Charlottesville Personal Injury Lawyer - Personal Injury

Industries Rushing To Cement Favorable Regulations, Taking Rights Away from Citizens

Greg Webb — Wed, 26 Mar 2008 17:45:20 GMT

The Bush administration is being pressured by industries, from agriculture to power, to act on an abundance of pending regulations, mostly challenging the Environmental Protection Agency (EPA). For example, last month, power companies and manufacturers took their objections about an expected EPA proposal to tighten federal smog rules to the White House budget office. There, they urged officials to reject the agency's proposal to tighten standards. In response to the criticism, public health groups met with the budget office as well to argue for tougher standards.

These "midnight regulations" often come about in an administration's last year after the election results are known. Industry lobbyists are feeling a greater urgency this time, however, because they are nervous about Republican nominee, John McCain, and what the Democrats will do if they come into power. McCain has made many industries, such as cable, angry for allowing consumers to pay for single channels rather than a package of services. He also has joined with Democrats in allowing the importation of drugs from Canada, angering the pharmaceutical industry as well.
The Small Business Administration recently created a top ten list of rules businesses want changed before President Bush leaves office in January. Business owners and their representatives nominated more than eighty rules for the list, including workplace safety, tax, and contracting regulations. The U.S. Chamber of Commerce is challenging several pending rules on labor and employment, including one that would tighten the requirements of employees seeking family medical leave. The lobbying group is attempting to influence the wording on the regulations. If they cannot, they will attempt to influence the instructions on interpreting them, issued by the agency.
Democrats on the House Energy and Commerce Committee are challenging an EPA proposal to exclude farms from reporting potentially dangerous emissions of ammonia and hydrogen sulfide. They argue this omission favors special interests over the health of the American public. Another EPA proposal omits 19,000 feedlots from the need to obtain a discharge permit regarding the releasing of waste into waterways. Although they are no longer supposed to discharge waste into the water, in the case that there is an accidental leakage, under the new proposal industries will be shielded from lawsuits. Livestock operators and the EPA, however, argue this proposal does not discharge farms from their legal responsibilities.

Originally posted at InjuryBoard by Greg Webb

Toxic Chemicals Contaminate Towns In New York and Florida

Greg Webb — Wed, 30 Jan 2008 16:54:51 GMT

The neighbors of a former IBM plant in two upstate New York towns are suing the company for allegedly discharging chemicals, such as trichloroethylene and tetrachloroethylene, into the air, water and ground for the past eighty years. The plaintiffs claim the chemicals caused birth defects and cancer and are seeking unspecified damages. The lawsuit is said to be the first of several planned against IBM by almost one thousand people claiming they have been harmed by the chemicals released by the company.

This case resembles a case in Tallevast, Florida against Lockheed Martin Corp., one of the world's largest defense contractors, where the Michie Hamlett Law Firm is one of several law firms representing more than 300 community members and plaintiffs. In this case, Lockheed Martin discovered one of its former beryllium plants had leaked toxins into the Tallevast community's water and soil, thus contaminating the area. Lockheed Martin told government officials about the leak, but did not tell members of the community until more than three years after the toxins were found. Lockheed Martin has agreed to clean up the toxic mess, which it estimates may take more than 100 years to fully remediate. The residents of the community, and the Florida Department of Health, are still researching the toxins' effects on the health of the community. It is generally accepted, however, that many of the toxins involved have been known to cause cancer. The citizens of the community have also faced increased incidences of various forms of cancer, respiration problems, miscarriages, unusual nose bleeds and neurological problems. http://www.reuters.com/article/technology-media-telco-SP/idUSN0324497720080104

Originally posted at InjuryBoard by Greg Webb

Florida Suspends New Issuances of Insurance For Allstate

Greg Webb — Tue, 22 Jan 2008 17:58:16 GMT

Florida Insurance Commissioner, Kevin McCarty, announced he would be suspending Allstate Insurance companies from issuing any new insurance in his state. This decision comes after Allstate refused to obey subpoenas served to them on October 16, 2007 by the Office of Insurance Regulation. The subpoenas are trying to seek the disclosure of the McKinsey Documents, in which McKinsey & Co. detailed to Allstate the best way to underpay insurance claims starting in the mid 1990s. The content of these documents is so incriminating, Allstate has already ignored a $25,000 a day fine instated by a Missouri judge because it refuses to disclose the McKinsey Documents in the state.

Originally posted at InjuryBoard by Greg Webb

Aetna Joins With Other Insurers in Denying Anesthetic Used In Colonoscopies

Greg Webb — Mon, 07 Jan 2008 17:32:47 GMT

Aetna, one of the leading national private health plan managers, has joined with other insurers, such as WellPoint and Humana, to declare it will not cover a powerful anesthetic, Propofol, used to eliminate discomfort during a colonoscopy. A colonoscopy is a common form of colon cancer screening which allows doctors to explore the small intestine to identify and remove cancerous tumors before becoming dangerous. Aetna has deemed Propofol as being "medically unnecessary" for the procedure and will stop insuring the use of it on April 1, 2008. However, exceptions are being made for people over 65, pregnant women, and patients with illnesses that cannot use other more risky drugs.

The price of using Propofol includes a licensed anesthesiologist because of the complex nature of the drug. It can add from $300- $1,000 to a hospital bill. Aetna argues that the price being paid for the anesthetic is greater than the benefits received for the patient and since millions of colonoscopies are being performed each year, it is costing the insurance companies millions of unnecessary dollars. All three leading associations for specialists who perform colonoscopies have concurred that the anesthetic is not needed for routine colonoscopy procedures.

Critics see this decision as a step back in the fight to prevent the third most prevalent cause of death by cancer in the United States. With insurance companies not covering Propofol, they anticipate less people getting screened for the cancer or relying on less invasive, and ultimately less reliable, means of detecting the disease. Doctors also find the drug necessary since it calms the patient down and can allow a more thorough examination. Other insurance companies such as United Healthcare have said they have no intentions to follow suit in not covering Propofol.

For more information on this subject, please refer to the section on Drugs, Medical Devices and Implants.

Originally posted at InjuryBoard by Greg Webb

EPA To Make Cutbacks In Requirements For Industry's Toxin Reports

Greg Webb — Mon, 31 Dec 2007 11:15:42 GMT

The Environmental Protection Agency (EPA) has rushed to make cutbacks on the requirements for companies to disclose their release of toxins annually. The EPA expedited these cutbacks after being pressured by the White House Office of Monetary Budget to meet their commitment to reduce the amount of paperwork to industries by 2006. With these changes, the Government Accountability Office (GAO) has stated industry will file 22,000 fewer reports annually, a twenty five percent decline, which will lead to the public losing their powerful monitoring tool due to not having enough information about industry emissions. With the new requirements, more than 3,500 facilities will no longer have to disclose detailed information about their emitted chemicals.

Under the changes, companies are allowed to make shorter, less detailed reports if they used less than 5,000 pounds of toxic chemicals or emitted less than 2,000 pounds of toxic chemicals. In the past, industries have had to divulge to the EPA, for as little as 500 pounds, the amount of toxic chemicals they produce, store, and emit into the air, water, and ground. This information has then been made public for use by watchdog organizations and local neighborhoods. With the new reporting requirement, however, the public will not necessarily know the exact amount of pollution in their communities. The EPA has stated these reporting changes would save industries and businesses nationwide six million dollars annually. The GAO, on the other hand, has said these estimated savings are based on outdated information from the Office of Management and Budget.

This is yet another example of certain elements of our government, like the current administration, taking an opportunity to help out corporate America by eliminating oversight and checks and balances. When power is taken away from people, and information is not made available to the people, for the benefit of corporate interests, innocent citizens may often suffer.

Originally posted at InjuryBoard by Greg Webb

Allstate Fined $25,000 A Day in Missouri For Not Producing Documents

Greg Webb — Fri, 28 Dec 2007 12:20:17 GMT

Allstate Insurance Company has made it clear that although it is being fined $25,000 daily, it will not produce key records in a case pending in Missouri (thereby becoming public documents) unless the documents are sealed. The documents in question, also known as the McKinsey documents, have been called the "holy grail" for lawyers representing injured people (plaintiff's lawyers). The McKinsey documents came to be known when an Allstate client, Paul Aldridge, was involved in an automobile accident. Aldridge ran into the back of a truck, which severely injured the other driver. Allstate has not paid for the claim, which happened seven years ago, and Aldridge sued for bad faith.

These documents allegedly show that in the 1990s, Allstate established a questionable claims payment practice - allegedly shortchanging its clients - whereby it was able to increase the company's already considerable profits. Allstate, on the other hand, claims the documents describe trade secrets used to produce company policies, methods and claim procedures. The Missouri Supreme Court ordered the documents be produced, and a Jackson County, Missouri judge, Judge Manners, ordered the steep fine until the court's order is obeyed. So far, Allstate has been fined over $2.4 million in this case. Because Allstate is still refusing to pay, Judge Manners is reportedly considering increasing the fine. The case is scheduled to be heard in July, 2008 so the unpaid fines will continue to grow until Allstate produces the documents.

This case is yet another reminder that insurance companies exist for one reason: to make profits. They are not, in this writer's opinion, usually concerned about their insureds or about people their insureds may injure or kill. Many people are surprised by this type of behavior by insurance companies, especially if it is their own insurance company that is refusing to fairly compensate them for their injuries, or pay a claim for which they are responsible. Insurance company profits, however, are staggering, so if this is considered, no one should be surprised by the manner in which insurance companies approach legitimate bodily or personal injury claims.

Originally posted at InjuryBoard by Greg Webb

Mining Death Toll Rises Due To Poor Inspections

Greg Webb — Sun, 16 Dec 2007 15:26:54 GMT

Last year the total number of workers who died in mining accidents more than doubled to an astonishing 47. This sharp increase in casualties could be, at least in part, due to the fact that over one in seven of the United State's 731 mines were not inspected at all by the Mine Safety and Health Administration (MSHA), although they were required to under the Federal Mine and Health Act of 1977, which requires mines get inspected four times a year. It was found that the MSHA missed 147 inspections in 107 mines, which employed 7,500 people. The Bush administration claimed it was due to budget restraints causing a decrease in inspectors and the lack of management's focus on worker safety.

Auditors showed MSHA inspecting officials failed to complete "critical inspection activities" fifteen percent of the time, especially during the string of mining accidents like West Virginia's Sago Mine explosion which killed twelve miners, and the Crandall Canyon collapse in Utah which killed six. The inspecting officials also misdated their mine approvals. In one case, a mine official dated his inspection for February when the actual inspection took place in May. Due to growing criticism, last month the MSHA launched a new plan to add 244 workers for 2008 and boost overtime benefits.

For more information on this subject, please refer to the section on Worksite Injuries and Workers Compensation.

Originally posted at InjuryBoard by Greg Webb

Federal Regulation on Amusement Parks Needed

Greg Webb — Thu, 06 Dec 2007 14:16:50 GMT

While amusement park thrill rides are only supposed to seem dangerous, many people are injured each year due to negligence in the operation of these rides. On average, four people are killed each year while riding amusement park rides, while injury reports average in the thousands. A man was killed in 1999 riding the Shockwave at Paramount's King's Dominion in Doswell, Virginia.

The Consumer Product Safety Commission (CPSC) is a federal agency that is supposed to be regulating traveling carnival rides, but because none of their ninety employees are specifically investigating these dangers, many "accidents" are slipping through the cracks. The regulations the agency sets are voluntary, and not enforced in traveling amusement parks. In addition, stationary amusement parks, such as Disney World and Busch Gardens, are totally free of federal regulation and are on free to operate anyway they would like. Due to this oversight, a House committee is meeting to consider legislation that would increase the responsibility of the CPSC to investigate rides at stationary amusement parks and increase their watch over traveling amusement park rides as well. This bill would add $500,000 to the CPSC budget solely for them to monitor and investigate the operations of theme park rides. For more information on how to ride roller coasters safely, go to www.saferparks.org.

For more information on this subject, please refer to the section on Premises Liability / Slip & Fall.

Originally posted at InjuryBoard by Greg Webb

$1.2 Million Paid to Parents in Police Auto Accident Death Case

Greg Webb — Mon, 23 Apr 2007 14:00:43 GMT

The District of Columbia has agreed to pay the parents of 2 minor children, Octavia Suydan, 8, and her brother, Christopher Suydan, 7, killed by a driver fleeing the police, $1.2 million for a 2004 automobile accident that resulted in a wrongful death claim by the surviving parents. The Washington Post reported that the accident occurred after a drug sting gone bad, when Eric Palmer, who was in his car near the undercover drug deal, panicked and fled the scene when undercover police moved in. The District denied responsibility for the tragic accident, claiming that its officers broke off pursuit of the fleeing suspect before he plowed into the children.

The parents of the 2 deceased children claimed that the pursuit officers had no basis to chase Palmer, and that one officer actually continued chasing him after having been called off the pursuit. The chase took place in a heavily populated area, and the 2 children who were killed were crossing the street in a crosswalk, ahead of their father, with the walk signal flashing while holding hands. The children were thrown 140 feet and died in view of their father.

Originally posted at InjuryBoard by Greg Webb

Nailguns Cause Thousands of Injuries Yearly

Greg Webb — Sun, 15 Apr 2007 15:19:47 GMT

CNN recently reported that the U.S Centers for Disease Control and Prevention (CDC) estimated that about 37,000 people are injured by nailguns every year. The CDC further stated that, since the early 1990's, nailgun injuries have increased by about 200 percent.

When the CDC examined who was getting injured, it found that work-related nailgun injuries had remained stable since 1998, but consumer-related injuries had soared. The increase in these injuries was attributed in large part to the availability in the 1990's of inexpensive pneumatic nailguns in home hardware stores. During 2001-2005 there were about 37,000 patients treated annually in emergency rooms, with 40 percent of those injuries happening to consumers. The CDC concluded that more needed to be done to make consumers aware of the dangers of using nailguns.

Originally posted at InjuryBoard by Greg Webb