America...with 113 deaths for every 100,000 employees...
Glaxo Used Ghostwriting Program to Promote Paxil
Posted on August 20, 2009As reported in the New York Times, a drug manufacturer used " a sophisticated ghostwriting program to promote its antidepressant Paxil." Here are the opening paragraphs of the story: Drugmaker GlaxoSmithKline used a sophisticated ghostwriting program to promote its antidepressant...
Best and Worst Places to Drive in the U.S.
Posted on August 20, 2009Here's an interesting list of the Best and Worst Places to Drive, based on several factors.
Should I Work While Social Security Decides My Disability Status?
Posted on August 17, 2009We are frequently asked this question by our clients and people who contact our office for information. Our general response is that all activity, including volunteer work done for no pay, can be considered in your disability determination. The response...
Tort Reform Doesn't Cut Health Costs
Posted on August 17, 2009The Lexington (KY) Herald-Leader today writes "Sen. Mitch McConnell's No. 1 idea for fixing what ails our health care system is to limit the rights of those maimed by medical malpractice. But states that have enacted curbs on what McConnell...
Families Urge Passage of Medical Device Safety Act
Posted on August 17, 2009The Minneapolis Star Tribune reported on families who earlier this month went to Washington to urge Congress to pass the Medical Device Safety Act. Among the families was Michele Meyer, whose daughter Katie "died in 2008 after surgery to remove...
Fibromyalgia and Social Security Disability
Posted on August 14, 2009A number of our Social Security Disability clients suffer from fibromyalgia. Individuals suffering from this disorder frequently experience the following symptoms: ? dull muscular pain, ? multiple tender points (e.g., between shoulder blades, upper chest, etc...
Featured Link - NewGIBill.org
Posted on August 14, 2009The Post 9/11 GI Bill is the largest investment in veterans? education since World War II, covering the full cost of an undergraduate education at any public university or college in the country and many private schools for our nation's...
Friday Fun
Posted on August 14, 2009RunPee.com is one of the all-time funniest software ideas. It's a Web site or iPhone application that tells you the best time (to the minute) to leave a movie and "run pee." It even provides a synopsis of what happened...
Social Security Administration Settles $500M Class-Action Claim
Posted on August 12, 2009The Los Angeles Times reports, "Up to 200,000 people who were cut off on unfounded suspicions that they were felons evading law enforcement or prosecution will receive back payments. Legal advocates for the poor, elderly and disabled secured a $500-million...
Editorials Praise Increased Food Safety Monitoring
Posted on August 11, 2009In an editorial, the Oregonian opines, "No matter what your food preferences are, or your politics, and even if you never eat anything except protein bars and spinach (both of which have been subject to recalls in recent years), you...
Swimming Pool Safety Tips For Children
Posted on August 10, 2009Sadly, the number of child drowning deaths in Texas reached 84 in early August of 2009, passing the previous record of 82 set in 2008. We all need to take better care of our kid when they?re near water --...
Investigation Finds Little Progress Correcting Medical Errors
Posted on August 10, 2009Hearst Newspapers runs a series of articles called " Dead by Mistake," analyzing the causes and effects medical errors across the United States. In the lead article, Hearst Newspapers reported that "experts estimate that a staggering 98,000 people die from...
Friday Fun
Posted on August 07, 2009WhizzWords is a nifty little word-scramble game with a bit of Yhatzee rules thrown in. Check it out.
Sotomayor Confirmed As First Hispanic Supreme Court Justice
Posted on August 07, 2009USA Today reports, "Judge Sonia Sotomayor, who grew up speaking Spanish in a public housing project, is headed for a seat on the Supreme Court after an overwhelming Senate vote Thursday to make her the first Hispanic member of the...
Feds Trying To Suspend Social Security Judge
Posted on August 06, 2009Here's an interesting tidbit from a Houston TV station Web site: A Social Security judge who was investigated by the 11 News Defenders is now in trouble with the federal government. Hearings are under way in an effort to suspend...
Sebelius Blames Healthcare System Problems on Insurance Industry
Posted on August 04, 2009Health and Human Services Secretary Kathleen Sebelius has a good op-ed piece in today's Washington Post. The topic is health care reform, and Secretary Sebelius points out that the major opposition to reform is coming from health insurance companies that...
Social Security Disability Onset Dates and Post-Onset Work Activity
Posted on August 03, 2009Social Security Disability claims involve several dates that can be critical to determining the outcome of a case. In every claim for disability, you must declare an alleged onset date at the time your claim is filed. This date is...
Department of Agriculture and FDA Take Steps to Improve Food Safety
Posted on August 03, 2009The New York Times reported, "Strengthening its efforts to keep a deadly strain of E. coli out of meat sold to consumers, the Department of Agriculture said Friday that it would begin regular testing of meat trimmings used to make...
Social Security Disability Claims Are Expected to Increase
Posted on August 01, 2009The Social Security Administration will see a sharper increase in new disability claims than previously predicted. An aging population combined with a weak economy are big reasons why. It is estimated that there will possibly be 3.3 million new disability...
Friday Fun
Posted on July 31, 2009My 90-year-old father loves working jigsaw puzzles online at JigZone, and I have to admit that I think it's fun too. Here's the description from the site: JigZone is an online Jigsaw Puzzle where you choose the level of difficulty...
AstraZeneca Sets Aside $430 Million for Lawsuits
Posted on July 31, 2009The Wall Street Journal reports, "AstraZeneca said it has set aside provisions of $430 million in relation to various federal and state investigations and civil lawsuits, relating to the company's marketing and pricing practices. It said the sum represents a...
Food Safety Bill Defeated in House
Posted on July 30, 2009The AP reports, "The House defeated a far-reaching food safety bill Wednesday after farm-state lawmakers complained it would be too invasive and others said it was pushed to the floor too quickly." The measure "was considered under a suspension of...
Spine Surgeon Failed to Disclose Payments from Medtronic
Posted on July 29, 2009On the front of its Marketplace section, the Wall Street Journal reports that, according to documents "provided by Medtronic to Sen. Charles Grassley, an Iowa Republican who has been scrutinizing the relationship between academics and industry," a University of Minnesota...
Texting Auto Drivers Are 23 Times More Likely To Crash
Posted on July 28, 2009ABC World News (7/27, story 5, 2:05, Gibson) reported, "There's a new study out today that shows that texting while driving is by far the most dangerous driving distraction. The 18-month study was conducted with long-haul truckers but researchers said...
Cash for Clunkers Government Program
Posted on July 27, 2009Surely everyone knows about the Cash for Clunkers program by now ? the federal government will give you up to $4500 for trading in an old car that gets poor gas mileage, for a new car that gets good gas...
Cell Phone Use Is A Driving Hazard
Posted on July 27, 2009This falls into the "What's New?" category, but many of us forget just how dangerous it can be to drive while talking on a cell phone. The Philadelphia Inquirer summed it up so well in an editorial that I'm going...
Friday Fun
Posted on July 24, 2009Hangman is another great iPhone Word game from the good people at Mobilityware. It's almost as addicting as Word Warp, previously mentioned here. And it's free! Check it out.
Current Claims Against GM "Not Worth Pursuing"
Posted on July 24, 2009The Kansas City Star reported, "When the 'new' General Motors emerged from bankruptcy earlier this month, consumer groups praised the agreement reached to ensure that the automaker would assume liability for future lawsuits over vehicle defects." But "those with claims...
Investigation Reveals iPod Fire Threat
Posted on July 23, 2009KIRO-TV Seattle, WA reported on its website, "An exclusive KIRO 7 Investigation reveals an alarming number of Apple brand iPod MP3 players have suddenly burst into flames and smoke, injuring people and damaging property." It took "more than 7-months for...
AMA Report Card Ranks Health Insurance Companies
Posted on July 22, 2009The AMA has issued its 2009 Health Insurer Report Card, which measures the nation's eight largest health insurers on claim denials, timeliness, accuracy and transparency. For more information than you could ever want on this subject, you can visit the...
New Lupus Drug on the Horizon
Posted on July 22, 2009Lupus is a disease in which the immune system mistakenly attacks healthy cells, causing damage to the joints, blood vessels, skin, lungs, and heart. The disease more frequently affects women, African Americans, Hispanics, Asians, and American Indians...
Former Umpire Urges Passage of Medical Device Safety Act
Posted on July 22, 2009The New Haven Register reported, "Mark Hirschbeck had his dream job as a Major League Baseball umpire and reached a career high with the 2001 World Series, but he says what started as routine hip replacement surgery cost him his...
WSJournal: House Bill "Guts" ERISA
Posted on July 21, 2009As usual, I disagree with the Wall Street Journal editorial policy. ERISA is the biggest fraud and sham ever foisted on the American public. Under the guise of protecting employees, this act has been interpreted by the courts so as...
Researchers Say Admitting Medical Mistakes May Save Money and Time
Posted on July 21, 2009The AP reports that "at the University of Michigan Health System...lawyers and doctors say admitting mistakes up front and offering compensation before being sued have brought about remarkable savings in money, time and feelings." In fact, "the willingness to admit...
Professors Oppose Bill to Cap Malpractice Damages
Posted on July 20, 2009In an op-ed in the Fort Worth Star-Telegram, Profs. Ronen Avraham, David A. Hyman and Charles Silver wrote that Rep. Michael Burgess (R-TX) "recently introduced the Medical Justice Act in hope of imposing Texas-style damage caps [for medical malpractice suits]...
Some Commonly Prescribed US Drugs Are Banned in Other Countries
Posted on July 18, 2009The Ventura County (CA) Star editorializes, "It is a little-known fact that some drugs Americans are commonly prescribed by their doctors are banned in other countries. For instance, if your doctor gave you a prescription today for painkillers Darvocet, Darvon...
Friday Fun
Posted on July 17, 2009I am totally addicted to Word Warp on my iPhone. I rarely have a day when I don't play at least one quick game. It's a word scramble game, and it's free from iTunes.
EEOC Considering New Rules as Age Discrimination Complaints Surge
Posted on July 17, 2009The Washington Post reports that during a public hearing at the US Equal Employment Opportunity Commission headquarters, experts said that "rising unemployment has left older workers vulnerable to layoffs, because they are often stereotyped by employers as costing more money...
Medical-Device Suits Allege Kickbacks
Posted on July 16, 2009The Wall Street Journal reports, "Former employees of certain medical-devicemakers allege in lawsuits unsealed in a Texas federal court that the companies paid kickbacks to heart surgeons to get the doctors to use their products to treat...atrial fibrillation...
Brookstone Pharmaceuticals Recalls Concentrated Acetaminophen Drops
Posted on July 16, 2009Dow Jones Newswires reports, "The FDA said Brookstone Pharmaceuticals LLC has voluntarily begun recalling its Concentrated Acetaminophen Drops," to keep patients from "accidentally overdosing on the product." Currently, "acetaminophen...is under intense scrutiny by the FDA because high-doses of the medicine...
Seven Devicemakers Accused of Promoting Surgical Devices for Unapproved Uses
Posted on July 15, 2009Bloomberg News reports, "Boston Scientific Corp., Medtronic Inc., and five other companies promoted surgical devices for unapproved uses, cheating the federal Medicare program," according to a whistleblower. The suits allege that "Boston Scientific and its Guidant Corp...
Surgeon Accused of Falsifying Study Data Failed to Reveal Financial Ties to Medtronic
Posted on July 15, 2009The Wall Street Journal reports, "Washington University said a surgeon accused by the US Army of falsifying a study favorable to Medtronic Inc. failed to tell the school he had a paid consulting arrangement with the medical-device maker." Timothy Kuklo,...
Eligibility for Social Security Disability Stimulus Payment After May 2009
Posted on July 15, 2009This information is from the National Organization of Social Security Disability Claimants' Representatives: The economic stimulus legislation enacted in February 2009 provides a one-time payment of $250 to nearly all Social Security and SSI beneficiaries who were eligible for a...
Heart Attack and Social Security Disability
Posted on July 14, 2009A number of our Social Security Disability clients have suffered from heart attacks. Individuals suffering from this disorder frequently experience the following symptoms: ? shortness of breath, ? chest pain, and ? dizziness. The course of prescribed treatment can include...
Medtronic Recalls Insulin-Infusion Sets
Posted on July 14, 2009The Wall Street Journal reported, "Medtronic Inc. is recalling three million insulin-infusion sets, estimating that 60,000 of them could cause improper insulin delivery and lead to serious injury or death." The company "said nearly two percent of the 'Lot 8'...
Ehlers-Danlos Syndrome and Social Security Disability
Posted on July 13, 2009A number of our Social Security Disability clients suffer from the relatively rare Ehlers-Danlos Syndrome. This is a disorder of the connective tissue, and it is hereditary. Individuals suffering from this disorder frequently experience the following symptoms: ? loose joints...
Friday Fun
Posted on July 10, 2009I love the Jaywalking segment of Jay Leno's now-former Tonight Show. That's one of the few times when I can feel intellectually superior to other people!
Consumers Warned to Check Products for Acetaminophen Levels
Posted on July 10, 2009In the Wall Street Journal Health Journal column, Melinda Beck writes that an FDA advisory panel recommended "sweeping limits on acetaminophen, including lowering the maximum daily dose to 2,600 milligrams from 4,000 mg and limiting the amount in a single...
CPSC Kolcraft Playpen Recall Raises Questions About Child Safety
Posted on July 08, 2009The Wall Street Journal reports, "The Consumer Product Safety Commission is expected on Wednesday to announce a recall of one million Kolcraft play yards, raising questions anew over the safety of products widely perceived as safe for unattended children...
Simplicity Drop Side Cribs Recalled Due to Risk of Death from Suffocation
Posted on July 08, 2009In this important recall announcement, the U.S. Consumer Product Safety Commission warns consumers about the serious dangers of using a Simplicity Drop Side Crib: Incidents/Injuries: CPSC is aware of one death involving an 8-month-old child from Houston, Texas who became...
Consumer Advice On Acetaminophen Risks Following FDA Panel Recommendations
Posted on July 07, 2009Melinda Beck writes in the Wall Street Journal Health Journal column, "Whether or not the Food and Drug Administration decides to limit sales of acetaminophen, consumers should know this: It's easy to take more than the recommended daily dose without...
Senate Republicans Hope To Insert Malpractice Reform Into Healthcare Overhaul
Posted on July 06, 2009Roll Call reports that as the Senate Health, Education, Labor and Pensions Committee addresses healthcare reform, Republicans on the panel see the negotiations "as their latest opportunity to reform the medical malpractice system - but they hold out little hope...
The U.S. Declaration of Independence
Posted on July 04, 2009Happy 4th of July! Please take a few minutes on this day filled with picnics and fireworks to remember why we celebrate this day. Read the Declaration of Independence, and consider the hardships and dangers our Founding Fathers endured to...
Friday Fun
Posted on July 03, 2009Here's another one of those simple little U.S. geography games that make me feel so dumb. I've never lived anywhere but Texas - how am I supposed to know which one is Vermont and which one is New Hampshire?
CDC Releases New E. Coli Figures
Posted on July 02, 2009CNN International reports, "The toll of the nationwide E. coli outbreak linked to tainted cookie dough has continued to mount, federal health authorities said Tuesday." So far, the CDC said, "Seventy-two people infected with a strain of E. coli O157:H7...
FDA Requires Suicide Warnings for Chantix and Zyban
Posted on July 02, 2009NBC Nightly News (7/1, story 6, 0:30, Williams) reported, "The FDA says patients taking Chantix [varenicline] and Zyban [bupropion] should be watched closely for any signs of mental illness. There have been a growing number of reports of suicide, among...
FDA Panel Recommends Smaller Acetaminophen Doses, Painkiller Bans
Posted on July 01, 2009The CBS Evening News (4/30, lead story, 3:05, Couric) reported, "An FDA panel recommended today that prescription Vicodin [hydrocodone bitartrate and acetaminophen] and Percocet [oxycodone and acetaminophen] be banned, and that over-the-counter Tylenol, Excedrin, Nyquil, and Theraflu contain stronger warning...
Mothers Push for Singulair "Black Box" Warning
Posted on June 30, 2009The Cleveland Plain Dealer reported that the FDA "recently told the makers of Singulair and three less widely used asthma drugs -- Accolate, Zyflo and Zyflo CR -- that the drugs' labels must list a dozen mood and behavior changes...
Matrixx Recalls Zicam Nasal Cold Products
Posted on June 30, 2009The Associated Press is reporting that Matrixx Initiatives Inc. has started the recall of Zicam nasal cold remedies. Here are excerpts from the article: Matrixx Initiatives Inc. said Wednesday it started a previously announced recall of Zicam nasal cold remedies...
GM Agrees to Take Responsibility for Future Liability Claims
Posted on June 29, 2009The AP reported General Motors "has agreed to take on responsibility for future product liability claims, removing what could have been a sizable roadblock" on the company's way to a "quick sale of its assets" and emergence from bankruptcy. GM...
Friday Fun
Posted on June 26, 2009OK, this site isn't really fun, but it could be helpful, and it does relate to fun things like vacations. Onebag.com is "packed" full of tips for traveling light, or at least lighter. Speaking as the world's worst packer, I...
Schumer to Introduce Veterans' Malpractice Bill in Senate
Posted on June 25, 2009New York state's Times Herald-Record reports, "Sen. Charles E. Schumer announced Wednesday he is introducing the Carmelo Rodriguez Military Medical Accountability Act, which will give military service members the right to pursue civil actions against the military for medical negligence...
Seventy Cookie Dough E. Coli Cases Reported in Thirty States
Posted on June 24, 2009KWTX-TV Waco, TX reports, "Seventy people in 30 states have been infected with a strain of E. coli O157:H7 and 41 of those cases have been linked to an outbreak associated with eating raw prepackaged cookie dough, including three in...
Some Physicians Fail To Inform Patients About Abnormal Test Results
Posted on June 23, 2009The CBS Evening News (6/22, story 8, 2:00, Couric) reported that "no one wants to hear bad news from their doctor, but a" new "report...says keeping patients in the dark about abnormal test results is happening with much more frequency."...
USA Today: Lawyers and Doctors Must Compromise on Malpractice
Posted on June 22, 2009USA Today says in an editorial that the "only thing" trial lawyers and doctors "have in common" on medical malpractice "is that they're both wrong. Doctors overestimate the degree to which lawsuits drive up medical costs (malpractice costs account for...
Report: Counsel Without Malpractice Insurance Should Tell Clients
Posted on June 22, 2009The Texas Lawyer reports that the Grievance Oversight Committee, which is appointed by the Texas Supreme Court, recently recommended that the court adopt a rule requiring lawyers who do not carry legal malpractice insurance to disclose their lack of coverage...
State Farm's Rate Case Mocks Texas Insurance Regulation
Posted on June 21, 2009No additional comment is necessary about this editorial from the Dallas Morning News today: State Farm is masterful at working the legal system. For six years, it has danced in and out of court to thwart the Texas insurance department's...
Friday Fun
Posted on June 19, 2009I've been watching this guy For years, but realized I've never written about WhereTheHellIsMatt before. His videos are terrific, and his stories are fascinating. If you haven't stumbled across Dancing Matt before, check him out.
Matrixx Withheld 800 Zicam Consumer Complaints From FDA
Posted on June 19, 2009Bloomberg News reports, "Matrixx Initiatives Inc. said today it didn't turn over to US regulators 800 consumer complaints about side effects linked to its withdrawn Zicam nasal spray and swabs." The company halted sales of "the cold remedies on June....
Reports Indicate At Least 843 Homeopathic Ingredients Linked To Side Effects
Posted on June 18, 2009The AP reported, "Zicam and hundreds of other homeopathic remedies - highly diluted drugs made from natural ingredients - are legally sold as treatments with explicit claims of medical benefit." These products "don't require federal checks for safety, effectiveness, or...
Medtronic Paid Nearly $800,000 to Former Army Surgeon Accused of Falsifying Study
Posted on June 18, 2009The Wall Street Journal reports, "Medtronic Inc. says it paid nearly $800,000 over the past three years to a former Army surgeon accused of fabricating a study that reported positive results for one of the company's key spine products." The...
FDA Warns Against Use of Zicam Nasal Spray and Swabs
Posted on June 17, 2009ABC World News (6/16, story 5, 2:05, Stephanopoulos) reported, "The Food and Drug Administration today told the makers of one of the country's most popular cold medications, Zicam, to stop selling its nasal spray and swabs. In the last ten...
Wolfgang Puck Toaster Ovens Recalled Over Fire Hazard
Posted on June 16, 2009From the Web site of the U.S. Consumer Product Safety Commission: 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. Name of Product:...
Obama Privately Told AMA He'll Back Steps to Reduce Malpractice Lawsuits
Posted on June 15, 2009On its front page, the New York Times reports that the AMA "has long battled Democrats who oppose protecting doctors from malpractice lawsuits. But during a private meeting at the White House last month, association officials said, they found one...
AMA to Consider Whether to Adopt "Bare Below the Elbows" Dress Code
Posted on June 15, 2009Oh great, one more thing to worry about when you go to the hospital - germs on the sleeves of your doctor. The Wall Street Journal Health Blog reports that the American Medical Association is going to consider recommending a...
Friday Fun
Posted on June 12, 2009A big Thank You to my friend Allison Shields of LegalEase Consulting for pointing out this wonderful Web site featuring law firm photos of associates, with snarky captions added. It's cruel, yes, but it's such fun. Check out Litinations.
Government Announces Recall of Flammable Robes for Women
Posted on June 12, 2009Consumers Urged to Check for Flammable Robes Six Reported Deaths Prompt Urgent Re-announcement of Blair Recall of Women?s Chenille Robes The U.S. Consumer Product Safety Commission (CPSC) and Blair LLC, of Warren, Pa., are re-announcing the voluntary recall by Blair...
U.S. Chamber of Commerce to Spend $100 Million Against Obama's Regulations
Posted on June 11, 2009The Wall Street Journal reports, "The U.S. Chamber of Commerce said it will spend $100 million in an effort to stem the 'rapidly growing influence of government over private-sector activity,' in a major new move by the powerful business group...
Tests Find Microcars Have High Repair Costs For Low-Speed Collisions
Posted on June 11, 2009The AP reports, "The Insurance Institute for Highway Safety reported Thursday that repairing damage to microcars in low-speed crashes of 3 to 6 miles per hour could cost anywhere from $474 to $3,701." Institute senior vice president Joe Nolan said...
LaJobi Recalls Bonavita ?Cabana? Drop Side Cribs Due To Strangulation Hazards
Posted on June 10, 2009The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed. Name of Product: Bonavita ?Cabana? Drop Side...
FAA Faces Criticism Over Commuter Plane Safety
Posted on June 10, 2009The Wall Street Journal reports, "Facing escalating congressional criticism, the Federal Aviation Administration said Tuesday it ordered immediate inspections of pilot-training programs at smaller carriers." Now, "as part of stepped-up oversight efforts, the agency and the Department of Transportation...
Businesses Struggle to Comply with Lead Law
Posted on June 09, 2009The National Law Journal reports, "At first, a far-reaching law implementing a lead ban and other toy safety standards sent companies and industry groups into a panic. Then, it sent them running to their lawyers." The attorneys "representing industry say...
Pilots Involved in Regional Crashes Failed Earlier Skills Tests
Posted on June 09, 2009USA Today reported, "In nearly every serious regional airline accident during the past 10 years, at least one of the pilots had failed tests of his or her skills multiple times, according to an analysis of federal accident records." In...
FDA Investigation Failed to Prevent Deaths from Contaminated Syringes
Posted on June 08, 2009In a lengthy investigative piece, the Chicago Tribune reports on apparent FDA failures to identify two batches of syringes "from a contaminated lot made in a factory owned by a Lake Zurich (Il) businessman." Two batches from the plant "have...
FDA and Drug Companies Argue Over Google Ads
Posted on June 08, 2009CQ Weekly (6/8, Zeller) reports that after the nine leading U.S. drug manufacturers took out Google ads, the FDA wrote to them all advising them that "sponsored links they'd paid for on Google violated the agency's drug-advertising protocols. The short...
Interstitial Cystitis and Social Security Disability
Posted on June 07, 2009A number of our Social Security Disability clients suffer from interstitial cystitis. Individuals suffering from this disorder frequently experience the following symptoms: ? urinary frequency, ? urinary urgency, and ? pain (especially pelvic) The course of prescribed treatment can include...
Friday Fun
Posted on June 05, 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.
Questions About Automakers' Liability Arise During Bankruptcy Process
Posted on June 04, 2009Bloomberg News reports, "Plaintiffs in personal-injury and product-liability lawsuits against Chrysler LLC and General Motors Corp. are pressing members of Congress to ensure that their cases will be heard in court or an alternate form of compensation is found...
25,000 Bugaboo Baby Strollers Recalled for Brake Failure
Posted on June 04, 2009As reported in the Milwaukee Journal Sentinel, 25,000 Bugaboo Bee baby strollers have been recalled due to potentially faulty brakes. The Bugaboo Bee strollers have brakes that can fail on one or both sides causing them to roll away on...
FDA Considers Adding Antidepressant Warning to Tamoxifen Label
Posted on June 03, 2009Bloomberg News reports, "US regulators may warn patients taking tamoxifen, a breast cancer medicine...not to use certain types of antidepressants because they block the tumor-fighting drug's effectiveness." According to Karen Riley, a spokeswoman for the FDA, the agency is considering...
Obama's Preemption Directive Seen as Victory for Consumers
Posted on June 02, 2009The Las Vegas Sun editorialized, "It is only common sense that many federal laws, those on civil rights among them, should be consistently and strictly enforced throughout the country." However, "many federal laws not covering constitutionally protected freedoms should stand...
Florida's Governor Signs Bill to Restore Caps on Attorney Fees in Workers' Comp Cases
Posted on June 01, 2009The AP reported, "Gov. Charlie Crist has signed a bill to restore caps on fees for lawyers representing workers in compensation appeals for on-the-job injuries." The bill undoes "a Supreme Court opinion by removing an existing provision saying such fees...
Friday Fun
Posted on May 29, 2009Factory Balls 2 is a continuation of a game I enjoyed in its original version. You take a plain white ball and process it through the factory to make it look like a picture of the finished product. The early...
13 Year Old Boy Killed Riding ATV Without Helmet or Seatbelt
Posted on May 29, 2009My friend and avid all terrain vehicle rider Jim Coughlin sent me a sad story about a Knox, New York (near Albany) boy who was killed yesterday while riding an ATV. The ATV was apparently being ridden by two teenage...
Samsung Recalls Cell Phones That May Not Call 911
Posted on May 29, 2009Samsung is voluntarily recalling about 160,000 cell phones that might refuse to make an emergency call when in a no-service area. The Federal Communications Commission requires that a wireless phone be able to reach a 911 call center even when...
60,000 Trampolines Recalled
Posted on May 28, 2009The Orlando Sentinel reports, "About 60,000 trampolines have been voluntarily recalled by Skywalker Holdings LLC after the company received more than 250 reports of straps that support the top of the equipment's enclosure breaking, the Consumer Product Safety Commission said...
Thousands of Children Injured on Treadmills
Posted on May 27, 2009Following the tragic death of Mike Tyson's 4-year-old daughter, the Baltimore Sun reported that thousands of children each year are injured on treadmills. Many of the injuries are just scrapes and bruises from falling off the treadmill, but some are....
Fiat Attempts to "Dodge" Product Liability Lawsuits
Posted on May 27, 2009In the Wheels Blog on the New York Times website Christopher Jensen wrote, "Lawyers for Fiat said on Tuesday that in taking over a bankrupt Chrysler, it would be an unfair burden if Fiat had to be responsible for product-liability...
Sara Lee Accuses Oscar Mayer of False Advertising
Posted on May 26, 2009The AP reports that a "lawsuit focused on advertising and product claims filed this week by Sara Lee Corp., the maker of Ball Park Franks, against Oscar Mayer-making rival Kraft Foods Inc. is the latest turn in the summer wiener...
Attempt to Regulate Hydroxycut Products Shows Limits of FDA's Power Over Supplements
Posted on May 26, 2009The Los Angeles Times reported, "The push to get Hydroxycut products off the market is the first test of legislation and federal regulations that have given the Food and Drug Administration some new regulatory powers over the herbal supplements industry...
Massachusetts Considers Law That Allows Doctors To Say They're Sorry
Posted on May 26, 2009We need a law that lets doctors say "I'm sorry"? Yes, according to the Massachusetts Legislature. Here's part of a story from Boston.com: Lawmakers are considering a bill that would let doctors say "I'm sorry" without admitting they made a...
Featured Link - Tweetake.com
Posted on May 25, 2009Do you use Twitter a lot? Do you worry about losing a record of your friends and fans, and your old tweets? You can back up all that at Tweetake.com. It's very simple to do, and dumps everything into a...
Federal Law Requires Public Pools To Update Drain Systems
Posted on May 24, 2009The Salt Lake Tribune reports, "A federal law requires public pools and spas, including at apartment complexes, condos, hotels and schools, to install anti-entrapment drain systems and special grates to prevent fingers, jewelry, hair and bodies from being trapped...
Featured Link - Atlas of Human Anatomy in Cross Section
Posted on May 22, 2009The Atlas of Human Anatomy in Cross Section is helpful to our firm as we work on personal injury and Social Security disability cases. This site has excellent illustrations of various parts of the body, leading to a better understanding...
Friday Fun
Posted on May 22, 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....
Featured Link - Public Justice
Posted on May 21, 2009Public Justice is dedicated to advancing the interests in consumers through the civil justice system, including keeping the courts open to everyone. This means battling mandatory arbitration agreements, damage caps, and other similar legal proposals that have at heart the...
EPA Finds High Amounts of Sulfur in Chinese Drywall
Posted on May 21, 2009The Wall Street Journal reported, "Recently concluded tests by the Environmental Protection Agency showed that Chinese-made drywall has high amounts of sulfur, which isn't commonly found in U.S. drywall." Also, "Strontium levels and iron concentrations were significantly higher in the...
Obama Undoes Bush Pre-Emption Policies
Posted on May 21, 2009The AP reports, "The Obama White House on Wednesday undid a Bush administration policy that used federal regulations to undermine a wide range of state health, safety and environmental laws" many of which "limited the ability of injured consumers to....
Featured Link - People With Disabilities Foundation
Posted on May 20, 2009The People With Disabilities Foundation is a group dedicated to advocacy for the disabled, especially in legal matters. Here is a description from their Web site: Our Mission is to provide education and advocacy for people with psychiatric and/or developmental...
Supreme Court Ruling In Iqbal Case May Hurt Every Civil Law Plaintiff
Posted on May 20, 2009The National Law Journal reports, "A U.S. Supreme Court ruling on Monday could make it significantly harder for plaintiffs in a broad range of cases to survive defendants' motions to dismiss, according to experts in civil procedure." Alan Morrison, former...
Costco Sued for False Imprisonment of Employees
Posted on May 19, 2009Bloomberg News (5/16, Gullo, Fisk) reported, "Costco Wholesale Corp., the largest U.S. warehouse club, was sued by a California worker who accuses the retailer of false imprisonment for locking in employees against their will at closing time." The complaint by...
Featured Link - Caring From A Distance
Posted on May 19, 2009Caring From a Distance is a nonprofit organization created by men and women who personally struggled with the anguish, stress, and frustration of long distance care. Their strength lies in this shared experience and in bringing together our diverse backgrounds...
Study Suggests Gifts From Drugmakers May Influence Physicians' Attitudes Toward Drugs
Posted on May 19, 2009The New York Times reports in Vital Signs, "A study reports that students from a medical school where" gifts from drugmakers "are allowed had a more favorable attitude toward a cholesterol drug than did students from a school where they...
Hamburg Confirmed As New FDA Chief
Posted on May 19, 2009The AP reports that the Senate yesterday confirmed bioterrorism expert Dr. Margaret Hamburg as the new commissioner of the FDA, noting that she is "only the second woman to hold the post in 100 years of agency history." The AP...
U.S. and States Join Whistleblower Suits Against Wyeth Over Medicaid Payments
Posted on May 19, 2009The Wall Street Journal reports, "The Justice Department and 16 states joined two whistleblower lawsuits alleging that Wyeth defrauded the government by offering discounts to hospitals on two of its drugs that it didn't offer to Medicaid." The suits allege...
Keeping Mom and Dad Safe at Home
Posted on May 18, 2009Generally, elderly parents want to remain living in their own home. However, remaining in the home becomes a concern when children see their parents slowing down, perhaps even having trouble with handling stairs and doing general daily activities. Yet, with...
Judge Rules Pfizer Won't Face Class-Action Suits Over Off-Label Marketing of Neurontin
Posted on May 18, 2009Bloomberg News reported, "Pfizer Inc. the world's largest drugmaker, won't face class-action lawsuits by health-insurance companies and patients on claims it improperly marketed the epilepsy drug Neurontin for unapproved uses, a judge ruled." US District Judge Patti Saris found that...
Friday Fun
Posted on May 15, 2009That Word Game is a nifty little game that's sort of a cross between Boggle and Tetris. You make words out of falling letters. Check it out.
Bill Easing Ability For WorkersTto Sue Property Owners Passes Texas House
Posted on May 14, 2009The AP reports, "Legislation that would make it easier for certain injured workers to sue property owners for negligence has passed the Texas House." The legislation, "supported by personal injury trial lawyers, would remove existing liability protections for premises owners...
AAJ Pushes for Medical Device Safety Act
Posted on May 14, 2009Congress Now reported that "a lobbyist aligned with the device industry said there's too much work still to do on health care reform for Members to consider the device bill as a stand-alone measure in 2009." Yet, "Sue Steinman, policy...
Obama's Short List For Supreme Court Said To Number Six
Posted on May 14, 2009Speculation continues to grow around President Obama's Supreme Court nomination, with stories reporting that sources have identified six potential "short list" candidates. The AP reports President Obama is "considering a list of more than six contenders for the Supreme Court...
Nominee for National Highway Traffic Safety Administration Withdraws
Posted on May 13, 2009The AP reported the White House "says a top official with Mothers Against Drunk Driving who was selected to oversee a highway safety agency has withdrawn." The Administration "said in April it intended to nominate Chuck Hurley to become the...
FDA Alerts Physicians of Tarceva Side Effects
Posted on May 12, 2009The AP reported that on Friday, the FDA "alerted doctors to a range of side effects, including blistering skin and intestinal problems, seen in patients taking [Tarceva (erlotinib)] a drug used to treat cancer." The medication's "label warns that some...
Chamber of Commerce Airs Commercials, American Association for Justice Responds
Posted on May 12, 2009The Washington Post reported, "The U.S. Chamber of Commerce began airing two-minute commercials today in movie theaters in the Washington area and two other cities, part of an escalating campaign against frivolous lawsuits that the group says are hurting innocent...
Two Die At Delaware Hospital After Taking Heparin
Posted on May 12, 2009The Wall Street Journal reports, "Two Delaware patients died last weekend after taking heparin, a widely used blood thinner made by Baxter International Inc., sparking concerns about a repeat of fatal heparin contamination in 2008." Baxter said that "the heparin...
Winning Your Social Security Disability Claim May Require A Lawyer Now More Than Ever
Posted on May 12, 2009It takes evidence to win Social Security Disability benefits. We review claims every day in which the Social Security Administration decided the medical evidence is not sufficient to award benefits. We often advise our clients on what evidence may improve...
Dallas Arthritis Walk - Saturday, May 16th
Posted on May 11, 2009Kraft & Associates is a proud sponsor of the 2009 Dallas Arthritis Walk this Saturday, May 16th. Participation in the Walk is free. For detailed information about the Walk, including time and location, please visit the Dallas Arthritis Walk Web...
Featured Link - 50 Most Popular Newspaper Blogs
Posted on May 11, 2009I worked my way through college and law school at the Waco Tribune-Herald, and it saddens me to see the current loss of readership at newspapers around the country. I hope newspapers can find a business model that allows them...
Biden Playing Key Role in Selection of U.S. Supreme Court Nominee
Posted on May 11, 2009The Washington Post reports, "With President Obama filling his first high court vacancy with the retirement of Justice David H. Souter, Vice President Biden finds himself regularly consulting with the president and fielding queries from the White House counsel and...
Friday Fun
Posted on May 08, 2009Easy Bar Tricks is just what the name implies - a series of very cool tricks you can play with beer bottle and other items you find in a bar. Here are some great ways to win a few free...
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...
L.A. Times: Companies Should Not Be Able To Force Mandatory Arbitration
Posted on May 05, 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,...
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...
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...
Featured Link - DriveCam.com
Posted on May 04, 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...
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...
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...
Featured Link - ZabaSearch.com
Posted on May 03, 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...
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...
Friday Fun
Posted on May 01, 2009This video is guaranteed to make you feel old and tired. These young ladies have amazing talent and incredible energy.
Featured Link - TumbleweedHouses.com
Posted on April 30, 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...
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...
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...
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...
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,...
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...
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...
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...
Friday Fun
Posted on April 24, 2009Factory Balls is a simple little game that will let you waste time while you're on boring phone calls. Just be sure to mute the sound!
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...
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...
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...
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...
Friday Fun
Posted on April 17, 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.
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...
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...
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....
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...
Long Distance Care Givers Receive Help
Posted on April 15, 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...
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...
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)...
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...
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...
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...
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...
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...
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...
Friday Fun
Posted on April 10, 2009Stunning collection of architectural and structural optical illusions.
Texas Peanut Plant Fined Record $14.6 Million
Posted on April 10, 2009As reported in the Dallas Morning News, the Texas plant owned by a bankrupt peanut company at the heart of a national salmonella outbreak was fined a record $14.6 million by the state this week. Here are excerpts from the...
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...
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...
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...
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...
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...
Friday Fun
Posted on April 03, 2009Not so much fun as fascinating, this is a collection of photographs of every street corner in Manhattan.
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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:...
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...
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...
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...
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."...
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...
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...
Waiting for My Day in Court . . . or Waiting for Godot?
Posted on March 22, 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....
Stimulus Bill Gives COBRA a Boost
Posted on March 22, 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...
Friday Fun
Posted on March 20, 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...
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...
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...
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...
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,...
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...
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...
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...
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...
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...
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...
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...
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...
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...
277,000 GM Vehicles Recalled Due to Shift Lever Defect
Posted on March 14, 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...
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...
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...
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...
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...
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...
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...
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...
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...
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....
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...
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 --...
More on Oklahoma Tort Reform Proposal
Posted on March 10, 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...
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...
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...
Wyeth Decision Seen as "Body Blow" to Bush Administration Efforts of Pre-emption
Posted on March 10, 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...
Supplemental Security Income (SSI) Simplified?
Posted on March 09, 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...
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...
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...
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...
Fingers Pointed Over Lead Law Confusion
Posted on March 07, 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...
Court Decision May Impact Eli Lily, Drugmakers
Posted on March 06, 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...
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...
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...
Children's Recreational Dirt Bikes' Removal from Dealers Seen as Unanticipated Consequence of Lead Law
Posted on March 03, 2009Medtronic to Join Other Companies in Disclosing Payments to Doctors
Posted on February 26, 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....
Dead Peasant Insurance Policies Draw Litigation
Posted on February 26, 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...
Study Suggests Sprint Fidelis Leads May Be Failing at Higher Rate Than Previously Known
Posted on February 25, 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...
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...
Poll Finds People Doubt Impartiality Of Elected Judges Towards Their Donors
Posted on February 24, 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...
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...
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,...
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...
Texas Doctors Say Health Insurance Company Paperwork Hurts Medical Care
Posted on February 22, 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...
After 16 Years and Much Litigation, DOJ Puts Auto Fraud Database Online
Posted on February 21, 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...
Congressmen Seek To Overturn Court Decision On Medical Device Lawsuits
Posted on February 21, 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...
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...
Friday Fun
Posted on February 20, 2009Here's a collection of funny road signs from around the world.
Stimulus Package To Give $250 to All Social Security Disability Recipients
Posted on February 20, 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...
ERISA: License to Cheat, Lie, and Steal for the Disability Insurance Industry
Posted on February 20, 2009The headline says it all in this Utah Bar Journal article.
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...
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...
Report Says FDA Is Not Enforcing Medical Device Safety Standards
Posted on February 19, 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...
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...
Wisconsin Supreme Court Tosses Suit Against Medtronic
Posted on February 18, 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...
The Economists Who Missed the Housing Bubble Are Coming After Your Social Security
Posted on February 18, 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...
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...
Homeowners Pay Higher Insurance Premiums, Yet Many Policies Limited
Posted on February 17, 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...
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...
Federal Judge Who Threw Out Medtronic Case Failed to Disclose Son's Link to Device Maker
Posted on February 14, 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...
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...
Kids' Sweatshirts Recalled After Child is Strangled by Drawstring
Posted on February 13, 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...
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...
Some Large Pickup Trucks Earn Low Marks on Crash Safety
Posted on February 12, 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...
Peanut Corporation Suspends Operations at Texas Factory After Traces of Salmonella Found
Posted on February 12, 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...
Doctors Groups Sue Aetna and Cigna, Alleging Rigged Database Underpaid Physicians
Posted on February 11, 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....
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...
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...
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...
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...
Consumer Product Safety Commission Works to Clarify Lead Law
Posted on February 10, 2009The AP (2/7) reported, "Librarians, clothing makers, craft sellers and thrift-store owners received a reprieve Friday from federal regulators who moved to quell confusion over a new product safety law." Now, "under the new guidelines, people who sell or make...
Texas AG Sues Company for Marketing Candy as Alzheimer Cure
Posted on February 07, 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...
Peanut Corporation Says It Was Inspected Regularly
Posted on February 06, 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...
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...
FDA Orders Certain Antidepressants to Carry Warning for Life-Threatening Side Effect
Posted on February 06, 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...
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...
Judges Can Adjust Jury Awards in Employment Cases to Account for Tax Burden?
Posted on February 05, 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...
Stimulus Provision Seen as Gift for Trial Lawyers
Posted on February 05, 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...
Insurance Institute for Highway Safety to Require Dramatic Increase in Vehicle Roof Strength
Posted on February 05, 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...
Texas Politicians Stopped for DWI Refuse Blood and Breath Tests
Posted on February 04, 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...
New Law for Toy Safety Goes Into Effect on February 10
Posted on February 04, 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...
Governor Declares Overhaul of State Schools for Disabled a Priority
Posted on February 04, 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,...
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...
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...
Rhode Island May Soon Have Private Trials
Posted on February 03, 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...
Do Red-Light Cameras Increase Auto Collisions?
Posted on February 03, 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...
Study Shows Basic Checklist Cut Surgical Deaths in Half
Posted on February 02, 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...
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,...
Do Ignition Interlocks Stop Drunk Drivers?
Posted on January 31, 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...
Social Security Expands Fast-Track Disability Processes
Posted on January 30, 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...
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...
Tainted Peanut Butter Recall May Become Largest Product Recall In History
Posted on January 29, 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...
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...
Dallas County to Block Vehicle Registrations for Unpaid Tickets
Posted on January 28, 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...
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...
The Trouble With Carfax
Posted on January 25, 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...
Friday Fun
Posted on January 23, 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.
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...
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....
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...
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...
President Of Georgia Trial Lawyers Association Disagrees With George Will Column
Posted on January 20, 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...
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....
Friday Fun
Posted on January 16, 2009How good are you at plane geometry? How good are you at estimating angles and distances? Find out with the "Eyeballing Game."
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...
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...
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...
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...
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...
Editorial: Texans Deserve To Know Hospital Mistakes
Posted on January 13, 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...
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...
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...
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...
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...
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,...
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...
Asbestos - The Silent Killer
Posted on January 10, 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,...
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 &...
Harris County Has More Railroad Collisions Than Any Other Texas County
Posted on January 09, 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...
Friday Fun
Posted on January 09, 2009Why 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...
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 08, 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...
Featured Link - Living With Diabetes
Posted on January 07, 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.
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...
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 or 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...
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...
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...
Dallas Finally Starts Towing Uninsured Vehicles
Posted on January 04, 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...
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...
If I?m Found Disabled, How Long Until I Get Medicare?
Posted on January 03, 2009Our 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,...
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, 2009This isn't really possible for a human to do, is it? This guy is amazing.
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...
Millions Of Older Americans Use Risky Drug Combinations
Posted on December 31, 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...
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...
Technology, Disability, And The Americans With Disabilities Amendments Act
Posted on December 30, 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...
Featured Link - HelpInsure.com
Posted on December 30, 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...
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...
Choosing A Home Health Care Agency
Posted on December 28, 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,...
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...
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...
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...
Made in America: Corporate Gall
Posted on December 23, 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...
Social Security Disability, Medicaid, And The Economy
Posted on December 23, 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...
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...
Social Security Disability - Compassionate Allowances
Posted on December 22, 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...
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....
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...
Spina Bifida And Social Security Disability
Posted on December 20, 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...
Featured Link - HealthyToys.org
Posted on December 19, 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...
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...
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...
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....
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...
Do Car Horns Make Us Safer?
Posted on December 17, 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...
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...
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...
How Long Do Social Security Disability Benefits Last?
Posted on December 16, 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...
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...
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,...
Featured Link - National Patient Safety Foundation
Posted on December 15, 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...
Friday Fun
Posted on December 12, 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...
Texas Tax Dollars At Work In House Of Representatives
Posted on December 12, 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...
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...
Suddenly Straight-Party Voting Is A Hazard To Democracy
Posted on December 11, 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...
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...
Five Safe Driving Tips for Winter
Posted on December 10, 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...
EEOC Notice Concerning The ADA Amendments Act Of 2008
Posted on December 09, 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...
Guard Against Identity Theft On Social Networks
Posted on December 09, 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...
Advocates Debate Ways To Close Some Texas Schools For The Disabled
Posted on December 08, 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...
Featured Link - Benefit Eligibility Screening Tool (BEST)
Posted on December 08, 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...
Annual List Of 10 Worst Toys - Help Prevent Childhood Injuries
Posted on December 07, 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...
Can Any Disease Be Disabling For Social Security? Almost.
Posted on December 06, 2008In our Social Security Disability practice, we have found that almost any disease or disorder can be disabling. We have recently won cases for individuals with severe sarcoidosis, a disease of unknown cause. According to Merk Source, sarcoidosis (sahr?koi-dósis) is:...
Justice Department Blasts Texas State Schools For The Disabled
Posted on December 05, 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...
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...
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...
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...
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...
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...
Bush Administration?s Rule Forces Truckers to Drive to Point of Exhaustion, Puts Motorists at Risk
Posted on December 02, 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...
Featured Link - IAVA.org
Posted on December 01, 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...
Featured Link - 100 Blogs That Will Make You Smarter
Posted on November 29, 2008The title says it all: 100 Blogs That Will Make You Smarter.
Lawmakers Push Government To Enforce Chemical Ban In Toys
Posted on November 29, 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...
Friday Fun
Posted on November 28, 2008With a hat tip to Bob Ambrogi, comes this startling announcement from the American Bar Association: 230,000 defective lawyers have been recalled!
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...
Keeping Kids Safe During The Holidays
Posted on November 26, 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...
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...
Featured Link - SafeManuals.com
Posted on November 24, 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...
Featured Link - SurvivorCorps.com
Posted on November 23, 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...
Friday Fun
Posted on November 21, 2008In the spirit of Jay Leno's Headlines, here are some marriage announcements of couples who should not hyphenate their last names.
Featured Link - Tricks of the Trade: How Insurance Companies Deny, Delay, Confuse and Refuse
Posted on November 20, 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...
Featured Link - Really, Really Basic Computer Tips
Posted on November 19, 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...
Featured Link - YouConvertIt.com
Posted on November 18, 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...
Featured Link - Texas State Board of Dental Examiners
Posted on November 17, 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.
Methicillin-Resistant Staphylococcus Aureus (MRSA) Warning
Posted on November 15, 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...
Friday Fun
Posted on November 14, 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...
Featured Link - 123People.com
Posted on November 13, 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...
Featured Link - ALS Association
Posted on November 12, 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...
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...
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...
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...
Limits Placed On Medicaid Outpatient Services
Posted on November 09, 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...
Friday Fun
Posted on November 07, 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.
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...
Featured Link - Pixolu
Posted on November 05, 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...
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...
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...
Featured Link - The Committee For Justice For All
Posted on November 03, 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.
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...
Featured Link - BrowserShots.org
Posted on October 28, 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...
Camera Lets You Spy On Your Teenage Driver
Posted on October 27, 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...
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...
Featured Link - CoverTheUninsured.org
Posted on October 25, 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...
Friday Fun
Posted on October 24, 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!
Computer Crash Hinders Texas Attorney General's Medicaid Fraud Case
Posted on October 24, 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...
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...
Featured Link - ReportMyTeen.com
Posted on October 23, 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...
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 - CaringBridge.org
Posted on October 22, 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...
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...
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...
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, 2008Here's another Impossible Quiz. I'm sure most people think these are silly, but I enjoy them.
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...
Featured Link - Dallas County Most Wanted List
Posted on October 16, 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...
Early Voting Locations In Dallas County
Posted on October 16, 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...
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...
Featured Link - Universal Declaration of Human Rights
Posted on October 14, 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, 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.
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...
Featured Link - RxList.com
Posted on October 09, 2008I haven't listed 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...
Uninsured Texas Drivers Warned Of Expanded Verification Program
Posted on October 07, 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...
Featured Link - Presidential Election Maps Through History
Posted on October 07, 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...
Older Or Disabled Clients Have Health Care Insurance Options
Posted on October 06, 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...
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, 2008Breaking political news: Barack Obama is apparently the son of two fathers!
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....
Nursing Homes Get Grim Review In Federal Report
Posted on October 02, 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...
Florida Sues Merck For Deceptive Marketing Of Vioxx
Posted on October 01, 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...
Social Security Administration Admits Challenges
Posted on September 30, 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...
Friday Fun
Posted on September 26, 2008Here's a mindless little game that I just don't have the coordination to do well. It's called Ball.
Featured Link - Family Caregiver Alliance
Posted on September 25, 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...
Don't Get Hooked By Consumer Fraud
Posted on September 24, 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...
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.
Featured Link - Real Car Prices
Posted on September 23, 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...
Sleep Disorders And Social Security Disability
Posted on September 22, 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...
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...
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...
Friday Fun
Posted on September 19, 2008My thanks to Tom Mighell for pointing out this simplest weather forecast site in Internet history: Umbrella Today.
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...
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...
Featured Link - LemonJustice.com
Posted on September 13, 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...
Friday Fun
Posted on September 12, 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...
Featured Link - WhyVoteNow.org
Posted on September 11, 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...
What To Do When An Elderly Driver Is A Safety Risk
Posted on September 10, 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...
Featured Link - BuzGate.org
Posted on September 09, 2008The oddly-named BuzGate.org is a Web site that provides information and links to free resources for small businesses. There is some good information here, but you do have to wade through a lot of buzz-word-filled vebiage to get to it....
Featured Link - WorldOfGood.com
Posted on September 08, 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...
Featured Link - HandicappedFraud.org
Posted on September 06, 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...
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...
Friday Fun
Posted on September 05, 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.
Auto Crashes Involving Texas Elderly Decline
Posted on September 04, 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...
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...
Featured Link - Celiac Disease Awareness Campaign
Posted on September 03, 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...
More Motorcycles Equal More Motorcycle Collisions
Posted on September 02, 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...
Featured Link - Rushmore Drive.com
Posted on August 30, 2008Is Google too White? That's the question posed by new search engine RushmoreDrive. The developers of this site say that Google is unconsciously biased in favor of sites sought out by Whites, and not those searched for by Blacks. So...
Friday Fun
Posted on August 29, 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.
Muscular Dystrophy And Social Security Disability
Posted on August 28, 2008Muscular Dystrophy (MD) is one area of a broader group of diseases known as Neuromuscular Diseases. Neuromuscular Diseases include not only the group of Muscular Dystrophies, but also Motor Neuron Diseases, Metabolic Diseases of Muscle, Diseases of the Peripheral Nerves,...
Information Service For Your Cell Phone - ChaCha.com
Posted on August 27, 2008The information service at ChaCha is pretty well-established now, and the business has an interesting structure to it. ChaCha employs thousands of "guides" who answer questions sent in from cell phones. The guides are paid $.20 per answer, and frequently...
Financial Conflict For Texas Doctors?
Posted on August 27, 2008The Dallas Morning News recently published a troubling story about Texas foster children whose doctors have financial ties to drug manufacturers. The doctors prescribe drugs made by these companies. Here are the opening paragraphs of the story:One in three Texas...
Texas Still Leads In Percentage Of Residents With No Health Insurance
Posted on August 27, 2008A U.S. Census Bureau report this week confirmed that Texas still has the highest percentage of residents without health insurance. Almost one of every four Texas residents ? 24.8 percent ? were uninsured in 2006 and 2007, based on an...
Restaurant Employees Lose Health Insurance, Even For Past Bills
Posted on August 26, 2008I've been a little behind on blog posts while spending time trying to raise money for the Muscular Dystrophy Association, so this story is a little old, but still compelling. The Dallas Morning News wrote recently about employees of Bennigan's...
Don't Use Cell Phones In School Zones
Posted on August 25, 2008Across the country, kids are returning to school today. In the Dallas area, several cities now have laws that prohibit the use of handheld cell phones in school zones, so parents and other drivers need to be alert. Here is...
Friday Fun
Posted on August 22, 2008From the Disaboom Web site comes a list (with photos and captions) of the world's 50 funniest road signs. Warning: some are PG-13 rated.
Handguns And Kids ? What Could Possibly Go Wrong?
Posted on August 21, 2008That's the question asked in a Dallas Morning News editorial today, regarding the recent decision by the Harrold school district to allow teachers to carry guns in school. This is a typically Texas issue. I doubt there are too many...
Please Help The Muscular Dystrophy Association
Posted on August 19, 2008This is my second request for donations to the Muscular Dystrophy Association, but time is running short, and I'm still not at my goal. I'm going to be locked away in "jail" if some of you don't help bail me...
MDA Supports First U.S. Trial Of Lithium In ALS
Posted on August 16, 2008The Muscular Dystrophy Association announced some potentially good news recently regarding an experiment to see if lithium carbonate might slow the progression of amyotrophic lateral sclerosis. Here is the press release from MDA: An MDA-supported trial of lithium carbonate in...
Parents, Consider The Dangers Of Cheerleading
Posted on August 16, 2008A story in the Dallas Morning News about the dangers of high school cheerleading certainly surprised me, and I imagine that many other parents will be equally surprised and dismayed. The article shows that cheerleading accounted for two-thirds of sports-related...
Friday Fun
Posted on August 15, 2008There are plenty of online personality tests but this one is more interesting than most. All you do is view some photographs and choose the ones that best signify such things as "art" or "freedom." The results are not terribly...
Mr. Cornyn, Listen To The Uninsured
Posted on August 14, 2008That is the title of a commentary in the Houston Chronicle this week about the health insurance crisis in Texas. Senator Cornyn seems to be focusing on the wrong part of the health care crisis, and is missing the big...
Basic Information For Handicapped Drivers In Texas
Posted on August 13, 2008If you live in Texas and have a disability that requires better parking locations wherever handicapped spots are available, there are designated license plates that enable you to park as close to your destination as possible. Since these parking spaces...
Friday Fun
Posted on August 08, 2008Courtesy of my friend Tom Mighell, another great time-waster, called Ramps. I finished the game, but the last few levels aren't easy.
Please Help Bail Me Out Of Jail!
Posted on August 06, 2008I'm proud to tell you that I'm being locked up...that's right, I'm going behind bars to help Jerry's Kids and MDA. To be released on good behavior I have to raise bail and I need your help! All you have...
How Much Should You Pay For Auto Insurance In Texas?
Posted on August 04, 2008The Texas Department of Insurance has a great consumer resource ?a comparison of automobile insurance rates from all the major insurance companies in Texas. Check it out.
Dallas Area Ranks 3rd In Mail Carrier Dog Bites
Posted on August 01, 2008Here's an interesting fact: Dallas ranks number three in the nation for most postal employees bitten by dogs. For more information about dog bites in general, visit our Web site at DogBiteInjuries.com. Here are excerpts from a Dallas Morning News...
Social Security Launches New Retirement Estimator
Posted on July 31, 2008The Social Security Administration has made available a new online tool for calculating retirement benefits. Here is the description from the Social Security Administration Web site: Social Security is proud to announce the new ?Retirement Estimator? at www...
Featured Link - Cuil.com
Posted on July 30, 2008There's a new rival to search engine powerhouse Google ?this time from former Google employees. Their new site is Cuil.com, and here is their explanation: Welcome to Cuil?the world?s biggest search engine. The Internet has grown. We think it?s time...
Pilot Program Works In Catching Uninsured Drivers
Posted on July 30, 2008I've written before about the pilot program underway in Texas to catch uninsured motorists. The program has been in test mode long enough now for some results to come in. According to the Dallas Morning News, it's working in Austin....
Featured Link - Gas-Guzzler Trade-In Calculator
Posted on July 29, 2008Edmunds.com has an interesting Gas-Guzzler Trade-in Calculator on its Web site. If you're trying to decide whether it makes sense to keep your old SUV or trade it in, you can get your answer here. This is the site's description:...
Compromise Reached On Product Safety Bill
Posted on July 29, 2008The House and Senate have finally reached a compromise agreement on a products safety bill that has been many months in the planning. The result seems to be a victory for consumers. The bill, which is expected to be signed...
Yet Another Texas Child Left Inside Hot Car Dies
Posted on July 28, 2008Another North Texas infant has died after being left in a hot car yesterday. This is so terribly tragic, so utterly predictable, and so completely preventable. It's summer in Texas, people. It gets hot. Yesterday was about 105 degrees. That's...
Featured Link - Inflation Calculator
Posted on July 27, 2008Ever wonder what a dollar's worth of groceries in 1929 would cost today? Well, I can tell you that one ? $12.61. But if you have any other questions like that you can visit the inflation calculator on the Web...
Featured Link - Texas Department Of Assistive And Rehabilitative Services
Posted on July 26, 2008From the Web site of the Texas Department of Assistive and Rehabilitative Services: The Department of Assistive and Rehabilitative Services, or DARS, administers programs that ensure Texas is a state where people with disabilities, and children who have developmental delays,...
Friday Fun
Posted on July 25, 2008Not all of this is strictly for fun, but I'm including it as Friday Fun anyway. There are an astonishing number of do-it-yourself video sites popping up on the Internet. I think that's fantastic. What better way to learn to...
Featured Link - CiteHealth.com - Health Care Ratings
Posted on July 24, 2008The Web site CiteHealth lets you "Give your health care providers a checkup." From the site: CiteHealth is a health care ratings website for consumers to evaluate their health care providers quality in an effort to enable them to make...
Featured Link - BenefitsLink.com - ERISA Information
Posted on July 23, 2008Need to know something about ERISA plans? Chances are, you'll find the answer at BenefitsLink. Welcome! Our goal is to help you, the employee benefits professional, do your job. Every day we link you to the freshest news, analysis, opinions...
Study: Sick Truckers Causing Fatal Wrecks
Posted on July 23, 2008The Dallas Morning News has reported a shocking story about long-haul truckers who are legally disabled yet continuing to drive. These drivers have contributed to many fatal collisions. This story was especially timely to our law firm because two lawyers...
Why Doctors Should Worry About Preemption
Posted on July 22, 2008Doctors, trial lawyers, and consumers actually have mutual interests in the continuing battle over "preemption." Preemption is the doctrine, whether by statute or case law that basically says if a product, such as a medical device or drug, is approved...
Helping Clients Who Have Language Challenges
Posted on July 21, 2008Guest Post By Cheryl Stephens ?thanks Cheryl. Lawyers who represent people with language challenges or other disabilities ought to be aware that many of those disabilities can affect their clients? ability to process information. But you can help make it...
Facebook Gets A Facelift
Posted on July 21, 2008An increasing number of lawyers are using the social networking Web site Facebook for making connections with lawyers in other practice areas or other geographic areas. Personally, I have three of my firm's blogs listed at Facebook, and encourage readers...
Fake Speed Bumps Slow Traffic (Temporarily)
Posted on July 19, 2008Here's the latest technological innovation to control traffic ?fake three-dimensional speed bumps embedded in streets in Philadelphia. From a distance, the bumps look real and drivers slow down (at least the drivers slow down until they catch on to the...
Friday Fun
Posted on July 18, 2008I'm sorry, this is blatantly political, but it's just so funny. If you're a Republican please do not watch Bush Tours America To Survey Damage Caused By His Presidency.
Texas Needs Homeowner Insurance Rate Relief
Posted on July 18, 2008The Dallas Morning News published a good letter to the editor today regarding the outrageous homeowner insurance premiums in Texas. The letter is from the executive director of Texas Watch. Re: "Let Deregulation Work ? Prices for homeowners insurance have...
Texas Has Hired Ineligible People To Care For The Disabled
Posted on July 17, 2008A disturbing story in the Dallas Morning News gives details from a state audit finding that Texas has hired caregivers who should have been ineligible due to past records of abuse. Here are excerpts: The state institutions for people with...
Featured Link - RepairPal.com
Posted on July 17, 2008A Tip of the Hat to Tom Mighell for telling me about this great Web site. RepairPal.com points out auto repair shops with good reputations that are in your neighborhood, tells you what certain repairs and maintenance should cost, and...
Featured Link - NowThatYouAre18.org
Posted on July 16, 2008A county bar association in the state of Nevada has published an excellent Web site filled with information for teens who turn 18 and become legal adults. The name of the site is NowThatYouAre18. While much of the information is...
Doctors-Insurers Confrontation Heats Up
Posted on July 15, 2008The Dallas Morning News ran a long but interesting story about the increasing frictions between doctors and health insurance companies regarding reimbursement for medical bills. The gist of the story is that insurance companies are denying so many claims that...
Need Computer Repairs ? Be Careful Who You Hire!
Posted on July 15, 2008The geniuses in our Texas Legislature have been at it again. This time they managed to pass a law, admittedly written by the private investigators' lobby, that will require every person who does computer repair in Texas to be a...
Featured Link - Mesothelioma & Asbestos Support Groups
Posted on July 14, 2008From the very good Web site of the Mesothelioma & Asbestos Awareness Center comes this information about support available for those who have been diagnosed with this terrible disease. Mesothelioma Support With the numbers steadily rising for those infected with...
Will Technology Solve Our Parking Problems?
Posted on July 13, 2008This article from the New York Times has nothing at all to do with personal injury clients and Social Security disability claimants, but seeing it made me realize how far we've progressed technologically in the past few years. Who could...
Signs And Speed Limits Make America Less Safe?
Posted on July 13, 2008Today's Dallas Morning News has a fascinating editorial piece by John Staddon, who "explains why stop signs and speed limits make America less safe." The article is worth reading in full, but the gist is that America's roads are less...
Traffic Fatalities In Texas Drop For Fifth Straight Year
Posted on July 11, 2008The number of traffic fatalities dropped in Texas for the fifth straight year, despite the record number of cars and drivers on state roadways, according to a report released this month. The 3,422 traffic deaths in 2007 reflect a 2.7...
Friday Fun
Posted on July 11, 2008I love the original Bloons game, and now there's a Players Pack version that's also fun. Try it.
Featured Link - American Sign Language Video Dictionary
Posted on July 10, 2008From the good people at ASLPro comes an excellent video dictionary of American Sign Language letters and words. If you're trying to learn sign language to help a person who has a disability or if you're wanting to teach sign...
Featured Link - RideSearch.com
Posted on July 09, 2008With gas prices soaring out of sight, more and more people are carpooling to work. One of several sites that tries to help people find carpools is RideSearch. Check it out if you want to see if anyone else is...
Allstate Ranks As Worst Insurer For Consumers
Posted on July 09, 2008This press release was issued today by the American Association for Justice: ALLSTATE RANKS AS WORST INSURER FOR CONSUMERS Insurance Industry Employs "Deny, Delay, Defend" Strategy, Puts Profits Over Policyholders WASHINGTON, DC ? Allstate ranks as the worst insurer for...
Medicare Updates Nursing Home Ratings System
Posted on July 08, 2008From the Dallas Morning News comes an article about changes to Medicare's rating system of nursing homes. In an effort to simplify the Web site, Medicare will go to a "Five-Star" ratings code. Here are excerpts from the article: The...
Featured Link: Asbestos & Mesothelioma Center
Posted on July 07, 2008From the excellent Asbestos & Mesothelioma Center Web site comes this information about asbestos exposure in Texas. Please visit the Asbestos & Mesothelioma Center for more information about asbestos and related health risks. Texas (TX) Mesothelioma and Asbestos Exposure Everything...
Featured Link - Map Of Free Wi-Fi Hotspots
Posted on July 06, 2008Traveling to a new area and need wi-fi access? Check ahead of time with WeFi.com. That's a user-donated map site of wi-fi networks. Some of these are commercial and some are just unsecured private networks. The unsecured ones might be...
Bicycle Injuries And Deaths Increase In Dallas
Posted on July 06, 2008The Dallas area has seen a serious increase in the number of bicycle-auto collisions this year. In a one-week period in June seven cyclists were injured or killed. A recent issue of Bicycling magazine rated Dallas as one of the...
Identity Theft - Is The Government Helping Or Hurting?
Posted on July 05, 2008As I've written here before, your Social Security number is the most important key to identity theft. With that number, a thief can get all the other information necessary to start using your identity. You must protect that information, and...
Happy 4th Of July!
Posted on July 04, 2008I hope you get to have fun with friends and family today, but please remember why this is a holiday. You can read all about Independence Day at Wikipedia.
It's Independence Day - When Did We Lose Our Privacy?
Posted on July 04, 2008This is the 4th of July, and I'm on the computer in the time between a picnic this morning and dinner and fireworks this evening. I was struck by the irony of an article in the New York Times on...
Friday Fun
Posted on July 04, 2008Help! The earth is in peril from asteroids. But you can save the planet by maneuvering the moon to block out the asteroids. Sound pretty dumb? Yeah, it pretty much is, but Earth Defense gives you something to do while...
Featured Link - My Safe Home
Posted on July 03, 2008The Home Safety Council has a great section of their Web site on safety tips around the house. Everyone should see this, especially people with small children or elderly parents in the home.
Sprint Fidelis Litigation Update
Posted on July 03, 2008Tom Lamb at Drug Injury Watch has written about the spate of lawsuits filed in Sprint Fidelis cases, and Medtronic's potential defense, based on the recent Reigel decision. Here's a brief excerpt. Please read Tom's post. The November 4 hearing...
Featured Link - AdvocateWeb.com
Posted on July 02, 2008I received a nice e-mail recently from Cindy Boling of AdvocateWeb. She complimented this blog and suggested I look at her organization, which was formed in order to help victims of abuse or exploitation by trusted professionals. The site has...
Featured Link - Warning Signs For Elderly Drivers
Posted on July 01, 2008HelpGuide has a really wonderful page about unsafe elderly drivers ?warning signs that they may be putting themselves and others at risk, steps to take if you are concerned about an elderly driver, and helping a senior adjust to not...
Filing Complaints Against Unsafe Truck Drivers
Posted on July 01, 2008Today's Dallas Morning News has a good article about filing complaints about unsafe truck drivers. Here are some excerpts: When The Dallas Morning News investigated truck safety in Texas in 2006, reporters heard from folks all over about flying debris...
Friday Fun
Posted on June 27, 2008Here's a Web site that's bound to be controversial because it offers such a huge potential for misuse. At RottenNeighbor.com you can report any of your neighbors yo don't like (or any that you do like). The goal apparently is...
Lightning Safety Tips
Posted on June 24, 2008This is Lightning Safety Week in the United States. Here are a few tips on lightning safety from the National Weather Service Web site: In the United States, there are an estimated 25 million lightning flashes each year. During the...
Featured Link - Bursitis.org
Posted on June 18, 2008Bursitis alone is generally not sufficiently disabling to allow someone to receive Social Security disability benefits. However, many of our disability clients do suffer from bursitis, along with other ailments and conditions.The Web site Bursitis.org has good information about the...
Adding Insult To Injury At The Workplace
Posted on June 16, 2008This is a guest post from Heather Johnson. Ms. Johnson is a regular commentator on the subject of criminal justice careers. She welcomes your feedback and potential job inquiries at heatherjohnson2323 at gmail dot com. What do you do when...
Social Security?s New Homepage
Posted on June 16, 2008I received this announcement today from the Social Security Administration: Social Security?s New Homepage Social Security has redesigned its homepage to make it more welcoming and user- friendly. The new page is cleaner, easier to navigate and makes better use...
Social Security???s New Homepage
Posted on June 16, 2008I received this announcement today from the Social Security Administration: Social Security???s New Homepage Social Security has redesigned its homepage to make it more welcoming and user- friendly. The new page is cleaner, easier to navigate and makes better use...
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 - DriverSide.com
Posted on June 12, 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...
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...
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...
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...
Friday Fun
Posted on June 06, 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.
Epilepsy And Social Security Disability Benefits
Posted on June 03, 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...
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...
Friday Fun
Posted on May 30, 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...
Uninsured Drivers' Cars Will Soon Be Towed In Dallas
Posted on May 30, 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,...
Featured Link - ChunkIt! Web Search Assistant
Posted on May 29, 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...
Featured Link - Body Mass Index Calculator
Posted on May 28, 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...
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...
Iraq Veterans Suffer Increase In Post Traumatic Stress Disorder Injuries
Posted on May 28, 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...
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...
Texas Panel Calls For State Oversight Of PPO Health Insurance Plans
Posted on May 24, 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...
Friday Fun
Posted on May 23, 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...
Featured Link - All My Faves
Posted on May 21, 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.
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...
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...
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...
Friday Fun
Posted on May 16, 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?
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,...
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...
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...
Isn't The Smart Car Cute?
Posted on May 14, 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...
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, 2008I'm awful at geography, but even I can do pretty good on this geography puzzle. All you have to do is place the 50 U.S. states on a map. The game calculates your average error in miles, and tells you...
"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...
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...
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...
Friday Fun
Posted on May 02, 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...
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...
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...
"Fatal" Mistakes Social Security Disability Clients Make
Posted on April 28, 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...
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...
Featured Link - Web 2.0 Directory
Posted on April 26, 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,...
Friday Fun
Posted on April 25, 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...
Featured Link - Internet Crime Complaint Center
Posted on April 24, 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...
Featured Link - FoodSafety.gov
Posted on April 23, 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...
Reminder - Texas Auto Liability Minimum Limits Raised
Posted on April 22, 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...
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...
Friday Fun
Posted on April 18, 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...
Featured Link - Case Management Resource Guide
Posted on April 16, 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...
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...
Beware Of A "Rootkit" Virus
Posted on April 12, 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...
Friday Fun
Posted on April 11, 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...
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...
Arthritis And Social Security Disability
Posted on April 08, 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...
Drug Makers Near Old Goal: A Legal Shield
Posted on April 07, 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...
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...
Frivolous Disability Claims Are Overloading The Social Security Disability System
Posted on April 05, 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...
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...
Friday Fun
Posted on April 04, 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 - Public Library Of Law
Posted on April 03, 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...
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...
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....
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...
Featured Link - The American Chronic Pain Association
Posted on March 29, 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...
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...
Friday Fun
Posted on March 28, 2008This Shift game has great potential, but I'm awful at it. Someone do well, and tell me how you did it.
Roadside Assistance On Texas Highways
Posted on March 27, 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...
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...
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...
Featured Link - NoEthics.net
Posted on March 22, 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...
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...
Featured Link - Texas Fights I.D. Theft
Posted on March 18, 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 And Social Security Disability
Posted on March 17, 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...
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 13, 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...
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...
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...
Friday Fun
Posted on March 07, 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,...
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...
Featured Link - OnGuard Online
Posted on March 04, 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, 2008I hadn't played Mah Jongg in years until I stumbled across this online version. Very relaxing.
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 23, 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, 2008Here's a strangely restful little game called Filler. Check it out.
Tips On Preventing Identity Theft
Posted on February 21, 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...
Which Presidential Candidate Is Your Best Match?
Posted on February 15, 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...
Friday Fun
Posted on February 15, 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...
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...
Bipolar Disorder And Social Security Disability Benefits
Posted on February 13, 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)...
Friday Fun
Posted on February 08, 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.
New Jersey Lawyer Sent To Jail For Soliciting Cases
Posted on February 07, 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 03, 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...
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.
Friday Fun
Posted on January 25, 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.
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...
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, 2008Thank you Mark Merenda for this great link explaining to employers how best to deal with female employees. It's from a 1943 issue of Transportation Magazine and sounds ridiculous from a viewpoint of 2007. An excerpt:There is no longer any question whether transit companies should hire women for jobs formerly held by men...
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...
How To Burglarproof Your Home
Posted on January 15, 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.
The Truth About Medical Malpractice Litigation
Posted on January 14, 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 12, 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...
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 10, 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...
Tips If You Slip And Fall
Posted on January 09, 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...
Featured Link - Arc Of Dallas
Posted on January 08, 2008The Arc of Dallas is a nonprofit organization whose mission is to improve the quality of life for people with intellectual and related developmental disabilities. It was formed in 1951 by a group of parents who joined forces to fight for their children???s rights to be educated in the public school system...
A Bad "Solution" To A Perceived Medical Malpractice Insurance Problem
Posted on January 07, 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...
Anti-Consumer Preemption Case Nears Completion
Posted on January 05, 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...
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...
"Shocking" Report About Heart Attacks
Posted on January 04, 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...
Friday Fun
Posted on January 04, 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.
Slip And Fall Cases In Texas
Posted on January 03, 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...
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...
Road Map For Filing For Social Security Retirement Benefits
Posted on January 02, 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...
Featured Link - Free Online File Backup
Posted on January 01, 2008None of us backs up computer files as often as recommended, but there's a great free service that makes backing up both painless and automatic. You can get a completely free online backup of up to 2 GB from Mozy.com. That's not enough for all your photos and video, but it'll cover your spreadsheets and document files...
Link of the Day - Crime Reports Online
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. Crime Reports Live is a Web site where you can search for information on recent crimes in your neighborhood (or anywhere else). Here is information from the site:The Community Safety Management Network is here for your safety...
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