Injuryboard Commentary - NC

Coming Soon, Sperm Auction Commercials on “The View”

Steve Lombardi — Mon, 07 Dec 2009 12:01:00 GMT

Most everyone fears Osama Bin Laden, but in my view what is more destructive to America are Americans that line up asking for a participation trophy. They are the ones asking for something just for showing up. Previously I wrote about a social security case involving an application for death benefits for a child who was conceived by artificial insemination after the father had passed. The child hadn’t ever been dependent on the father because he died almost two years prior to the child being born. The mother using frozen sperm took it upon herself to be artificially inseminated and then following the child’s birth applied for social security death benefits. That’s bothersome to me and I believe Patti Beeler is way off target with the example she sets.

"It was, in my view, the right decision," said Patti Beeler. "We're the first in Iowa, but we won't be the last. You either deal with it now, or a year or 10 years later when there are more cases."

When did being first to make the wrong decision ever justify the act? Winning doesn't justify the act.

Does in vitro fertilization make social security benefits simply an investment decision for widows?

Let’s look at the facts. The Little Miss Sunshine is only 6-years old. Her biological father was 37 when he died on May 4, 2001, almost two years before Little Miss was born; now the living parent is in line to receive his social security benefits, albeit in the child's name. The child was born in April 2003. She was conceived not in the traditional way, but by in vitro fertilization using frozen sperm from the late husband who died from leukemia. The child was never dependent upon the biological father and while alive he never paid for any of the costs to support her. Of course he couldn’t because he was dead almost 2 years before she was born. Fact of the matter is Little Miss Sunshine will never meet her father. But they are now in line to receive a monthly check from the taxpayers for what can only be described as a significant amount.

“The benefit means that more than $150,000 could be tucked away for the college education of Brynn Beeler.”

I suspect most taxpayers will react as I did. Say what? Say that again! Are you kidding me? Where does this end? And what is the example it sets? We taxpayers are forking over how much in social security benefits for the cost of an in vitro procedure? Isn’t this a self-inflicted wound? I read where in vitro can be done for $10,000 to $15,000 and insurance might even cover the costs. Let the head scratching begin. Is in vitro fertilization becoming an investment decision leading the way to a stream of non-taxable income at the expense of the aging taxpayers?

This isn’t the first time I’ve written about this and similar cases. I last wrote about this using TLC's Jon & Kate Plus 8 situation to demonstrate how live men are quickly becoming obsolete. And this decision by the Social Security Administrative Judge just proved my point. You don’t need a living man anymore. You just need his frozen sperm.

Kate plus 8 means no date. | InjuryBoard Des Moines ... The widow then filed for social security death (survivor) benefits; even though she got pregnant knowing the father was already dead and knowing the child ... 101k

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But if you’re a thinking person this isn’t the end of the story; it’s just the beginning, because many women want to have it all. Kind of like Kate plus 8 meant no dates for Jon. Kate had wanted a whole brood and a career; and then the photographers taking pictures of her with the flat stomach and the bikini on the beach, along with the book signings, the production meetings, the photo shoots with People magazine and … oh yeah an accessory husband. We can’t forget about the husband, now can we? What’s his name? Oh yeah Kate, it’s Jon.

Career woman can be worse than men ever acted. And what about that widow seeking benefits from our Social Security Administration fund?

The Smaller Question: Should the widow get the bennies or not?

Answer: Whether in your mind she does or don’t you should know the Social Security Administration said no we still need men. The government says Brynn is not eligible for the benefits, based upon an interpretation of a 150-year-old Iowa law written long before technology was available to allow the preservation of spermatic material beyond a person's life time. The law is a remarkable thing. Just consider for a moment, that this law was written long before science had begun to make men unnecessary. Keep in mind if they can freeze enough sperm they don’t need the rest of us.

Updated Answer: The judge ruled live men aren’t necessary to get the dough.

Girl entitled to dead dad's benefits, judge rules, Des Moines Register, By JASON CLAYWORTH, December 2, 2009.

Now we are back to the larger question that in The View of some is neatly stored frozen and hiding inside some test tube. Like Jon, live men aren’t a necessary accessory anymore. All you need is some frozen sperm from the sperm bank.

Until recently I hadn’t watched The Matrix but perhaps the producers and directors were trying to tell us men something.

http://www.youtube.com/watch?v=GtqU57sR0B8

THE LARGER QUESTION STILL LOOMS, BUT THIS TIME FOR MEN

So here is the question for the taxpayers but especially for you men out there. Should we just give it and our Social Security benefits away or should we get a return on it? Should we create our own Wall Street style sperm bank where we auction sperm to the highest bidder? We might as well get something now for our investment in earned wages and the building up of Social Security benefits which we will never see a penny of.

Perhaps Jon Gosselin, sitting on the couch looking glum with shoulders slumped down trying to find a life outside of being a reality TV personality is the example of the way we feel about no longer being needed. Dejected is the only word I could think of to describe his appearance. Not so for the incubator. She’s upbeat and still in the sperm dollars. Jon is a symbol of where men in general are heading.

http://www.youtube.com/watch?v=NuWkig8da74

And for all you Jon’s out there, do us all a favor; please assure the taxpayers you didn’t freeze any sperm! If you did my advice to you is to sue to take control of it. Maybe the Attorney Generals can sue in a class[less] action. Can you imagine Kate pregnant again with Jon being the sperm donor? First you’ll be paying child support and then all she has to do is wait for you to die and the taxpayers hand over a monthly check for Kate Plus 16 or 32 or 64 or whatever her Social-Security Lotto Obit Benefits number might be. Do you remember that other woman from out west who was artificially inseminated, had a multiple litter of kids and was said to be collecting social security benefits? Oh our memories are short. Forget about tort reform and get focused on in vitro fertilization reform. Forget hating lawyers for just a second and get focused on what the IVF docs are doing to the social security fund. The women taking advantage of IVF simply load the gun and the taxpayers get to take the bullet.

AND WHAT ABOUT THE TAXPAYERS?

We taxpayers need to take control of our investment called Social Security before the day they tell us it’s bankrupt and needs another 700 billion dollar bailout and there are only the Generation X-Y and Z's who will never be able to pay for it. What the heck, if we’re going to hand out sperm lotto tickets we might as well auction off the sperm and get something for it now. How much might women pay for sperm lotto tickets that will cash flow to the tune of $150,000 in 18-years? The present day value has to be a considerably better investment than the return of the stock market. Experience tells me Wall Street will help us package the investment like mortgage backed securities and securitize it. I can see the IPO now, Sperm Tube Unit Donors goes pubic; oops I meant public. The stock symbol will be STUD. Another option is Social-Security Lotto Obituary Benefits, Inc. stock symbol, SLOB.

Kate Plus 8 Still Means No Date – No Kate we still don’t feel sorry for you.

http://www.youtube.com/watch?v=RSsbkQ_GOT8

Does she look hurt? Did I miss it? How do guys get in the same category as shoes and handbags? Guys, in my View we’re quickly becoming obsolete… onward we march.

Originally posted at InjuryBoard by Steve Lombardi

Where Do The Doctors Go?

Mike Bryant — Mon, 07 Dec 2009 09:56:00 GMT

There has been an going mantra from fans of tort reform that the main reason you need medical malpractice change is that doctors are quitting and fleeing states because of premiums. Many of the writers here at the Injuryboard have looked at this issue. There really doesn't seem to be support for the claim.

But, there are areas that are seeing reduced numbers of doctors. The question is why? A special report may have found some of them. The report found:

Doctors have been flocking to the area and surrounding Westchester County since the 1970s, drawn in part by an upper-class clientèle who demand top-notch medical care and have the means to pay for it.

The answer was that money is what drove doctors to an area. Is that why Texas , with it's high medical costs, is seeing more doctors in the area? As TortDeform recently pointed out:

Ask a doctor if they’d rather practice in White Plains, where everyone has health insurance and the doctor risks being sued, or if they’d rather practice in the California central valley (or any other poor, uninsured area) and be completely immune to malpractice lawsuits. Most doctors are going to pick White Plains because money matters.

It's time that we get beyond the myths and into what, not only makes sense, but also is the reality of what is going on. Minnesota doesn't have damage caps and it has medical facilities continuing to sprout up all over.

Originally posted at InjuryBoard by Mike Bryant

Injury severity has the most effect on workers' compensation payouts, not attorney fees

Doug Landau — Mon, 07 Dec 2009 01:27:00 GMT

The severity of injury and level of impairment -- not the workers' legal fees -- have the most effect on payout for workers' compensation claims among Illinois construction workers, researchers at the University of Illinois at Chicago School of Public Health have found. The research is published in the November issue of the Journal of Occupational and Environmental Medicine. journals.lww.com/joem/pages/default.aspx

The study uses workers' compensation data to quantify the actual amount of money spent on claims. The researchers identified specific factors associated with cost, such as age at the time of accident, weekly wage, fatality, attorney representation, number of body parts injured, and the severity of injury. Demographic data was also obtained for workers filing claims, including sex, marital status, number of dependents, and place of the accident.

The study evaluated 19,734 claims filed with the Illinois Workers' Compensation Commission between 2000 and 2005. Such claims are filed when an employee and employer are unable to resolve compensation for an injury independently. There were 1.21 construction claims per 100 Illinois construction workers. The study also found that those injured workers who had a lawyer helping them received more in compensation than those representing themselves, after controlling for all other variables. "The discussion that workers retaining attorneys are driving up costs always surprises me," said Lee Friedman, assistant research professor of environmental and occupational health sciences at UIC and lead author of the study.. "There has never been a discussion about employers retaining attorneys, which they almost always do. The discourse has always been one-sided." Indeed, the amounts an insurance company or employer can pay its lawyers is not reviewed by the Workers Compensation Commission in any state Herndon injury lawyer Doug Landau practices in and there is no limit to what these large firm lawyers can charge to defeat an injured worker or their family's claims. This disparity in the law is almost never discussed in the press. What is worse, says Landau, is that the insurance lawyers are paid, "win, lose or draw" on an hourly basis, unlike the disabled workers lawyer, who is usually paid on a contingent fee basis, "which means they are only paid for their efforts if they win or are otherwise successful on their clients' behalf." The insurance defense lawyers have little incentive to resolve the issues quickly and the more hours they bill, the more money they make for their law firms and themselves. this is one of the reasons that Virginia should enact laws to counter bad faith workers compensation claims handling and delay tactics. If you or someone you know has been injured in an on the job accident, e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

Originally posted at InjuryBoard by Doug Landau

I-94 Head On Collision Sends Two To The Hospital

Mike Bryant — Sun, 06 Dec 2009 22:46:00 GMT

Saturday night, a Toyota Tundra hit a Toyota Sienna sending a mother and her son to the hospital. The Tundra was driving wrong way on a ramp from I-94 at 49th Avenue. Five other children were also injured in the van with the hospitalized pair. Investigation continues, but it is suggested that alcohol played a role.

If you are in an accident, make sure to get the names of anyone who indicates they saw what happened. If you witness an accident, check to see if everyone is OK and stay around or at least give the drivers your contact information. If you are injured, seek the advice of an attorney who does that kind of work and who can explain your coverages and rights.

Originally posted at InjuryBoard by Mike Bryant

Employers who hire day laborers still responsible for workers comp benefits

Doug Landau — Sun, 06 Dec 2009 21:15:21 GMT

Employers who hire day laborers, undocumented workers and cash only laborers still responsible for workers comp benefits, according to workplace injury lawyer Doug Landau of ABRAMS LANDAU, Ltd. In a decision in favor of Landau's client handed down by the Workers Compensation Commission, the worker's medical bills (without any deductibles), temporary total disability, out of pocket expenses for his prescription medications, travel to see his health care providers and permanent injury were all ordered to be paid by the insurance company.

FACTS: The worker was picked up at the Herndon 7-11, since, in their infinite wisdom, the Town Council closed the Herndon Day Labor Site and brought those seeking employment back to Elden Street where everyone who visits the "Historic" Town can see them every morning lining the roadway. The construction company owner selected several men with experience in the building trades who would be paid cash at the end of the day. The owner was driving a company truck, wearing the company uniform and had the company's tools in the back. Several of the laborers were dropped at a commercial construction site before Landau's undocumented client was dropped off with another worker at a residential property with the company's sign out front. The claimant was ordered to clean up the construction debris and was injured while doing so. When the injured worker sought help, he was told by the construction company that he was not an employee, and their insurance company added that he was not on their list of employees, not on their insured's work site and not covered by their policy. When the worker cam to ABRAMS LANDAU, he had received no benefits of any kind.

The injured worker had no documentary evidence other than the owner's business card and a recall of the address where he was injured. The ABRAMS LANDAU team was able to investigate his claim and find out that the residence was owned by the boss's sister, and that indeed, the company's sign had been out front. The injured workers law firm was able to show the Workers Compensation judge that by all appearances, this was indeed one of the company;s work sites, an that the men were hired by the company. Using the legal doctrine of "apparent agency," lawyer Landau was able to convince the comp judge that the claim was indeed meritorious and the judge ordered the construction company's insurer to pay the benefits sought. The construction company thought it could get away with hiring these men and then avoid responsibility if they got hurt. However, the Workers Compensation Commission ruled that the company was indeed responsible for the men it engaged and had working under its direction, regardless of their legal, temporary employment or work status. If you or someone you know has been injured in an on the job accident, e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

Originally posted at InjuryBoard by Doug Landau

Heath Insurance Coverage Shouldn't Be A Deterrent To Rape Reports

Mike Bryant — Sun, 06 Dec 2009 19:51:00 GMT

Interesting series in the Huffington Post last week, which looked into the issue of what happens to women who make certain kinds of medical claims. Spotlighted were the cases of women who, after being raped, needed to go through courses of HIV protection measures or who needed post-traumatic care.

Imagine even having to consider whether to report the brutality of being raped because you might later be denied for a preexisting condition. This is just an almost unthinkable deterrent.

It is the quandary that so many insurance companies profit from. The reason for the ongoing fairy tail that there is a litigation explosion out there. They profit from getting as many people as possible to buy more and more coverage. You never know when you will be sued, get sick, suffer a loss. Alternatively, they scare the heck out of people from ever using their coverage. Rates will go up, I will be denied, and I won't be able to get future care.

Just another reason why the health care debate needs to be about the consumer. That real issues , involving real people have to be at the center of any debate. This is not a time for profits over people. It is also most likely the reason why, just like in auto claims, the insurance companies have gone to the old Delay, Deny, and Defend policy.

Originally posted at InjuryBoard by Mike Bryant

Can the insurance company send investigators out to spy on me ?

Doug Landau — Sun, 06 Dec 2009 18:17:58 GMT

Injured workers call ABRAMS LANDAU, Ltd. all the time asking if the insurance company can spy in them. In a word, "yes." The insurance companies can and will hire investigators to look into your records, question your co-workers and neighbors and conduct surveillance of you and your family members. In any case where the insurance company may have to pay a lot of money for medical care, lost earnings and other expenses, they will readily invest several hundreds or even thousands of dollars to investigate in order to save money later on in the case. Disabled clients of Doug Landau ask, "Can these private investigators follow me, watch my home and talk to my neighbors ?" The answer, unfortunately, is "Yes" to all three questions. That is why it is a good idea to watch what you say, advise your friends, family members and neighbors not to speak to investigators about YOUR case, and to report suspicious behavior to the local authorities.

Virginia has laws against "stalking," and Herndon work injury lawyer Landau advises clients to get truck, van and car license plate numbers, makes and models to describe to the police. In several instances, when insurance investigators came on Landau's clients' private property, they were in violation of trespassing laws. If you, or someone you know is being followed, harassed or stalked by an insurance investigator, do not shoot them (see yesterday's post), but rather call an experienced workers compensation, disability and injury case lawyer to help you and your family. If you or someone you know has been injured in an on the job accident, e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

Originally posted at InjuryBoard by Doug Landau

The Senate Health Care Debate Continues To Be About Money Instead Of Consumers

Mike Bryant — Sun, 06 Dec 2009 17:05:22 GMT

I've written a number of times about what the issues should be at the heart of the health care debate: making sure more people have insurance, helping businesses that are being crushed by insurance costs, and most importantly, making sure we have good care. Of course, to do these things we have to talk about how to pay for them. But, I've been watching the debate for a week now, and continue to see opposition speakers get up and ignore the consumer. You can't be surprised, considering so many of them have been there for a long time and for the most part never even brought up the health care issue.

Instead it has been a stream of classic Bush/Rove attacks against the lawyers. Today, Sen. Ensign offered an amendment which would limit contingency fees in medical malpractice lawsuits to 33% of the first $150,000 of the total amount recovered by judgment or settlement, and 25% of any amount recovered in excess of the first $150,000 recovered by such judgment or settlement. The amendment also calls for the periodic payment of successful judgments.

Who does this bill help? Less people would be able to bring meritorious claims and the liability insurance companies would save money. Bad doctors could keep making money or at least feel safer in their malpractice work. The defense could spend all the money they want and delay more claims. And when a jury says they are supposed to pay, they get more time and a payment plan to do it. How does this make sense to anyone?

This idea doesn't even directly save the system money. The proponents argue indirect savings, but every such argument has been shown to be inaccurate:

Saving through the reduction of defensive medicine:

Tort Reformers Ask: "What? You asked for an X-ray!" Bah! Humbug!,Steve Lombardi, October 19, 2009 10:14 AM

Saving of reduced junk law suits:

I sn't Tort Reform Only About Frivolous Cases?, Wayne Parsons , October 25, 2009 2:08 PM

Savings through better care:

Health care Reform Must Put Patients First Because Medical Errors Happen All Too Often, Christopher Nace, November 16, 2009 10:00 AM

The shining example of Texas:

Straight Talk on Tort Reform from Texas, Bret Hanna , November 23, 2009 11:20 PM

The contingent fee system is only way that many Americans have any chance of being allowed the "key to the courtroom." People who have already suffered an injury, have medical bills and no income can only fight when they have the backing and support to do so. It is a protection that helps fulfill the basics of the 7th Amendments and protects vital consumer protections.

93,000 people die each year from medical errors. This amendment does nothing to make things safer. It does nothing to insure people have a remedy when wronged. Most of all it does nothing to deal with the real issues of the health care debate.

When the amendment comes up this afternoon, it needs to be stopped.

Originally posted at InjuryBoard by Mike Bryant

Weather, Speed, And Holiday Cheer: Time To Be Extra Safe On The Roads

Mike Bryant — Sun, 06 Dec 2009 10:26:41 GMT

The first week in December has again seen an increase in highway deaths. Hopefully, this isn't a sign of what is coming for the rest of the month. It is important with so many people rushing around and holiday parties starting up, that we all keep a little better look out.

Saturday night, a truck went the wrong way on the 49th Ave. Ramp on I-94 and hit a mini van head on. A passenger in the van lost her eight month old unborn child. She and her 10 year-old son are in critical condition, and four other children, ages three to nine, were also hurt. The truck driver is suspected of being drunk according to the Minnesota Sate Patrol.
Friday afternoon, a 23-year-old Watkins man died when his 1996 Saturn was hit by a 1995 Jeep Cherokee in Meeker county. The jeep failed to yield at 642nd Avenue and 365th Street in Forrest Prairie Township, according to the Meeker County Sheriff’s Office.
Thursday afternoon, A pickup truck and sedan collided at the intersection of County Road 45 and County Road 9 in Farden Township , according to the Hubbard County Sheriff's Office. The driver of the pickup truck and a passenger in the car were each ejected. Both were pronounced dead on the scene. The Hubbard County Sheriff's Office is still investigating the accident.
Tuesday afternoon, a 78 year old Roseville woman died in a seven car chain-reaction crash on County Road C at Snelling Avenue. Six eastbound vehicles were at a red light on County Road C when a westbound minivan hit the woman's vehicle at high speed, pushing it into the next vehicle and so on, the Roseville police said.

The 2009 numbers have continued to drop. Weeks like this still cause concern. With the holidays and winter type conditions, hopefully people will be careful. More will be found out over the coming weeks as to the causes of each of these collisions, so it's to early to tell if the common causes of speed and alcohol were involved in any of the incidents. In all of these cases sorrow for the families of those involved goes out.

As with any death in a Minnesota motor vehicle collision, there are many issues that will need to be reviewed. My partner, Joe Crumley, addressed this topic in a recent article for the Minnesota Lawyers Trial magazine. I was interviewed on the same topic.

Originally posted at InjuryBoard by Mike Bryant

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