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Medical Malpractice

8/11/2010
Taylor B. Downs
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Medical errors cost $20 billion a year

A recent study has shown that medical errors cost the health industry upwards of $20 billion dollars a year.  The study also shows that medical errors caused 2,500 avoidable deaths and over 10,000 missed days of work in 2008. 

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8/5/2010
Taylor B. Downs
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Study finds that many doctors don't report incompetency

A recent study published in the Journal of the American Medical Association has found that many doctors fail to report incompetent colleagues.  The study surveyed 3,000 doctors and concluded that doctors who practice in small offices are the least likely to report an incompetent colleague while those who work in hospitals are more likely to report incompetence. 

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12/20/2009
Harry P. Waddell
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There is an excellent article entitled "Combating Abusive Arbitration Clauses in Nursing Home Contracts" written by Leslie A. Bailey, Matthew S. Melamed and F. Paul Bland that should be must reading for anyone facing such an arbitration clause. A copy of

If you are facing an arbitration clause in a nursing home contract that bars you from seeking redress in a court of law than you owe it to yourself to read this article which is contained in the library section.

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10/22/2009
Harry P. Waddell
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200,000 deaths as a result of preventable medical errors every year

Every year approximately 200,000 Americans die from preventable medical mistakes and infections in hospitals as the means to fight these needless deaths are ignored at many hospitals. Looks like we need more "defensive" medicine, not less!



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Insurance Claims

6/30/2010
Taylor B. Downs
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Tricks of the Trade: How Insurance Companies Delay and Deny Coverage

Excellent article from the American Association for Justice on how insurance companies actively seek to delay and deny coverage from policy holders.

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Personal Injury

7/1/2010
Taylor B. Downs
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Lawsuit claims mortgage firm discriminated against minorities

The Illinois Attorney General has filed a discrimination lawsuit against mortgage firm Countrywide Financial Corporation. The lawsuit accuses the firm of discriminating against minority borrowers by subjecting them to much riskier loans. The lawsuit said the "company's practices caused about 6,000 African-American and Latino borrowers to be steered into subprime mortgages and in some cases charged higher prices for their mortgages." The lawsuit seeks unspecified damages.  Cynthia Dizikes, Chicago Tribune  06/29/2010

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6/30/2010
Taylor B. Downs
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Taser Death Prompts Lawsuit

The family of a 45-year-old psychiatric patient who died after being shocked with a Taser while restrained in the hospital filed a wrongful death lawsuit in federal court Monday, alleging University of Cincinnati police used excessive force on Kelly Brinson and University Hospital was negligent caring for him.

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6/29/2010
Taylor B. Downs
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Jury awards $2 million to family of Maryland inmate

A civil jury in Prince George's County determined Thursday that Maryland state corrections and highway officials and a private dump truck driver were liable in an accident in which a prison inmate was killed by the truck while he was on a work detail. The jury awarded his relatives more than $2 million.

After a trial that lasted nearly two weeks, the jury awarded $2.025 million to relatives of Rodney Jennings, who was 28 when he was fatally injured Aug. 23, 2007, while picking up trash on the Capital Beltway in the Landover area.



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Employment Law

9/2/2010
Taylor B. Downs
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Facts on Sexual Harassment

This is a nice, concise website that contains general facts about sexual harassment.  The website is hosted by the Equal Employment Opportunity Commission and gives the reader general information about sexual harassment and an overview of how the EEOC handles sexual harassment complaints.

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8/22/2010
Taylor B. Downs
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More ADA claims filed in 2009 than in any other year

The Equal Employment Opportunity Commission has released statistics that more people filed complaints of disability discrimination under the Americans with Disabilities Act in 2009 than in the past 20 year history of the ADA.  Reports credit this increase to a new amendment to the ADA which broadens the definition of what it means to be disabled as well as the recession. 

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8/5/2010
Taylor B. Downs
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More Men Filing Sex Discrimination Suits, Statistics Show

Interesting article highlighting new statistics from the EEOC showing that more men are filing sexual discrimination suits.  EEOC statistics show that the number of men filing sexual harassment claims has doubled from 8 percent to 16 percent in the past twenty years. 

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7/1/2010
Taylor B. Downs
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Michigan Wal-Mart worker using medical marijuana sues over firing

Although medicinal marijuana remains illegal in West Virginia, this can easily be paralleled to a disability discrimination lawsuit where an individual is fired for taking prescription pain medications.  It will be interesting to see how this case plays out in Michigan and how many companies follow in Wal-Mart's footsteps.   

A Michigan man who was fired from Wal-Mart when he failed a drug test due to his use of medicinal marijuana has filed a lawsuit against his former employer. Joseph Casias claims in his lawsuit that in November 2009 he twisted his knee while at work. Under Wal-Mart policy, employees who are injured at work must take a drug test. The lawsuit claims that Casias showed his bosses the paperwork from the state allowing him to use medicinal marijuana to alleviate pain from a brain tumor, but he was fired regardless after failing the drug test. The lawsuit seeks unspecified damages.  Gina Damron, Detroit Free Press  06/29/2010

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1/31/2010
Adam Brown
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Pharmacist sues Wal-Mart for unlawful termination after complaints of understaffing

Former pharmacist-in-charge of Wal-Mart's Spring Mills pharmacy in Berkeley County, WV has filed suit against Wal-Mart in the Circuit Court of Berkeley County in Martinsburg, WV. David Wasanyi alleges that Wal-Mart terminated his employment in retaliation for his complaints of understaffing the pharmacy and his safety concerns for the customers. Mr. Wasanyi alleges that he was required to work 13 hours a day, seven days a week and perform the amount of work normally performed by four pharmacists. He contends that the overwork lead to unsafe conditions in the pharmacy. After he complained, Mr. Wasanyi alleges that Wal-Mart retaliated against him by terminating his employment. Mr. Wasanyi is represented by Harry P. Waddell of Martinsburg, West Virginia.

Labels: employment
7/29/2009
Adam Brown
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EEOC and Maryland Attorney settle FMLA and ADA claims for $125,000

Attorney Kathleen Cahill of Towson, MD, and to Maria Morocco of the EEOC's Baltimore office obtained a $125,000 settlement on behalf of a client, whose employer refused to allow her to return to work after she recovered from surgical complications related to her breast cancer.

The claims brought on behalf of the plaintiff included a Family Medical leave Act (FMLA) claim as well as a claim under the Americans with Disabilities Act (ADA).  The client is presently cancer-free.




5/15/2009
Adam Brown
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Excellent employment law website is now open to the general public

Tom Garlands' digest of federal employment law decisions around the country was for years a subscription only service which he provided to legal professionals in the field of employment law.  He has now opened his excellent website as a free resource to the general public.  The site contains a wealth of cases from the federal circuits dealing with all aspects of employment law.  Topics include Title VII, ADA and ADEA cases covering sex, race, disability and age discrimination and harassment, federal wage and hour law, FMLA claims and a variety of employment issues. The website is an excellent research tool for lawyers and a source of information for anyone with questions regarding employment issues.  The website address is www.garlands-digest.com.  There is a direct link to the site contained on the resources page under employment.


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5/3/2009
Harry P. Waddell
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If your employment is terminated you may be able to continue your health insurance coverage with 65 percent of your premium paid by your employer

New changes in federal law under COBRA may allow you to continue your health insurance after your employment is terminated with a 65 percent contribution to your monthly insurance premium paid by your employer.  Under the old rule you were required to pay the entire insurance premium to keep your health insurance in effect after employment termination.  The change is part of President Obama's economic measures to assist persons in the present economy.  Check the library on this website for an article explaining the changes in the law and answering common questions.

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3/27/2009
Harry P. Waddell
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Employment discrimination - new Position Statement of American Diabetes Association

The American Diabetes Association has issued a new position statement on Diabetes and Employment which contains helpful information regarding diabetes as a disability under employment discriminations, reasonable accommodations for diabetes in the workplace and related topics. The statement itself can be viewed in the library section of this website


General

8/3/2010
Taylor B. Downs
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Forced arbitration is in most consumer contracts

Excellent article from the Baltimore Sun showing how more and more companies are using forced arbitration in sales contracts to prevent consumers from filing lawsuits.

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7/27/2010
Taylor B. Downs
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Civil Actions Promote Safety

A first in a series of articles that highlights how lawsuits promote greater safety of consumer products and encourage corporations to make safer, more effective consumer products. 

http://www.asianjournal.com/consumer/atty-conrado-qjoeq-sayas/6254-civil-actions-promote-safety-in-cars-a-other-products--part-1-.html?showall=1

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7/13/2010
Taylor B. Downs
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New survey highlights need for representation in civil suits

A recent survey conducted by the Coalition for Justice highlights the need for representation in a civil law suit.  The survey, answered by 986 state court judges from around the nation, found that a pro se litigant (one without representation) has a much greater risk of having negative results than an individual who is represented by an attorney.  Moreover, the survey found that individuals who attempt litigation on their own usually end up taking more time to complete their litigation, usually because of a lack of knowledge of procedural and evidentiary rules. 

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6/29/2010
Taylor B. Downs
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More problems for Toyota

Toyota Motor Corp. has stopped all sales of its 2010 Lexus HS 250h hybrid after government tests showed it could leak fuel in a rear-end collision.

The Japanese automaker said it was also recalling roughly 13,000 HS sedans that have already been sold and 4,000 that are still on dealership lots.

A remedy for the problem has not yet been determined, Toyota spokesman Brian Lyons said.

The National Highway Traffic Safety Administration, in a recall filing Friday, said that the defect "could result in a fire." A similar problem in the Ford Pinto that has been blamed on 27 deaths led to one of the most publicized recalls of all time, in 1979.



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6/29/2010
Taylor B. Downs
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Fixing Iqbal: Restoring Americans' Access To Justice

Good general information from the American Association for Justice on the Supreme Court's recent ruling in Iqbal.

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6/28/2010
Taylor B. Downs
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Interesting discrimination suit against cable giant Comcast

A former Comcast employee alleging he suffered years of racial discrimination and harassment at the hands of his employers is now suing the cable giant.

Timothy Morrison, a Naples resident, had worked for Comcast for 10 years when he was fired by the company in October 2009. Morrison, who is black, alleges in a lawsuit filed Tuesday that from the moment he transferred to Naples from Chicago in 2006 he received discriminatory treatment from his white supervisors and was retaliated against when he complained.



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6/28/2010
Taylor B. Downs
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Feds recall another 2 million drop-side cribs

In a sign of the lingering danger posed by a common baby product, federal regulators on Thursday recalled another 2 million drop-side cribs for deadly hazards.

The moveable sides that raise and lower on such cribs make it easier to whisk away crying babies without straining parents' backs. But the sides repeatedly malfunctioned in ways that were hard to spot, leading to horrific scenes in nurseries around the nation.

When the sides separate from the crib, babies' bodies can slip into the resulting gap. Their heads get trapped, and they hang to death or suffocate. At least 32 children died when their drop-side cribs malfunctioned, and the U.S. Consumer Product Safety Commission said another 14 babies' deaths may be linked to drop sides.

Now, after years of missed warnings, regulators and companies are taking actions that signal the end of the line for the drop-side crib.

Thursday's sweeping recall put to rest the idea that these problems were isolated to a couple of companies that mass-produced cheap cribs in China. The recall included cribs made in the United States, Italy, Canada and seven other countries. Some cost as much as $500.

"Don't use a drop-side crib. Period," said Nancy Cowles, who for years has pushed for stronger safety rules for cribs as executive director of Kids In Danger, a Chicago-based advocacy group.

The Tribune first exposed the dangers of these faulty cribs in 2007 as part of a Pulitzer Prize-winning series. That prompted the first of the big drop-side crib recalls. Thursday's recall includes certain models under the Child Craft, Delta Enterprise, Evenflo, Jardine, Bona Vita, Babi Italia, ISSI, Million Dollar Baby and Simmons brands. The action brings to 9 million the number of drop-side cribs that have been recalled in recent years.

More than 250 consumers reported that the drop sides failed on these cribs, which were manufactured between 2000 and 2009, the safety commission said. When the sides separated, 44 babies fell from their cribs or were trapped but freed in time, the agency said. One baby was knocked unconscious and had to be hospitalized. Another broke a collarbone, the agency said.

Six of the manufacturers offered their customers kits designed to immobilize the moving sides of their cribs, and another offered a $25 to $50 rebate on the purchase of a new crib. The head of the CPSC has vowed to include a ban on drop sides in mandatory crib rules likely to be enacted before the end of this year.



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11/17/2008
Harry P. Waddell
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New Employment Case Filed September 7, 2007

On September 7, 2007 we filed a civil action on behalf of Lester T. Pigford in the Circuit Court of Berkeley County, West Virginia. The suit is a racial harassment, retaliation and wrongful discharge against Mr. Pigford's former employer of 17 years, Quebecor World Fairfield, Inc. The company operates a printing facility in Martinsburg. After 17 years working of the company, Lester was summarily fired for allegedly "sleeping" on the job because he closed his eyes for a few minutes trying to get rid of a headache. Lester, who is black, was fired with no warning although the company has not fired other white employees accused by the company of the same offense. It appears that Lester had become a target for making complaints of racial harassment against his immediate supervisor. Since his termination, the supervisor has received a promotion.

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