... and Justice for All

Coal Ash Class Action Lawsuit Settled

A class action lawsuit claiming that coal ash had contaminated drinking water supplies has been settled and awaits judicial approval, the Maryland Daily Record reports, "Fly-Ash Settlement Up For Final Approval."  The lawsuit claimed that a power company dumped its coal ash into two quarries while knowing that toxic substances would leach and contaminate their drinking water.

The settlement requires the utility to pay the costs for 84 homes to connect to the public water system, to pay their water bills for up to 10 years, to place $10 million in a trust fund for the injured homeowners and residents, and to stop dumping coal ash in the quarries.

Robert L. Abell

www.RobertAbellLaw.com  

Dangers From Tennessee Coal Ash Spill

More than a billion gallons -- some 5.4 million cubic yards -- of coal ash sludge broke through an earthen dam at the Kingston Fossil Plan some 40 miles west of Knoxville flooding the nearby Emory River and swamping many homes and properties nearby.  A billion gallons of coal ash sludge can flood more than 3000 acres one foot deep, according to the New York Times, "Tennessee Ash Flood Larger Than Initially Estimated."  The spill is the worst environmental disaster of its kind, exceeding recent, similar spills in 2000 of approximately 300 million gallons in Martin County, Kentucky and in 2005 in Northampton County, Pennsylvania, which dumped about 100 million gallons into the Delaware River.  

A draft report of the Environmental Protection Agency found that coal ash contained significant amounts of carcinogens.  Coal ash is also known to contain high levels of arsenic, lead and selenium, all of which are known to contribute to neurological problems in humans.

Robert L. Abell

www.RobertAbellLaw.com  

Nursing Home Rating System Introduced

A five-star rating system for nursing homes was announced Thursday, December 18, by the federal Department of Health and Human Services, see http://www.medicare.gov/NHCompare.  

The ratings are drawn from three sources of data:

• health inspections
• staffing 
• quality measures   

The starred rankings indicate the following:

• five stars = much above average 
• four stars = above average 
• three stars = about average 
• two stars = below average 
• one star = much below average 

According to a report in the New York Times, "Nursing Home Industry Worries About New Ratings," 22% of nursing homes received the lowest rating of one star, while only 12% received the highest rating of five stars.

Families trying to select a nursing home may find helpful this nursing home checklist.  Additional information to help select a nursing home can be obtained from Kentuckians for Nursing Home Reform orNursing Home Ombudsman Agency of the Bluegrass. 

Robert L. Abell

www.RobertAbellLaw.com

        

Safe Kid's Toys Website

Parents concerned about the safety of kid's toys can find helpful information on a website, amomsblog.wordpress.com, established by an Alabama mother, Trisha Gilbert, the Detroit Free Press reports, "Web Sites Helping Parents Choose Safer Toys For Kids."  Although the Consumer Protection Safety Commission banned the use of a toxic substance, phthalates, in the manufacture of toys the ban does not take effect until February 10, 2009, and toys made before that date containing phthalates may still be sold.  Parents may also find additional, helpful information at healthytoys.org and on the CPSC's website, www.recalls.gov.

Robert L. Abell
www.RobertAbellLaw.com

Hospitals Liable For Patient Infections

Patients and patient's families are having increasing success in holding hospital's liable for preventable infections, according to the Wisconsin Law Journal, "Hospital Infections Spread, So Do Lawsuits."  Patients in Missouri, Massachusetts and Utah have recently succeeded in holding hospitals' liable for injuries caused by infections such as Methicillin Resistant Staph Aureus (MRSA) and necrotizing fasciitis, a flesh-eating bacteria. 

The Center for Disease Control (CDC) reports that 90,000 deaths occur annually from hospital-acquired infections and about 2 million hospital-acquired infections are reported each year.  In recognition that most hospital-acquired infections are preventable, Medicare stopped reimbursing hospitals for treatment related to hospital-acquired infections on October 1, 2008.  

A leading family safety advocate on the issue of hospital infections is the Committee to Reduce Infection Deaths (RID), whose website has much helpful information.

Robert L. Abell
www.RobertAbellLaw.com