National news sources such as USA Today have been reporting on a new study issued by the United States Justice Department of Justice that claims that police brutality incidents have been on the rise since the terrorist attacks of September 11, 2001.

Compared to the previous seven-year period, the period from 2001 to 2007 exhibited a rise of 25% of police brutality incidents, with a rise in convictions of police officers for use of excessive force of 53% (the report was obviously intended to tout its own successes in prosecution).

Nowhere is this more evident than in the nation’s arguable police brutality epicenter, Chicago.  With 40% more complaints of police brutality and misconduct than the national average, Chicago has garnered an infamous reputation for police brutality from a public that is becoming increasingly more suspicious of individuals in uniform.

In one of the most clear-cut cases of insurance fraud possibly ever, a Los Angeles doctor has pleaded guilty to running a scam that’s being called “rent-a-patient.” It’s not officially medical malpractice, but it is illegal.

Mamdouh S. Bahna of Bel Air allegedly paid patients to undergo unnecessary procedures so that he could bill insurance companies.  Examples of the surgeries that he would perform include colonoscopies and something called a “sweaty-palm” surgery.  (Surgery always makes my palms sweat, so I’m still waiting for another distinction.)

The lawyers prosecuting the case allege that Bahna defrauded his insurance companies out of $1 million.  As a result of his guilty plea, he’ll be put in jail for 58 months and have to pay a $150K fine.

Check out Total Injury for more about insurance companies and the clever and not so clever perpetrators of fraud against them.

Rhode Island Hospital was recently fined $50,000 by the State Department of Health and reprimanded for reports that a doctor at the hospital operated on the wrong side of a patient’s brain during a brain surgery procedure. 

The reason for the fine?  It’s the THIRD time this year that this mistake has happened at this hospital.  Remarkably, all three wrong-side brain operations were performed by different doctors.  At this point, the latest patient to be mistakenly operated upon is okay, as was the first victim of the botched operation.

However, the second patient tragically died as a result of the surgery in August of this year.  That prompted an investigation into the hospital procedures, which apparently did not correct the problem.

Let’s hope the doctors at Rhode Island Hospital have learned their lesson and we won’t have to read in the coming months of a fourth flipped surgery victim. These types of actions often lead to medical malpractice lawsuits.

Let the following be a lesson to those who, like many of us, have employee health insurance through their employers.  If you seek compensation in a personal injury case, as is your right, you may have to reimburse the insurance company if they covered any of your medical bills after the personal injury, under a common process called “subrogation.”

The point of subrogation is to avoid having medical bills paid for twice, once by the insurance company, and then by a defendant who is ordered to pay for medical bills as part of a verdict or settlement of a personal injury case.  However, in practice, it can seem like another way for a personal injury victim to be victimized, this time by their insurance company.

As the Wall Street Journal reports, 52-year-old Deborah Shank was involved in a semi tractor trailer accident seven years ago, which left her with permanent brain damage and confined to a wheelchair.  As part of a settlement with the trucking company, she and her husband received $700,000 to pay for her medical care.

At the time of the accident, Shank was an employee of Walmart, and received their healthcare coverage for medical expenses following the accident.  Whether she knew it or not, a subrogation clause was part of her Walmart health insurance, and after paying out $470,000 for medical coverage, the insurance company aimed to get back the money.

After legal fees and other expenses, the Shanks were left with $417,000, which they set up in a medical expenses fund.  However, Walmart sued them for the money, and though they appealed an initial verdict in Walmart’s favor, the Shanks eventually lost the case as well as the money.

What makes it particularly difficult for them is that the money left over from the settlement would not have been enough to pay her medical costs in the first place.  Thus, rather than fairly paying back money for medical expenses that Walmart covered, in their case it was closer to being taken for all they had by Walmart’s insurance plan.

Walmart, of course, was perfectly within its legal right, and pursued subrogation to restore funds back to its insurance coverage for the entire employee pool.  However, in this case, the fine print made the Shanks feel more betrayed than compensated when they won their personal injury case.

Pharmaceutical Company Merck & Co. announced an “agreement” of $4.85 billion for pending personal injury suits concerning complications from the arthritis painkiller VIOXX, according to the Associated Press. The decision comes as a surprise to many, since Merck officials announced as recently as last month that the company planned to argue each case individually in court.

The agreement will become official if 85% of the plaintiffs in about 26,000 defective drug lawsuits (including 265 class action suits) agree to drop their cases and accept financial compensation.

VIOXX, released in 1999, was wildly popular as a pain reliever for sufferers of arthritis. Merck shocked the country by removing the drug from the market in late 2004, while it was still in its heyday, because of scientific evidence that the drug doubled the risk of heart attack and stroke.

Though Merck maintained that VIOXX was only potentially harmful to those who had used it for more than 18 months, scientists generally dismissed this claim. An estimated 80,000-140,000 heart attacks and strokes have been attributed to the drug, some of which were fatal.

To qualify for receiving settlement money, claimants must have filed their cases by November 8^th  and have proof that they ingested at least 30 pills, that they suffered a heart attack or stroke, and that they began taking the pills at least two weeks prior to the injury. Individual payments will depend on severity of injury and length of time the drug was used.

A defense attorney on the case is reportedly pleased with the decision, which he believes is the largest in the history of the industry. Merck is apparently emphasizing that this is not a class action settlement, but an “agreement,” a distinction which allows the company to admit no fault.

Early predictions suggested that Merck could face $50 billion dollars in legal costs if it chose to argue all the cases pending.

It’s been fifteen years, and I’m still miffed.

It’s not the distortion of the case that dominated the news media that bothers me so much.  It’s not even the highly paid insurance lobbyists who worked so hard to paint that inaccurate picture.

It’s that they got away with it.

Every once in a while, I’m reminded of that, and it comes as a surprise every time.  This week, I was reminded when a colleague mentioned the McDonald’s coffee personal injury case in conjunction with the recent case of the man who filed a multi-million dollar lawsuit because the cleaners lost his pants.  Others joined in.  Others joined in.  Here’s what I discovered they DIDN’T KNOW about the McDonald’s coffee case:

• The plaintiff ultimately received $640,000, not millions.  Yes, the jury originally awarded her millions of dollars–and did so intentionally, because the damages were punitive and they knew that McDonald’s, which raked in about $1.3 million a DAY in coffee sales alone, wouldn’t be fazed by anything less.  From that perspective, the initial award hardly seems excessive, but if you think it was excessive, guess what?  The SYSTEM WORKED and the verdict was reduced!
• The plaintiff sustained third degree burns over 16% of her body, including her genital area.  What exactly IS the appropriate compensation for undergoing skin grafts on your privates? 
• The plaintiff originally offered to settle with McDonald’s for $20,000–a number barely in excess of her original medical bills.  Had McDonald’s opted to simply pay the woman’s medical bills, no jury would ever have had the opportunity to award her millions of dollars.
• McDonald’s coffee was customarily served about 40 degrees hotter than coffee at other restaurants.  While most restaurants served coffee at between 135 and 140 degree Fahrenheit, McDonald’s served coffee at between 180 and 190 degrees–and admitted at trial that the company knew that a burn hazard existed for any food served at above 140 degrees and that coffee could not be consumed at that temperature.
• During the previous ten years, McDonald’s had received at least 700 other complaints about customers being burned by coffee.  These complaints included other cases in which customers had sustained third degree burns.
• The plaintiff was NOT driving.  While news reports at the time frequently asserted a sort of “it’s your own dumb fault” argument based on the idea that the plaintiff had been driving at the time of the spill, the evidence at trial established that she was a passenger in the vehicle AND that the vehicle was not moving at the time of the spill.

This list could go on, but the case is readily available for review for anyone who wants to understand the full details.  Sadly, that seems to be a very small pool of people, given that 15 years have passed and the momentary spin created by a very well-compensated team of public relations professionals and lobbyists working on behalf of the insurance industry still stands as “common knowledge”.

As news outlets have been reporting over the past few weeks, the dioceses of the Catholic church in Seattle, Louisville and Kansas City have reached settlements to resolve sexual abuse lawsuits filed by parishioners or former parishioners.  These are of course just the latest in a serious of ongoing settlements over alleged sexual abuse of young people by Catholic priests.

The Seattle Archdiocese has announced a settlement of $380,000 with two unnamed plaintiffs who claim they were molested by two priests, now deceased.  The settlement includes $270,000 to one man whose initials were given as M.P., $110,000 to another, initialed J.P.

The Kansas City diocese paid a $225,000 settlement to Frank Scheuring from Independence, Missouri, who alleged that a priest began abusing him when he disclosed in confessional that a neighbor was abusing him.

Many lawsuits against other dioceses feature more plaintiffs and substantially higher sums of money.  Previously, the Pittsburgh archdiocese reached a $1.25 million settlement with 32 victims, the San Diego archdiocese paid out $198.1 million to 144 victims, and the Los Angeles archdiocese paid out a whopping $764 million.

More recently, the Louisville, Kentucky archdiocese agreed to pay $25.7 million to 243 people who alleged that they were sexual abuse victims, and 11 of the personal injury lawsuits were against retired Monsignor Robert Bowling.  One of the plaintiffs is a woman who accused Bowling of molesting her while she was pregnant and in the hospital.  This settlement is the largest of its kind in Kentucky.

After much debate and its sunset on October 1st, Florida’s personal injury protection (PIP) law requiring all drivers to have PIP coverage on their car insurance was brought back to life yesterday. Florida Governor Charlie Crist signed the PIP legislation on Thursday morning and finally resolved, at least for the moment, what had been one of the most pressing personal injury issues in the state this year.

Under its old law, Florida required drivers to carry PIP, which essentially covered up to $10,000 of medical expenses sustained in car accidents, regardless of who was at fault for the injuries. This no-fault law had sparked much debate between auto insurance companies and health care specialists.

Auto insurance companies had claimed that the old PIP system was wrought with fraud and that consumers would ultimately be the ones who’d suffer with higher car insurance rates. Doctors and health care providers challenged these claims, saying that the auto insurance companies were merely trying to pass on their costs to another sector.

Legislators could not come to an agreement on the Florida PIP law, which ceased to be at the beginning of this month. However, at Crist’s urging, the legislators came to a quick proposal on Florida PIP in a special legislative session.  

The new law will not only reinstate Florida’s PIP law on January 1st of next year but also try to curtail instances of PIP fraud. With that said, Florida drivers involved in car accidents could be subject to a tort system establishing fault for the rest of the year.

 There are roughly 700 car accidents in Florida each day, and as many as 300,000 PIP policies could expire before January. Florida motorists are urged to contact their insurance coverage agent with any questions about PIP in the meantime.

Mark Contois has launched a campaign for safety in a “sport” he has never played. Mark and Colette Contois’ 10-year-son asked if he could play paintball with his friends. After researching the safety of the “sport,” the Contois’ said “yes.” According to the New York Times, a player inadvertently detached a valve, launching his gun’s carbon-dioxide-filled cylinder as an unguided missile. The cylinder struck Ms. Contois, who was watching from a picnic area, in the back of her head, killing her.

Mark Contois won $8 million in a lawsuit against the valve’s manufacturer and distributors of the valve and cylinder, according to the product liability suit. Now, he is working to increase safety for paintballers. Thanks, in part, to Contois’ campaign, manufacturers are working to improve the valves and cylinders used to fire paintballs at players.

Paintball was started in New Hampshire in the 1970s, by two friends holding a duel using dye-capsule pistols developed for foresters to mark trees for cutting. Since that time, masks and protective vests and gloves have been developed to protect players from serious injury. 

Who would have thought that playing war could be dangerous? Jeff Weaver, owner of the facility where Ms. Contois was killed, has closed his paintball park, saying “I pretty much lost heart for the whole thing.”

A federal jury in New York city has found Isiah Thomas, Madison Square Garden, and its chairman, James Dolan, guilty of sexual harassment and creating a hostile working environment from a discrimination lawsuit filed by former MSG employee Anucha Browne Sanders.  As a result, Browne Sanderse will receive $11.6 million in punitive damages.

In the personal injury lawsuit, Browne Sanders alleges that Thomas, the head coach of the New York Knicks professional basketball team, sexually harassed her and that she was fired from the corporation for complaining about Thomas’ unwelcome advances.

In their defense, lawyers for MSG and Thomas claimed that Browne Sanders was fired for incompetence, and her dismissal had nothing to do with any kind of retaliation for complaining.

Certainly, Thomas’ case was not helped by testimony offered by MSG employees, including Knicks’ guard Stephon Marbury, which portrayed the administrative offices as a center for lewd and inappropriate activity.  Marbury, for instance, testified that he had engaged in sexual relations with an intern after a company outing to a strip club in 2005.

The jury awarded Browne Sanders a total amount of $11.6 million, including $6 million for the hostile working environment created at MSG and $5.6 million for the unlawful firing.  Dolan is responsible for $3 million of the total, and MSG with the rest.

Though the jury found in favor of Browne Sanders, Thomas was not found liable for punitive damages himself.

The jury will decide compensatory damages, meaning compensation for back pay and benefits, at a later date.

The New England Patriots were caught cheating in the first week of the 2007 season. Now, Newsday reports that a New Jersey man is suing the Patriots and head coach Bill Belichick for more that $184 million.

The Patriots were caught “illegally” videotaping the Jets’ defensive signals. The NFL has already fined Belichick $500,000, fined the team $250,000, and stripped the team of a first round draft choice next year for violating the “integrity of the game.”

Attorneys Carl Mayer and Bruce Afron are suing for damages as part of a class-action suit over what they call the Patriots’ history of cheating during Jets-Patriots games.

Gentlemen ….. Good luck.

A Los Angeles Superior Court judge did not approve a motion filed by the lawyers of Lindsay Lohan to dismiss part of the lawsuit filed against her by a man who was involved in an auto accident with Lohan in October 2005.

The lawyers for Raymundo Ortega included as part of the personal injury lawsuit against Lohan a statement that they had reason to believe the singer/actress had been drinking at the time of the accident, and fled the scene to hide in a retail store after it occurred.  One piece of evidence they offered was the fact that Lohan was admitted into rehab shortly after the incident.

Lohan’s lawyers countered that the lawsuit lacked legal sufficiency, that Ortega’s inclusion of the assertion that Lohan was “tipsy” at the time of the accident is just an attempt to be “inflammatory” and get her to settle, but Judge Michael L. Stern rejected their motion and set the court date for April 7.

Although California Highway Patrol officers determined that Ortega had caused the accident while executing an illegal U-turn, Ortega is demanding $200,000 from Lohan to compensate for injuries sustained during the accident, in which he was knocked unconscious.  He claims that she was negligent when she ran away and hid, leaving him unconscious, as well as in driving while intoxicated.

Lohan is currently in rehab in Utah, where it is reported that she must complete a county coroner program which includes visiting the morgue and talking to victims of DUI and drunk driving.

A man from Mobile, AL, who was arrested in the summer of 2005 for making an obscene gesture with his middle finger at a police officer, has recently been awarded a $3,000 settlement by the city.

56-year-old Addison DeBoi pled not guilty to disorderly conduct and was acquitted.  He later sued the city on police abuse grounds because he believed that the officer acted inappropriately and trumped up the charges in order to get DeBoi convicted.

However, before the case could unfold, the story of his arrest and subsequent lawsuit made national news.  On his popular, controversial Fox News Channel show, commentator Bill O’Reilly profiled the case in a segment titled “Is It Legal?”  O’Reilly’s determination: “This is a pinhead judge.”

In the ruling on DeBoi’s case, the Judge Michael McMaken declared that precedent dictates that police officers must have “thicker skin” than a normal citizen.

The city of Mobile is contesting the award, moving for a new trial at a higher court.

In an interesting twist of events in a recent FELA case in Omaha, Nebraska, the jury who was deciding on a verdict for the injured railroad worker only wanted to know one thing before they made their decision: were they allowed to award more than he was asking?

That was good news for 36-year-old Kendall Walsh, who received nearly $2.8 million after seeking $2.3 million in compensation for injuries he sustained as a maintenance crew member replacing railroad ties for Union Pacific Railroad.  The Columbus, Nebraska man was standing near a stacked pile of concrete railroad ties when the pile shifted and one of the 900-pound ties fell and critically injured his right arm. 

Walsh has undergone three surgeries since the accident, but will never regain full grasping ability with his right hand as a result of the injury.  His lawyer successfully argued that Union Pacific was negligent for not stacking the ties with standard wooden dividers that are used to maintain stability.  The personal injury award was made for lost wages, future impairment of earning capacity, pain and suffering and the loss of the victim’s ability to enjoy life.

The suit was made according to the Federal Employers Liability Act (FELA), which was enacted in 1908, as the United States expanded its railroad network, to compensate railroad workers injured on the job.  In FELA cases, as in other workers’ compensation cases, the employee must prove that the railroad company was negligent in any accident; however, FELA cases tend to carry significantly higher compensation awards than those for non-railroad employees under State Worker’s Compensation.

Perhaps even more strange given their insistence on increasing the award, the jury decided that Walsh was 2 percent to blame for the incident.  This knocked $56,000 off of the $2.8 million award.  Still, it’s far better than Walsh was expecting.

Wal-Mart officials said they are asking toy suppliers to submit recent safety documentation or re-test their defective products in response to the wave of recalled products coming from China. The Washington Post reports that the company has instituted a five-step plan to improve the safety of its products, called the Toy Safety Net Program. It has also pledged to work with the Toy Industry Association on new safety standards and help Chinese leaders who are implementing new safety procedures.

About 80 percent of the toys sold in the United States are made in China. Wal-Mart controls about one-third of the toy retail market in the U.S.

Wal-Mart Watch, a watchdog group, said the retailer’s efforts do not go far enough, saying “Wal-Mart’s not addressing the larger problem of why Chinese toy suppliers are cutting corners with lead paint and melamine. It’s because they’re under enormous pressure from buyers like Wal-Mart, and they’re sacrificing child safety to keep costs low.”