Injuryboard Commentary - Miscellaneous

Michigan Consumers Duped by Pre-Paid Funeral Scam

David Mittleman — Sun, 06 Dec 2009 10:00:00 GMT

Florence Muto opted to pre-pay for her funeral so that when she dies her family won’t be left with a hefty funeral bill while grieving her departure. While this was a thoughtful move on 92-year-old Muto’s part, the pre-paid funeral company she purchased from wasn’t as thoughtful. In fact, Muto is now out $6,000 after being scammed by a Livonia, MI funeral home.

Muto was but one of 60 other individuals scammed by the owners of the now-closed Ziomek Funeral Home between 1998 and 2007. Luckily, the Ziomek’s were charged at the end of last month with six charges, one of which carries a possible 15-year sentence if they are found guilty. Officials estimate that the Ziomek’s stole approximately $250,000 between the 60 people that purchased pre-paid funerals and cremations.

Unfortunately, the Michigan Department of Energy, Labor and Economic Growth stated that in the last fiscal year alone they received 53 complaints about pre-paid funeral scams run by 10 different funeral parlors. However, there are protections in place to keep consumers from falling into the same traps. For example, according to Phil Douma, the executive director of the Michigan Funeral Directors Association, there is a Michigan law that requires providers of pre-paid funerals to register with the state and to put the money that people pay into escrow so that it is available when the funeral occurs. Furthermore, Douma also offers the following tips to help keep you informed when purchasing a pre-paid funeral:

• Funeral homes that offer prepaid funeral plans must be registered with the state, and the Department of Energy, Labor and Economic Growth keeps a searchable online database of prepaid funeral service registration.   

• Money accepted as part of a prepaid funeral plan must either be kept in trust or used to buy a life insurance policy that would cover future funeral expenses.   

• Those who buy prepaid funeral plans should receive regular reports showing how their plan is faring.

Originally posted at InjuryBoard by David Mittleman

Gift Cards... Buyer Beware.

Mike Bryant — Sat, 05 Dec 2009 09:15:00 GMT

Representative Joe Atkins recently passed along advice following his legislation concerning gift cards.

According to the National Retail Federation, gift cards are going to be this year's most popular holiday gift. For consumers who purchase gift cards with hidden fees or
expiration dates, however, they could again be this year's biggest
holiday rip-off.

In Minnesota, a two-year-old state law has offered some important
protections to Minnesota consumers by prohibiting expiration dates and
fees on gift cards. But the law only goes so far. To get their money's
worth, holiday shoppers in Minnesota should:

1. Avoid bank cards and cards issued by credit card companies, which
are subject to federal law and still have fees and expiration dates

2. Look closely at the card - even though it may look like it comes
directly from the retailer, the small print may reveal it is a bank card
with fees and an expiration date

3. Avoid cards where you can see the number on the card before
purchasing it - these cards are popular with cyber-thieves who use the
number to make online purchases without having to buy the card

Gift cards are great. But rather than being the gift that keeps on
giving, they can often be the gift that keeps on taking. Expiration
dates and fees erode the value of the cards, sometimes leaving the
recipient with nothing. That’s why I worked with retailers to pass
Minnesota's law. But consumers still need to be careful about what sort
of gift cards they purchase.

Originally posted at InjuryBoard by Mike Bryant

Claude Wyle of San Francisco firm Choulos Choulos & Wyle receives “Superb” rating

Claude Wyle — Fri, 04 Dec 2009 15:24:17 GMT

Claude Wyle of San Francisco firm Choulos Choulos & Wyle receives “Superb” rating

San Francisco, CA--Claude Armand Wyle, a partner with the law firm Choulos Choulos & Wyle, a renowned San Francisco personal injury law firm, has received a “Superb” rating from Avvo.com, based upon his experience, professional conduct, and industry recognition, that is, in the opinion of other lawyers in the community.

Mr. Wyle said, “This rating is very important to me, because Avvo.com is not a paid site.” In other words, Claude’s rating is a result of his achievements, not the result of paid advertisements or an insiders’ network.” Avvo’s new approach to ratings, is also very impressive, according to Mr. Wyle, because it allows former clients to comment on their experiences. “Although client input is not part of the rating system, it is important to consumers, because it helps to convey a sense of the lawyer’s style and approach,” Wyle said. In addition to this “superb” rating among all San Francisco personal injury attorneys with Avvo.com, Mr. Wyle also has an A. V. Rating through Martindale Hubbell, which ranks him as among the top 5% in the country, and the law offices of Choulos Choulos and Wyle is ranked also among the top 1% nationwide. Claude Wyle has also been named a “Superlawyer” by San Francisco Magazine for the last several years and is the author of numerous articles involving all aspects of litigation. He is also a frequent speaker on the topics of automobile, motorcycle and bicycle accidents and dangerous roadway cases.

Originally posted at InjuryBoard by Claude Wyle

Chamber of Commerce Uses Scare Tactics

Robert Blanchard — Fri, 04 Dec 2009 13:00:47 GMT

The title of a recent US Chamber of Commerce spam email says it all, "Terror by Trial Lawyer." Not only do they denigrate a profession with a long noble history that goes to the core of what it means to be American, the Chamber also feels it necessary to out and out lie. "LIARS at the U.S. Chamber of Commerce" should be the title. Their spam email is an attempt to undermine legislation, introduced by a Republican, that is designed to restore Notice Pleading in our federal courts after recent rulings left attorney and judges uncertain on the rule of law. The big companies profiteering do not like it (KBR, Blackwater, Halliburton) so the Chamber lies for them and tell you the legislation will allow terrorists to sue our Nave SEALS. This total fabrication assumes you are ignorant and that you do not want to know the true content or purpose of the legislation.

Don't let them get away with it. Go read the bill (the Notice Pleading Restoration Act of 2009) and then write your elected officials to denounce these scare tactics.

Originally posted at InjuryBoard by Robert Blanchard

Tony Villegas Needs A Florida Divorce Lawyer

Steve Lombardi — Fri, 04 Dec 2009 10:19:54 GMT

If you are a lawyer who lives in Florida and can handle a divorce case, then Tony Villegas needs you. I’m licensed as an attorney in Florida, but I don’t live there so I’m not a solution; if I were I’d step up to the plate for Tony Villegas.

Can he pay? I have no idea although I suspect the answer is yes.

Why should you do this? Because this guy Villegas needs help in his divorce from Debra Villegas who worked for a man charged in a gargantuan financial swindle. Without a lawyer, Tony, who sits in jail might get taken advantage of.

Why should you help a guy who has been charged with murder, get a fair shake in his divorce? Well because Tony just might be the wrong guy; he has been charged with first degree murder of a woman that many others could have wanted dead. There are so many other people with a better motive than Tony that it isn’t even funny. This whole story has Hollywood written all over it. But aside from your fifteen minutes of fame, how about because justice is why most of us started on this path to law school and the practice of law. And how about because honest lawyers care that the legal system works fairly for those who find themselves wrapped up in it.

Bob Norman from Broward-Palm Beach has been blogging nonstop about this case and how Villegas’ wife worked for the law firm that was headed by Scott Rothstein, who was recently arrested by the FBI for allegedly running a multi-billion dollar Ponzi scheme.

How do you get involved? Villegas vs. Villegas is a good place to start.

What’s with the murder case? The murder he’s accused of committing is of Melissa Britt Lewis. I’ve written about Ms. Lewis, a promising young lawyer who worked in the law firm where Scott Rothstein was the principal shareholder. I questioned whether she knew too much, was too honest and those raking in the hundreds of millions didn’t want her blowing the whistle. What did Tony have to gain with murdering Lewis? Nothing that I can see.

Court filings in the Melissa Britt Lewis Estate can be found by following the link. The attorney who is handling the estate appears from the court records to be Jill Robin Ginsberg.

Broward County Case Number: PRC080003556	State Reporting Number: 062008CP003556A001CE
Court Type: Probate	Case Type: Petition For Administration
Incident Date: N/A	Filing Date: 07/11/2008
Court Location: Central Courthouse	Case Status: Pending - PR
Magistrate ID / Name: N/A	Judge ID / Name: 60J Grossman, Mel

Style: In Re Estate Of: Lewis, Melissa Britt

Did Tony Villegas kill Lewis? I have no idea, but after 30 years of practicing law I have my doubts. The motive that is being asserted is so weak and the evidence against him so flimsy that reasonable doubt is the frosting on this criminal defense cake. Add in the mega-Ponzi scheme that was going on at the time Tony’s wife was the office manager at RRA, along with Lewis being as honest as the day is long and reasonable doubt looks like a slam dunk. So if Tony gets off on the criminal charges he’s going to need help putting his life back together. And if his ex-wife is charged and convicted in the Ponzi scheme where does this extended family turn for legal help? If it isn’t us lawyers then who is it?

Right now no one has been convicted, only charged and the facts surrounding Villegas have to be enormously confusing and overwhelming. So if you’re a young lawyer looking to do some good work in Florida or even just getting your 15-minutes of fame, get in touch with Tony Villegas to see if you can help him out in his divorce case.

You can read more at this linked blogs.

RRA Litigation: Tony Villegas Deposition List, A Place to Start (Updated)

Steve Lombardi | December 01, 2009 9:01 AM | 1 Comment Des Moines, IA

Today looks like the day Scott Rothstein will be charged and then arrested by the FBI. He claims to not be talking but those who have followed this story closely see it differently. Rothstein has...

Did honesty get Florida lawyer, Melissa Lewis, killed? (Updated 11 ...

... Did honesty get Florida lawyer, Melissa Lewis, killed? (Updated 11/19/09). ... “I read your post about Melissa Lewis. Are you aware of the recent events in Ft. ... 101k

What happened to Melissa Lewis? If you can answer that question ...

... Miscellaneous. What happened to Melissa Lewis? If you can answer that question you may get a $250,000.00 reward. ... So what happened to Melissa Lewis? ... 101k

RRA Cast of Characters - Is Tony Villegas the Wrong Man? (UPDATED ...

... public. As for the original crime, the murder of Melissa Lewis is being prosecuted and one man’s life hangs in the balance. He ... 101k

http://www.youtube.com/watch?v=n_9FaKO0ugM

http://www.youtube.com/watch?v=Kiv-TsSqu7M

http://www.youtube.com/watch?v=LQHxM80yKrg

Originally posted at InjuryBoard by Steve Lombardi

Philly Man Having Heart Attack Dies Awaiting Treatment in Hospital ER then Robbed by Drug Addicts

Paul Napoli — Thu, 03 Dec 2009 08:35:04 GMT

December 2, 2009

A popular Philly local musician and high school counselor went to a hospital emergency room on Saturday complaining of heart attack symptoms. He sat untreated in the waiting room for 80 minutes, where he died and three homeless drug addicts robbed him of his wristwatch.

Joaquin Rivera, 63, of Frankford, walked two blocks from his home on Duffield Street to the emergency room of Atria Health's Frankford Campus in Northeast Philadelphia, where he checked in at 10:45 p.m. complaining of pain shooting from his left arm to his chest. He took a seat in the waiting room as a nurse instructed.

At 11:00 p.m., Richard Alten, 44, signed in for treatment at the emergency room and he, along with another man and woman companion, take a seat in the waiting room. The three conversed with Rivera.

According to witnesses, police believe Rivera lapsed into unconsciousness about an hour after checking in. All caught on the hospital’s security video, one of the three people he had spoken with in the waiting room then removed Rivera’s watch and briefly passed it to Alten. Alten was then called to see ER doctors and his companions left.

Around 11:45 p.m., a witness alerted hospital security that Rivera appeared to be dead and of the robbery.

“There's no resistance from Mr. Rivera at all, which is why we believe he's probably dead. There's no stirring from him," said Capt. Jack McGinnis, a city detective, of the security video.

Police took Richard Alten into custody. The other suspects, a black woman in her thirties and 5-foot-8 black man in dark pants who limped are wanted by police. McGinnis describes the three suspects as homeless drug addicts. Police say they may release hospital security video in hopes of catching the other two suspects.

Rivera was pronounced dead At 12:04 a.m., one hour and 19 minutes after arriving at the hospital.

"My father went there complaining about chest pains," Joaquin Rivera Jr., 25, said. "They made him wait there for over an hour. That is ridiculous. I feel like the hospital killed him. "

Joaquin Rivera was a popular folk musician in Philly, especially within the Puerto Rican community. He was a bilingual counselor at Olney High School and worked for the school district 36 years.

Funeral Mass for Joaquin Rivera will be at 10 a.m. Saturday at Christ Church and St. Ambrose, 600 W. Venango St. Friends may call at 6 p.m. Friday at the John F. Givnish Funeral Home, 10975 Academy Road, and at 9 a.m. at the church. Burial will be in Greenmount Cemetery, Front and Luzerne streets.

Aria Frankford Hospital has released the following statement:

"Due to the pending criminal investigation and citing patient confidentiality, Aria Health is unable to comment with regards to the circumstances surrounding this patient's death. Aria Health is cooperating fully with the Philadelphia Police Department in connection with the investigation and offers its condolences to the patient's family. Aria officials are conducting an intensive internal investigation into this event and are coordinating their efforts with law enforcement."

Hospital negligence can result in serious injuries and even deaths. If you have been injured as the result of negligence while you were a patient in a hospital, or if a loved one died due to hospital negligence, you may be able to file a claim and collect compensation for pain and suffering, lost wages, medical expenses and other losses. Some of the most common forms of hospital negligence include wrong-site surgeries, medication errors, surgical errors, development of hospital-acquired infections, improper use of anesthesia, improper treatment of a diagnosed medical condition, failure to monitor or stabilize a patient, or improper use of a medical device. Call Napoli Bern Ripka, LLP at 888-529-4669 today to discuss your legal options.

Originally posted at InjuryBoard by Paul Napoli

Outrageous hospital billings.

Gerry McGill — Wed, 02 Dec 2009 17:37:29 GMT

Ever wonder why hospital bills are so high? Consider these: Patient Jim Bujalski complained to St. Anthony's Hospital in Littleton, CO, about the cost of his prescription Plavix and Crestor tablets, which he was forced to "buy" while hospitalized. He could not use his own medications beause the Hospital only "administers drugs under its own control". The Plavix was $248 each, (he pays $8 at home) and his Crestor was $65($3 at home). That's a mark-up 31 times for Plavix and 21 and 2/3 for Crestor. The medications were part of his $58,000, one-day hospital stay.

Further, Medical Billing Advocates of America, a private firm that patients can hire to help consumers sort through their medical bill for errors, over-billing or outright fraud, has reported patients bills that contain a $2 box of tissues billed as a "mucus recovery system" for $12, a piece of gauze used to wipe down surgical equipment billed as a "fog eliination device" for $57, and a Teddy Bear billed as a "cough support device" for $57.

Medical Billing Advocates of Florida estimates that as many as 80% of all medical bills contain billing errors of some type but a spokesman for Humana, a health insurance company that receives about 6 million claims a month says that 90% of the bills do not contain errors. Assuming that neither advocacy group is totally correct and the difference is somewhere in between, there are certainly many, many errors made. Call me a cynic, but I can't help but believe that the number of overbillings greatly exceed errors in the patients' favor.

Originally posted at InjuryBoard by Gerry McGill

Proposed Legislation Would Protect Consumers, Hold Insurance Companies Accountable

David Mittleman — Wed, 02 Dec 2009 16:42:55 GMT

Earlier this week, Democrats in the Michigan House of Representatives introduced a package of bills that would strengthen consumer protection and prevent auto insurance companies from engaging in unfair trade practices. The proposed law, which is made up of ten separate bills, represents a significant step toward safeguarding consumers' interests.

Under the current law, insurance companies can consider someone's credit history, education, and occupation when setting insurance rates. The new law would prohibit this practice, as well as prevent auto insurance companies from raising an individual's rate following an accident if he or she was not at fault. In addition, the state insurance commissioner would have to sign off on any potential rate increases.

The new bill package essentially adopts the recommendations put forth by consumer advocates in February of this year. Despite its brutal economic climate, Michigan ranks in the top quarter of all states in terms of total auto insurance premiums.

Until now, auto insurance companies have been able to fix rates based on irrelevant and discriminatory information. Hopefully, that is about to change and consumers will be able to enjoy a fair and reasonable method of determining auto premiums.

Originally posted at InjuryBoard by David Mittleman

Protect Your Personal Data!!

Bruce Bierhans — Wed, 02 Dec 2009 14:21:58 GMT

We all know that identity theft can be an enormous problem for a victim, and the risk of such theft is enhanced by our use of computers. Our own Supreme Judicial Court has recognized the gravity of the problem, and effective September 1, the court adopted a policy known as "Interim Guidelines for the Protection of Personal Identifying Data in Publicly Accessible Court Documents".

An SJC press release states that the guidelines "were developed to begin to protect personal information in public documents....". Unless an exemption applies, court filings may no longer contain the complete number of any of the following information: social security number, taxpayer id number, credit card number, financial account number, drivers license number, state issued id card, passport number, or maiden name of a person's mother. Any filings may only contain the last 4 digits of any number or only the first initial of the mother's maiden name.

Think of how often a vendor, store clerk, or other individual in the daily course of business requests any of the above information. Not that it's a great revelation, but the action of the SJC does serve to stress the importance of the confidentiality of much of the above referenced personal data. Whenever you are asked for this data, you should question why it is necessary for the inquirer to possess and ask whether or not there is any reasonable alternative to providing the requested information.

When you're out shopping this holiday season, protect yourself and your identity! Happy Holidays!

Bruce A. Bierhans

Originally posted at InjuryBoard by Bruce Bierhans

Let's Get Real About Lawsuits and Corporate America and Organized Medicine

David Mittleman — Wed, 02 Dec 2009 10:11:39 GMT

While browsing the blogging world I discovered a post by Joanne Doroshow on the The Huffington Post with which I completely agreed. Ms. Doroshow was taking on the hypocrisy of Corporate America and Organized Medicine when it came to their positions on access to the courts.

It boils down to this. When it's injured people who want access to the courts to protect what little rights they have left after "tort reform", corporate America and organized medicine blast the anti-litigation propoganda for all to hear. We hear about frivolous lawsuits, costs of litigation, and the threats to commerce.

But... when it's corporate America and organized medicine that want access to the courts to rack up money on even the most absurd claims, the anti-court propoganda disappears. Most likely, these corporate entities are suing smaller, weaker entities to squeeze them out of money over things most of us would probably shake our head over.

So here's the truth. When you hear television ads and see online postings talking to you about frivolous lawsuits and greedy plaintiffs, remember who is sending you the message. It's probably a corporate entity that's been suing over the craziest claims, but doesn't want injured persons without million dollar bank accounts to have access to the courts.

Is that hypocrisy? If it walks like a duck, and talks like a duck....

Originally posted at InjuryBoard by David Mittleman