... and Justice for All

U.S. Needs National Database of Replacement Joints

The United States needs to establish a national database, called a joint registry, to collect information on how patients receiving replacement hips or knees progress following surgery.  The absence of such a registry causes annually the waste of millions of dollars and untold and unnecessary suffering for patients because of a flawed product or technique.  Almost one million Americans each year receive replacement hips or knees. 

A joint registry would allow problem products or techniques to be more quickly identified and their use ended, which would reduce greatly "do-over" surgeries made necessary by the initial use of a flawed product or technique.  Precisely this scenario happened a few years ago in Sweden when a national registry alerted surgeons of a badly-flawed replacement hip and its use was terminated.  But in the United States its use continued for many more months generating great and unnecessary expense, not to forget the suffering of recipient patients. 

A registry would create a continuing monitor beginning with recording for each patient a number, the replacement joint used, the technique used and the doctor performing the surgery.  If the patient were to receive a replacement, the information would be recorded as well and this would facilitate identification of problem products and techniques.  As a new President and Congress take office in January, they would act wisely to have created a national joint registry.  Further information can be gleaned from an excellent article in the New York Times, "A Call For A Warning System On Artificial Joints." 

Robert L. Abell
www.RobertAbellLaw.com

Congress To Ban Toxins In Childrens' Toys

Congress will ban three toxins commonly found in children's toys as part of legislation reforming the Consumer Product Safety Commission, the Washington Post reports ("Lawmakers Agree To Ban Toxins In Children's Items").  The toxins, which have been commonly used in plastic children's toys for decades, can be ingested by acts as simple as a child chewing on a toy.  The legislation will also ban lead from children's products, give consumers access to more information on complaints and accidents and provide for tougher enforcement measures.  The Bush Administration, as well as the chemical industry, opposes the added protections for children.  The legislation follows similar laws passed by the states of California, Washington and Vermont and by the European Union.

Robert L. Abell
www.RobertAbellLaw.com

Disability Insurers Investigated by Senate

Disability insurers are being investigated by a Senate committee regarding their possible responsibility in causing a backlog of pending claims before the Social Security Administration, the New York Times reports ("Senate Asks 9 Insurers To Furnish Information").  Unum, Cigna, MetLife, Aetna, Hartford Life, Lincoln, Prudential, Standard and Reliance Standard have received letters for a Senate committee regarding their practices of compelling their insureds to apply for Social Security disability benefits. 

Most disability insurance policies allow the insurance company to reduce their payments to the claimant if they begin receiving Social Security disability benefits.  Therefore, many policies require the insured to apply for the Social Security benefits.  However, most disability insurance policies pay benefits for a period of 24 years if the claimant cannot perform their last job; this is often known as "own occupation" coverage.  Social Security disability eligibility requires the claimant be disabled from performing any job, not just their last job.  The backlog of pending Social Security claims has stretched to over a year, a delay that Senator Charles Grassley labeled "abominable."

Robert L. Abell
www.RobertAbellLaw.com

Weakening of Workplace Toxin Rules Underway

    A weakening of rules regulating workers exposure to toxic substances in their workplace is underway in these final months of the Bush Administration, the Washington Post reports ("U.S. Rushes to Change Workplace Toxin Rules").  Contrary to requirements that notice of the proposed changes be published in plans filed last December or in May notice of the proposal first surfaced on July 7 in a vague reference on the website of the White House's Office of Management and Budget.  The late notice of the proposal also violated a directive from the White House Chief of Staff that all regulatory proposals be published no later than June 1.  In the first 7 1/2 years of the Bush Administration, its Department of Labor adopted only one significant rule regarding toxins in the workplace and then only under court order.

Robert L. Abell
www.RobertAbellLaw.com

Sick Truckers On The Nation's Highways

    Hundreds of thousands of truck drivers remain fully licensed and drive commercially on our Nation's highways although suffering from illnesses and physical maladies that would qualify them for federal disability benefits, according to report obtained by the Associated Press many media outlets reported today including the Philadelphia Inquirer.  The government agency, the Federal Motor Carrier Safety Administration, responsible for regulating trucking has failed to adopt any of eight important safety regulations that were suggested by experts in 2001.  These are very basic such as establishing minimum standards for those officials who determine whether truck drivers are medically and physically capable of driving safely.  The report also states that drivers violating federal medical rules have been caught in every state.

Robert L. Abell
www.RobertAbellLaw.com

MySpace Photos Destroy Plaintiff's Credibility and Case

    One of the five biggest mistakes that can wreck a claimant's accident case is misrepresenting or exaggerating their injuries or how they have affected their activities.  In a case recently tried in Raleigh, North Carolina, the plaintiff claimed that long-lasting effects of a brain injury sustained in a car and truck accident had destroyed and derailed her plans to become a teacher, according to a report in Lawyers USA.  But her MySpace page told a different story as it includes pictures of the plaintiff at parties and entries describing her job searches and classes she was taking.  The MySpace posting seriously undermined the plaintiff's injury claims and the jury rejected completely her case. 

Robert L. Abell
www.RobertAbellLaw.com

Scorsone for Fayette Circuit Judge

State Senator Ernesto Scorsone has announced his intent to seek the Fayette Circuit Judge seat recently vacated by the retirement of Judge Sheila Isaac.  His decision will apparently trigger a significant shuffling of the Fayette County legislative delegation, according to the Lexington Herald-Leader.  Sen. Scorsone has proved himself through a dozen years service in both the state House and Senate to be one of Kentucky's hardest-working and most thoughtful and conscientious public servants.  His addition to the Fayette Circuit bench promises to extend a distinguished career of public service.  Count this author among those urging Scorsone for Fayette Circuit Judge.

Robert L. Abell
www.RobertAbellLaw.com

Worst Insurance Companies: The Top Ten

The worst insurance companies in the United States were identified by the American Association for Justice (AAJ) following a comprehensive review and analysis of thousands of court documents, SEC and FBI records, state insurance department investigations and complaints, new accounts from across the country, and the testimony and depositions of former insurance agents and adjusters.  The AAJ's report The Ten Worst Insurance Companies in America; How They Raise Premiums, Deny Claims, and Refuse Insurance to Those Who Need It Most found that one company stood out above all the others and thus became the titleholder of the worst insurance company in America: Allstate.  The rest of the top 10 were as follows: Unum, AIG, State Farm, Conseco, WellPoint, Farmers, UnitedHealth, Torchmark and Liberty Mutual. 

AAJ's report includes some eye-popping statistics regarding the enormous profits reaped by the insurance industry and the huge reductions in claims payments:

• over $1 trillion in premiums is collected annually by the U.S. insurance industry
• the some $3.8 trillion in assets held by the U.S. insurance agency exceed the GDPs of all countries but the United States and Japan
• the property/casualty insurance industry has averaged annual profits of $30 billion the last 10 years
• the life and health insurance agency has also averaged annual profits of $30 billion over the last decade
• Allstate reduced the percentage of its claims payments from 79% of premium income to 58% from 1996 to 2006
• Allstate dropped its payout percentage on auto claims from 63% to 47% of premium income in the same period

There is a lot of money in collecing premiums and not paying claims.

Robert L. Abell
www.RobertAbellLaw.com