Cleveland Personal Injury Lawyer - Miscellaneous

Plum Organics Baby Food Recalled for Possible Botulism Contamination

Nick DiCello — Wed, 21 Oct 2009 13:25:26 GMT

On October 20, 2009, Plum Organics, a california-based organinc baby food brand, voluntarily recalled a particular batch of its 4.22 oz. Apple & Carrot Pouch baby food. The pouches at risk of being contaminated with Clostridium botulinum, the bacteria that causes botulism, have a best by date of May 21, 2010 and all contain the following universal product code ("UPC") code: #890180001221. These particular pouches are sold exclusively at Babies-R-Us and Toys-R-Us stores nationally.

Botulism is a rare but serious paralytic illness caused by a nerve toxin that is produced by the bacterium Clostridium botulinum. Botulism can be fatal and is considered a medical emergency. The classic symptoms of infant botulism include lethargy, constipation, a weak cry, muscle weakness, and poor feeding. These symptoms result from muscle paralysis caused by the bacterial toxin. For more information on botulism see the Center for Disease Control and Prevention's website on Botulism.

Consumers who have purchased the potentially infected pouches should not feed the food to their infants, even if the the food looks or smells ok. Rather, all consumers who have purchased the potentially infected pouches are entitled to a full refund at any Toys-R-Us or Babies-R-Us location.

Originally posted at InjuryBoard by Nick DiCello

Insurer Ordered to Pay $10,000,000.00 for Bad Faith Termination of Health Insurance Policy

Nick DiCello — Wed, 14 Oct 2009 11:15:57 GMT

On September 14, 2009, the South Carolina Supreme Court upheld a jury verdict against Fortis Insurance Company, now known as Assurant Health or Time Insurance Company, for wrongfully terminating Jerome Mitchell, Jr.'s health insurance coverage after he was diagnosed HIV positive. The Court upheld the verdict, but reduced the punitive damage award from $15,000,000.00 to $10,000,000.00.

Mitchell, a 17 year-old student, sued Fortis for breach of contract and bad faith termination of his insurance coverage in 2003. Fortis cancelled Mitchell's coverage after receiving claims regarding treatment for Mitchell's HIV-positive diagnosis. Mr. Mitchell's coverage was terminated during a two-hour Fortis "Rescission Committee" meeting, at which the Committee also considered 45 other rescission cases. Fortis terminated coverage on the purported basis that Mr. Mitchell had misrepresented his HIV-positive status on his application for coverage. Evidence at trial, however, clearly demonstrated that the information on which Fortis was allegedly relying was inaccurate. Specifically, a single entry in Mr. Mitchell's medical records included an incorrect date. Mr. Mitchell, his health care providers, and his attorney attempted to bring the mistake to Fortis' attention, but the insurer refused to reinstate coverage for approximately 20 months. Evidence at trial strongly suggested that Fortis was aware it had no basis for the termination, and the South Carolina Supreme Court determined the evidence was sufficient to demonstrate that Fortis "tried to conceal the actions it took in rescinding Mitchell's policy."

South Carolina's highest Court also found "ample evidence in the record to establish that Fortis's conduct was reprehensible," and that Fortis "was deliberately indifferent to its contractual obligations and to Mitchell's health and wellbeing." Click here for a copy of the Supreme Court's written opinion.

Assurant's "post-claim underwriting" (reviewing medical recrods after claims are presented rather than during medical underwriting before coverage is issued) and rescission practices have come under recent fire. Amazingly, Fortis argued to the South Carolina Supreme Court that post-claim underwriting was perfectly legal, and thus apparently an acceptable practice! This summer, Assurant and other large health insurers were called to testify before Congress about rescission. Also testifying were individuals and family members of people who have had their health insurance rescinded, most of whom when they needed it most after being diagnosed with a terminal illness. I attended the hearing. The outrage on Capitol Hill was palpable.

Assurant CEO, Don Hamm, testified that his company's Enrollment Forms and applications are easy for the consumer to understand. When asked about the definition of certain medical terms used in the form, however, Mr. Hamm admitted he did not know the meaning of the terms, and in fact he could not say whether the copy of the form he was shown by Representative Bart Stupak of Michigan was current or not. Mr. Hamm's testimony drew laughs and gasps from the audience and several members of Congress could only shake their heads. Not surprisingly, Mr. Hamm decided not to testify at the next hearing held in Indiana. For a press release about Mr. Hamm's testimony issued by the House Committee, see Insurance Company Executive Cannot Explain His Own Application Form.

Fortis fought Mitchell's claims for more than 6 years. Now, finally, however, Fortis is being made to pay for its reprehensible conduct. Hopefully this award will send a message to Fortis/Assurant and other health insurers that engage in post-claim underwriting and bad faith termination that their conduct will not be tolerated and will be punished. Mr. Mitchell and his counsel are to be commended for standing up to Assurant and perservering for the past 6 years.

The attorneys at Spangenberg, Shibley & Liber, LLP are currently handling and investigating wrongful health insurance termination and wrongful claim denial cases againt Fortis/Time Insurance Company/Assurant Health. If you or someone you know has had health insurance coverage cancelled or claims denied, contact us for a consultation.

Originally posted at InjuryBoard by Nick DiCello

Boating Safety in Ohio

Margaret Embry — Mon, 22 Jun 2009 14:16:32 GMT

According to the Ohio Division of Natural Resources (ODNR), Division of Watercraft, there were 155 boating accidents in 2007 in Ohio. Out of the 155 accidents, there were 80 injuries and fourteen fatalities. Twelve out of the fourteen victims who died as a result of a boating-related accident were not wearing lifejackets.

Passenger/Skier Behavior, Operator Inexperience, Careless/Reckless Operation, Alcohol Use, and Operator Inattention combined to cause 43% of the reported accidents, and resulted in half of the 14 fatalities.

The ODNR Divion of Watercraft has developed the four S.A.F.E. Boating Principles, which, if followed, will allow boaters to have a safer and more enjoyable boating experience.

Sober boating - drive your boat sober

Alertness - look first and have a proper lookout

Fasten life jacket - buckle up and wear the gear

Education - get trained

Please see the ODNR Division of Watercraft Safety Tips for more boating safety information.

Boating on Lake Erie, specifically, poses unique problems not found in other areas. A few things boaters should be aware of: 1) minimal navigation equipment includes a compass and an up-to-date chart of the lake, as well as a basic understanding of navigation and navigation tools; 2) Lake Erie storms are known for catching boaters by surprise so chack the forecast before boating, monitor the weather on a marine radio, and head for safety as soon as you are aware of bad weather; 3) A seaworthy boat designed for rough waters is necessary considering Lake Erie can produce rolling and sometimes violent waves; and, 4) be able to recognize the commercial fishnets that are in the lake (they are marked with red flags).

For additional safety information specific to Lake Erie, please visit Ohio's Boater Education website, BoatEd.

Originally posted at InjuryBoard by Margaret Embry

Cleveland Injury Attorneys at Spangenberg, Shibley & Liber, LLP Among 'The Best Lawyers in America'

Nick DiCello — Fri, 16 Jan 2009 10:17:12 GMT

Five lawyers from Spangenberg, Shibley & Liber LLP were recently selected by their peers for inclusion in The Best lawyers in America® 2009. The recognition highlights the medical malpractice and personal injury expertise of the law firm.

Cleveland, Ohio - December 2, 2008 -- Five Cleveland lawyers concentrating their practice on personal injury and medical malpractice have received singular recognition for their work on behalf of aggrieved consumers and corporations. Peter Weinberger, Dennis Lansdowne, Peter J. Brodhead and William Hawal of Spangenberg, Shibley & Liber LLP have been named among 'The Best Lawyers in America' by legal publisher Woodward/White, Inc., of Aiken, S.C. John D. 'Jack' Liber was also chosen for his unique skill in the field of alternative dispute resolution.

"We are honored to be chosen as leaders in the field of medical malpractice and personal injury litigation," acknowledged the firm's managing partner, Peter H. Weinberger. "We pride ourselves in being the firm other lawyers turn to when the stakes are high, the litigation is complex, the financial constraints are great or the required expertise is vital to the outcome."

Pete Weinberger, Peter Brodhead, Bill Hawal, and Dennis Lansdowne were also selected as "Ohio Super Lawyers" by the publishers of Law & Politics for 2009. Nicholas DiCello was named to the list of "Rising Stars," which recognizes the achievments of attorneys under the age of 40.

Originally posted at InjuryBoard by Nick DiCello

Spangenberg Lawyers File Wrongful Shooting Case Against Hancock County Sheriff

Nick DiCello — Wed, 24 Dec 2008 13:19:14 GMT

On December 10, 2008, the lawyers at SS&L filed suit in federal court in West Virginia against the Sheriff of Hancock County on behalf of Charles Penson, a 37-year old Ohioan who was shot multiple times in the neck and back rendering him permanently quadriplegic.

On April 18, 2007, Hancock County Sheriff Deputies lured Mr. Penson to a private residence in Newell, West Virginia under the false pretenses of meeting Mr. Penson’s auto mechanic. In reality, the Sheriff’s Deputies intended to serve a federal arrest warrant on Mr. Penson.

As he approached the doorway at the rear of the house, Mr. Penson was shot in the neck. Claiming not to know who had shot him, Mr. Penson attempted to run to his vehicle. He was shot multiple times in his back as he attempted to flee. Charles Penson was unarmed.

As a result of multiple gun shot wounds, Mr. Penson is permanently quadriplegic. He has no use of his arms or legs and requires 24-hour care.

Law enforcement may only use deadly force when faced with the threat of imminent death or serious physical injury to themselves or others, or when the suspect has committed a crime which has caused or threatened death or serious physical injury. Mr. Penson claims the shooting which left him permanently and significantly disabled and disfigured was unlawful. Specifically, he claims the Hancock County Sheriff’s Deputies violated his constitutional rights, including his right to be free from unlawful arrest and seizure and the use of excessive force.

Originally posted at InjuryBoard by Nick DiCello

U.S. Department of Justice Study Shows that Plaintiffs Win More than Half the Time In State Courts

Halli Brownfield — Wed, 29 Oct 2008 17:28:15 GMT

A new U.S. Department of Justice report shows that Plaintiffs win 56% of the time in civil trials tried in state courts in 2005. D.O.J. statistics suggest that Plaintiffs fare better when a judge decides their case with judges ruling in their favor 68% of the time while juries found for the Plaintiff only 54% of the time. The median damage award in these state cases was $28,000. Only 14% of plaintiffs won more than $250,000 and only 4% were awarded more than $1 million. Punitive damages were awarded only 5% of the time and the median punitive damages award was $64,000. Tort claims compose 61% of the cases tried in state courts and of these tort claims car accidens are the most common.

While this study indicates that Plaintiffs win more often than not, the number of cases going to trial and the amount of damages awarded have been decreasing. The D.O.J.'s report indicates that the number of civil trials decreased by 52% from 1992 to 2005 in the country's 75 most populous counties. In these 75 counties, the median award decreased from $72,000 to $43,000 in the same time period. However, in products liability and medical malpractice cases, the median award has actually increased considerably.

Originally posted at InjuryBoard by Halli Brownfield

Allstate Hit With $16 Million Bad Faith Award

Halli Brownfield — Tue, 14 Oct 2008 18:12:09 GMT

Demonstrating why the American Association for Justice has named Allstate the worst insurance company in America, a Missouri appellate court has upheld a $16 million judgment against it for failing to settle for the $50,000 policy limits in a clear cut case of its insured's liability.

Allstate's insured drove left of center on a highway causing a head on collision with another vehicle resulting in life threatening injuries to its two occupants, Edward and Virginia Johnson. The Johnsons required extensive hospitalization and treatment. After Allstate refused to settle for the policy limits, the Johnson's reached a $5 million settlemement with the tortfeasor in which they agreed not to collect against him but allowed the Johnson's to bring a bad faith refusal to settle claim against Allstate.

Allstate defended the case by arguing that it was uncertain whether the collision caused the Johnsons' injuries. Not surprisingly, the jury didn't buy it and awarded the Johnson's $5.8 million in compensatory damages and $10.5 million in punitive damages. In July of this year, the Missouri Court of Appeals affirmed finding the verdict justified: "Allstate's failure to recognize the severity of the Johnson's injuries and the probability that the claim would far exceed Davis's policy limits; its failure to investigate the claim and respond to the demand in accordance with insurance industry standards and its own good faith claim handling manual; and its failure to advise Davis [the tortfeasor] of the demand, his likely exposure for an excess judgment, and his right to reain counsel, are all circumstances supporting a reasonable inference that Allstate's refusal to settle was in bad faith."

For more information see:

http://www.insurancejournal.com/news/midwest/2008/07/30/92333.htm

http://www.justice.org/cps/rde/xchg/justice/hs.xsl/604.htm

Originally posted at InjuryBoard by Halli Brownfield

Health Insurance Costs Continue to Rise

Nick DiCello — Fri, 26 Sep 2008 11:45:27 GMT

According to a recently published report by the Kaiser Family Foundation and Health Research & Educational Trust, health insurance premiums have doubled since 1999 and will continue to skyrocket in the future. This is bad news for employers and employees alike.

An average employer-based family plan now costs the employer an average of $12,680 per year. And workers are paying about $3,354 a year from their wages to cover their share, double what they paid just nine years ago. Furthermore, more and more people are being forced into high-deductible plans.

Health insurance premiums rose 5% over the last year, a modest increase over the past several years. Health insurance premiums have doubled, however, since 1999! This is true even though several states have passed legislation limiting medical malpractice suits and jury awards.

The current situation is untenable. According to Drew Altman, President and CEO at Kaiser, health insurance premiums are rising 3 1/2 times faster than wages. A recent study conducted by Families USA found that health insurance premiums in Ohio rose 76.4 percent from 2000 to 2007 - from $6,596 to $11,636! Again, this is despite all of the "tort reform" legislation that deceivingly convinced Ohioans that lawsuits were the culprit responsible for rising health insurance costs.

The numbers do not lie. "Tort reform" has not reduced the cost of health care or health insurance. Furthermore, it is undeniable that the United States is in the midst of a health insurance coverage crisis.

Originally posted at InjuryBoard by Nick DiCello

Former Allstate CEO to Run AIG - Yikes!

Nick DiCello — Fri, 19 Sep 2008 17:50:26 GMT

Next in line for a government, i.e taxpayer, bailout is the biggest insurance company in the world, American International Group, Inc. ("AIG"). The United States government has been forced to supplement the premiums AIG collects from us with $85 billion of our tax dollars. And if this news was not bad enough, AIG recently announced the appointment of former Allstate Corp. CEO, Edward Liddy, as the new Chairman and CEO of AIG. Allstate recently topped the list of the Top Ten Worst Insurance Companies in America, a report published by the American Association for Justice ("AAJ").

According to the AAJ's report, "there is no greater poster child for insurance industry greed than Allstate." AAJ's investigation revealed that when Allstate policyholders file a claim, they are often offered an unreasonably low payment for their injuries. This offer is generated by a secretive claim-evaluation computer program called Colossus. Allstate insureds who accept the low settlement offer are treated with "good hands." Those who refuse the low offer usually get the "boxing gloves": an aggresive litigation strategy aimed at denying the insured's claim at any cost. Allstate implemented this unconscionable practice while Edward Liddy was at the helm from 1999 to 2006 when he retired, receiving more than $25 million in benefits. Liddy was paid almost $19 million in salary for 2006.

According to Liddy's immediate successor at Allstate, its corporate mission is clear: "our obligation is to earn a return for our shareholders." Unfortuntately, Allstate's mission and dedication to its shareholders comes at a huge cost to its insureds.

Now Liddy will take his experience gained in maximizing Allstate's returns, at the tremendous cost to Allstate's insureds, to the largest insurance company in the world, AIG. His task at AIG? To stem record losses, maximize corporate returns and raise cash to pay back the $85 billion government bailout loan. Its no wonder why Edward Liddy was chosen to run AIG and, given his track record, its no wonder how he will do it. Looks like more bad news for AIG policyholders, and the rest of us who seek security and fairness in the insrance industry.

Originally posted at InjuryBoard by Nick DiCello

U.S. Census Bureau to Release Report on Number of Uninsured in America

Nick DiCello — Thu, 28 Aug 2008 10:58:33 GMT

The United States Census Bureau announced it will soon release a report estimating the number of Americans who are without health insurance coverage. And while different surveys arrive at different figures, no one disagrees that the number of Americans who have been without health insurance for at least one full year is greater than 30 million (millions more are uninsured at a particular time). Furthermore, no one disagrees that this number is growing. Finally, no one can disagree that this number is too big. Regardless of your opinion with respect to private vs. public or government helath care, we need to find a solution to what has become a crisis in this country.

No doubt, the figure released by the Census Bureau will be repeated in speech after speech this election season. This issue, however, has become over-politicized. Guranteeing health care to our own citizens is a moral issue, and as a country we have a moral obligation to provide all of our citizens with quality health care. The idea that only the wealthy are entitled to quality health care is repugnant. Equally repugnant is the idea that people with serious medical conditions, and who require care most, cannot get coverage becuase no insurer will cover them.

The Census Bureau's forthcoming report will merely confirm that which we all should be acutely aware of: at greater than 30 million, too many American individuals and families are uninsured. In America we can and must do better.

Originally posted at InjuryBoard by Nick DiCello