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North Carolina Residents Wait Years for Social Security Disability

The Asheville Citizen Times reports that people in North Carolina who are not able to work due to a long-term illness or disability are waiting an average of three years for Social Security Disability benefits from the time that they submit their initial application.

According to Nancy G. Shor, executive director of the National Organization of Social Security Claimants' Representatives, the wait time for workers seeking Social Security Disability has gotten exponentially worse over the last eight years on a national level. According to her U.S. Senate testimony, the average wait time for a SSD case in 200 was 274 days. This year, the average wait time for disability benefits had climbed to an average of 541 days - or a little over a year and a half.

The situation in North Carolina is even worst than the very sobering national average statistics. Reporter Leslie Boyd found that the Social Security office in Greenville, South Carolina (where many North Carolina cases are processed) is under court order to deal with cases that are over 900 days old - almost three years. The office is one of the slowest and farthest behind in the country, according to a survey taken in Fall 2007, with the average Social Security Disability case delayed for 624 days after filing.

In April, Income Security and Family Support Chairman Jim McDermott (D-Wash.) had this to say: "Today, more than 1.3 million disabled Americans are waiting for Congress to do the obvious: find a solution. We're taking steps to fix this, because these disabled Americans deserve nothing less. The backlog in processing disability claims is a burden and barrier for disabled individuals who are waiting for critical cash assistance and health care coverage."

How does this enormous backlog of disability benefits affect everyday North Carolina residents? Many claimants who are waiting three years for disability benefits become sicker, struggle financially, and are under overwhelming amounts of stress to survive. Some even go bankrupt, become homeless, lose their family, die of their disease, or commit suicide.

Rebecca Bell of Asheville, North Carolina, is just one example of what is happening in the state. Bell injured her back in 2003 and was soon after diagnosed with bi-polar disorder - both of which rendered her unable to work. However, when she applied for benefits, she found herself being rejected even after two appeals spread over the next two years.

As her back pain and emotional pain mixed with the stress of her finances, Bell became addicted to pain medication, lost custody of her children, and lost her home. Bell was finally approved in September of 2007, with the help of a Social Security Disability lawyer.

Many believe that the government counts on as many as half of Social Security Disability applicants to give up during the long and frustrating process. One of the core issues is also staffing by the Social Security Administration, with no increase in staff for the last 40 years, despite a backlog of 12,000 cases in Greenville.

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Elder Abuse Symposium Honors Victim of Nursing Home Neglect

Joyce Landauer would rather be visiting her father than attending a yearly seminar in his honor. But with no choice, she shows up and answers questions about her father's ugly death five years ago in a suburban Philadelphia nursing home. A nurse's aide was convicted of homicide in the death of William Neff and is serving a 12-30-year prison sentence, according to The Intelligencer in Bucks County, Pa.

 

Five years ago, Neff was a resident at the now closed Alterra Clare Bridge assisted-living home in Lower Makefield, Pa. Suffering from Alzheimer's, Neff soiled his bed one day, prompting 34-year-old Heidi Tenzer to lose her temper and stomp on his body after she yanked the man out of his bed to change the sheets. The nurse's aide's assault caused four broken ribs and a punctured lung, according to the autopsy.

However, no one at the facility witnessed the attack. For seven days, Neff writhed in agony, unable to speak due to his dementia. He died one week later in the same bed..

But someone else noticed the injury and called police. As Neff's body was being prepared in the funeral home, the funeral director noticed a shoe mark on Neff's back.

When Bucks County detectives investigated at Alterra Clare Bridge, officials there refused to cooperate. Altera's corporate lawyers forbid Tenzer to speak and did not allow the rest of its staff to talk to police. A Bucks County district attorney took the case to a grand jury and three years later, Tenzer was brought to trial. The single mother who worked double shifts was convicted of third-degree murder in 2003.

The grand jury then urged legislators to fix the assisted living system. The Intelligencer reported that, at the time, assisted living facilities were regulated in a shoddy manner. In 2008, a new law was passed in the Pennsylvania General Assembly, requiring assisted living home employees to report cases of neglect and abuse. Another state law mandates the Internet posting of facilities' licenses and disciplinary action against each home.

While laws and regulations make it easier to punish those who break them, Bucks County District Attorney David Zellis said he wants fewer elder abuse cases in court.

Landauer said her father's murder and the trial was the "worst time in her life." But she she's proud that people are still talking about him and using his story to help others, the Intelligencer reported.

She says her dad would have been proud of the annual William J. Neff Sr. Symposium on the Prevention of Crimes Against Older Adults and the crowd it draws.

"I have met so many people through the symposium -- people who really seem to care about the elderly," Landauer said. "Education is paramount. This grew out of a bad thing, but became such a good thing."

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North Carolina Hearing Discusses Raise in Car Insurance Rates

WRAL Channel Five out of Raleigh, Durham, and Fayetteville reports that a hearing has begun regarding auto insurance rates in North Carolina. During the hearing, which began on June 30, the insurance industry’s organization, the North Carolina Rate Bureau, will request to raise car insurance rates on average of 13 percent across the state. The Rate Bureau originally filed this request in February of 2008. Currently, North Carolina has the sixth lowest auto insurance rates in the country.

The session, which should last between four and six weeks, is being presided over by State Insurance Commissioner Jim Long. He will ultimately decide whether or not to increase rates in the state of North Carolina.

Officials from the State Department of Insurance (NCDOI) claim that they will fight any increase, arguing that the new rates would be “unjustifiable” and “excessive.” This argument is based on the fact that the auto insurance industry in the state has not changed significantly in the past year, and therefore the rates should stay static. The Insurance Journal adds that rate experts within the NCDOI have called foul play on the Rate Bureau, which uses claims arising from the North Carolina Reinsurance Facility in their numbers. The Reinsurance Facility insures risky drivers and Bureau rates do not apply to those drivers. Using these data, the NCDOI claims that the Rate Bureau has skewed and faulty numbers due to these incorrect calculations.

The NCDOI also claim that they have saved North Carolina drivers over $5 billion over the last 14 years by protecting the state from similar hikes.

Whatever Long’s decision is, the Rate Bureau has the option of appealing its case in the future. In the mean time, and auto insurance companies can raise rates while awaiting an appeals decision. However, if the ordered rates are in the end are lower than the rates insurance companies have been charging, the difference in the money will be returned to policyholders.

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High Gas Prices May Mean Fewer Auto Accidents

It’s simple, says The Wall Street Journal. Higher gasoline prices have resulted in fewer accidents and increased profits for auto insurers.

Initially, what has been an international “handcuffing” for U.S. motorists has its benefits. Parents worry less if their teenagers stay home, the car suffers less wear-and-tear and money is saved. Maybe bookstores and video rental retailers are profiting too, as more Americans become sedentary in this $4-plus a gallon gas age.

The U.S. Department of Transportation reported vehicle travel mileage dropped 4.3% in March. 2008, compared to March 2007. This March marks the first 12-month period where total number of miles driven dropped from the previous 12-month period since DOT began keeping records 25 years ago, the Journal reported.

Bob Hartwig, president of the Insurance Information Institute, said through the fourth quarter of 2007, he has seen no connection between rising gasoline prices and related driver habits. But Hartwig said $4/gallon for gasoline may force motorists to shun unnecessary trips.

But the correlation isn’t lost on Wall Street. Lehman Brothers analyst Jay Gelb, who raised earnings estimates on Progressive and Allstate on his expectation less driving means fewer accidents, which helps boost auto insurer earnings.

Progressive’s “TripSense” program promises that customers who “drive less, pay less” for auto insurance, a reward for safer driving habits. Spokeswoman Katherine Bell said “it’s difficult to ascribe one factor, such as higher gas prices,” to any one change such as frequency of accidents.

But Susan Murdy of the Fireman’s Fund Insurance Company was more specific, saying the connection between less driving and fewer accidents “intuitively” makes sense. Fireman’s Fund insures affluent and high net-worth individuals. Murdy said the company expects it “could see some decline in frequency (of accidents) in the second quarter.”

 

 

 

 

 

 

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Cleveland County Nursing Home Facing Sober Options in Light of Multiple Abuses and Violations

Thomas Goldsmith of the Raleigh News & Observer reports on Charlotte.com a story chronicling the growing issues of a Cleveland County NC adult living facility. The nursing home, which is located in Fallston, North Carolina, has been the center of several nursing home abuse scandals since July of 2006 and is now being asked to stop accepting new patients.

The adult living facility is called Unique Living, although it used to go by the name of Yelton’s assisted living. For the last two years, both county and state regulators have investigated the nursing home. Suspicions mounted in 2006 when the body of a missing 59-year-old resident was found behind the living facility six days after his disappearance. Before that incident, one senior killed after being scalded in a hot bath while another patient died from choking on a Spam sandwich. Apart from the nursing home deaths, a convicted sex offender resident was accused of raping a fellow resident. In general, the site has been the location of a number of state violations, complains, and patient injuries.

Some adult-care residents are forced to intermingle with severely mentally ill patients who are housed in trailers adjacent to the nursing home, which is cause for concern. In addition, the nursing home is having financial difficulties that have led to utility disconnections and generally unsafe living conditions.

In an unprecedented action, Cleveland County has asked the state to take over operations at the privately owned center. Specifically, Cleveland County social services director John Wasson has written a letter to adult licensure chief Barbara Ryan outlining the county’s concerns and asking for the takeover action.

“Something needs to be done there, otherwise, we are going to be possibly looking at other injuries or even death,” Wasson told the News & Observer. The state has fined the nursing home for abuse and neglect violations in the past, but has never taken further action against the owners.

Both Ryan and Wasson are planning on evaluating the case further before making a final decision in what to do with the nursing home – and whether the state should take charge in the matter.

This week, the local Gaston Gazette reported that the waiting game for a response concerning the adult care home's future goes on.

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Retired Doctors Have Retroactive Medical Malpractice Insurance

Doctors who are retired but still enjoy working on and with patients can still be covered for medical malpractice.

Dr. Robert Duncan of Jacksonville, Fla. and other retired physicians wouldn’t be able to practice medicine without the legal protection available to them by their former malpractice insurance companies and the state of Florida.

Retired doctors retain some medical malpractice coverage to cover retroactive claims. However, that coverage becomes void if a physician practices again with compensation.

"I do it because practicing medicine is lots of fun," Dr. Duncan said.

"Tail coverage" is optional protection that allows a physician to report malpractice claims after a policy has ended for alleged injuries that occurred when the physician's policy was active, according to the Jacksonville Business Journal (JBJ).

Duncan worked 33 years as a plastic surgeon. Now he works with the indigent at The Sulzbacher Center and We Care Jacksonville Clinic. In addition, he teaches medical staffers.

"They watch us and we teach them as we go along," he said.

If not for Duncan and other physicians, indigent “patients” would get no care or visit emergency departments for treatment usually rendered at a doctor’s office, the JBJ reported.

In Florida in 2006, hospitals incurred $2.35 billion in debt from serving the indigent or those without health insurance, according to the Florida Hospital Association.

"We need more retired doctors to do this," Duncan said. "It makes me want to read more about medicine, and keep up with things."

 

 

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Trial Set for Surgeon Whose Patient Died Days after Plastic Surgery

Three years ago Kay Cregan of Limerick, Ireland flew to New York City for a facelift operation. She kept it a secret, wanting to surprise her husband. But three days after the procedure, Cregan went into cardiac arrest in the doctor’s recovery clinic and died en route to St. Luke’s Roosevelt Hospital, reported the Limerick Leader.

Now, her husband, Liam, is suing the surgeon and anesthesiologist for medical malpractice. A trial is set for September. The defendants are cosmetic surgeon Dr. Michael Evan Sachs and Dr. Madhavrao Subbarao, the anesthesiologist. The suit blames Sachs of negligence, carelessness and gross indifference, reported the Irish Voice.

The 42-year-old Cregan paid Sachs $32,000 for the procedure. She had read about Dr. Sachs performing a similar procedure on another woman from Ireland.

Sachs since has been struck from the register of physicians in New York by the New York State Board for Professional Medical Misconduct. The board previously had investigated Sachs’ medical procedures on four patients, including Cregan, in 2005.

However, Sachs’ lawyer contends Cregan suffered from an irregular heartbeat. Still, New York’s Medical Examiner ruled Cregan’s operation factored into her death while determining no pre-existing medical condition could have contributed to her death.

The Irish Voice referred to Sachs as “Dr. Botch,” due to his involvement in 30 malpractice cases over 10 years. The newspaper said the lawsuit set monetary damages to reflect the loss of a wife and mother of two young children, in addition to accounting for pain and suffering.

Agnes Kelly, sister of the deceased, said the article her sister read about Dr. Sachs never mentioned anything negative. According to www.infowars.com, Sachs was one of the most sued doctors in New York. The web site said the New York Daily News had first reported incidents of medical malpractice five years prior.

The web site went on to report Sachs made 33 malpractice payments in the last 10 years -- more than any other doctor in New York state -- according to the National Practitioner Data Bank.

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Social Security Disability Insurance Cheater gets 33 Months

According to an announcement on Friday, January 4 made by U.S. Attorney Catherine Hanaway, 50-year-old Rose Shaw, of St. Charles, Missouri, has been sentenced to 33 months in prison as a result of lying on Social Security Disability Insurance applications, including those for disability, and a mortgage loan application as well as forging the signature of a federal judge.

In September of 2007, Shaw pled guilty to charges of two felony counts. One was for social security fraud and the other for mortgage fraud. Not only did she receive a prison sentence, she also was ordered to make payments of $153,857.10 for social security and $70,718.94 for the mortgage as restitutions for the fraud.

Hanaway said that from January of 1985 to March of 2006, Shaw was receiving monthly payments for Social Security Disability due to her false claims on applications that she was mentally retarded and schizophrenic. She received a total of nearly $153,000 in fraudulent benefits.

At the time, she worked as a mortgage banker under the business name of Rose Shaw Enterprises, LLC, and Shaw Brokerage Real Estate Investment Firm, LLC. On August 25 of 2005, on a bankruptcy document, she forged Chief U.S. Bankruptcy Judge Barry Schermer’s signature. In December of 2005, Shaw submitted false information on an application for a loan to purchase a home in St. Charles, receiving the loan as a result. No monthly payments on the loan were made by Shaw and the property is now in proceedings for foreclosure.

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Diabetes drug trials do not consider quility of life issues of patients

According to a Mayo Clinic commentary in The Lancet, the impact a medication will have on the quality of life for patients or other potential outcomes important to patients are not being considered in most clinical trials of diabetes drugs.

Instead, the drug trials are focused on the effect on blood sugar levels of particular medications. This results in trials that are smaller, shorter and cheaper that bring about more choices for drugs more quickly. However, these trials are not necessarily better or safer for the patients.

The medical community has become increasingly aware of the need to engage patients who have chronic conditions in decisions regarding their care. For instance, clinicians and patients need to have knowledge of the extent to which medications for diabetes can help patients to feel better and to live longer.

Despite this need, only one out of five randomized trials in diabetes published in top medical journals have measured the effects drugs will have on the quality of life and the risk of possible complications that are associated with diabetes, like death, heart attacks, strokes, amputation, blindness, and dialysis.

According to the author, trials that are currently ongoing have not shown much more promise.

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Social Security Medical Examinations Inadequate

 A September 28, 2007   EXPOSÉ  by Fred Kelly of the Charlotte Observer reveals that , although the state of North Carolina pays huge sums to doctors for physical examinations of Social Security Disability claimants, these exams are often cursory and inadequate.

As a  result, many deserving North Carolina citizens go without the disability benefits they deserve. In many more cases , the inadequate physical exams result in years of delay, causing severe financial hardship for disabled citizens.

In the 2006 fiscal year, doctors in North Carolina collected $12 million to perform disability exams. The Charlotte Observer interviewed more than 40 current and former applicants across the region, and more than half described their visits as hasty, inadequate or unusual.

These exams usually represent one of the last chances for help. After the exams, many of the applicants are rejected. Some of the applicants will go on to lose their homes or go bankrupt. Some others have died during the appeals process.

Doctors say exams are thorough. North Carolina State officials who pay the physicians say they monitor them effectively and have weeded out poor performers.

"Most of the doctors I know want to do a good job," said Dr. Mohammed Ranavaya, president of the American Board of Independent Medical Examiners, which certifies doctors. "They don't compromise their professional integrity. Most doctors are very high-caliber professionals."

Critics of the federal system of examination say the government too often uses the exams to justify rejecting claims -- another example, they argue, of how odds are stacked against applicants.

"The exams are bogus," said Linda Fullerton, president of the Social Security Disability Coalition, an advocacy group for the disabled. "The system is set up so you give up or die."

How much these exams will factor into approval or denial for the applicant is not revealed by North Carolina State officials. Medical evidence in addition to a person’s age, education level, daily activity, and work history are generally the factors considered.

Those that are familiar with the system have said that the exams are critical in every decision. However, many people say that the exams are completely “bogus.”

Those that are critical of the federal program recognize that not everyone is deserving of benefits. However, they believe that the exams are used too often by the government as an excuse to justify rejection of claims, and that the odds are stacked against applicants.

A retired doctor who supplements his retirement income by conducting Social Security disability exams is one of the highest paid doctors by the N.C. Disability Determination Services. Dr  Glenn Baumblatt typically sees 16 patients a week. In fiscal year 2006, the government paid him about $82,600, among the highest amounts paid to an N.C. disability doctor, records show.

Many of his patients are poor, he said, estimating that a quarter are homeless. He described others as drug addicts and ex-convicts.

N.C. doctors typically collect between $95 and $130 per disability exam. Some doctors perform only disability exams while others incorporate them into their private practice.

MDSI Physicians Group, a Utah-based company, received roughly $350,000 in fiscal 2006, the most of any of the 636 companies, clinics or individual doctors that perform exams in North Carolina.

If you or a loved one are turned down for Social Security Disability benefits, it is important to appeal immediately. Approximately 60% of claimants who are  turned down and who appeal eventually receive their full social security disability benefits   

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Union County Man Killed on I-85 in Car Accident

The Charlotte Observer reports that Jeffery James Myers of Cotton Field Circle, Waxhaw, North Carolina, was fatally injured in a one-vehicle car crash on Interstate 85 on Tuesday, June 2. The 21-year-old was driving a 1998 Chevrolet Monte Carlo when witnesses say his car suddenly veered off the road and collided with a tree. Myers was headed north in the left-hand lane at the time of the accident.

Trooper M.W. Coley of the NC Highway Patrol reported that Myers was not wearing s safety belt and was speeding at 80 miles per hour in a 65 MPH zone of the interstate. The crash occurred at half past noon on I-85 south of Exit 54 in Cabarrus County.

The case will now be handled by the medical examiner at Carolinas Medical Center (CMC) Northeast in Concord, North Carolina, for further investigation into the cause of the crash. It is not yet known if drugs are alcohol were involved in the crash.

The Fourth of July holiday is the second most deadly time of the year for drivers. For more information on how to drive safely on Independence Day and during the busy summer months, please see our blog post on defensive driving tips.

For more information on our car accident injury lawyer services, please see our car accident practice area page.

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Statesville North Carolina Settles $175K Workers’ Compensation Claim

In 2004, Statesville, North Carolina firefighter Saifullah El-Amin injured his right knee during a training session in which he was required to carry a dummy up and down a ladder. In 2006, El-Amin fell in a hole while on duty, seriously injuring his left knee. As a result of the second injury, the fireman retired after a 30-year career. He was one of the first African-Americans ever to be hired by the Statesville Fire Department in the mid-1970s.

Since his injuries were directly related to his job and his retirement, Saifullah El-Amin filed workers’ compensation claims against the city through the North Carolina Industrial Commission.

According to Statesville.com, the city fought the amount that El-Amir sought and until mid-June of this year the case was at an impasse. However, this week the North Carolina Industrial Commission notified Statesville officials to pay up $175,000 by the close of the month.

These low six-figure claims are especially hard for the city to handle, since Statesville does not carry insurance for any claim less than $300,000 and must pay for any smaller claims using taxpayer dollars. Over the last for fiscal years, the city has paid out just under $1 million on 246 Workers’ Compensation claims, at an average o 60 per year and $3,731 per claim. Although there have been a few individual claims that run in the low six figures (including one claim for $218,714 in July of 2003) El-Amin’s is one of the largest the city has had to handle, putting a strain on the current budget. Most cases are minor and therefore less expensive to cover, such as small incidents of burns or rashes from poison ivy. These cases often settle for less than $1,000 a piece.

At the regular meeting of the Statesville city council on Monday, it was agreed that $100,000 would be reallocated to pay the Workers’ Compensation, in addition to the $75,000 that had originally been budgeted for the particular case. The fiscal year ends on June 30.

Statesville Human Resources Director Lynn Smyth explained that every few year, they do have to make these “shock payments” that are out of the ordinary. However, Finance Director Lisa Salmon added that these large one-time payments are still less expensive than it would be for the city to self-insure for cases of this size in the long run when the cost of the premiums is taken into account.

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North Carolina Struggles to Insure Its Children Through Federal Health Choice Program

The North Carolina state House and Senate are squabbling over Health Choice, a federal health insurance program that provides children with coverage whose parents make $42,400 or less each year. The program, which is aimed at families who make too much to qualify for Medicaid but don’t make enough to afford private insurance, covers over 122,000 children in the state of North Carolina alone.

The present issue is that although the federal government handles most of the costs, the state does share some of the bill. In the last few years as the program has grown, the state’s spending on the program has risen above federal estimates.

The North Carolina House is proposing that 10,000 new children should be added to the Health Choice program this year, putting aside $10.4 million of its budget to pay for the overhaul. Under this Senate proposal, the state will freeze enrollment until April 1, 2009 in order to control future costs. The program has been steadily growing for the last three years, despite the ongoing lack of sufficient government support.

Senator Tony Rand, a Fayetteville Democrat, would like the federal government to agree to send more financial support for the program. Although he agrees that freezing enrollment is not optimal, he stated that it was better than the alternative, which would be to disenroll children who are already in the program.

Governor Mike Easley, along with North Carolina budget advisor Dan Gerlach, recommended adding the $10.4 million to the program, stating that Congress has come up with the money in the past for both North Carolina and other states that dealt with shortfalls. They hope that the practice of picking up the rest of the bill will continue in the future. State Representative Mickey Michaux, a Democrat from Durham and House budget writer, agreed that Congress would not stiff the state, especially considering that expanding insurance coverage for children is particularly important to the government in these tough economic times. 

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Charlotte Observer Investigates North Carolina Poultry Worker Injuries

North Carolina’s Charlotte Observer recently unveiled a six-part investigative series that scrutinized the state’s poultry industry, where workers are often intimidated into not reporting workplace injuries or seeking Workers’ Compensation for their chronic work-related health problems.

Working in poultry plants and factories in North Carolina comes with a high risk of injury – cuts and burns from machinery paired with chronic injuries from repetitive movements are especially dangerous for workers’ hands and fingers.

Cecilia Alverez is one of many examples of workplace injury injustice. Alverez was employed by House of Raeford, a privately owned factory that is one of the top 10 producer of turkey in the nation. Working in a plant located in west of Fayetteville, Alverez found herself packing 300 turkey legs an hour and suffering from chronic pain and numbness in her hands from the repetitive motions she was required to make each day. After two different doctors concluded that Alverez was suffering from carpal tunnel syndrome, she informed her employer and produced a note from her surgeon regulating her to lighter work. Instead of moving Alverez’s position, the factory fired her. Luckily the NC Industrial Commission agreed with the worker and House of Raeford settled its case privately with Alverez.

Ernestina Ruiz is another example of wrongly treated injured workers at poultry plants in the North Carolina area. Ruiz suffered from chronic hand and wrist pain from de-boning thousands of chicken breasts each day. Although she reported her injuries to her supervisor multiple times, she was placated with pain relievers and bandages instead of a long-term solution. As time passed, her workplace injuries became worse, ending in a large lump forming on her left hand that she had removed by a private surgeon.

All in all, over 30 workers reported that their health concerns were shushed or ignored by House of Raeford health professionals, with a doctor in near-by Newbury reporting that he had seen over one thousand poultry workers in his time suffering from chronic workplace injuries caused by repetitive movements.

Although the N.C. Department of Labor (NCDOL) Occupational Safety and Health Division concluded in 2000 that company policies inhibited workers from seeking medical attention for their workplace injuries, it seems like the problems and issues related to the poultry industry in North Carolina have continued to the present day.

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Charlotte, North Carolina, Police Seek Workers’ Compensation Improvements

New Channel 14 Carolina reports that some North Carolina police want more when it comes to workers’ compensation.

In mid-June, the April 5 Organization held a media conference in Charlotte on the topic in order to call for change and alert the public of the present situation. The group was founded by Heidi Hazarti, whose husband was shot in the head while responding to a SWAT situation in 2006. CMPD Officer Kayvan Hazarati survived his serious head injury and has spent the last two years recovering from his wound both physically and emotionally.

The Hazaratis are now in litigation with the CMPD in an attempt to recover the money they deserve to pay for his continuing recovery.

At the conference, Heidi Hazarti could not speak about her pending case with the police department, though other North Carolina officers discussed their own experiences with workers’ compensation and the injuries they incurred in the line of duty. For example, a Salisbury officer was struck by a car while pursuing a suspect – although he wanted to continue working, his injuries did not allow him to do so. Other officers said that they were denied monetary support through workers’ compensation but were denied because of state orders and guidelines.

Tara Stottlemyer, also of Charlotte won her case involving a back injury she received while in the line of duty, although the state of North Carolina is appealing the decision.

In the end, the officers hope that this event will expose more North Carolina residents to the state of workers’ compensation in relation to the police department and that, eventually, their voices will be heard. Until then, officers like Kayvan Hazarti will have to struggle, both financially and physically, to recover.

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North Carolina Medical Board Fights to Post Medical Malpractice Information

The News & Observer based out of Raleigh, North Carolina, reports that the North Carolina Medical Board wishes to post doctors’ medical malpractice records on their website so that patients can easily access current information about their health professionals. The state agency, which is responsible for licensing and regulation physicians and physicians’ assistants in North Carolina, has taken significant criticism in recent years for not informing patients of dangerous or troubled doctors.

On the other side of the issue, North Carolina’s private physicians’ association is against the database, as it could contain misleading information and put some doctors on a blacklist when they do not deserve to be.

The website would list malpractice cases that reach back seven years, although he names of the patients and claim amounts would not be disclosed. To make the information more fair to the doctors involved, the site would allow physicians to add comments explaining the medical malpractice incident.

In addition, the site would note that malpractice does not necessitate negligence and that some medical specialty fields, such as obstetrics and neurosurgery, draw significantly more lawsuits than others. Most importantly, the site would note if the doctor had been publicly disciplined for his or her actions by the board, which would clarify whether or not negligence had been a factor in the malpractice suit.

 The NC Medical Society (NCMS), a private society of about 11,000 North Carolina doctors, supported the new law that was recently passed to disclose medical malpractice information, but is rejecting the Medical Board’s wishes to post so much sensitive data without more explanation. They have stated that many times doctors settle malpractice suits for business reasons and that some malpractice claims are due to the litigious times.

Dick Taylor, the chief executive of the North Carolina Academy of Trial Lawyers, agrees with the NC Medical Board that disclosing as much information as possible is a good thing for patients in that it could prevent future medical malpractice suits and make doctors more accountable for their actions. More importantly, it could save lives.

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Clean Teeth Can Prevent Life-threatening Illnesses among the Elderly

There are brighter days ahead for nursing home residents in the Kansas City area.

It begins with a smile – their smiles.

 

Thanks to funding from the Health Care Foundation of Greater Kansas City and relaxed state laws governing the outsourcing of dental hygiene, elders in community homes are having complimentary teeth cleanings in their rooms, reports KCUR-FM Radio in Kansas City.

 

The program is called “Elder Smiles” and it was founded by Eldonna Chestnut, director of adult and childcare facilities in Johnson County, Kansas. “There really just isn't a whole lot out there for the elderly other than out of pocket,” she said. “A screening, is between $60-100 and on a fixed income, a lot of nursing home residents don't have that.”

 

Dirty teeth lead not only to decay but more serious health problems. Hygienist Susan Hemberger said since seniors take frequent oral medications, they can have dry mouths, which causes excessive tartar and plaque build-up and breeds bacterial infection. She said any of these situations can lead to heart attacks, strokes and infection in the lungs. “As people age, they're less likely to feel pain in their mouth and alert someone that something's wrong,” she said. “Unfortunately, dental hygiene isn’t the principal concern of a caregiver.”

 

KCUR reports that since 2003, Kansas has allowed hygienists to work independently in nursing homes, schools, boys and girls clubs and senior centers. Maggie Smet told KCUR she was the first hygienist in the state to obtain a permit to work independently outside a dentist’s office.

”This allows a hygienist to have malpractice insurance and a sponsoring dentist.” she said.

According to KCUR, half of U.S. states allow hygienists to work outside dental offices. Michael McCunniff of the University of Missouri at Kansas City’s School of Dentistry says giving hygienists mobility and responsibility has caused some concern about the “availability” of these services. He said the Kansas Dental Association (KDA) and the American Dental Hygienists' Association joined to develop the permit program and received the support of the state legislature.

 

Kevin Robertson, KDA executive director, said some issues are unresolved. “If a hygienist works in the field and encounters a more serious problem, there’s no immediate mechanism to correct the problem as there would be in a dentist’s office.”

 

But teeth-cleaning is the first step to good hygiene and until now in the Kansas City area at least, many seniors hadn’t begun to walk down that path.

 

  

 

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Jury Awards Sum to Family of Woman Who Died after Fall from Nursing Home Toilet

A nursing home death in Washington County, N.Y. led to a state Supreme Court jury slapping county officials with a $300,000 fine and the state comptroller’s office finding the state Department of Health (NYSDOH) negligent in investigating complaints against nursing homes, according to the North County Gazette.

 

The $300,000 will be awarded to the family of a woman who died from a fall off a toilet at the county-owned Pleasant Valley Adult Home in Argyle, N.Y. Esther Nolan, 75, died at Pleasant Valley in March 2003. The attorney representing Nolan’s family argued that the death was caused by inadequate staffing and improper installation of the toilet seat.

A state comptroller’s audit revealed the NYSDOH was late in investigating 20 percent of complaints against nursing homes. From April 2005 to September 2006, auditors found 1,186 of 6,700 investigations by DOH were tardy.

“When a complaint is made about a nursing home, DOH has to act quickly,” comptroller Thomas DiNapoli said. “The department is doing its part to investigate very serious complaints in a timely manner. But it needs to get to other complaints faster. Failing to respond on time could put elderly and dependent New Yorkers at risk”.

The state audit also found the slow response to these complaints was due to staff deployment at NYSDOH. In addition, the audit found many complaints were not closed by NYSDOH within the state-mandated 180 days, causing the state to miss financial reimbursement from the federal government.

http://www.northcountrygazette.org/2008/05/14/nursing_home_negligent/

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Mayo Clinic Lists Signs of Elder Abuse and How to Report the Culprits

On its web site, the Mayo Clinic lists explicit signals of elder abuse. It’s a useful tool for families, caregivers and loved ones who suspect wrongdoing in the care of an elderly relative either dependent and/or helpless to care for him or herself.

 

The Clinic lists five types of abuse: physical, sexual, emotional, financial and neglect. The first two are self-explanatory. However, emotional entails gray areas such as harassment, insults, intimidation and threats. Financial abuse can be misuse of power of attorney and identity fraud. Neglect can be deprivation of food, water medicine and even physical hygiene.

The site says family abusers are “typical” culprits and that the elderly (80 and over), especially women, are more vulnerable to abuse. Those with dementia such as Alzheimer’s who are totally dependent upon others for care are prime abuse targets.

The Mayo Clinic lists the following symptoms as bellwethers of abuse:

§                  Physical injury. Besides the obvious signs, such as bruises or burns, keep an eye on behavioral changes

§                  Lack of physical care. Poor hygiene, dehydration and weight loss are signs of deficient care. Pressure sores and dirty linens are serious indicators of abuse. If your loved one has had a hip injury for example and is bedridden, caregivers must regularly “turn” or re-position the person regularly in his or her bed to avoid prolonged pressure or friction to certain skin areas. These areas can include protruding areas of the body such as elbows and heels but also thighs, calves and buttocks.

§                  Unusual behaviors. Withdrawal, fear, anxiety, apathy are abnormal behavioral signs that could signal more serious problems.

§                  Unaccounted for financial changes. Watch for sudden transfers of assets, missing valuables or a loved one’s resistance to your checking their financial records.

When it’s time to take action, the Mayo Clinic advises the following steps:

Elder abuse at home: Call the police in an emergency or at least contact welfare and social services. Most jurisdictions investigate elder abuse. In addition, contact the Adult Protective Services, which is responsible for investigating domestic elder abuse.

Elder abuse in a nursing facility: Contact your long term care ombudsman. Each state has a long term care ombudsman to investigate nursing home complaints. The National Center on Elder Abuse also provides hotline numbers by state for emergency assistance.

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Medical Malpractice is Melting Pot of Plaintiff's Rights, Hospital Procedures and Doctors' Reputations

Harvard University School of Public Health research shows doctors don’t err as much as may be perceived based by medical malpractice lawsuits filed in the United States, reports Takingnote.tcf.org.

 

Researchers there examined cases involving 33,000 physicians, 61 acute care hospitals and 428 outpatient facilities and found only 63% of injuries were caused by medical error or negligence.

Does that mean for certain that 37 percent of those claims were biased? It’s difficult to ascertain when a plaintiff in pain gets stonewalled when seeking medical feedback on his or her condition.

Lawyers representing hospitals and personal physicians typically say little to a potential plaintiff. How can they be blamed? As part of the Miranda Rule warns, “anything you say can and will be used against you in a court of law.”

Thus, the swiftest way to get answers is to sue.

A 2007 article in Health Affairs said, “as pressure mounts on physicians and hospitals to disclose adverse outcomes…and medical injuries” they should be aware that the volume of claims would rise and providers should be ready for “the financial consequences.”

When protecting the reputations of medical colleagues or a facility is more important than a patient’s welfare, it’s little wonder why doctors who lose or settle malpractice suits are rarely disciplined by their state, medical board or hospital, says the site.

From 1990 to 2002, the National Practitioners’ Databank reports "only 10.7 percent (1,401 of 13,182) of all doctors who made three or more malpractice payouts were disciplined, while just 16.9 percent (488 of 2,896) of doctors who made five or more malpractice payouts were disciplined."

A 2006 article in the New England Journal of Medicine titled “Improving the Quality of Care through Litigation against Hospitals” argued the threat of suits performs is beneficial in keeping the medical profession vigilant. George Annas, an attorney and public health official, said hospitals just wouldn’t care enough about safety unless they were sued: “More liability suits against hospitals may be necessary to motivate hospital boards to take patient safety more seriously,” he said.

 

  

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VA Man Pleads Guily To Disability Fraud

A man from Greene County, Virginia has entered a plea of guilty to charges of fraudulently receiving close to $100,000 in disability benefits from Social Security.
According to authorites, 65-year-old Irven Jones had received approximately $97,000 worth of payments from Social Security disability. After an investigation by the Social Security Administration, Jones pled guilty in U.S. District Court to one felony count of theft of money or property belonging to the United States with an aggregate value in excess of $1,000.
The evidence revealed that Jones had been attempting to hide work had had been doing at a home for the elderly while at the same time receiving Social Security disability benefits.
Jones will be facing a maximum prison sentence of 10 years in addition to a fine of $250,000.

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Grill Near Kent State University Shut Down After Diners Suffer Illness

Nearly 50 people at Kent State University suffered personal injury through illness after consuming food from a resataurant that has since been closed for investigation by Ohio state health officials.
Health department officials from Kent carried out an inspection of Chipotle Mexican Grill on April 19, a day after receiving reports from the university's health center and Robinson Memorial Hospital of students showing similar symptoms: severe vomiting, diarrhea, and nausea.
According to John Ferlito, Kent Health Commissioner, all of the students who complained of the symptoms at burritos at the restaurant. Apparently, many of the patients had received a coupon for free food after donating blood.

According to Robinson Memorial emergency medical coordinator Robert Walker, seeing a combination of the same things typically means food poisoning.
The Ohio Department of Health said officials were testing food and workers for any illnesses.

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Hockey Arena Operator Not Liable For Injury From Ricocheting Puck

On April 10, the state Supreme Court of New Jersey ruled against a woman from Mercer County, New Jersey who filed a personal injury suit after being struck in the forehead by a ricocheting puck while in the stands during a warm-up before a 2003 Trenton Titans (now the Trenton Devils) hockey game. The court said that some risk is assumed by a spectator in attendance at a sports event.

The high court reached a 4-3 decision that Mercer County Improvement Authority, the operators of the Trenton arena, the Titans, and the East Coast Hockey League protected spectators through the placement of Plexiglas and netting between the ice rink and the most dangerous seating areas. The court overruled an appellate court decision that 38-year-old Lawrence, New Jersey resident Denise Sciarotta was able to file suit.

When the incident occurred, Sciarotta was sitting six rows from the ice and above the Plexiglas. A heavy, frozen puck hit a goalpost and caromed above the Plexiglas, striking her as the Titans, who are owned by the New Jersey Devils, and the Johnstown Chiefs were in pre-game warm-ups prior to a January 3, 2003 game. As a result, she received a concussion and serious cut to the head.

According to Sciarotta’s attorney, the arena operator and franchise had a duty to warn spectators of the dangers of stray pucks. The state Supreme Court ruled that the duty is satisfied if protected seating is provided for the most dangerous sections of the stands.

The result in this case is similar to a case recently reported in this web site in which the Court held that the operator of a baseball park was not liable to a fan who was hit in the face by a baseball.

 


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Defective Product Suit Brought Against Medtronic Defibrillator

A lawsuit has been filed by Illinois native Donald Shewmake against Medtronic, Inc. claiming that a defective and dangerous defibrillator caused him personal injuries and economic damages. He claims to have a heart condition that requires him to use an implantable defibrillator.

Shewmake says that he was implanted with a Medtronic defibrillator which has a “Sprint Fidelis” lead for the purpose of aiding his heart to maintain an appropriate cardiac rhythm and prevent sudden cardiac arrest. However, the complaint alleges that on or about April 28, 2006, Shewmake was given a series of shocks by the defective lead, culminating in his suffering a myocardial infarction.

 

According to Shewmake, during his April 2006 hospital stay, the broken lead was removed and replaced and a year later, in July of 2007, because of damage from the previously broken lead the battery had to be prematurely replaced.

Shewmake alleges that because of the defective lead, he suffered permanent and continuing damage. He also alleges a breach of duty on the part of Medtronic for failing to make a reasonably safe defibrillator and lead. He seeks damages in excess of $100,000 in addition to costs of suit.

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Samuel Adams Beer Bottles Recalled

A voluntary recall has been announced by the Boston Beer Company (BBC) of select 12-ounce glass bottles of its Samuel Adams beer and ale that may have the potential of personal injury because of possible small grains or bits of glass in the bottles.

The following products are the only ones that are not being recalled:

  • Samuel Adams draft beer
  • 24oz bottles of Samuel Adams
  • Samuel Adams Utopias
  • Samuel Adams Triple Bock
  • Twisted Tea
  • Bottles the code “N08” followed by “OI” embossed
  • Bottles the code “N17” followed by “OI” embossed
  • Bottles the code “N26” followed by “OI” embossed
  • Bottles the code “N31” followed by “OI” embossed

The bottles potentially affected by the recall can easily be identified by an embossed letter and number visible on the bottle’s bottom edge. The bottles with the code “N35” followed by “OI” embossed in them are the ones affected. If you have purchased these bottles, do not drink them.

If you have purchased the defective bottles of beer or ale, you are advised to not drink it and immediately dispose of it. You will receive a full refund from the BBC for products that are potentially affected.

Consumers can contact the BBC at 1-888-6744-5159 or access their recall Web site at http://consumerinfo.samadams.com for more information.

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Asbestos Settlement Proposed By W. R. Grace

A proposed settlement has been reached by W.R. Grace & Co. Inc. regarding all current and future personal injury claims related to asbestos against the company.

In 2001, the Columbia, Maryland-based chemical company filed Chapter 11 bankruptcy faced with huge liabilities because of asbestos. On April 7, the company said that it had reached the tentative settlement with a committee of claimants for personal injury suits related to asbestos, a representative handling future claims, and a group of the company’s stockholders.

The settlement would reach a total of over $2 billion and would include:

  • $250 million in cash.
  • Deferred payments of $110 million each year for five years beginning in 2019 and $100 million each year for 10 years beginning in 2024.
  • Warrants for the purchase of 10 million shares of Grace common stock at a $17 a share. The warrants would expire one year after Grace’s reorganization plan goes into effect.
  • Rights to proceeds of Grace’s insurance coverage related to asbestos.
  • The value of cash and stock under settlements of litigation with Sealed Air Corp. and Fresenius Medical Care Holdings.

Grace manufactures silica and aluminum-based catalysts for use in industry and specialty chemicals and materials for use in construction and the packaging of food and beverages.

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Xerox Settles Discrimination Lawsuit for $12M

 

Thanks to six former African American employees of Xerox, Corp. who sued the giant office equipment manufacturer, blacks will divide $12M, according to RTT News.

 

Xerox settled the class action lawsuit out of court. The six former black employees filed suit in May of 2001, alleging race discrimination. The group said blacks were given less lucrative sales territories, a different set of sales quotas and were passed over for promotion.

 

The settlement followed preliminary approval by U.S. District Judge, John Gleeson. The lawsuit was filed in New York Federal Court by six black former Xerox sales representatives from New York, California, Texas and Georgia.

As usual in out-of-court settlements, the defendant denied it practiced unlawful discrimination. The Stamford, Conn. based company avoided extended litigation by settling, which it said was in the “best interests” of its shareholders and employees. The judge also demanded Xerox establish a task force -- that includes a diverse group of company employees -- to make sure African-American sales representatives are compensated by assigning sales territories on an impartial basis.

The lawsuit said blacks were given less-profitable sales territories compared to white workers. The plaintiffs maintained they also were passed over for promotions and were denied commissions they had earned.

Frank Warren one of six plaintiffs, said he was assigned a sales territory in the Bronx that required a car. When he told supervisors he would have a hard time managing the territory since he didn’t own a car, he said he was told by a company vice president he (Warren) was assigned to the Bronx because “blacks and the Bronx go hand in hand."

But Anne Mulcahy, Xerox chief executive, said she was pained to settle the lawsuit and that Xerox's record on diversity "is a source of corporate pride and competitive advantage," according to USA Today.



 

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Former Inmate Sues over Lax Medical Examination

 

A former Utah inmate has filed suit in U.S. District Court in Salt Lake City against a staff nurse whom he said rendered him sterile.

The suit claims negligence by the nurse and a violation of his constitutional rights. The suit seeks unspecified damages but explicitly states permanent medical care will cost $500,000 according to the Deseret Morning News in Salt Lake City.

The newspaper reported that in December, 2006 the claimant complained of severe pain and swelling in his genitalia before being seen by the prison nurse. He said the nurse’s examination was incomplete and said he was not seen by a physician until three days later. Court documents state the delay in treatment caused permanent damage requiring long-term hormone replacement therapy. The claimant fears he now is incapable of fathering children."

Attorney for the claimant, Brian Barnard said a medical malpractice claim will be added to the suit. Barnard went on to say, “One would hope a jail nurse would know when one needs immediate medical attention and one would also hope an inmate with a major medical emergency would not be dismissed because it was the Christmas weekend.”

 

 

 

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Slaughterhouse Worker Files Suit after Becoming Ill

After 13 employees at the Quality Pork Processing Plant (QPPP) in Rochester, Minn. contracted a neurological disease from exposure to vaporized pig brains, one of them is taking legal action.

Susan Kruse and other employees had used pressurized air hoses to pulverize the brains for food processing at the Minnesota slaughterhouse. Because of the alleged contaminated exposure, Kruse has been out of work for months and her employer has denied her workers' compensation.

"In this particular case, given the expenses that these people are running up with their medical treatment alone, without the work comp coverage they can't afford it," her attorney, Ray Peterson said.

QPPP president Kelly Waeding said her company is processing workers compensation for other workers.

"Several of them have had the enough information gathered and they've taken depositions to make a determination that it will be covered under worker's compensation,” she said. “ Susan Kruse is in that process right now. They haven't finished gathering information on this particular case."

The Minnesota Department of Health (MDH) still is investigating. KAAL-TV, the ABC affiliate in Minneapolis said MDH officials confirmed workers breathing in mist from processed pig brains became sick. MDH termed the illness “progressive inflammatory neuropathy.” Kruse told the station she still suffers pain and fatigue a year after the exposure. KAAL reported since the lawsuit, QPPP has stopped harvesting pig brains.

Kruse walks with a limp, two years after she began experiencing symptoms from the slaughterhouse exposure. "It started in my left leg then it went to my right leg. I had tingling in my finger tips and my body wanted to go but my body wouldn't let me," Kruse explained

Similar symptoms were reported by employees at slaughterhouses in Indiana and Nebraska.  The U.S. Centers for Disease Control and Prevention still is trying to determine the exact cause of Kruse’s illness.

 

  

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Walgreen Co. Settles $24M Race Discrimination Class-Action Suit

An Illinois federal judge approved a $24 million race-discrimination settlement between Walgreen Co. and the U.S. Equal Employment Opportunity Commission (EEOC). One of the largest-ever monetary settlements in a race case filed by the EEOC will benefit thousands of African Americans, according to the Associated Press.

Legal counsel will share about $4.5 million in fees separate from the settlement amount, according to theledger.com.

The EEOC filed its suit in March 2007, alleging the suburban Chicago-based Walgreen discriminated against African American retail management and pharmacy employees in terms of promotion and compensation.

The settlement resolves the EEOC's litigation and a private class suit filed in June 2005 on behalf of 14 African American current and former Walgreen employees. The settlement will be shared by 10,000 African American past and present Walgreen management employees.

Walgreen denies wrongdoing but will follow the judge’s decree, said Walgreen spokeswoman Tiffani Bruce. "We do not tolerate discrimination in any aspect of employment. We're the drug-store industry leader when it comes to the employment and promotion of African-American managers and pharmacists."

Walgreen reported it has 230,000 employees in 6,237 stores across 49 states and Puerto Rico.

The judge’s ruling mandates Walgreen make recommendations regarding its employment practices, including non-discriminatory promotion.

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Doctors Cleared of Medical Malpractice in John Ritter's Death

Doctors were cleared of medical malpractice in the death of actor John Ritter.