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NHL Concussion Settlement Suit

Posted by David Brown 
· November 15, 2018 

For a safe game, an all-around perspective about the safety and welfare of the players must be considered. In particular, brain-related issues and a possible lawsuit by players must be considered. Recently, NHL decided to settle for a $ 19 million settlement with retired players who sued the league alleging that they and the medical personnel failed to inform them of the imminent danger they faced while playing.

The agreement brought to conclusion the four-year-long hearing. According to documents the league released, it will pay more than 100 players included in the lawsuit a maximum of $18.9 million to the retired player who must be subjected to medical care and monitoring such as neurological testing. However, according to NHL commissioner Bettman, there is no association of concussion and chronic traumatic encephalopathy (CTE), a brain disease a number of hockey players had been diagnosed with.

As a proactive measure, the league has implemented a concussion protocol since the 2016-17 season and updated it last season. The league negotiated with the NHL Players Association new rules which state harsher penalties for head hits and for players who exhibit potential concussion, forced removal will be the cause of action. Moreover, previous assessment on the brain of a former hockey player showed a relationship between concussion and CTE.

The way NHL settled its case sprung comparison to NFL’s concussion settlement. As a way to protect its reputation, NFL decided to settle with its retired player before initiation of a legal proceeding and the association of the sport and brain trauma. NFL ended up paying approximately $1 billion. Moreover, Zimmerman states that hockey and football are two different fields.

Though the lawsuit had an inclined advantage to NHL, the NHL resolution for this settlement will benefit both their client and all retired players. Also, it will act as a reference and deter future litigation. Moving forward the league seeks for a safer game and significant care of everyone’s welfare.

Kilgore, A. (November 12, 2018). NHL reaches a settlement with former players in concussion suit.

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Fifth Lawsuit Filed Against Kansas Doctor, Opioid Maker

Posted by David Brown 
· November 13, 2018 

Reports have indicated that a fifth lawsuit has been filed in Kansas against a doctor and an opioid maker involved in a prescription kickback plot. The maker of the drug is said to have been bribing doctors to recommend its strong fentanyl spray.

The suit that was filed in a Johnson County court last week, is comparable to three others brought in Johnson County and the fourth one in Leavenworth County against Insys Therapeutics and former Mid-America Physiatrist Steven Simon. It was established that one of the patients, Timothy Farquhar presented the lawsuit last week to Johnson County against his former doctor Steven Simon, and Insys Therapeutics.

Farquhar claims that he saw Simon from 2001 to 2017 and allegedly prescribed him exorbitantly large doses of opioids which includes the fentanyl spray Subsys, for pain associated with a spinal injury and cyanide poisoning. The victim further indicated that he wasn’t notified of the dangers of addiction and became dependent.

The federal government has claimed that Insys illegally used its physician speaker program to fund kickbacks, based on how much Subsys they prescribed.

“Plaintiff became dependent upon and addicted to opioid pain medications, including Subsys, which were repeatedly prescribed to him without proper medical care, treatment or justification,” the suit alleges.

Simon’s attorney, however, didn’t respond to a request for an explanation in regards to this tale on Monday. However, he and Simon have both in the past said the doctor’s prescriptions were based entirely on clinical judgment rather than payments from drug producers.

 

 

It was further reported last year that Simon was the top paid Subsys speaker in Kansas and among the top 10 nationally, raking in more than $200,000 between 2013 to 2015. Less than a month later the FBI served a search warrant at Simon’s clinic. Simon’s former ally indicated that federal agents seized patient records for individuals whom Simon prescribed oral fentanyl. Simon has however not been charged with any crimes

Federal prosecutors have imposed criminal charges against half-dozen Insys executives and the billionaire founder of the company John Kapoor. They’ve all pleaded not guilty with their trial in Boston scheduled for January.

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Widow Of Metra Worker Killed In Deadly Explosion Files Lawsuit

Posted by David Brown 
· November 8, 2018 

The widow of a Metra track inspector who was killed in an explosion in Chicago on 3rd November has filed a wrongful death lawsuit against the commuter rail agency.

On Thursday, Sandy Zavala from Joliet filed the suit in Cook County saying Metro failed to give her husband Omar Solis, 37, with a logically safe working environment. The lawsuit also contents Metra contravened engineering regulations in regards to the use of flammable gas tanks and failed to accord adequate labor to perform the assigned tasks, amid other allegations.

Zavala also filed an urgency motion to probe and shield evidence that includes welding equipment, trucks, and railroad tracks.

At the day of the accident, a metra official revealed that Solis and another man were using flashlights when making repairs to raised tracks when the sudden explosion occurred.

The blast happened in the Old Irving Park neighborhood, near the Grayland station, and neighboring residents reported the large blast shook their homes. According to the Cook County medical examiner’s office, Solis, a father of two boys, succumbed to injuries at Advocate Illinois Masonic Medical Center about 30 minutes after the blast. The other man whose name has not been released who was working at the scene was taken to Advocate Illinois Masonic Medical Center in critical condition, as reported by Chicago Fire Department spokesman at the time of the incident.

“He knew he was prone to risk, but he always was ‘safety first, safety first,’” Zavala, 37, indicated. She met her late husband when they were both 14. “He loved his work and liked learning new things.”

Relatives said Solis came from a railroad family. He started working at Metra at only 20 years and had a spanning 17-year career with the agency. His brother also works for Metra together with 11 other relatives.

More than 300 people including many members of his Metra work community, came to bid farewell to Solis at his burial in Joliet on Thursday.

Described by his family as a hard worker and a family man with an “infectious smile,” Solis enjoyed taking his sons Omar, 19, and Brian, 16, on excursions to the batting cages. At times, he would overcook dinner on the grill then order pizza instead, a thing his family liked to tease him about. Brian Solis had a birthday since his dad passed on, and begun the day with a visit to his gravesite.

“People who ride Metra don’t know how much effort and work goes into keeping the tracks and the rail in a safe environment for 70 mph trains,” stated one of the attorneys for Solis’ family, George Burgess.

“Railroad workers aren’t liable to state workers’ reimbursement laws,” Burgess explained.

Zavala revealed that she opted to file the suit against the agency as she wants answers on what exactly happened to her husband.

Solis’ father-in-law, Manuel Zavala Sr., 69, revealed that he worked for Metra for close to 43 years, sometimes alongside Solis. Zavala also said one of his uncles’ was also killed in his line of duty on tracks a few decades ago.

A Metra spokesperson was however not immediately accessible to give an opinion regarding the lawsuit.

 

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Check you Water Heater for Important Safety Issue

Posted by David Brown 
· November 6, 2018 

If you bought a water heater in the last few years, you may have some homework to do. About 616,000 Ultra-Low NOx water heaters produced between April 2011 and August 2016 have been recalled due to a potential fire hazard, and need to be evaluated and repaired as soon as possible. These water heaters are either 30, 40, or 50 gallons and use either propane or natural gas.

The majority of these appliances were sold in California, but it’s a good idea to check your water heater no matter where you live. The recalled appliances were sold under a number of different brand names (American, A. O. Smith, Kenmore, Reliance, State, U.S. Craftmaster and Whirlpool) and by a variety of vendors including independent contractors, plumbers, and home improvement stores. They originally cost between $500 and $1,000.

These water heaters pose a potential danger when the gas burner tears and causes the appliance to produce excess radiant heat. When that heat comes in contact with a wood floor or any other combustible material, it could cause a fire. So far there have been six fires, all when the water heater was installed on a floor made of combustible material. Luckily no one has been injured yet.

If you think your water heater may be included in the recall, the first step is to check the serial number. You can find it on the data plate next to the gas control valve or thermostat. If the first four digits are not between 1115 and 1631, you’re in the clear. If they are, you’ll need to investigate further.

If you think this recall might apply to you, head to www.waterheaterrecall.com and enter the serial number. You can also call if you prefer.

Once you’ve confirmed that your water heater is included in the recall, the first and most important step is to turn off the water heater and refrain from using it until you’re sure it’s safe. Then contact A.O. Smith to discuss your free repair.

 

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Wisconsin Shipyard Workers Settle Claims totaling $7.5M

Posted by David Brown 
· November 1, 2018 

Fraser Shipyard company has revealed the agreed settlement of lawsuits concerning tens of workers that were exposed to lead in their line of duty working in Superior on an old freighter as established by the company last week on Thursday.

Fraser agreed to a settlement of $7.5 million to workers totaling slightly more than 60 who were endangered to lead paint two years ago. The workers were involved in a repowering scheme for the ship Herbert C. Jackson at Fraser’s Superior yards in 2016, According to Fraser spokesman Rob Karwath, the workers are said to have been in the process of turning the freighter’s old boiler and steam power system to diesel when the unfortunate accident happened.

However, It was further established that the first of the three federal lawsuits had been listed for trial in December this year.

Prior to the settlement, the Occupational Safety and Health Administration summoned Fraser for several 2016 work violations during the incident and fined the company a total of $1.4 million. The huge penalty was however slashed by half to $700,000 by OSHA as a portion of a settlement in which saw Fraser adopt and develop a new safety plan for the company.

Speaking for the first time after the revealing of the settlement plan, the president and chief operating officer of Fraser Industries, a mother company of Fraser Shipyards said, “We believe that this settlement, which resolves all outstanding claims, is in the best interests of all parties”

A statement released by Farkas further said, “This agreement and earlier settlement agreements with the Occupational Safety and Health Administration concluded with facts and arguments from unions representing our workers, guarantees that as of we can be able to move forward with a solid and strong commitment to employee stability and business viability, in partnership with Occupational Safety and Health Administration, and each person who makes a living at our 126-year-old family-owned corporation in Superior,”

Maritime giants Fraser Shipyards is the last influential independent shipyard on the United States side of the Great Lake.

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Are Wichita Children Safe at Daycare?

Posted by David Brown 
· October 25, 2018 

You expect your children to be safe when you drop them off at daycare in the morning. However, that isn’t always the case, as two recent cases in Wichita illustrate. One involves an 18-month-old who inhaled a piece of kernel corn in October 2017 that had to be surgically removed from his lung. Another case involves a nine-month-old who came home bruised and scratched in April 2017 after a daycare worker repeatedly yanked him up off of the floor. Both children had been attending their daycare facility for less than a week. Both sets of parents filed lawsuits, citing negligence.

Keeping children safe

” Every child deserves to be safe at a daycare and parents deserve the peace of mind to know that their children are safe when they drop them off,” said Richard James, a Wichita attorney representing one set of parents in their suit against Kindercare of Wichita. KinderCare’s Emily Snyder responded by saying, ” The safety and well-being of the children in our care is one of our highest priorities.”

The older daycare facility being sued is Snails and Puppy Dog Tails Daycare, a facility that Elizabeth West ran out of her home until she closed down the business in August of this year. However, she denied any wrongdoing, saying, ” Feed corn is offered at a lot of daycare centers. It’s sensory experience for children.”

These two cases aren’t the only ones involving daycare facilities pending in Wichita courts. Another case, this one involving a 10-month-old who fell or was dropped at a daycare center near K-96 and Woodlawn, claims the child was injured due to a staff member’s actions or negligence. Like the other two cases, these parents are seeking a settlement of more than $75,000.

How widespread is daycare neglect

The actual number of children injured in the Wichita area is difficult to ascertain since such injuries are not required to be reported. The official numbers state that 26 children died as a result of injuries at daycare centers in Wichita from 2010 to 2016.

 

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Insulin Price Hikes: AG Sues Major Drug Manufacturers

Posted by David Brown 
· October 23, 2018 

In the US, there are more than 100 million people who have been diagnosed and are living with pre-diabetes or diabetes as stated in the 2017 CDC report. The report also shows that the rate of diabetes cases continues to increase gradually every year. The disease increases the risk of vision loss, premature death, kidney failure, stroke, heart disease, amputation of limbs, among others. Diabetes can be managed through the use of insulin control as well as other blood sugar level control medications.

Major insulin manufacturers such as Novo Nordisk, Sanofi-Aventis, and Eli Lilly and Co., have made billions of dollars in supplying insulin to the ever growing market for the drug. Additionally, the companies have benefitted from the new healthcare tax reforms. Pharmaceutical manufacturers negotiate rebates and discounts on drugs to pharmacy benefit managers (PBMs) and health insurers who fail to pass the savings to the end user. This is not surprising due to the reinforced third-party payment system under the tax code and regulations.

Insulin is no exception, and more so because it is a life or death drug as stated by the Democrats Attorney General (Minnesota), Lori Swanson. The AG filed a lawsuit against Novo Nordisk, Sanofi-Aventis, and Eli Lilly and Co. alleging the companies’ hike of insulin prices. He argued that the spike in prices was both unwarranted and unfair to the disadvantaged consumer. The allegations were denied by Eli Lilly and Sanofi while Novo Nordisk promised to look into them.

The AG said that the drug manufacturers are raising the sticker price of the insulin drugs so as to offer PBMs competitively high discount rates. Swanson gave an example with Lantus, an insulin drug manufactured by Sanofi, and which was priced at $99.35 in 2010 and is currently selling at $269.54 (2018). These high rates secure the manufacturers’ product coverage in comparison to their competitors in insurance plans.

Swanson stated that the high prices are hurting the consumers who have no insurance coverage or those with high deductibles that need to be paid prior to insurance compensation.

The office of the AG said that the “The lawsuit alleges that the list prices the drug companies set are so far from their net prices that they are not an accurate approximation of the true cost of insulin and are deceptive and misleading.”

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Lawsuit Against Facebook Dismissed: The Godwin Family

Posted by David Brown 
· October 18, 2018 

Facebook has spent plenty of time in the news recently for various reasons; however, one of their most recent lawsuits was recently dismissed. A short while ago, Robert Godwin was murdered by Steve Stephens. The culprit had a Facebook account and the lawsuit alleged that Facebook could have done more to stop Mr. Godwin’s murder. On his account, Steve Stephens was sharing a lot of posts that could have been flagged as problematic. Some of these thoughts even alluded to murder. The lawsuit alleged that, based on these thoughts, Facebook should have taken more steps to stop the murder, such as contacting the authorities. By failing to do so, the lawsuit alleged that Facebook was, to some extent, complicit in Mr. Godwin’s death.

Unfortunately for the Godwin family, a judge in Cuyahoga County has thrown out this lawsuit. Robert Godwin was shot by Steve Stephens and this video was actually taken and uploaded onto the social media giant’s website. Based on the records filed with the court, the judge Timothy McCormick dismissed the lawsuit because plaintiffs failed to state the grounds upon which they could have granted relief.

The lawsuit, filed back in January, alleged that Facebook was negligent because they did not warn the authorities that a murder was about to take place. The lawsuit originally sought compensatory damages, fees, and anything else that the court might deem appropriate given the untimely death of Mr. Godwin at the hands of Stephens. Steve Stephens actually streamed the fatal shooting before he was found dead himself. His body was located in a motor vehicle in Erie, Pennsylvania. While the lawsuit claimed that, based on these posts, Facebook should have done more to stop it, Stephens had no record of violent activity. Therefore, the social media giant could not have known what was going to take place. After all, Facebook has no power to control the actions of its users while they were unlike. Therefore, the judge decided to dismiss the lawsuit on the grounds that negligence could not have taken place.

Mark Zuckerburg actually addressed the case and issued a public statement regarding the lawsuit, the murder, and the actions that the company might take to prevent this from occurring in the future.

 

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San Francisco’s Sizable Landowner Accused of Forcing Rent-Controlled Residents Out

Posted by David Brown 
· October 16, 2018 

Rent control is a regulation for the cost of housing. The government controls and regulation is meant to stabilize the cost for renters. For instance, California’s rent control has 15 different municipal laws for 15 different cities that utilize rent control. The basic idea is to alert the renter 30 days in advance when cost changes.

Veritas Investment’s Tactics

Over 100 tenants are accusing Veritas Investments of running off rent-controlled renters out of their units. Veritas owns 300 residential buildings throughout San Francisco. The lawsuit filed for sixty-eight plaintiffs on October 11 is the fourth lawsuit filed against Veritas Investments because of unfair and biased tactics.

  • Veritas Investments continue to purchase property and are known to force out rent-controlled tenants.
  • Renters have reported that unscheduled construction at disruptive times is one way that Veritas creates an unbearable living space.
  • The construction is not to update units. Renters that filed suit complain about the lack of repairs when unneeded construction takes place.
  • Tenants complain in their lawsuit that Veritas Investments shut off utilities with no warning. They shut off gas and water for long periods of time.
  • Veritas uses a workaround called “pass-throughs.” It is a way to increase rent by using high-interest loans and forcing the renters to pay the interest charges.

“This is one of the biggest lawsuits ever filed by tenants in San Francisco,” attorney Ken Greenstein said. “Veritas Investments has made it clear they want to get their rent-controlled tenants out.”

Greenstein advises that those who rent from Veritas Investments should contact their rent board, supervisors, and Department of Building Inspection if they feel harassed or blatantly mistreated.

Veritas Investments’ Response

The COO of Veritas Investments, Justin Sato, said in a statement that their properties are in need of improvements.

“We have not been served, so we cannot respond to allegations we haven’t seen. However, we dispute all claims that we are hostile or negligent toward our valued residents in any way,” Sato said. “We are proud of our record as a landlord in San Francisco, and the data The City keeps about our work is contrary to these allegations. We look forward to refuting them.”

 

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Are Addiction Treatment Centers Slowly Becoming Death Traps?

Posted by David Brown 
· October 11, 2018 

Drug addiction is one of the greatest challenges claiming more lives than road accidents in America. The country has around 23 million addicts, making rehab a lucrative business. Since President George W. Bush signed a law that saw insurance companies start paying for rehab and enactment of the Affordable Care Act in 2010, there has been a significant increase in the number of addiction treatment centers.

Most addicts and their families now view the centers as their only hope in their attempt to overcome alcohol and drug addiction. Some of these facilities have seen as many as over 63 percent of former patients abstain from taking drugs one year after treatment. It’s no secret that the centers have helped the patients to overcome drug addiction and become productive again.

However, the high demand for rehab services has allowed profiteers to make money from the most vulnerable population. There are fears that some incompetent addiction centers would rather host the patients against their wish than take them to a better hospital to get the necessary treatment. Consequently, it is not uncommon for outwardly healthy people to enter into these facilities and die shortly in mysterious ways due to medical incompetence and negligence.

Deaths Caused by Negligence and Incompetence

There are many rehab patient’s deaths which have occurred due to incompetence and medical negligence. The most notable one being that of Madison Cross, a 22-year-old woman who sought addiction treatment at Serenity Care Center. At the center, she showed intensifying signs of distress and begged the doctors to take her to a hospital. All her pleas were ignored despite her trouble breathing, racing pulse, and purple lips. This were signs showing she was lethargic and ill. Even after the technicians reported her condition to medical staff, she was only given some medication instead of being taken to full care hospital. Had it not been to medical negligence, her death would have been avoided. Currently, there have been 3,362 rehab patient deaths which could have been prevented.

Government Effort

Various measures have been put in place to ensure that the interests of the patients are prioritized in rehab facilities. Addiction centers are supposed to screen the patients before admitting them. Each state has an agency that licenses and regulates rehab centers. Besides, there are also requirements on who should assess the patient’s history and medical condition.

Whether the state agencies have been successful in regulating addiction recovery centers is debatable if the increasing cases against the facilities are anything to go by. Several rehab centers have had to pay thousands and even millions of dollars in compensation for their negligence and malpractice. Some have even been forced to close some of their facilities in an attempt to save their face.

What’s Next?

Despite death cases in some addiction centers, there are others that still handle their patients with dignity. Here are some things you need to do to ensure you don’t become the next victim in these addiction treatment centers;

• Get recommendations from former patients, doctors, or other medical providers.

• Sometimes, the internet may not give all the necessary information.

• Don’t be lured into selecting a rehab facility because of the incentives it offers.

• Be wary of addiction treatment centers that spend so much money on advertisements.

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