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Friday, December 21, 2007
Insurance Companies Should Not Be Making Medical Decisions
By Mark Schofield, Attorney at Law
“To make health care more affordable and accessible, we must pass medical liability reform now. And in all we do to improve health care in America, we will make sure that health decisions are made by doctors and patients, not by bureaucrats in Washington, D.C”
-President George W. Bush, Acceptance Speech to the Republican National Convention, September 2, 2004.
Proponents of medical malpractice reform, or “tort reform” as it has become commonly known, argue that medical malpractice lawsuits, and “Plaintiff attorneys,” are to blame for the current state of disrepair in the American Health System. These proponents argue that by passing medical liability reform, they will create a system where doctors and patients make health decisions, not bureaucrats in Washington.
Everyone believes that medical decisions are best made by doctors and their patients, however, it isn’t “bureaucrats in Washington” that stand in the way, rather, it’s often the insurance company and their accountants. Consider the story of Natalee Sarkisian.
Ms. Sarkisian, a 17 year old California teenager battling leukemia. She had received a bone marrow transplant from her brother, however, she developed a complication which led to liver failure. Her doctors at the University of California – Los Angeles determined that she needed a liver transplant, and sent a letter to CIGNA Healthcare on December 11. CIGNA Healthcare provided health insurance for Ms. Sarkisian.
CIGNA denied payment for the procedure, terming it too “experimental.”
On Thursday, December 21, 2007, around 150 individuals, including members of Ms. Sarkisian’s family, friends and some nurses who attended to her, protested this decision at CIGNA’s Glendale office. Hours later, in an e-mail statement CIGNA reversed its decision. “CIGNA HealthCare has decided to make an exception in this rare and unusual case and we will provide coverage should she proceed with the requested liver transplant.”
Unfortunately, the decision was not made in time. Ms. Sarkisian passed away at 6 p.m. on Thursday, December 21, 2007.
Medical decisions should be made by doctors and their patients. They should not be overruled by insurance companies more concerned about a bottom line. Our team of medical malpractice lawyers fight for patient rights and hold insurance companies accountable for the decisions that they make.
http://www.nbc10.com/health/14903904/detail.html?dl=mainclick
“To make health care more affordable and accessible, we must pass medical liability reform now. And in all we do to improve health care in America, we will make sure that health decisions are made by doctors and patients, not by bureaucrats in Washington, D.C”
-President George W. Bush, Acceptance Speech to the Republican National Convention, September 2, 2004.
Proponents of medical malpractice reform, or “tort reform” as it has become commonly known, argue that medical malpractice lawsuits, and “Plaintiff attorneys,” are to blame for the current state of disrepair in the American Health System. These proponents argue that by passing medical liability reform, they will create a system where doctors and patients make health decisions, not bureaucrats in Washington.
Everyone believes that medical decisions are best made by doctors and their patients, however, it isn’t “bureaucrats in Washington” that stand in the way, rather, it’s often the insurance company and their accountants. Consider the story of Natalee Sarkisian.
Ms. Sarkisian, a 17 year old California teenager battling leukemia. She had received a bone marrow transplant from her brother, however, she developed a complication which led to liver failure. Her doctors at the University of California – Los Angeles determined that she needed a liver transplant, and sent a letter to CIGNA Healthcare on December 11. CIGNA Healthcare provided health insurance for Ms. Sarkisian.
CIGNA denied payment for the procedure, terming it too “experimental.”
On Thursday, December 21, 2007, around 150 individuals, including members of Ms. Sarkisian’s family, friends and some nurses who attended to her, protested this decision at CIGNA’s Glendale office. Hours later, in an e-mail statement CIGNA reversed its decision. “CIGNA HealthCare has decided to make an exception in this rare and unusual case and we will provide coverage should she proceed with the requested liver transplant.”
Unfortunately, the decision was not made in time. Ms. Sarkisian passed away at 6 p.m. on Thursday, December 21, 2007.
Medical decisions should be made by doctors and their patients. They should not be overruled by insurance companies more concerned about a bottom line. Our team of medical malpractice lawyers fight for patient rights and hold insurance companies accountable for the decisions that they make.
http://www.nbc10.com/health/14903904/detail.html?dl=mainclick
Sunday, November 25, 2007
Medtronic Recall Costing Medtronic Millions
The recall of Medtronic's Sprint Fidelis leads is costing Medtronic millions of dollars already. The obvious and immediate cost to the company is due to the fact that medical professionals and the public will lose confidence in the company and stop using their products. It has been reported that the October 15 recall has already had a negative impact on sales of $130 Million Dollars. When heart patients and cardiologists lose confidence in the Medtronic product, they will look at competing products and/or consider foregoing getting a defibrillator.
There will also likely have to be payouts to the thousands of patients who have the defective leads implanted in their heart. We are representing these claimants in these claims against Medtronic. Although the payouts will not occur in 2007, Medtronic and its shareholders are well aware that these payouts will need to be made in the near future. Furthermore, legal fees and attorney fees are already being incurred by Medtronic. Individual Personal Injury Lawsuits have already been filed in Minneapolis and Puerto Rico. There will likely be class action consumer fraud lawsuits as well. A shareholder lawsuit has been filed against Medtronic for witholding information regarding the defects in the United States District Court for Minneapolis.
It seems that Medtronic may have known that the leads were defective well before the October 15, 2007 recall was announced. If this is true, then its deplorable that Medtronic continued to allow doctors to implant the device into patients. The good news is that the legal process will allow us to get to the bottom of what Medtronic knew and when they knew it. The civil justice system allows for discovery of this information through exchange of documents, interrogatories and depositions. The lawyers at Goldberg, Finnegan & Mester will fight to make sure that patients injured as a result of having a defective defibrillator are treated fairly and are adequately compensated for their injuries.
There will also likely have to be payouts to the thousands of patients who have the defective leads implanted in their heart. We are representing these claimants in these claims against Medtronic. Although the payouts will not occur in 2007, Medtronic and its shareholders are well aware that these payouts will need to be made in the near future. Furthermore, legal fees and attorney fees are already being incurred by Medtronic. Individual Personal Injury Lawsuits have already been filed in Minneapolis and Puerto Rico. There will likely be class action consumer fraud lawsuits as well. A shareholder lawsuit has been filed against Medtronic for witholding information regarding the defects in the United States District Court for Minneapolis.
It seems that Medtronic may have known that the leads were defective well before the October 15, 2007 recall was announced. If this is true, then its deplorable that Medtronic continued to allow doctors to implant the device into patients. The good news is that the legal process will allow us to get to the bottom of what Medtronic knew and when they knew it. The civil justice system allows for discovery of this information through exchange of documents, interrogatories and depositions. The lawyers at Goldberg, Finnegan & Mester will fight to make sure that patients injured as a result of having a defective defibrillator are treated fairly and are adequately compensated for their injuries.
Friday, November 23, 2007
Helping the Uninsured--New Maryland Law is a Step in the Right Direction
The Maryland General Assembly passed a new law that will provide health insurance by expanding Medicaid to about 140,000 Maryland residents who were previously uninsured. This is a huge step in the right direction. It is estimated that about 14% of Maryland residents do not have health insurance. While this new law only provides coverage to a fraction of these people, it is a step in the right direction and it shows that the O'Malley Administration and the Maryland legislature are aware of the problem and are actively taking steps to address it. Of course the bill was opposed by big business groups. This is no surprise. The bill can be seen at: http://mlis.state.md.us/2007s1/bills/sb/sb0006e.pdf
Many of our clients do not have health insurance and this is a true tragedy. These people are unable to get regular checkups (and necessary medications), and when they do get sick or have an injury that requires them to go to the hospital emergency room, they are financially wiped out by the bills. We fight for the uninsured. If people without health insurance are injured as a result of someone else's neglgigence, we pursue legal claims against those repsonsible so as to make sure that our clients can get the care that they need, and pay for the care without becoming financially devastated. We work with many medical providers who agree to provide care to our injured clients with the understanding that they will not get paid until the legal case is resolved.
If you or your family members have been injured in an accident that was not your fault, call us for a free telephone consultation at 301-589-2999.
Many of our clients do not have health insurance and this is a true tragedy. These people are unable to get regular checkups (and necessary medications), and when they do get sick or have an injury that requires them to go to the hospital emergency room, they are financially wiped out by the bills. We fight for the uninsured. If people without health insurance are injured as a result of someone else's neglgigence, we pursue legal claims against those repsonsible so as to make sure that our clients can get the care that they need, and pay for the care without becoming financially devastated. We work with many medical providers who agree to provide care to our injured clients with the understanding that they will not get paid until the legal case is resolved.
If you or your family members have been injured in an accident that was not your fault, call us for a free telephone consultation at 301-589-2999.
Thursday, November 22, 2007
Medtronic Sprint Fidelis Lead Recall
Medtronic recalled the Sprint Fidelis leads that connect defibrillators to the heart. There are approximately 235,000 patients in the United States who have cardiac heart defibrillators with these recalled leads. Our law firm is representing these individuals in claims against Medtronic. Call us at 888-213-8140 for a free telephone consultation.
Some people with the Sprint Fidelis leads have already had serious complications, and for those individuals, the damages that they have suffered are obvious. Many have had unnecessary shocks and have actually had to have their leads replaced. For other individuals with the fractured Sprint Fidelis leads, their heart defibrillator will not work as it is supposed to, and it will fail to save their life. These people could suffer a heart attack that would not have occurred if the defective leads were not implanted. We believe that even individuals who have not yet had any complications who have the Sprint Fidelis leads have a legal claim against Medtronic as well (they have a defective product that has been recalled attached to their heart, and nobody knows how the defective leads will hold up over time).
The recalled model numbers are: 6930, 6931, 6948 and 6949.
If you or one of your loved ones has a defibrillator call 888-213-8140 for a free telephone consultation.
Some people with the Sprint Fidelis leads have already had serious complications, and for those individuals, the damages that they have suffered are obvious. Many have had unnecessary shocks and have actually had to have their leads replaced. For other individuals with the fractured Sprint Fidelis leads, their heart defibrillator will not work as it is supposed to, and it will fail to save their life. These people could suffer a heart attack that would not have occurred if the defective leads were not implanted. We believe that even individuals who have not yet had any complications who have the Sprint Fidelis leads have a legal claim against Medtronic as well (they have a defective product that has been recalled attached to their heart, and nobody knows how the defective leads will hold up over time).
The recalled model numbers are: 6930, 6931, 6948 and 6949.
If you or one of your loved ones has a defibrillator call 888-213-8140 for a free telephone consultation.
Thursday, October 4, 2007
$5.9 Million Dollar Verdict Upheld On Appeal for Client Suffering from Neurogenic Bowel and Bladder
I am happy to report that one of my medical negligence verdicts was upheld on appeal recently. The District of Columbia Court of Appeals affirmed my and my former partner Ken Suggs’s verdict of $5.9 million dollars that we obtained on behalf of a woman and her husband where the health care providers failed to treat a blood clot compressing her spinal cord until it was too late. Mrs. Ford now suffers from an inability to control her bowels and bladder, known as neurogenic bowel and bladder. On the first issue presented, the appellate court stated, “[t]hat Dr. Dennis too may have been negligent in failing to order prompt surgery even without confirmation of the CT scan by an MRI, as the jury found, did not nullify the Hospital’s fault in not timely conducting the test he had ordered.” On the second issue presented relating to the verdict in the amount of almost $1 million dollars for the husband’s loss of consortium claim, the appellate court stated “[t]he injuries to Mrs. Ford were well documented in the testimony, and it would have required little imagination for the jury to evaluate the effect of that condition upon her relations with her husband.”
I cannot be happier for my clients, who are now able to collect on this judgment, plus the interest from the time of the verdict to present. When Ken and I called them to let them know of the appellate decision, it was quite a joyous telephone call. We obtained this verdict in May 2005. The defendant first filed post-trial motions, which the trial court denied. The defendant then noted his appeal, and the trial court’s and jury’s decisions were affirmed. Our clients finally now have some closure of their medical malpractice legal battle, and can try to move on with their lives in the best way they can. The monetary verdict of this jury of their peers can go a long way in assisting Mrs. Ford with round-the-clock caretakers and other care needs that she so desperately requires.
Christian Mester
Goldberg, Finnegan & Mester, LLC
(301) 589-2999 extension 125
If you or a loved one have been injured, make sure you are aware of your rights. Contact the lawyers at Goldberg, Finnegan & Mester, LLC toll free at 1-888-213-8140 for a free initial consultation.
I cannot be happier for my clients, who are now able to collect on this judgment, plus the interest from the time of the verdict to present. When Ken and I called them to let them know of the appellate decision, it was quite a joyous telephone call. We obtained this verdict in May 2005. The defendant first filed post-trial motions, which the trial court denied. The defendant then noted his appeal, and the trial court’s and jury’s decisions were affirmed. Our clients finally now have some closure of their medical malpractice legal battle, and can try to move on with their lives in the best way they can. The monetary verdict of this jury of their peers can go a long way in assisting Mrs. Ford with round-the-clock caretakers and other care needs that she so desperately requires.
Christian Mester
Goldberg, Finnegan & Mester, LLC
(301) 589-2999 extension 125
If you or a loved one have been injured, make sure you are aware of your rights. Contact the lawyers at Goldberg, Finnegan & Mester, LLC toll free at 1-888-213-8140 for a free initial consultation.
Saturday, September 29, 2007
Environmental Toxic Tort in Anne Arundel County, Maryland (Gambrills)
The Washington Post reported that Constellation Energy had dumped pollutants (Cadmium and Thallium) from its Glen Burnie Maryland plant in Anne Arundel County Maryland's Gambrills neighborhood for years causing metals to leach into the groundwater and leaving residents with an unsafe water supply. This is unacceptable and maddening. If this is true, not only does it pose a tremendous health risk to the residents of Gambrills Greenleaf, but it also has a negative impact on property values (who would buy a house knowing that the ground water may be contaminated?). It would be another example of a big corporation putting profitability over safety.
There is no mention of any attorney representing the residents of Gambrills, and I am concerned that because Constellation Enegery is saying all the right things and giving the residents free bottled water, that the residents will not take appropriate, necessary and timely action to preserve their rights. The residents need to unite and hire environmental engineers and other experts to conduct surveys and studies immeidatley. What if the pollutants are found to cause birth defects? What if residents develop cancer because of the pollutants? The law imposes deadlines on bringing legal claims (typically called the statute of limitations) and if the Greenleaf residents do not act promptly, they could lose certain rights.
It is probable that corporate executives, risk management folk, and insurance companies that may have exposure for this disaster met and came up with a public relations strategy that will minimize their exposure and responsibility for this disaster. They may have determined that if we give these residents free bottled water and offer to fix some of their wells, then perhaps the residents will sit on their rights and fail to hire counsel and/or appropriate experts.
The affected Anne Arundel County, Maryland and Fort Meade residents are inconvenienced by having to use bottled water and take shorther showers, but more importantly, they may be exposed to toxic chemicals and other pollutants that may cause cancer, birth defects, kidney disease and possibly other unknown health risks. They deserve to be compensated for any proven injuries, emotional distress, inconvenience, medical monitoring, and the lost values of their real estate.
Legal theories that could be used in a case against those responsible for the pollution of their ground water supply include causes of action for negligence, trespass, nuisance and possibly fraud.
The attorneys at Goldberg, Finnegan & Mester, LLC fight for the rights of citizens against insurance companies. Call (301) 589-2999 x102 for a free consultation.
There is no mention of any attorney representing the residents of Gambrills, and I am concerned that because Constellation Enegery is saying all the right things and giving the residents free bottled water, that the residents will not take appropriate, necessary and timely action to preserve their rights. The residents need to unite and hire environmental engineers and other experts to conduct surveys and studies immeidatley. What if the pollutants are found to cause birth defects? What if residents develop cancer because of the pollutants? The law imposes deadlines on bringing legal claims (typically called the statute of limitations) and if the Greenleaf residents do not act promptly, they could lose certain rights.
It is probable that corporate executives, risk management folk, and insurance companies that may have exposure for this disaster met and came up with a public relations strategy that will minimize their exposure and responsibility for this disaster. They may have determined that if we give these residents free bottled water and offer to fix some of their wells, then perhaps the residents will sit on their rights and fail to hire counsel and/or appropriate experts.
The affected Anne Arundel County, Maryland and Fort Meade residents are inconvenienced by having to use bottled water and take shorther showers, but more importantly, they may be exposed to toxic chemicals and other pollutants that may cause cancer, birth defects, kidney disease and possibly other unknown health risks. They deserve to be compensated for any proven injuries, emotional distress, inconvenience, medical monitoring, and the lost values of their real estate.
Legal theories that could be used in a case against those responsible for the pollution of their ground water supply include causes of action for negligence, trespass, nuisance and possibly fraud.
The attorneys at Goldberg, Finnegan & Mester, LLC fight for the rights of citizens against insurance companies. Call (301) 589-2999 x102 for a free consultation.
Friday, September 21, 2007
Good Verdict in Prince George's County
Yesterday I was at a trial lawyer event in Columbia Maryland and I learned about a great jury trial verdict that one of my colleagues got in P.G. County, Maryland. His client was injured in a car accident that was the result of the negligence of a Prince George's County Police Officer. The injuries were not catastrophic, but were run of the mill injuries that occur in car accidents. The medical bills were less than $10,000.00. The PG County Attorney apparently refused to make a settlement offer in the case. My trial lawyer friend and the defense attorney stipulated to the medical records and bills coming into evidence without live expert testimony. This allowed the case to be presented to the jury in an economical way. I must say though, that I usually prefer to present live expert testimony in jury trials.
In any event, the jury returned with a verdict of $95,000.00! This is a great result for my colleague and his client; as it is much more than the presumed settlement value of the case would have been. It is a reminder that jury trials are risky for both sides, and anything can happen. At our firm we like to think that we know which cases should be brought to trial, and which cases should be settled. Of course if the defense attorney makes a "zero offer" --then the decision is easy---the case will go to trial! Ultimately though, the decsiion of whether to settle or go to trial is the clients to make because at trial, anything can happen.
In any event, the jury returned with a verdict of $95,000.00! This is a great result for my colleague and his client; as it is much more than the presumed settlement value of the case would have been. It is a reminder that jury trials are risky for both sides, and anything can happen. At our firm we like to think that we know which cases should be brought to trial, and which cases should be settled. Of course if the defense attorney makes a "zero offer" --then the decision is easy---the case will go to trial! Ultimately though, the decsiion of whether to settle or go to trial is the clients to make because at trial, anything can happen.
Sunday, September 16, 2007
Dangerous Toys-Lead Paint and Choking Hazards
Mattel recently issued at least three toy recalls relating to toys that have excessive amounts of lead paint on them and toys that are choking hazards. These recalls are done with the Consumer Product Safety Commission and the manufacturers of these toys. According to MSNBC about 9 million items have been recalled. The scary thing is that the toys recalled are some of the most popular toys out there. The dangerous toys that may be subject to the recall include: (i) Sesame Street toys including Elmo and Big Bird (ii) Barbie toys, (iii) Dora the Explorer Toys, (iv) Batman Toys, (v) Bongo Band Toys and (vi) Sarge Toys (there are many others as well).
I have a two year old and have noticed that many of these dangerous toys are lurking in my house. It is inexcusable that the U.S. toy industry allowed this to happen and have spewed these dangerous toys into the marketplace. The recalls, while better than nothing, will not prevent many children from being exposed to these dangerous products, and I fear that there will be catastrophic injuries and deaths as as result of this fiasco.
Lead paint is very toxic to children and it causes permanent brain damage, learning disabilities and neuropsychological injuries. It is important that if you believe your child has been exposed to lead paint that you get your child tested because the effects of exposure may not be immediately noticeable.
The hazard with other toys is that there are magnets in the toys that can become choking hazards. If a child were to somehow swallow two of the magnets, it can cause severe internal injuries including organ lacerations.
If your child has been injured or killed by a dangerous toy, the attorneys at our law firm may be able to help you. Also, if you belive that your child has been exposed to dangerous levels of lead paint, and if that exposure caused brain damage, we may be able to help as well. We will fight to hold those responsible for letting these dangerous prouducts get into the marketplace accountable. Call us toll free at 888-213-8140 for a free telephone consultation.
I have a two year old and have noticed that many of these dangerous toys are lurking in my house. It is inexcusable that the U.S. toy industry allowed this to happen and have spewed these dangerous toys into the marketplace. The recalls, while better than nothing, will not prevent many children from being exposed to these dangerous products, and I fear that there will be catastrophic injuries and deaths as as result of this fiasco.
Lead paint is very toxic to children and it causes permanent brain damage, learning disabilities and neuropsychological injuries. It is important that if you believe your child has been exposed to lead paint that you get your child tested because the effects of exposure may not be immediately noticeable.
The hazard with other toys is that there are magnets in the toys that can become choking hazards. If a child were to somehow swallow two of the magnets, it can cause severe internal injuries including organ lacerations.
If your child has been injured or killed by a dangerous toy, the attorneys at our law firm may be able to help you. Also, if you belive that your child has been exposed to dangerous levels of lead paint, and if that exposure caused brain damage, we may be able to help as well. We will fight to hold those responsible for letting these dangerous prouducts get into the marketplace accountable. Call us toll free at 888-213-8140 for a free telephone consultation.
Saturday, September 15, 2007
$68 Million Dollar Dividend Proves There is Not a Medical Malpractice Crisis In Maryland
Maryland's Insurance Commissioner, Ralph Tyler, recently issued an order blocking Medical Mutual Liability Insurance Society's plan to give its doctors a substantial rebate. Medical Mutual, which is the main liability insurance company that provides medical malpractice coverage to most Maryland medical doctors, recently declared a dividend of $68 Million Dollars. It is curious and disturbing that every year (even in 2006) the insurance lobby presents tort reform legislation to the Maryland Legislature that if passed, takes away the rights of victims of medical negligence and other accident victims. Yet at the same time, the insurance company has an extra $68 Million Dollars on hand to rebate to their insureds. Mr. Tyler is holding a hearing on October 5 to determine the portion of the $68 Million that should be returned to the State of Maryland since the State subsidizes medical malpractice premiums for doctors.
The attorneys at Goldberg, Finnegan & Mester, LLC fight hard on behalf of victims of medical negligence and families of children with cerebal palsey or brain damage to be sure that their right to their day in Court is preserved.
The attorneys at Goldberg, Finnegan & Mester, LLC fight hard on behalf of victims of medical negligence and families of children with cerebal palsey or brain damage to be sure that their right to their day in Court is preserved.
Tuesday, September 11, 2007
Maryland Car Accidents
If you have been in a Maryland car accident, there is good news and bad news. The good news is that if you are insured by a Maryland insurance policy, you probably have at least $2,500.00 in PIP coverage (aka "personal injury protection" coverage). This is no fault insurance, and it will cover your medical bills and/or a portion of your lost wages. The PIP money is collectable from your own insurance company and it is in addition to what you can collect from the other driver's insurance company if you are not at fault for the accident. Maryland car accident victims can often get paid twice for the medical bills and lost wages: once from their own PIP coverage and again from the at fault driver's insurance company.
The bad news is that Maryland is a pure contributory negligence state. That means that if you are found to be even one percent at fault, then you are completely barred from recovering from the other driver even if the other driver is 99% at fault.
The attorneys at Goldberg, Finnegan & Mester will help you maximize your financial recovery and will fight for you to get what you deserve. Call us at (301) 589-2999 x102 for a free telephone consultation.
The bad news is that Maryland is a pure contributory negligence state. That means that if you are found to be even one percent at fault, then you are completely barred from recovering from the other driver even if the other driver is 99% at fault.
The attorneys at Goldberg, Finnegan & Mester will help you maximize your financial recovery and will fight for you to get what you deserve. Call us at (301) 589-2999 x102 for a free telephone consultation.
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