JOEL BIEBER'S BLOG

Did You Know?

     Wesley Snipes is in the midst of a trial with the IRS. Apparently, he is arguing to the Court that we should only have to pay taxes on income that is earned abroad. I say "Go Wesley". In the world of tax writeoffs, I did see that the IRS allowed a deduction for clarinet lessons, after it was prescribed by an oral surgeon for the child's overbite.

     I was reminded of a 2004, study done by the Insurance Research Council that found that statistics prove that people that are represented by lawyer in an auto accident, receive 31/2 times more money than those unrepresented. I constantly hear stories from prospective clients that include the kind insurance adjustor, insisting that they don't need to be represented. Isn't that thoughtful of the insurance company?

     USA reports that in 2006, about $570 million in lottery winnings in the US, went unclaimed. Most of them are as a result of small prizes for scratch off tickets but at least 100 winners are for over 100k. Maybe they are just waiting to see how the Snipes trial turns out.

     When I start to blog, sometimes I can't help but just to keep writing the mundane. However, here's a shocker. Bottom Line magazine reports that the more entertaining a TV program is, the more likely you are to eat mindlessly while watching it. The study suggests that it is better to prerecord it and watch TV after you have finished eating. Or, if you are a television watcher during dinner, you should watch something less entertaining, like the news. Of course, there's always political debates. That will kill any appetite. 

What is The State of the Union

     I watched the President's speech last night. I wanted to see how he would verbalize the state of the union. All around us, we see people suffering in the market, unable to sell their homes and unable to get healthcare. What would the President say to alleviate fears? In the 1980's, whether you agreed with President Reagan or not, even his enemies had to admit that he brought a positive message that could move people. What would our current day President say, as we hung on his words for hope in these trying times.

    I listened to the speech that lasted a little over 50 minutes. I noticed that he managed to slip in an unrelated remark under healthcare about stopping these "junk medical lawsuits".  I flipped around to several channels to get a consensus of the pundits. Without exception, some harder than others, they all seemed to say that apparently the President had decided not to try to embark on anything challenging. As one Fox pundit said, he has given three very good speeches. Last night's speech was not one of them.

     If we were able to read the President's mind, how do you think he would say that he did? He told one person standing by who told him that they enjoyed the speech, "Well, I enjoyed giving it." Anyway, there might be one story told , that lets us see into the mind of our President. It involves his autobiography, which he admittedly did not write.

     "A Charge to Keep I Have" is the title of his autobiography. He says that he named it after his favorite painting that hung in his governor's office in Texas. As reported by Steven Benen (painting story) , the painting shows a man on a horseback who might be leading a group of missionaries. Bush says about the painting, "When you come into my office, please take a look at the horseman determinedly charging up what appears to be a steep and rough trail. That is us".  As earlier stated, he was so impressed with the painting that he took it to the White house and he named the book after it. The problem with this wonderful story is the truth about the painting. ( Real story) The painting is actually of a silver tongued horse thief being chased by a mob. I'll let you draw your own conclusion about the state of our union.       

    

How Safe is Sushi

     If you walk into a restaurant that serves Sushi, usually the first question that you ask is, "How fresh is that?"  Usually, the answer is a reassuring  "Oh, it very fresh". A recent article in the NY Times suggests that maybe there is more to worry about than how fresh it is. (NY Times article)

    Recent laboratory tests of sushi from 20 Manhattan stores and restaurants revealed an alarming finding. The tests established that the fish had such high levels of mercury, that the Food and Drug Administration could take legal action to remove the food from the marketplace. The restaurant owners were all surprised about the findings. According to one doctor cited in the article, eating sushi can be problematic.

    In 2004, the FDA warned that pregnant women and children should limit their intake of canned tuna. The findings of these tests suggest that sushi may be even more dangerous than canned tuna.  Over the past few years, studies of mercury intake on our bodies has shown to damage nervous systems and possibly cause cardiovascular and neurological problems. Unfortunately, no government agency regularly tests for mercury.

    This limited study by the Times gives us pause about eating sushi. It is opined that there is a greater danger of mercury from larger fish such as bluefish and swordfish. Scientists who did the tests for the Times ran them repeatedly to make sure that there was no mistake, and the conclusion was that there was no mistake in the levels of methylmercury and that this could cause health problems. Scientists also believe that a testing in other states would yield the same levels of harm. Of course this begs the question, Who is protecting the public? Unfortunately, despite warnings of environmentalists, it appears that noone is and that noone is accepting responsibility for putting this danger on our plates. 

Healthcare Costs in the Real World

     We all have our own experiences and stories about the expense of healthcare and medical insurance. Today, I experienced first hand how cost can impact care. It made me say, "Yes, it makes sense now".

      Last week, I had some bloodwork done at a large medical facility. The experience was no different then it was back in the 60's. The nurse simply stuck a big needle in my arm and took my blood and boy did I feel it. Not surprisingly, it left a bruise.

    Today, I went to my primary care doctor for some more followup. Instead of using a big needle, they used a device called a butterfly. True to its name, it actually looks like a butterfly. I barely felt the needle and it was an easy procedure. I mentioned to the nurse how easy it was and asked her why some other healthcare providers still used the old-fashioned needles. She just smiled and said, "Don't you know?" She went on to tell me that the price of needles runs about $15 for a box of 100 needles. The butterfly version costs about $1.25 each. Thus, it comes down to a price point decision.

     The next time you have your blood taken, ask that they use the butterfly. Sometimes healthcare facilities have an allotment that they are allowed to use. The nurse at my primary care physician told me that she used to work at a facility that allowed them to use 5 butterflies a day. All I know is that I don't want the old fashioned needle again. I guess I could take the extra buck and a quarter with me. 

Random Thoughts

     So I'm sitting here thinking that I should fire off a blog and I just saw that Fred Thompson has just withdrawn from the Presidential race...... I didn't realize that he was running.

     I suppose that ABC's Andy Rooney would interject here that, "Sometimes you wonder, why you wonder, why you wonder."

     There are two videos that are circulating on the web that show the rigors of the campaign season. One shows Mitt Romney answering some reporter, who looks like he is sitting on the floor of a grocery store. Romney keeps arguing with this guy about whether he has a Washington lobbyist on his campaign staff. It makes you wonder how a candidate can get so far a field on the issues but, I guess, it probably gets pretty tiring to run from state to state, and also seem natural and well rested. (Romney video)

     The other video is President Bill Clinton. Some Las Vegas reporter apparently caught him in the hallway and begins quizzing him about where caucus voters can vote. Clinton gets all riled up at the reporter at the suggestion that voters at casinos can count their votes at a greater weighted ratio, then those voting off site. (Clinton response) It makes you wonder whether we really want to see our ex-Presidents in the midst of a political campaign, mud wrestling with a reporter, over the counting of primary votes. Instead, there is another video of him fighting off the rigors of hard campaigning. (Clinton catching ZZZZ's)

     When I see all this political kick boxing, it makes me happy that all I have to do is blog about it. Plus, when you read some of the other blogs, it allows you to get a pretty good laugh. Kinda like watching a football game. You just want to see some hard hitting.

The Race for the Whitehouse Near Our Doors

     I was reading the paper this morning and saw the article that detailed our Virginia's elected officials, and how they are scattered in supporting the national candidate for President. Of course, if you align your support with the right horse, it can have some long term benefits.

     For a brief time, Ed Gillespie was the Chairman of the Republican Party of Virginia, This occurred after he had originally been a staffer for Representative Dick Armey (R-TX) and then formed his own lobbying firm called Quinn Gillespie. I caught a brief mention about Ed in an associated press article since he resigned from his Virginia post to take a job with the Whitehouse.

      Gillespie is currently serving as counselor to President Bush. His White House salary is $168,000. Originally, it was expected that he would be working in the George Allen for President campaign, but those plans went awry. Anyway, before you feel too sorry for this former Congressional aide, it's probably worth noting his newly released financial disclosure form.

     When Gillespie sold his share of his lobbying firm that he had formed in 2000, he received 4.75 million dollars.The firm, known as the Quinn firm, now employs two dozen lobbyists and has more than 120 clients including Bristol-Meyers Squibb, The Pharmaceutical Research and Manufacturers of America and State Farm Insurance Company.

     In my world of small influence, I am fighting the cause against such issues as federal preemption. If the Whitehouse policy makers get their final wishes in these final months of the Presidency, they will see legislation pushed through that would absolve corporate America from any liability from lawsuits, if their products had received approval by a federal agency. Such lawsuits as Vioxx claims resulting from a drug pulled from the market, would be barred, because it had been approved by the FDA. The Quinn Firm's clients would naturally, love to see federal preemption enacted.

     So, as a Virginian, it is interesting to watch these elections and see who is lined up with whom. Plus, it's always enlightening to see where certain lobbyists end up after the final campaign tally. For now, with the nominations so close in vote, Virginia and South Carolina (the states where we have offices), fall right in the sphere of influence.

Doctors and Cents

     Some things that you read just cause you to stop and say "Really?". That's what happened when I saw that it costs 1.67 cents to produce one penny. That's because pennies are 97.5% zinc with a thin copper plating. The value of of the metal exceeds the coin's face value. Some things just don't make sense.

    On a different note, a newly published study by researchers at the University of Iowa has concluded that a significant number of doctors fail to report their own errors. The study as published in the Journal of Internal Medicine and reported in the Des Moine Register, (article) revealed that 17 percent of doctors that were surveyed failed to report minor medical errors, while 4 percent of the doctors failed to report errors that resulted in disability or death. The researchers interviewed over 300 doctors at three different medical institutions. In the same study, only 36% of the doctors actually admitted to ever making a mistake.

    In the world of malpractice suits, it is very difficult to ever get a doctor to admit responsibility. Usually the excuse for the failure to admit is because they don't want to be sued. Perhaps this study would suggest that doctors don't believe that they ever make a mistake. I'll let you draw your own conclusion for that.

 

   

Happiness and Brain Injury

    One of my earlier blogs dealt with the search of happiness. (blog). Then, through the miracle of Tivo this morning, I watched the Friday night show of 20/20. It dealt with the pursuit of happiness and certain variables that cause us to be happy.

     Part of the story dealt with the study of identical twins. The survey of the twins showed that one is extremely happy, and the other tested as unhappy. What causes the difference.(link)  Part of the reason that I found this story to be so interesting; it dealt with the importance of the brain's frontal lobe. Typically, with head injuries or car crashes that cause the head to impact with the windshield, it is the frontal lobe that experiences the trauma. As discussed in this story and supported by head injury doctors, our choices, dreams and goals are formulated in the frontal lobe. When we suffer trauma to the frontal lobe, that can effect our self worth and the choices that we make.

    As the article points out, until recently, scientists were more concerned in what makes us depressed rather than studying what makes us happy. Antidepressants don't make happiness, they just serve to hide the sad emotions. In the story, a scientific study of several monks in a monastery demonstrated that they are extremely happy. This, despite their lack of personal accumulation of wealth and self denial. The premise of their happiness, according to the researchers, is that they take at least 30 minutes per day to focus on meditation of positive things.

   This article shows that there is no magic pill for happiness.  However, there are exercises that accentuate the positive that can make a difference. Consequently, those that have suffered head trauma are in a difficult position to find happiness because they are physically impaired through the neurons of the brain, because of trauma. To make a jury understand the damages and appreciate their value pinpoints the need to show the opposite effect that can be achieved, as discussed in the linked 20/20 story. 

Vioxx Settlement Update

     I have had a few calls about information on the Vioxx settlements. I will quickly outline the status of the settlement and give you a website that gives settlement information.

     There have been 16 Vioxx trials involving 17 plaintiffs. Of these trials, 5 ended with plaintiff verdicts and Merck won 7. The remaining 5 were set for new trials. Merck has appealed the 5 plaintiff verdicts. To date, none of the 5 plaintiffs have received any money from their verdicts. There is currently one case that is pending before the US Supreme Court regarding recovery rights of victims, against drug manufacturers.

     Given the above information, Merck and a committee of plaintiff attorneys have negotiated a settlement of all Vioxx claims, currently pending, that meet an agreed criteria. In short, this criteria includes 1)claims supported by medical record documentation that an eligible claimant suffered a heart attack, ischemic stroke or sudden cardiac death; and 2) that pharmacy records show that the eligible claimant received at least 30 Vioxx pills within 60 days prior to the injury in number 1; and 3) that medical or pharmaceutical records confirm that Vioxx was being used by eligible claimant within 14 days of the heart attack, ischemic stroke or sudden cardiac death.

     At this time, we are notifying our clients of the specific settlement provisions. There is still a little uncertaintly regarding the number of eligible claimants and dates of payouts. The amount of the payouts are indicated to begin for determiniation by the claims administrator, sometime after August 1, 2008.

     I have given a brief listing of the categories of injury but these categories are effected by many factors that will determine the ultimate worth of each claim. However, officialsettlement.com is a website that lists these factors and actually gives a calculator scoring system to help evaluate potential values of claims.

     I expect these circumstances to be a bit fluid as some of the provisions are currently being challenged in a Court filing. There are still some potential claims out there that have not been filed but those are not going to be covered by this settlement, as it currently is drafted, because they have not been previously filed.    

The Medical Record Clues

     I regularly am asked, "Are you working on any interesting cases?' Since this blog is deposited under the title of nursing home negligence, that's a clue of what's coming up. Many times, we order medical records and are interested to see some of the notes the doctor or triage nurse may write. The old adage is that "if it isn't written down, it didn't happen".

     Today, I got some medical records in, regarding a potential claim that I am looking at from a nursing home fall. As I am going through the stack of records, I notice that on the day of the fall, the records seem a bit sketchy. In fact, it looks like there are records missing. As I skim through a couple day's worth of records, I find another entry about this possible injury. It details that a "student nurse" was helping my lady when she fell.

     Since I am looking at the case right now, I can't go into too much more detail about the events. However, this brings up an interesting question as to what to do if you see that medical records may be missing. In this instance, a copy service has provided the records for the facility. So, I will first contact the service and see if I can get them to hunt those records. If they can't, then I will again contact the facility and specifically requests records for those days and indicate in the correspondence, that it appears that records are missing.

     Obviously, there may be some records that have been destroyed. If so, the law recognizes these records under the term of spoliation of evidence. An instruction would be read to the jury that, if I can prove that records on their face, appear to be missing, then it is presumed that these records would be adverse to the defendant's interest. I probably would rather have the records, but in some respects, this is like a drunk who runs from the car and refuses to be tested. Sure, we might not know their blood/alcohol content, but they get cited for refusal and get punishment as though they were drunk.   

     In previous blogs, I have discussed how the practice of law seems like a puzzle. The instant case is much like that. I still don't know if we have a claim. I know my lady was injured but I don't know if there is any fault. I am in the research stage. To me, when I see some missing records, then that becomes "an interesting case" to work on.