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Drug Maker Ranbaxy Settles Whistleblower Case for $500 Million

Thu, 16 May 2013 00:00:00 -0400

Generic drug maker, Ranbaxy Laboratories, just settled an eight-year whistleblower case for $500 million with the U.S Food and Drug Administration (FDA). The case is considered the highest profile generic drug violation in the United States.

Whistleblower, Dinesh Thakur, was director and global head of Research Information and Portfolio Management at Ranbaxy Laboratories from 2003 through 2005, according to Money Control.

In 2005, Thakur reported to management that Ranbaxy’s Ponta Sahib and Dewas plants were falsifying data. When nothing was done, he advised the FDA about falsified records and U.S. drug manufacturing rules violations. According to Money Control, civil and criminal charges were filed against Ranbaxy and some of its senior directors.

Eight years later, Ranbaxy pleaded guilty to felony charges and agreed to pay a massive $500 million fine to settle the criminal and civil cases; Thakur received a $48.5 million payment under the U.S. False Claims Act’s Whistleblower Provision. Thakur’s identity as a whistle blower was just revealed by the U.S. Department of Justice once the settlement was reached, Money Control said.

Based in India, Ranbaxy is one of the 10 largest generic drug producers in the world and has been operating in the United States since 1995.

Thakur says it took eight years of collaboration with the U.S. government to work through the complex paper trail of fallacious data and unsafe manufacturing processes that could have potentially compromised drug safety and quality, explained Money Control.

Over the course of the investigation, Ranbaxy was banned from importing over 30 drugs to the U.S. for three years; received no new FDA drug approvals until it signed a Consent Decree in 2011; forfeited 180-day exclusivity on three drugs, which cost Ranbaxy some $300 million in lost opportunity; had to surrender 27 new drug applications; was fined $500 million; and had gains nullified gains from blockbuster U.S. launches, such as atorvastatin, a generic version of Lipitor, according to Money Control.

A whistleblower is an employee, a former employee, or a member of an organization—especially a business or government agency—who reports misconduct to people or entities with the power and presumed willingness to take corrective action.

Generally, the misconduct is a violation of a law, rule, regulation, and/or the misconduct presents a direct threat to public interest, such as fraud and corruption or, as seen in this case, health/safety violations.

Whistleblower complaints focus on conduct prohibited by a specific law and that may cause damage to public safety, that may waste tax dollars, or that may violate public trust in an honest, accountable government.

Six Months Later, Recipients of Tainted Epidural Steroid Injections Still Getting Sick

Thu, 07 Mar 2013 00:00:00 -0500

Recently, there have been new confirmations of infections among people who may have received a contaminated anti-inflammatory steroid injection that’s at the center of a nationwide controversy.

According to an NBC News report, these developments have almost baffled medical experts because they now realize that the incubation period for fungal meningitis may be longer than originally thought and that people who received the tainted drug may not be out of the woods just yet.

It’s been six months since the outbreak of fungal meningitis was linked to contaminated injection vials of methylprednisolone acetate shipped from the New England Compounding Center (NECC). The compounding lab in Massachusetts has since been shut down as investigations were able to link it, and the filthy conditions inside, to the outbreak. The company is a compounding pharmacy that takes already-approved pharmaceutical drugs and mixes them for use in another treatment. Companies like NECC do not fall under the auspices of the federal U.S. Food and Drug Administration (FDA) and are regulated by state governments.

NECC sent at least 13,000 vials of methylprednisolone acetate injections to more than 70 pain management centers across the country. Thousands of people go to these pain centers to receive these injections for treatment of chronic pain and inflammation.

Since the start of the outbreak, the U.S. Centers for Disease Control and Prevention (CDC) reports that 48 people have died and another 700 more have fallen seriously ill after contracting fungal meningitis from their contaminated injection. Although the rate of infections appeared to have slowed considerably in the first months after the outbreak began, NBC News now reports that federal health officials have noted recent infections among people who received these suspect vials of methylprednisolone acetate.

There has been an average of two or three people per week, since the start of the outbreak, who are confirmed with some varying degree of severity of infection related to the contaminated injection they received months ago, based on the NBC report. The CDC issued an updated warning this week to alert healthcare practitioners to be on the lookout for signs of infection that persist among people who may have received one of these contaminated injection vials from the NECC.

An official with the CDC told NBC that the agency is seeing new reports every week and that, in some people, the incubation period for this illness is longer than anyone had expected. At the height of the outbreak, people who received a potentially infected vial were forced to undergo a battery of tests that was supposed to allay their worries that they’d develop a fungal meningitis infection.

While the new reports do not confirm that people are falling ill with fungal meningitis, patients are suffering from infections at the site of the injection, as well as other illnesses that appear related to the injection they received last year. NBC reports that new infections include epidural abscesses and arachnoiditis, an inflammation of nerves at the spine. Health officials urge people who were previously cleared of a fungal meningitis infection last year to remain vigilant against signs of illness that could be related to that treatment they received last year. These signs include worsening or “different” pain, according to the same report. Even people who have no signs of illness should remain guarded against illness in the near future.

FDA Warnings on SimplyThick Too Late for Some Parents Whose Infants Developed Necrotizing Enterocolitis (NEC)

Thu, 07 Feb 2013 00:00:00 -0500

Last year, the Food and Drug Administration issued a warning that infants should not be fed SimplyThick but for some parents, the warning was already too late.

There have been at least seven reports of infant deaths that can be attributed to the ingestion of SimplyThick. SimplyThick is an additive food product that is designed for people who have trouble swallowing. Adults regularly use SimplyThick, manufactured by the company with the same name, if they have difficulty swallowing as it allows them to breathe easier.

According to a New York Times report this week on its Well/Healthy Consumer blog, some parents who lost an infant believe the company responsible for processing SimplyThick along with federal regulators, are at least somewhat liable for the death of their baby.

SimplyThick is essentially xanthan gum and the FDA considers it a safe food product but as some have learned, the agency never tested its safety on newborns. It never had to until neonatal physicians began checking with speech pathologists.

At some point recently, physicians began consulting speech pathologists, not doctors, to determine if infants - including premature babies - had swallowing trouble. If they were determined to have such a problem, a doctor would prescribe SimplyThick be added to breast milk to aid swallowing.

As this became more accepted practice, more infants began developing necrotizing enterocolitis (NEC) and some even lost their life to the condition. Based on FDA data published last year in The Journal of Pediatrics, at least 84 cases of NEC were documented among children who had been given SimplyThick. At least 22 of the cases could be linked directly to the ingestion of SimplyThick. Fourteen of those infants required emergency surgery and seven infants died as a result of the condition.

The link between the infant deaths and SimplyThick has baffled the FDA somewhat. In 2011, the agency issued a warning that premature infants should not be given SimplyThick under any circumstances. As problems persisted, regulators updated their warning to include all newborns being excluded from taking SimplyThick.

Still, the agency isn’t sure if it’s SimplyThick, xanthan gum, or the flawed manufacturing process that prompted a warning from the FDA last year to a Georgia processing facility owned by the company because some of its batches of the additive were contaminated. Some experts interviewed by New York Times for its report believe that a newborn’s digestive system may not be able to process xanthan gum and that could be leading to NEC.

Last year, the Food and Drug Administration issued a warning that infants should not be fed SimplyThick but for some parents, the warning was already too late.

There have been at least seven reports of infant deaths that can be attributed to the ingestion of SimplyThick. SimplyThick is an additive food product that is designed for people who have trouble swallowing. Adults regularly use SimplyThick, manufactured by the company with the same name, if they have difficulty swallowing as it allows them to breathe easier.

According to a New York Times report this week on its Well/Healthy Consumer blog, some parents who lost an infant believe the company responsible for processing SimplyThick along with federal regulators, are at least somewhat liable for the death of their baby.

SimplyThick is essentially xanthan gum and the FDA considers it a safe food product but as some have learned, the agency never tested its safety on newborns. It never had to until neonatal physicians began checking with speech pathologists.

At some point recently, physicians began consulting speech pathologists, not doctors, to determine if infants - including premature babies - had swallowing trouble. If they were determined to have such a problem, a doctor would prescribe SimplyThick be added to breast milk to aid swallowing.

As this became more accepted practice, more infants began developing necrotizing enterocolitis (NEC) and some even lost their life to the condition. Based on FDA data published last year in The Journal of Pediatrics, at least 84 cases of NEC were documented among children who had been given SimplyThick. At least 22 of the cases could be linked directly to the ingestion of SimplyThick. Fourteen of those infants required emergency surgery and seven infants died as a result of the condition.

The link between the infant deaths and SimplyThick has baffled the FDA somewhat. In 2011, the agency issued a warning that premature infants should not be given SimplyThick under any circumstances. As problems persisted, regulators updated their warning to include all newborns being excluded from taking SimplyThick.

Still, the agency isn’t sure if it’s SimplyThick, xanthan gum, or the flawed manufacturing process that prompted a warning from the FDA last year to a Georgia processing facility owned by the company because some of its batches of the additive were contaminated. Some experts interviewed by New York Times for its report believe that a newborn’s digestive system may not be able to process xanthan gum and that could be leading to NEC.

Class-Action Lawsuit filed on Behalf of Remington Model 700 Rifle Owners in North Carolina, Washington Due to Defective Trigger Mechanism

Tue, 05 Feb 2013 00:00:00 -0500

Consumers in two states are covered by a recently-filed class-action lawsuit against the iconic rifle manufacturer Remington Arms Co. because thousands of the guns the company makes feature a defective trigger mechanism that causes them to fire unexpectedly.

Owners of the Remington Model 700 rifle can now seek damages against the company because their guns feature the Walker Fire Control device. This trigger mechanism is designed to allow a smoother fire from the rifle but since it was introduced on Remington rifles in 1948, the company has been aware of defects and malfunctions that cause guns with this device to fire even without a trigger pull.

The national law firm of Parker Waichman LLP has been following developments related to the Walker Fire Control device on several Remington rifles for a few years and recently filed a class-action lawsuit in a federal courtroom on behalf of consumers in Washington state and North Carolina who purchased a Remington Model 700 rifle. The lawsuit was filed in U.S. District Court for the Western District of Washington at Seattle. It names Remington Arms Company LLC., Sporting Goods Properties Inc., and E.I. Du Pont Nemours and Company as Defendants in the lawsuit.

The Walker Fire Control is found on more than 5 million rifles manufactured by Remington since the middle of the 20th Century, including thousands of Model 700 rifles. According to a release from Parker Waichman announcing the lawsuit, the “Walker Fire Control uses a separate ‘trigger connector’, an internal component that is not utilized by any other firearm’s manufacturer.” When a rifle with this Walker Fire Control device is fired, “a gap is created between the trigger body and the trigger connector,” the complaint notes. This allows debris to enter the enclosed trigger device such as field debris, manufacturing scrap, burrs from the manufacturing process, lubrication, and moisture. If this debris accumulates as the gun is fired more often, it can cause the trigger to fail to return to its original location, allowing the gun to fire unexpectedly when the trigger is not pulled.

These Remington Model 700 rifles and others with the Walker Fire Control device fire unexpectedly so often that the company has even developed an internal acronym to describe the events: FSR or Fire on Safe Release. The firm maintains that Remington has been aware of this defect associated with the Walker Fire Control device since it was introduced but has continued to market guns with it for decades, ignoring reports from gun owners involving an unexpected firing of the rifle. Many of these incidents have resulted in serious injuries when bystanders are hit with an unexpected rifle blast.

Specifically, Remington has received more than 3,200 reports of their Model 700 rifle firing unexpectedly from 1992 through 2004, alone. That’s an average of five incidents per week, according to information from Parker Waichman’s complaint. The firm believes the actual number of incidents involving an unexpected shot from these guns is much higher.
Further, the firm notes that the inventor of the Walker Fire Control device has confirmed that his device is only meant to save on manufacturing costs and create a smoother shot from the rifle but serves no other engineering purpose.

Two Top Priests in LA Archdiocese Removed from Posts for Aiding Cover-Up of Sex Abuse Charges

Fri, 01 Feb 2013 00:00:00 -0500

Los Angeles’ Archbishop has taken an unprecedented step and announced that he is removing his predecessor from all his public duties because of the role he took in covering up decades of clergy sex abuse against children.

According to a Los Angeles Times report, Archbishop Jose Gomez wrote to parishioners this week that he has relieved Cardinal Roger Mahony of all public duties, meaning he won’t be able to perform confirmations, and that another top church official within the Los Angeles archdiocese has resigned. Gomez says he took the action after records showed that Mahony and Auxiliary Bishop Thomas Curry actively participated in a cover-up to protect priests from criminal prosecution for their roles in hiding allegations of sexual abuse against the church.

The church spent the last two weeks posting thousands of pages of personnel files on its Web site detailing abuse allegations against 122 priests. The priests had been accused of molesting children within the church and Mahony and Curry were each responsible in keeping these allegations secret.

Gomez penned a letter to be read before parishioners this week. In it he writes, “I find these files to be brutal and painful reading. The behavior described in these files is terribly sad and evil. I cannot undo the failings of the past that we find in these pages. Reading these files, reflecting on the wounds that were caused has been the saddest experience I've had since becoming your Archbishop in 2011.”

Mahony and Curry were behind the active cover-up of accused sexually abusive priests within Los Angeles archdiocese for at least 25 years. In the last two weeks, more evidence has become public which shows these two officials sought assignments for accused priests in other states so they may avoid prosecution. They also sought to keep these priests from seeking counseling so it would not alert authorities to their crimes.

The news served to refresh memories of the decades of sexual abuse that was hidden by the Catholic Church in the U.S. in which hundreds of priests have been accused of molesting children. Many have avoided criminal prosecution but the church has paid millions of dollars in civil penalties to those who claimed they were abused by priests within the church.

Mahony and Curry are the latest officials to take the fall for their roles in the conspiracy but the condemnation from Gomez does not prevent them from serving the church altogether, even though this week’s decision is considered unprecedented. While Mahony may not be able to perform confirmations, he will be able to celebrate mass with his congregation at a North Hollywood church. He can also vote for a new pope, should the situation arise, and is still considered a “priest in good standing” among the church.

Rabbi at Ultra-Orthodox Private School Arrested on Multiple Sex Abuse Charges

Fri, 01 Feb 2013 00:00:00 -0500

A rabbi at a private ultra-Orthodox Jewish school in Brooklyn, N.Y., is facing sexual abuse charges after an anonymous tip identified him as having inappropriate contact with three different teenage boys.

According to an Associated Press report this week, Yoel Malik, 33, was arrested and taken into custody this week in Brooklyn. He is charged with 12 counts of sexual abuse, four counts of criminal sexual acts, 11 counts of endangering the welfare of a child, and one count of forcible touching. Police took Malik into custody earlier this week after reports had surfaced that he had been seen at a motel with two students from the school where he worked. Another report indicated he had been seen in a car with another student. These encounters allegedly occurred between March 2012 and up to the week before his arrest.

This is the latest story of sexual abuse against children from inside the usually closed Orthodox Jewish community in Brooklyn. The community houses the largest ultra-Orthodox community outside of Israel around the world. In recent years, allegations have surfaced that the church’s top officials were conspiring to cover-up years of sexual abuse against children. These officials protected themselves from criminal or civil charges by creating a belief within its followers that the mere discussion of sexual abuse was taboo.

Instead of reporting to authorities, people who suspected sexual abuse to children was occurring within the community were told to report this behavior to rabbis, not civil authorities. If these allegations were ever brought to authorities, those making the accusations and their families may have been subjected to abuse, bribes, and intimidation in an effort to get them to drop charges against supposedly powerful rabbis.

The recent case against Nechemya Weberman showed the community what the church was capable of doing but ultimately, the former rabbi and counselor at another school within the community was convicted on charges he sexually abused a teenage girl for years who had come to him when she was believed to have lost her religious way. The victim of Weberman’s abuse and her family were constantly intimidated by those closest to the person accused of abusing her, including offers of a $500,000 bribe to drop those charges.

It’s likely that if charges go forward against Malik, the victims of his abuse and their families may subject to the same form of initimidation. Malik worked at a school owned by his family. It is a private school within the closed Satmar Hasidic community in Brooklyn. The AP reports that the school has been closed for an undetermined amount of time due to financial problems. The students he is accused of abusing attended the school. The report indicates the school handled teens considered “at risk.”

First Payments from James Zadroga Compensation Bill made this week to 15 First Responders

Wed, 30 Jan 2013 00:00:00 -0500

The first payments to first responders at the Ground Zero site in Manhattan have been made as part of the 9/11 Health and Compensation Act, also known as the James Zadroga bill.

According to a New York Times report this week, a total of 15 first responders were cut checks this week ranging from $10,000 to $1.5 million as compensation for the injuries they’ve suffered as a result of their response to the terrorist attacks on the World Trade Center on Sept. 11, 2001. The compensation only represents a portion of the award they were due and each was informed via letter that they’ll receive more money in the future as the fund allows.

Thousands of people may be eligible for compensation through the 9/11 Health and Compensation Act and the report indicates that by the end, more than $8.5 billion could be paid to first responders and others who either live or work in the Lower Manhattan area and were affected by the toxic cloud of dust and fumes that permeated the air surrounding Ground Zero form months after the tragedy that claimed a few thousand lives.

First responders fought for the better part of a decade to get access to federal compensation to pay the medical expenses they incurred as a result of their response to the terrorist attacks. Many police, firefighters, and paramedics rushed to the scene and stayed for days, weeks, and sometimes months to help clear the debris of the destroyed skyscrapers. Many believe the toxic cloud that hung over the site impaired their health and caused them to suffer breathing trouble, irritated eyes and other health problems.

The Zadroga bill was created by an act of Congress and provided federal funding for many of those first responders, allowing them access to healthcare funding to help pay for those injuries. In recent months, victims of the toxic fumes at the Ground Zero site continued that fight, saying that the federal government should recognize some forms of cancer as disease eligible for compensation through the Zadroga bill. The government finally allowed some forms of cancer to be compensated through the legislation but none of the initial payments to individuals were to cover costs related to cancer treatments.

The estimated $8.5 billion far exceeds the $2.8 billion cleared by the government through the Zadroga bill and Congress will eventually have to approve more money in the future if those payments are to be made in full. The payments sent this week represented only about 10 percent of what those 15 first responders were due, according to the report.

The $10,000 awarded to some of those victims this week represents the minimum amount and one administrator of the fund told the source that the actual payments made this week should encourage other first-responder victims of the 9/11 attacks to come forward with their claims. The deadline to apply for these funds through the Zadroga bill is October 2016.

The highest awards will be paid to people who suffered the most serious injuries in the response to the terrorist attacks, especially younger firefighters who became completely disabled as a result of their work at the site.

The first payments to first responders at the Ground Zero site in Manhattan have been made as part of the 9/11 Health and Compensation Act, also known as the James Zadroga bill.

According to a New York Times report this week, a total of 15 first responders were cut checks this week ranging from $10,000 to $1.5 million as compensation for the injuries they’ve suffered as a result of their response to the terrorist attacks on the World Trade Center on Sept. 11, 2001. The compensation only represents a portion of the award they were due and each was informed via letter that they’ll receive more money in the future as the fund allows.

Thousands of people may be eligible for compensation through the 9/11 Health and Compensation Act and the report indicates that by the end, more than $8.5 billion could be paid to first responders and others who either live or work in the Lower Manhattan area and were affected by the toxic cloud of dust and fumes that permeated the air surrounding Ground Zero form months after the tragedy that claimed a few thousand lives.

First responders fought for the better part of a decade to get access to federal compensation to pay the medical expenses they incurred as a result of their response to the terrorist attacks. Many police, firefighters, and paramedics rushed to the scene and stayed for days, weeks, and sometimes months to help clear the debris of the destroyed skyscrapers. Many believe the toxic cloud that hung over the site impaired their health and caused them to suffer breathing trouble, irritated eyes and other health problems.

The Zadroga bill was created by an act of Congress and provided federal funding for many of those first responders, allowing them access to healthcare funding to help pay for those injuries. In recent months, victims of the toxic fumes at the Ground Zero site continued that fight, saying that the federal government should recognize some forms of cancer as disease eligible for compensation through the Zadroga bill. The government finally allowed some forms of cancer to be compensated through the legislation but none of the initial payments to individuals were to cover costs related to cancer treatments.

The estimated $8.5 billion far exceeds the $2.8 billion cleared by the government through the Zadroga bill and Congress will eventually have to approve more money in the future if those payments are to be made in full. The payments sent this week represented only about 10 percent of what those 15 first responders were due, according to the report.

The $10,000 awarded to some of those victims this week represents the minimum amount and one administrator of the fund told the source that the actual payments made this week should encourage other first-responder victims of the 9/11 attacks to come forward with their claims. The deadline to apply for these funds through the Zadroga bill is October 2016.

The highest awards will be paid to people who suffered the most serious injuries in the response to the terrorist attacks, especially younger firefighters who became completely disabled as a result of their work at the site.

Toyota to Pay $1B to Settle Gas Acceleration Lawsuits, Still Facing Personal Injury and Wrongful Death Lawsuits

Fri, 28 Dec 2012 00:00:00 -0500

Toyota to Pay $1B to Settle Gas Acceleration Lawsuits, Still Facing Personal Injury and Wrongful Death Lawsuits

Toyota Motor Corp. has agreed to pay more than $1 billion as settlement for a class-action lawsuit filed by motorists who claimed the company’s vehicles sped out-of-control due to a defective accelerator device.

According to a New York Times report, the Japanese automotive giant agreed to the settlement this week, ending years of legal wrangling with thousands of claims that the company knowingly installed defective accelerator devices on many of its automobiles and hid details of reports of motorists who had experienced this defect and suffered serious injuries or even died.

The terms of the settlement still must be approved by a federal judge but if it’s OK’d, Toyota will be forced to pay “for the loss of value on vehicles affected by multiple recalls and install special safety features on up to 3.2 million cars,” according to the Times report.

Toyota is still facing hundreds of personal injury and wrongful death lawsuits filed by individual motorists or on behalf of families who lost loved ones in fatal crashes caused by the defective Toyota vehicles.

The top-selling automobile manufacturer has attempted numerous times to deflect blame for the defective accelerators, including blaming motorists and floor mats in the vehicles. Still, the company was forced to recall more than 8 million vehicles since 2009 due to a potentially defective accelerator.

This defective part was suspected of causing the problems for several reasons. First, those who reported the problems noted that their Toyota vehicles were prone to speeding out-of-control and this typically culminated in one ultimate incident that often led to serious injuries or even death. A high-profile incident in which an off-duty police officer and his family were killed when their Toyota vehicle sped out-of-control called greater attention to this problem initially back in 2009.

According to the same report, the proposed settlement with Toyota will have the company “create a fund of $250 million to pay claims to former owners of cars affected by the acceleration recalls.” Toyota must also agree to pay for a fix to the unintended acceleration problem, what they’re calling a “brake override system” and that the company has already installed more than 2.6 million of these devices and it expects to install more than a half-million others.

Toyota will also pay for other repairs to the affected vehicles for up to 10 years. Only some repairs will qualify for that program, according to the report. That program will cover more than 16 million Toyota owners.

The company must also pay $30 million to finance auto safety research. That move is likely in response to the company’s suddenly tainted reputation. Until the defective accelerator problem arose, Toyota had enjoyed top success in the domestic auto market as its Camry sedan had become the top-selling car in the U.S. and remained so for years.

Since this initial series of recalls, the company has continued to issue other safety recalls on their vehicles and in many of these actions, it’s clear that the company sat on data that showed its vehicles or one of their parts were defective before taking actions to recall them, just as they did with the defective accelerators.

Second Wave of Tainted Steroid Injections Injures Victims Across the Nation

Fri, 21 Dec 2012 00:00:00 -0500

Second Wave of Tainted Steroid Injections Injures Victims Across the Nation

By: Gerard Ryan

Health officials believed the fungal meningitis outbreak, caused by tainted steroid injections, was over.
Over the past several months new cases stemming from the original outbreak have been dwindling. However, a new wave of patients have been rushed into emergency rooms after receiving spinal injections. Doctors have come to the disturbing conclusion that there is a new fungal meningitis outbreak from a different batch of tainted steroid injections.

So far dozens of people have been diagnosed with excruciating abscesses or inflamed nerves in their backs that are very challenging for doctors to cure. The victims have been infected by a black mold which infiltrated their spines through common steroid injections. Several cases have already been confirmed but health officials are afraid the true number of infected patients could be much higher. Officials at the Center for Disease Control (CDC) fear that many victims won’t even realize they have been infected since some of the symptoms will mimic the back pain they were trying to treat.

In an attempt to contain the outbreak, doctors at St. Joseph Mercy, in Ann Arbor Michigan, have been scanning every patient with routine back pain who received a contaminated injection. Since they have begun scanning patients, the infection rate has been approximately 14%. Among patients with new or worsening back pain in Michigan, Tennessee, and North Caroline, MRIs have an infection rate of about 50%. Since November 29^th,
the CDC has seen at least 90 confirmed cases of spinal infections in patients who received injections.

Any person who believes they may have received a tainted steroid injection should consult their healthcare provider immediately. Treatment of fungal meningitis could require continuous treatments from three months to a year. Many doctors are not sure how to treat this particular type of disease. Dr. John Perfect of Duke University Medical Center, a leading fungal disease specialist, said the medical profession “is flying by the seat” of its pants. Investigations are currently underway to determine the why there is a resurgence of this epidemic.

http://www.boston.com/lifestyle/health/2012/12/20/tainted-steroids-cause-spine-infections-addition-meningitis-all-patients-face-grueling-recovery/2KzWjs1B1t2Q1zhgoTcEJL/story-1.html

Jury gets case in Orthodox Jewish sexual abuse trial

Fri, 07 Dec 2012 00:00:00 -0500

The trial of an Orthodox Jewish leader accused of sexually assaulting a girl on several occassions for years came to a close late last week, leaving the case to the jury to decide his fate.

According to a New York Post report, Nechemya Weberman's fate now rests in the hands of the 12 people selected to hear the case in which he is accused of sexually abusing starting when she was 12 years old. Weberman denies the accusations and prosecutors believe the revered Jewish leader in his tight-knit Orthodox community in Brooklyn thought he could get away with the crimes simply through the power of influence.

However, the victim of the alleged abuse testified during the trial that Weberman's influence and attempts to contact her persisted in the years after she put an end to it by alerting authorities. She says Weberman has gone to the lengths of contacting her directly, influencing her father to have her boyfriend arrested, and using contacts within the community to intimidate her into dropping the charges against him.

Weberman's case is one of likely dozens in which some leader in the Orthodox Jewish community in Brooklyn is accused of sexual abuse against children. Some cases have gone to trial and resulted in convictions. Others have been dismissed and some others have gone unresolved, in some cases due to influence against witnesses or accusers.

In previous reports from the trial and regarding this case, Weberman made contact with the alleged victim's father and informed him that the victim previous told him that she and her boyfriend (now her husband) had become romantically involved. Pre-marital sexual relations are taboo in that community and could land a person in jail for breaking the law if it is ever discovered. Weberman allegedly had the boyfriend arrested in an attempt to intimidate the victim. Evidence that allegedly proved that Weberman installed secret video equipment into the victim's bedroom to record her having sex with her boyfriend was not admitted for trial.

During the trial, prosecutors allege that the victim believed Weberman to be part of the Vaad Ha'Tnuis, a somewhat secretive committee that determines the law and code for the tight community, including setting its dress code and moral code. In fact, prosecutors allege the victim believed Weberman to be the "Vaad Father" of that organization, underlining his influence in the community for their case against him.

Weberman is accused of abusing the victim numerous times, forcing her to watch pornography and then repeat what she saw for him. This continued until she was 15 and was eventually asked to leave the school where Weberman worked and was supposed to be counseling the victim and other students.

The jury should have its verdict next week.

Click for our latest breaking news update!

Fri, 02 Nov 2012 00:00:00 -0400

Hurricane Sandy, one of the worst storms to ever hit the United States, is responsible for at least 82 deaths, 8.5 million power outages and billions of dollars in damages. In the aftermath of the storm, many victims near the east coast have found themselves surrounded by wreckage because of wind damage, water damages, fire and other disasters.
Unfortunately, insurance companies may attempt to deny claims from victims or offer less than they deserve. If you are a victim of Hurricane Sandy and need to file an insurance claim, you may have valuable legal rights. Contact one of our experienced hurricane claims attorneys at Parker Waichman LLP today.

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Former 9/11 Airline Dispatcher Now Stricken with PTSD Fights for Health Benefits from 9/11 Victims Compensation Fund

Wed, 19 Sep 2012 00:00:00 -0400

Parker Waichman LLP, a national law firm that has spent the last decade working to ensure the heroes of 9/11 are not forgotten, is representing a former airline dispatcher in his fight to receive health benefits from the 9/11 Victims Compensation Funds. Michael Winter, who has struggled with post-traumatic stress disorder (PTSD) since helping to guide hundreds of airline flights to safety on 9/11, recently told his story to CBS News.

According to Parker Waichman LLP, Mr. Winter was supervising some 40 flight controllers at a Chicago operations center on 9/11/2001. After the terrible reality of what was happening had been made clear, Mr. Winter issued a dispatch to all United Airlines flights warning pilots to secure their cockpits. Flights receiving Mr. Winter's dispatch included United 93, which by that time had already been taken over by terrorist. United Flight 93 would later crash into a field in rural Pennsylvania, following a heroic attempt by its passengers to regain control of the plane from its hijackers.

Mr. Winter told CBS News that he became depressed and withdrawn after the ordeal. As a result, he left his job as an airline dispatcher in 2007 and moved to Florida hoping for a fresh start. In 2010, however, Mr. Winter suffered a severe psychological reaction while viewing a film depicting the events that occurred on United Flight 93. Since then, three different doctors have diagnosed Mr. Winter with PTSD.

Unable to work, or even "function on a reasonable, human level," Mr. Winter has applied to the 9/11 Victims Compensation Fund for health benefits so that he can finally afford the therapy he so desperately needs. So far, however, the Fund has denied Mr. Winter's pleas for help, maintaining that benefits are only available to "... responders on site at specified locations related to the World Trade Center disaster, or at the site of the ... crashes...," according to CBS News.

Parker Waichman LLP is committed to seeing to it that Mr. Winter, along with all of those who worked so heroically to ensure the safety of others on that terrible day, have access to the healthcare they need.

“Although Mr. Winter was not physically present at one of the designated crash sites, he certainly was a First Responder to the terrorist attacks on September 11th,” states Matthew J. McCauley, who is the lead attorney in the WTC/Zadroga group at Parker Waichman LLP and a former NYPD Officer and WTC First Responder. “In the early developments of September 11th, Michael’s involvement with clearing the airspace over the sites to ensure public safety, as well as his direct involvement with Flight 93 until its conclusion, truly links him to the very purpose of the Zadroga Act, to assist those in need of care and treatment who suffered injuries as a result of these attacks. His involvement spans all 3 three crash sites."

"To think that a bystander to the WTC attack would be eligible for PTSD benefits and yet this man would be shut out is disturbing," Mr. McCauley continued. "Our law firm strongly believes that Mr. Winter should be eligible for benefits and we have submitted an appeal on his behalf. We will continue to represent Mr. Winter pro bono and will not give up until he receives the benefits that our other 9/11 First Responders are entitled to.”

Among other things, Parker Waichman LLP worked along side 9/11 First Responders to ensure the passage of the James Zadroga 9/11 Health and Compensation Act, which reopened the 9/11 Victims Compensation Fund for five years to provide healthcare and financial help for sickened first responders. Just last month, the National Institute for Occupational Safety and Health (NIOSH) recognized the association between the toxic dust that blanketed the World Trade Center site in the aftermath of the attacks and cancer. As a result, more than 50 forms of cancer have been added to the list of illnesses now eligible for Zadroga Act compensation.

Parker Waichman vows to continue its efforts to make sure Michael Winter and all of the heroes of 9/11 receive the Zadroga Act compensation they need and deserve. If you or a loved one are eligible for compensation under the Zadroga Act, and would like assistance with your claim, please visit Parker Waichman's Zadroga Act claims page at yourlawyer.com or call 1-800-LAW-INFO (1-800-529-4636).

Contact:
Parker Waichman LLP
Gary Falkowitz, Managing Attorney
(800) LAW-INFO
(800) 529-4636
http://www.yourlawyer.com

Parker Waichman LLP Applauds NIOSH Decision to Recognize Link Between Toxic Ground Zero Dust and Cancer, Adds 50 Cancers to the List of Illnesses Eligible for Zadroga Act Coverage

Tue, 11 Sep 2012 00:00:00 -0400

The national law firm of Parker Waichman LLP applauds the National Institute for Occupational Safety and Health (NIOSH) on its decision to recognize the association between toxic Ground Zero dust and many forms of cancer. Coming more than a decade after the 9/11 terrorist attacks, NIOSH's decision to make more than 50 cancers eligible for compensation under the James Zadroga 9/11 Health and Compensation Act finally paves the way for potentially thousands of heroic, but now cancer-stricken Ground Zero first responders to access the healthcare they so desperately need.

The Zadroga Act, which became law in December 2010, was named for deceased New York Police Department detective James Zadroga, who had worked at Ground Zero. Many of the individuals who participated in the rescue and recovery efforts following the 9/11 terrorist attacks have since been diagnosed with various illnesses because of their exposure to toxic dust. The Zadroga Act reopened the 9/11 Victims Compensation Fund for five years to provide payment for job and economic losses for first responders, those trapped in the buildings, and local residents, who suffered illness or injuries related to the toxic dust.

According to Parker Waichman LLP, NIOSH had initially not included any cancers on the list of Zadroga Act illnesses. In March, however, the World Trade Center Health Program Scientific/Technical Advisory Committee recommended that dozens of cancers be added to the list of illnesses covered under the Zadroga Act. Since then, sickened Ground Zero first responders and their advocates have anxiously awaited NIOSH's decision on whether or not to accept those recommendations.

With today's announcement, 50 cancers will now be deemed Zadroga Act covered illnesses, including:

Malignant neoplasms of the lip, tongue, salivary gland, floor of mouth, gum and other mouth, tonsil oropharynx, hypopharynx, and other oral cavity and pharynx
Malignant neoplasm of the nasopharynx
Malignant neoplasms of the nose, nasal cavity, middle ear, and accessory sinuses
Malignant neoplasm of the larynx
Malignant neoplasm of the esophagus
Malignant neoplasm of the stomach
Malignant neoplasm of the colon and rectum
Malignant neoplasm of the liver and intrahepatic bile duct
Malignant neoplasms of the retroperitoneum and peritoneum, omentum, and mesentery
Malignant neoplasms of the trachea; bronchus and lung; heart, mediastinum and pleura; and other ill defined sites in the respiratory system and intrathoracic organs
Mesothelioma
Malignant neoplasms of the soft tissues (sarcomas)
Malignant neoplasms of the skin (melanoma and nonmelanoma), including scrotal cancer
Malignant neoplasm of the breast
Malignant neoplasm of the ovary
Malignant neoplasm of the urinary bladder
Malignant neoplasm of the kidney
Malignant neoplasms of renal pelvis, ureter and other urinary organs
Malignant neoplasms of the eye and orbit
Malignant neoplasm of the thyroid
Malignant neoplasms of the blood and lymphoid tissues (including, but not limited to, lymphoma, leukemia, and myeloma)
Childhood cancers
Rare cancers

“While we had faith this day would eventually come, the fact that this announcement comes on the eve of September 11th is not lost on anyone,” says Matthew J. McCauley, who is the leading attorney in the WTC/Zadroga group at Parker Waichman LLP and a former NYPD Officer and WTC First Responder. “Today, tomorrow and for the rest of our lives, we will honor our 9/11 Heroes and continue to stand by them and their families for the ultimate sacrifices they have made.”

Parker Waichman LLP, which worked alongside Ground Zero first responders and their advocates to ensure passage of the Zadroga Act, applauds NIOSH's decision to expand the 9/11 Victims Compensation Fund to include coverage for cancer. The firm vows to continue its efforts to make sure these heroes receive all of the Zadroga Act compensation they need and deserve.

If you or a loved one are eligible for compensation under the Zadroga Act, and would like assistance with your claim, please visit Parker Waichman's Zadroga Act claims page at yourlawyer.com or call 1-800-LAW-INFO (1-800-529-4636).

Contact:
Parker Waichman LLP
Gary Falkowitz, Managing Attorney
(800) LAW-INFO
(800) 529-4636
http://www.yourlawyer.com

Angry Over Lack of Reform in Haisidic Community, Advocates for Child Sexual Abuse Victims Refuse to Meet with Brooklyn DA

Thu, 06 Sep 2012 00:00:00 -0400

Angry at his purported inaction to address the conspiracy of silence that often protects child sexual abusers in the ultra-Orthodox Jewish community, advocates for victims have postponed a meeting with Brooklyn DA Charles Hynes. According to a report from the New York Daily News, some activists contend that barring any drastic policy changes by Hynes, there is simply "no point in going."

As we've reported in the past, Brooklyn's ultra-Orthodox Jews have long been encouraged by their leaders to take allegations of sexual misconduct to rabbis before they make reports to secular authorities. Those who do dare to report child abuse to authorities often find themselves the target harassment and retribution from others in the community. As a result, child sexual abuse in the ultra-Orthodox community often goes unpunished, leaving abusers free to prey on other children.

In 2009, Hynes instituted a program called Kol Tzedek (Voice of Justice) aimed at helping more victims in the ultra-Orthodox community come forward about abuse. But the program has become controversial because prosecutors don’t publicize the names of the accused. Hynes, who critics have accused of ignoring certain sex abuse cases in order to garner political support from some powerful Hasidic rabbis, claims that keeping the names of the accused secret is necessary in order to protect the identities of underage victims.

According to The New York Daily News, advocates for child abuse victims are angry over that policy, a well as what they say is Hynes' refusal to educate yeshivas, or take action against rabbis and other community officials who harass and intimidate victims.

Hynes met with victims’ advocates in June to hear their concerns, and promised to hold additional monthly gatherings. But several activists were angered at the lack of concrete reforms so far. Among other things, they wanted prominent Haisidic rabbis to attend the meetings, but Hynes balked at the suggestion, the Daily News said. According to a report from the website, Failed Messiah, some activists were also angered that a staff member with the New York Jewish Federation leaked news of the meeting against the will of the advocates immediately after it ended. Reportedly, that individual is close to at least one member of Hynes' staff.

All of this prompted some, including Mark Appel, founder of Voice of Justice, and Asher Lipner, another activist, to say they would not attend the next scheduled gathering. Survivors for Justice, a prominent advocacy organization for victims of abuse in the ultra-Orthodox community didn’t attend the June meeting with Hynes, and said it won't attend the second, according to Failed Messiah. As a result, the second meeting with Hynes has been cancelled.

"Since he has to appease the rabbis in Brooklyn he should send all the Jewish cases to Staten Island,” Appel told the Daily News. According to Failed Messiah, Appel was referencing the decision to appoint a special prosecutor from Staten Island to investigate alleged criminal wrongdoing by Brooklyn’s powerful Democratic Party leader Assemblyman Vito Lopez. Lopez, like the Brooklyn rabbis, is politically close to Hynes.

Some activists have expressed hope that the meetings with Hynes will eventually go forward.

"We intend to continue these meetings," Joel Engleman, who leads the group of advocates, told the Daily News.

Hynes office, however, is denying that any animosity on the part of advocates caused the cancellation of the gathering. Instead, the DAs office is asserting that the meeting postponement was the result of a "scheduling conflict."

“It's an ongoing process,” Hynes' spokesperson, Jerry Schmetterer, told the Daily News. “We are all happy on this end to continue.”

Judge's Ruling May Give New York Child Sex Abuse Victims a Way Around Statute of Limitations

Thu, 30 Aug 2012 00:00:00 -0400

Some attorneys are saying that a judge's ruling in a New York child sexual abuse lawsuit may have opened a window for victims of abuse that occurred long ago to file legal claims against their victimizers. New York, noted The Wall Street Journal, currently has the most stringent statute of limitation in the nation for filing civil lawsuits in cases of child sexual abuse, a fact which has denied justice to hundreds of victims.

Lobbyists fighting for the rights of sexual abuse survivors have long pushed to change New York's statute of limitations in such cases, which requires that victims of child sexual abuse file lawsuits by their 23rd birthday. But last week, U.S. District Court Judge Frederic Block allowed a lawsuit that involved sexual abuse allegations that went back for decades to move forward. The case is against what The Journal described as an elite Brooklyn prep school—Poly Prep County Day School. Judge Block ruled on Tuesday that the statute did not automatically disqualify a case against the prep school despite that some of the allegations go as far back as 1966, nearly 50 years ago. Twelve alumni of the private school and its summer program allege rape and abuse at the hands of then-respected football coach Philip Foglietta, said The Journal. Foglietter, who died in 1998, worked at the school from 1966 for 25 years.

According to the plaintiffs, the statute of limitations is not applicable because Poly Prep was aware of the abuse, covered it up, and routinely and publicly praised Foglietta as an “upstanding member of the school, wrote The Journal. Because of this, the plaintiffs were not able to file their lawsuit as quickly as they would have liked.

Judge Block did dismiss some of the claims—for example, some, but not all, racketeering charges against the school—in his 40-page ruling; however he allowed much of the case to continue, The Journal noted. The racketeering charges, which relied on the federal Racketeer Influenced and Corrupt Organizations Act RICO) was considered ground-breaking in the context of sexual abuse cases, noted The Journal, as was invocation of Title IX, which is typically used to provide parity for women’s sports programs. Title IX, explained The Journal, can be applicable in cases of abuse in which a predator singles out one gender of children to molest. Not unexpectedly, Poly Prep officials minimized the decision. The school "believes the claims will ultimately be dismissed following a hearing," said spokesman Malcolm Farley. "We are still hopeful that the case may be settled."

At least one attorney told the Journal that Judge Block's ruling prompted him to start is reviewing about 300 child sex abuse claims that he thought would be time-barred. He described the ruling as “the best news out of a court for the victims of sexual abuse this year, and probably in a number of years," according to The Journal.

Flushmate III Flushing System Recall Sparks Exploding Toilet Lawsuit

Tue, 21 Aug 2012 00:00:00 -0400

A Las Vegas woman says the fix offered by Sloan Valve Co. on its defective Flushmate III Pressure-Assisted Flushing System is also defective and has sued the company for injuries she suffered when the flushing system caused her toilet to explode.

Earlier this month, the Consumer Product Safety Commission issued a recall along with Sloan on the flushing system that was sold at Home Depot and Lowe’s Home Improvement stores along with toilet manufacturers American Standard, Crane, Kohler, Eljer, Mansfield, St. Thomas, and Gerber. More than 2.3 million of the Flushmate flushing systems were sold in the U.S. from 1997 until 2008. Another 9,000 were sold in Canada.

The recall was necessary because the flushing system was defective and prone to “explosions” that put consumers who used the devices at risk of laceration injuries. The CPSC received more than 300 reports of the flushing system bursting after it was installed in consumer commodes. These incidents resulted in at least 14 “impact or laceration” injuries to consumers who were hit with parts of the toilet dislodged during the “explosion”.

As part of the recall, customers who purchased the Flushmate flushing system were offered a free repair kit. The Las Vegas woman seeking unspecified monetary damages from Sloan says the repair kit offered to consumers is also defective and to fix the flushing system requires a professional plumber who should replace it completely.

The lawsuit she’s filed in a Las Vegas courtroom is seeking class-action status that would include other consumers who were affected by the defective Flushmate III Pressure-Assisted Flushing System.

Sloan is also facing legal trouble from other areas of the country, including lawsuits filed in Los Angeles and San Francisco. One lawsuit against the company seeks at least $5 million in damages caused by the defective flushing system.

Earlier this month, the Consumer Product Safety Commission issued a recall along with Sloan on the flushing system that was sold at Home Depot and Lowe’s Home Improvement stores along with toilet manufacturers American Standard, Crane, Kohler, Eljer, Mansfield, St. Thomas, and Gerber. More than 2.3 million of the Flushmate flushing systems were sold in the U.S. from 1997 until 2008. Another 9,000 were sold in Canada.

The recall was necessary because the flushing system was defective and prone to “explosions” that put consumers who used the devices at risk of laceration injuries. The CPSC received more than 300 reports of the flushing system bursting after it was installed in consumer commodes. These incidents resulted in at least 14 “impact or laceration” injuries to consumers who were hit with parts of the toilet dislodged during the “explosion”.

As part of the recall, customers who purchased the Flushmate flushing system were offered a free repair kit. The Las Vegas woman seeking unspecified monetary damages from Sloan says the repair kit offered to consumers is also defective and to fix the flushing system requires a professional plumber who should replace it completely.

The lawsuit she’s filed in a Las Vegas courtroom is seeking class-action status that would include other consumers who were affected by the defective Flushmate III Pressure-Assisted Flushing System.

Sloan is also facing legal trouble from other areas of the country, including lawsuits filed in Los Angeles and San Francisco. One lawsuit against the company seeks at least $5 million in damages caused by the defective flushing system.

Zadroga Act Compensation Payments on Hold While Rule Adding Cancer to the List of Illnesses Covered by the 9/11 Victims Compensation Fund is Finalized

Mon, 20 Aug 2012 00:00:00 -0400

Parker Waichman LLP, a national law firm representing many ill 9/11 first responders, is reporting today that Sheila Birnbaum, the Special Master of the 9/11 Victims Compensation Fund, has temporarily suspended the payment of Zadroga Act compensation awards from the Fund. According to a report from the Web site, downtownexpress.com, distribution of compensation awards from the 9/11 Victims Compensation Fund has been put on hold while the National Institute of Occupational Health (NIOSH) finalizes a rule to add more than 50 types of cancer to the list of covered illnesses. As such, 9/11 first responders and others who submitted applications for respiratory and digestive conditions already covered by the Fund will have to wait longer for any award. It was expected that the Fund would begin paying out claims this summer.

The Zadroga 9/11 Health and Compensation Act, which became law in December 2010, was named after deceased New York Police Department detective James Zadroga, who had worked at Ground Zero. Many of the individuals who participated in the rescue and recovery efforts following the 9/11 terrorist attacks have since been diagnosed with various illnesses because of their exposure to toxic dust. The Zadroga Act reopened the 9/11 Victims Compensation Fund for five years to provide payment for job and economic losses for first responders, those trapped in the buildings, and local residents, who suffered illness or injuries related to the toxic dust.

According to Parker Waichman LLP, NIOSH had initially not included any cancers on the list of Zadroga Act illnesses. In March, however, the World Trade Center Health Program Scientific/Technical Advisory Committee recommended that dozens of cancers be added to the list of covered illnesses covered under the Zadroga Act. In June, NIOSH director, Dr. John Howard, accepted those recommendations and is now reviewing public comments on the proposed rule. The cancer rule may take effect 30 days after it is finalized.

Regardless of this delay, Parker Waichman LLP vows to continue its efforts to make sure the heroes of 9/11 receive all of the Zadroga Act compensation they need and deserve. If you or a loved one are eligible for compensation under the Zadroga Act, and would like assistance with your claim, please the visit the firm's Zadroga Act claims page at yourlawyer.com.

For more information regarding Zadroga Act claims and Parker Waichman LLP, please visit: http://www.yourlawyer.com or call 1-800-LAW-INFO (1-800-529-4636).

Contact:
Parker Waichman LLP
Gary Falkowitz, Managing Attorney
(800) LAW-INFO
(800) 529-4636

Zadroga Act Compensation Payments on Hold While Rule Adding Cancer to the List of Illnesses Covered by the 9/11 Victims Compensation Fund is Finalized

Kids Allegedly Molested at Orthodox Jewish Summer Camp

Thu, 16 Aug 2012 00:00:00 -0400

State Police in New York are investigating a possible incident a Orthodox Jewish boys' summer camp in which a food delivery person snuck into the sleeping quarters of campgoers and sexually molested them.

According to The New York Post newspaper, a kosher-food delivery person allegedly snuck onto the Camp Shalva campgrounds ub South Fallsburg, N.Y., under the ruse of his job in the pre-dawn hours Wednesday morning and entered the sleeping quarters inhabited at the time by "just-Bar Mitzvahed" boys.

Later that morning, several campers notified camp administrators of the man's actions. The camp administrators called a criminal attorney who informed them to call the District Attorney in Brooklyn, where most of the campgoers live, and State Police to conduct a proper investigation into the allegations. Initially, according to The Post, camp administrators advised the campers to avoid telling their parents of the incident.

A sexual abuse advocacy group based in Brooklyn was informed of the allegations at Camp Shivla early Thursday afternoon and referred the case to State Police in New York.

New York State Police are now investigating whether or not that food delivery person was a known sex offender and how he could have been allowed onto the campgrounds undetected as he did. Security footage from Camp Shavla allegedly shows the perpetrator sneaking into the sleeping cabins and molesting the children while they were in their beds.

The Post reports that news of the allegations were first mentioned on a Yiddish Internet chat site, which then quickly led to camp administrators hearing of the reports.

This is the latest in a growing number of sexual abuse allegations among the Orthodox Jewish community, which for years has attempted to hide these immoral perpetrators from civil prosecutors and thus, avoiding bad publicity for the mostly closed society. Victims - predominantly young boys - have been hesitant to come forward with allegations against their abusers partly because of their religious teachings and also because of intimidation on the part of families close to those accused and church officials, who are still looking to avoid more bad publicity.

An effort by Brooklyn District Attorney Charles Hynes is aimed at rooting out the accused sexual abusers among the Orthodox Jewish community in his borough but at the same time, his office has been accused of siding with church officials who want to shield the accusers from prosecution.

The victims in this latest incident at the Jewish boys' camp in New York initially has all the hallmarks of previous incidents. The Post reports the victims, who have not been reached yet for comments but commented through attorneys and advocates on their behalf, that they are unsure of how to deal with their abuse incidents.

States Pushing Life Insurers on Unclaimed Death Benefits

Mon, 13 Aug 2012 00:00:00 -0400

Loopholes that allow a life insurance company to hold money due to beneficiaries until that person notifies the insurer that a policyholder has died are tightening and, according to a Wall Street Journal report, that means more than $1 billion in unclaimed death benefits could be coming to those benefactors.

The newspaper reports that a Florida woman recently received a check for $7,000 from her deceased father’s life insurance company. That check came nearly a decade after his death and long since she inquired to the company about other policies her father may have held with the company.

At that time, she learned that her deceased father had three other life insurance policies but her initial inquiry a decade ago into those policies was ignored. This case highlights an unfortunate loophole that allows life insurance companies to hold onto premiums paid by a policyholder. The companies are not required to pay out benefits to those they’re due until that beneficiary contacts the company. If this contact is never made, the insurance company holds onto the premium payments and if it eventually stops receiving payments, the company can hold onto the money until a person would have reached their 95th birthday, at which time the company is supposed to turn over those monies to a state’s unclaimed funds accounts.

This loophole has sparked the ire of many state governments and those who believe they’re due payments and were not aware that their relative or spouse’s policy required them to contact the company upon their death. They feel the insurance companies are withholding their payments even though they’re most likely aware of a policyholder’s death.

New requirements in the works for life insurance companies in many states would require them to check the Social Security Administration’s Death Master File, which tracks all deaths recorded in the U.S. A life insurance company often checks this database on a regular basis and streamlines it with its own policyholder rolls to see who among their insured have died. Even if they’ve become aware of a death, if they don’t hear from a beneficiary, they won’t bother to make a payment. They will use that knowledge to discontinue any retirement benefits payments it would have made to a policyholder.

New rules would change that and rather than niggle over every possible case, especially with state governments, insurers are entering into settlement agreements to cover funds due to a number of states’ unclaimed property accounts. A multi-state investigation - led by Florida Insurance Commissioner Kevin McCarty - believes life insurance companies likely owe states more than $1 billion in unclaimed benefits.

In New York, a separate investigation into companies operating in that state have also uncovered a similar pattern in which life insurance companies fail to pay beneficiaries who do not inform the company of a policyholder’s death.

Boy Scout Files Show Failure to Protect Kids from Sexual Predators

Mon, 06 Aug 2012 00:00:00 -0400

Boy Scouts of America continually allowed Scout Masters and other leaders within the organization to prey on children even after they were suspected and “blacklisted” due to allegations of child sexual abuse.

According to an AP report on a Los Angeles Times investigation, the newspaper has uncovered internal documents which show at least 125 cases in which Scout leaders who were put into the organization’s “perversion files” that should have blacklisted them from serving other troops were able to do so because of various errors.

The “perversion files” are used as a background check on all paid and volunteer positions within Boy Scouts of America. The files include cases in which some Scout leaders admitted to being sexually abusive toward children and other cases in which some leaders were suspected of abusing Scouts sexually.

These files were only recently uncovered when former victims of abuse came forward with their allegations. As much as the Scouts has proven to be grounds for child sexual abusers, the organization has been accused as much for allowing the behavior to continue and covering-up cases of suspected abuse.

The investigation included a review of more than 1,200 documents and it revealed a system of behavior and negligence that showed no compassion for the victims. In at least 125 cases, Scout leaders who had already been put on this list were still allowed to move to another troop where they likely met new victims of their sexual abuse.

“Clerical errors, computer glitches, or the Scouts’ failure to check the blacklist” enabled these abusive Scout leaders to move almost freely from one troop to the next. In 50 of the cases discovered through the L.A. Times investigation, the Scouts had originally expelled the abusive leaders but they were able to bypass any background checks when they joined another troop in another location.

In other cases, BSA officials never filed initial allegations against abusive Scout leaders and waited until new allegations were filed, if they ever were.

Detailing some of the cases, the investigation found an incident in which a Scoutmaster was accused of molesting a 14-year-old Scout in Indiana. Despite that Scoutmaster being convicted of that crime in 1970, he was able to join the Scouts organization through troops in Illinois in 1971 and again in 1988. The Scoutmaster has eventually admitted to molesting more than 100 boys and eventually convicted in 1989. He is currently serving a 100-year prison sentence.

In another case, a Minnesota scout leader convicted of abusing a boy in his troop in 1991 was able to freely return to the same troop after he got out of jail.

This investigation follows a recent string of news reports which outline how the Boy Scouts of America acted similarly to other organizations like members of the Catholic Church, the Ultra Orthodox Jewish community, and Penn State University in systematically covering-up patterns of childhood sexual abuse.

Accretive Health Banned from Minnesota Under Settlement

Tue, 31 Jul 2012 00:00:00 -0400

A Minnesota hospital system’s bill collection firm, Accretive Health, must stop doing business in that state and pay a $2.5 million fine as part of a settlement on a lawsuit that claimed it was conducting abusive and intimidating collection practices on patients staying at those facilities.

Accretive Health served as the bill collector for Fairview Health Service, which operates several hospitals in Minnesota and other states. A lawsuit filed against Accretive by Minnesota’s Attorney General Lori Swanson accused the bill collector of abusive and intimidating business practices, including having its employees pose as hospital employees and encounter patients about past-due balances before they received care. In addition, Accrective was accused in the lawsuit of security and privacy breaches with its customers.

According to a report from Minnesota Public Radio, Accretive has agreed to make several concessions as part of a settlement that will stop a criminal investigation against the company. Chief among them is the order that Accretive cease doing business in Minnesota altogether. The company must wrap-up operations by November and is barred from doing business there for at least six years.

Accretive must also pay $2.5 million to a fund that will seek to provide restitution to some customers. The remainder of the money will go to Minnesota’s state Treasury. The company must also surrender all data is has collected on Minnesota patients.

At a press conference announcing the settlement, AG Swanson said, “A hospital emergency room is a high-stress place of trauma, of suffering. It should be a solemn place, not a place to shakedown patients for money. It's good to close the door for Minnesota on this really disturbing chapter in our health care history.”

The two sides of this legal battle have been at loggerheads the entire time since Swanson filed her lawsuit in January. Accretive responded to the settlement terms by saying it was not interested in doing business in a state that was governed by an Attorney General that was not straight-forward in her discussions.

Swanson dismissed those comments and added to the pile of accusations against Accretive, saying the company allowed private information on more than 23,000 Minnesotans to be stolen in a company’s rental car. The car was unlocked in a hospital parking lot and the laptop containing the personal information went missing.

Haitians Allege Abuse at Catholic School in New U.S. Lawsuit

Mon, 23 Jul 2012 00:00:00 -0400

A former student at a Haitian Catholic school says he is among nearly two dozen others who were sexually abused by the school’s director over a decade.

According to a Boston Globe report, the student of Project Pierre Toussaint in Cap-Haitien, Haiti, is joining a federal lawsuit against Rev. Paul E. Carrier and others at that facility which was opened to care for disadvantaged Haitian children are responsible for allowing Douglas Perlitz, the former director there, to sexually abuse them for a period of at least a decade. The lawsuit is filed in U.S. District Court in Connecticut.

Project Pierre Toussaint was created by Fairfield University and Rev. Carrier, who along with others at the university, provided the funding to create it. They appointed Perlitz as its director but the lawsuit claims they ignored obvious signs that the man was a threat to the safety of the children who attended the school. And in the face of allegations, they did nothing to remove him from his position at the school or the school altogether.

The lawsuit states that the 23 former students were subjected to Perlitz’ abuse from a period between 1998 and 2008. The victims at the time were between the ages of 9 and 21, according to the Globe report.

And while those officials at Fairfield University deny the accusations made against them, including the fact that Perlitz was under its employ, but they can not deny that Perlitz is a convicted sex offender. He is currently serving more than 19 years in a prison after admitting in 2010 to sexually abusing eight students at the school.

Carrier says he was unaware of Perlitz’ actions but some of the former students coming forward with these allegations place him at the immediate scenes of crimes and he as a witness to the guilty making arrangements to meet students at night. The report details the allegations: “Carrier, who also served as a director of a non-profit affiliated with Project Pierre Toussaint, saw underage students in Perlitz’s bedroom in Haiti, saw Perlitz show at least one student a pornographic video, and was present at least once when Perlitz arranged a meeting with a boy for later in the evening.”

The Reverend also impeded an investigation into Perlitz’ abuse at least once during this 10-year period. He allegedly stopped meeting a school administrator in Haiti who had previously confronted the guilty director Perlitz. Carrier even allowed Perlitz to deliver Fairfield University’s commencement address in 2003.

One of the Defendants named in the lawsuit, the Society of Jesus of New England, denies any ties to the Haitian school. Carrier was named University chaplain by the Society but said it had nothing to do with Project Pierre Toussaint.

The alleged victims of the sexual abuse at the Haitian school are seeking $20 million in damages each.

Minnesota Benedictine Abbey Named in Fraud Lawsuit for Alleged Child Cover-Up

Fri, 20 Jul 2012 00:00:00 -0400

A Roman Catholic religious order in Minnesota has been named in a lawsuit alleging it knew one of its members was sexually abusing students as far back as the 1950s, yet allowed the predator to continue to teach for decades. The clergy sexual abuse lawsuit, which accuses St. John's Abbey of fraud, was filed by a former student of St. John's Prep School who alleges he was abused by the Rev. Allen Tarlton in the 1980s.

Tarlton taught English at the school, according to a report from the Associated Press. Tarlton has admitted to prior abuse in depositions for other lawsuits, and in 2002 St. John's Abbey removed him from his position as director of the Oblate program. That year, Tarlton was among more than a dozen priests in the abbey facing restrictions because of sexual abuse allegations.

The lawsuit alleges that three abbotts at St. John’s knew of the allegations against Tarlton. According to the complaint, he underwent alcohol and sex offender treatment several times between 1960 and 1983. Yet authorities were never alerted about any allegations made against him. Rather, he was given teaching assignments at St. John's Prep, and at other locations in other states and the Bahamas.

A spokesperson for the Abbey said he could not comment on the lawsuit’s claims. Brother Aelred Senn told the Associated Press that Tarlton is now in his 80s, and hasn't been active in the ministry since 1992. He said the allegations in the lawsuit would be investigated.

The lawsuit against St. Johns Abbey is just one of many to be brought against Catholic dioceses, religious orders, and institutions that have accused the church of covering up child abuse. In the decade since the first major wave of sexual abuse lawsuits were weighed against the Catholic Church in the U.S, it’s become apparent that untold numbers of children were victims of sexual abuse committed by priests working for the church. The church, rather than risking its reputation, opted to keep these issues to themselves. Rather than removing abusive priests, they would be transferred to different churches, allowing them to prey on unknowing parishioners and their children.

Herbicide Shortage Raises Questions

Mon, 16 Jul 2012 00:00:00 -0400

Cotton growers in the Southeast United States are facing a shortage of an herbicide designed to reduce the growth of weeds among their crops has created a stir of controversy among farmers and the companies which manufacture cotton seeds and herbicides.

According to a report from Southeast Farm Press, cotton farmers in that region can not find adequate supplies of Liberty/Ignite herbicide. The herbicide is used in conjunction with the Phytogen Widestrike cotton seed, which has a built-in gene making it resistant to glufosinate, the active ingredient in Liberty/Ignite. If a farmer plants these seeds, they are more than likely forced to use a glufosinate-based herbicide to prevent further damage to their crops caused by weeds. However, supplies are dwindling and many growers have been unable to purchase the proper herbicide.

These herbicides are becoming increasingly difficult to find and although Bayer CropScience, the makers of Liberty/Ignite, says it is working around-the-clock to manufacture more of the product, some farmers believe it is working in collusion to force some companies out of the cotton seed market. Growers who also planted the Stoneville or Fibermax cotton seeds are also having difficulties in finding the correct supplemental herbicide. These seeds contain the LibertyLink gene, also making them resistant to glufosinate.

Bayer denies it is in cahoots with any seed growers to create a shortage of its herbicide and said an increased demand for its product has caused the short supply. It told the source, “Bayer CropScience respects our customers and the difficulties they face fighting weed resistance. We are pleased to offer Liberty herbicide and LibertyLink crops as a solution. We have been working with distribution to proactively align the supply of Liberty herbicide with LibertyLink cotton, soybeans and canola.”

The acreage dedicated to growing cotton in the South has steadily declined in recent years and seed makers are actively pursuing the remaining fields to ensure its seeds are used, leading some farmers to believe the seed makers and herbicide makers are working in collusion to corner the market. Meanwhile, farmers are struggling to prevent weed growth in their fields which threatens the quality of their crop.

Four Indicted in Brooklyn ultra-Orthodox Child Sexual Abuse Case

Mon, 25 Jun 2012 00:00:00 -0400

The Brooklyn District Attorney’s office announced last week that it had obtained indictments against four members of the ultra-Orthodox Jewish community for attempting to pressure witnesses in the criminal case of Nechemya Weberman, 53, who is awaiting trial on charges he sexually abused a teenage girl.

Weberman, who was the alleged victim’s spiritual therapist, is charged with sexually abusing the girl over the course of three years inside his home/office, beginning when she was 12 years old. According to a statement issued by the Brooklyn District Attorney, Abraham Rubin, 48, was indicted on four counts of Bribing a Witness, two counts of Tampering with a Witness in the Fourth Degree and one count of Coercion in the Second Degree. Among other things, the indictment charges Rubin with trying to silence the victim and her boyfriend, who was the outcry witness, and to get them to drop the case by bribing them with $500,000.

In a separate indictment, brothers Joseph, Jacob and Hertzka Berger have been charged with Coercion in the Second Degree. Joseph Berger was also charged with Aggravated Harassment in the Second Degree. Jacob Berger has been additionally charged with Criminal Mischief in the Third Degree. According to the indictment, the defendants threatened to remove the rabbi-issued kosher certification from the restaurant operated by the alleged victim's boyfriend. When he would not cave in to their pressure, Jacob Berger went to the restaurant and physically tore down the certification, the indictment alleges.

If convicted, Rubin faces up to seven years in prison. Joseph and Hertzka Berger each face a year in jail while Jacob Berger faces up to four years in prison if convicted.

Brooklyn’s ultra-Orthodox Jews have long been encouraged by their leaders to take allegations of sexual misconduct to rabbis before they make reports to secular authorities. These new indictments are the first cases to result from the formation of a task force that District Attorney Hynes recently set up to target witness intimidation in the ultra-Orthodox community.

Horace Mann Scandal Renews Calls for Reform of New York Child Sexual Abuse Laws

Wed, 13 Jun 2012 00:00:00 -0400

The inadequacies of New York's laws governing child sexual abuse lawsuits are being made clear, thanks to a new scandal that has erupted around Horace Mann Academy, an elite prep school in the Bronx. According to a report from The New York Times, New York's restrictive statute of limitations requires that the grown victims of child sexual abuse file civil lawsuits by the time they turn 23. But in the Horace Mann cases, instances of molestation committed by teachers against students at the school reportedly occurred 20 to 30 years ago.

The Horace Mann child sexual abuse allegations were revealed in a stunning article published this past weekend in The New York Times Sunday Magazine. Written by a Horace Mann alum, the expose detailed charges that several teachers at the school abused students there in 70s, 80s and 90s. While some teachers were dismissed after alleged misconduct was reported to school officials, at least one was allowed to stay on for years . Horace Mann never reported allegations to the police or to parents. The article, which included interviews with alleged abuse victims, detailed how the lives of some of those students had since been marked by drug and alcohol abuse, failed relationships, and in one case, suicide.

Bronx DA Robert Johnson has established a hotline for former Horace Mann students to report instances of child abuse, but it remains to be seen what good that will do. Even Johnson admits there is not much that can be done to obtain justice for the victims detailed in the Times article. Johnson also told the Times that it’s not even clear whether private schools are covered by laws that require school administrators to report child abuse, as public schools are.

For several years, Queens assembly woman Caroline Markey has sponsored legislation that would extend the deadline for filing child sexual abuse lawsuits until a victim turns 28. Her legislation would also provide a one-time one-year period during which the courts would consider old abuse claims. But so far, the Catholic Church and other powerful group that stand to suffer massive financial losses in such lawsuits have successfully lobbied against it passage.

Many states are already way ahead in this area. According to the Times, some have lifted restrictions on when a lawsuit could be filed, while others allow victims to file whenever they come to understand the harm done to them by childhood abuse, regardless of their age.

The Horace Mann scandal has many child abuse advocates again calling for reform in New York. Assembly woman Markey told the Times that the events at Horace Mann could change the political climate, and make passage of her bill more likely. By taking the focus off the Catholic Church, she said, the Horace Mann debacle has allowed people to see that abuse can occur anywhere.

Markey told the Times that the Horace Mann scandal could be changing the political climate that has prevented passage of the legislation thus far, stating that it has taken the focus off of the Catholic Church, and shown that child abuse can happen anywhere.

Catholic Church Continues Battle Against Changes to Statute of Limitations

Wed, 13 Jun 2012 00:00:00 -0400

The Roman Catholic Church has been fighting state legislation changes around the country, changes that would expand statutes of limitation by creating “windows” in which sexual abuse victims can press charges and bring civil lawsuits against their perpetrators, no matter how long ago the crime occurred or when the deadlines set by the state’s statute of limitation expires.

According to the Mercury News, the Catholic Church has worked hard to defeat measures across the county to open “windows” for victims of child abuse, including legislation in Ohio, Maryland, Colorado, Washington, D.C., New York and Illinois. To date, only Delaware, California, and Hawaii have passed “window” laws that provide victims a one year window in which they can bring civil lawsuits against their abusers, no matter how long ago the crime occurred. When California passed the “window” law 2003, over 550 lawsuits were filed.

Currently, Pennsylvania, New York, Massachusetts, and New Jersey are working to lengthen their respective statute of limitation laws or removed them entirely.

Marci Hamilton, professor at the Benjamin N. Cardozo School of Law at Yeshiva University is quoted as saying that changing the statute of limitations “has turned out to be the primary front for child sex abuse victims.”

Another Sex Abuse Case Sending Shock Waves Through Brooklyn's Ultra Orthodox Community

Mon, 11 Jun 2012 00:00:00 -0400

The trial of an ultra-Orthodox Jewish counselor accused of sexually abusing a young girl begins later this week and it is sharply dividing the largely secretive community.

According to an AP report, Nechemya Weberman stands accused of sexually molesting a young girl sent to him because she had been asking “theological questions” and Weberman, who often counseled other young people at schools he was affiliated with, was considered a good person to get people back on their “spiritual path.”

The girl, who’s now 17, first met Weberman when she was 12 and says she was forced to perform sexual acts with him for several years during their ongoing counseling sessions. The abuse, she claims, caused her young life to spiral further out-of-control, being removed from school and constantly struggling with behavioral issues.

In the ultra-Orthodox community however, sexual abuse is a taboo subject and this is just the latest example of how old religious tradition and culture collides with more a more worldly view. When sexual abuse against children is suspected, members of this community, located mostly in the New York City borough of Brooklyn, are encouraged to first report it to a rabbi. The rabbi is then to investigate the claims and make judgements as they deem necessary. Taking allegations to civil authorities is not encouraged.

However, frustrated with the lack of justice being realized from the religious path to dealing with these allegations has forced more people in the community to turn to civil authorities but that may be causing even more trouble for them.

AP reports the family of the young girl accusing Weberman of years of abuse has been ostracized from the community. On the street, they’ve been taunted and spat upon. The Hasidic Jewish press has proclaimed Weberman innocent prior to the trial and fundraisers have been conducted to pay for his legal bills in fighting the civil charges against him.

In Brooklyn, the local District Attorney Charles Hynes is also facing increasing pressure to bring more members of the ultra-Orthodox community to justice and to identify those who’ve been accused of crimes. He’s been accused of bowing to the pressure from inside the religious community to keep names of those accused out of the public eye.

Some have also accused Hynes of ignoring some cases, the exact same problem that exists inside the community, where elders are believed and respected much more than younger people. Hynes is also accused of being “too cozy” with the most powerful rabbis in the community and is hesitant to bring charges against anyone in the church.

Cancer Stricken Ground Zero Workers Still Waiting for Zadroga Act Decision

Thu, 07 Jun 2012 00:00:00 -0400

A decision on whether or not the Zadroga Act will cover cancer has been put off due to what has been characterized as a “bureaucratic" delay. According to a report from The New York Times, Dr. John Howard, director of the National Institute for Occupational Safety and Health (NIOSH), won't announce his decision on Zadroga Act cancer coverage until later this week or next.

Hundreds of Ground Zero first responders and others in the vicinity believe they were stricken with cancer because of exposure to toxic dust at the World Trade Center site in the wake of the 9/11 terrorist attacks. In the past year, two studies have provided compelling evidence to back up their claims. This past March, a large study conducted by the Mt. Sinai School of Medicine involving 20,000 firefighters, police officers, sanitation workers, construction workers and others who assisted in Ground Zero rescue and recovery activities found a 14 percent increase in cancer rates among responders. Last summer, a Lancet study of New York City firefighters found a 19% increase in cancer overall in those who responded to the 9/11 terrorist attacks.

Cancer was not originally included as a covered illness under the Zadroga Act when it was passed in December 2010. But in March, the World Trade Center Health Program Scientific/Technical Advisory Committee recommended that cancers of the respiratory and digestive system, along with thyroid cancer, breast cancer, ovarian cancer, eye cancer, oral cavity cancer, urinary tract cancer, mesothelioma, melanoma, leukemia, lymphoma, soft tissue sarcomas and all childhood and rare cancers, be deemed covered illnesses.

According to The New York Times, Howard was supposed to make a decision on cancer coverage by last Saturday. But reviews by the Centers for Disease Control and the Department of Health and Human Services prior to its release have pushed the announcement back by at least several days. A spokesperson for NIOSH also told the Times that before any form of cancer can be added to the list of covered illnesses, Howard must get an estimate from the Office of Management and Budget as to how much that decision would cost the government.

Sickened Ground Zero workers and their advocates are anxious for Howard to include cancer on the list of Zadroga Act illnesses this time around. According to the Times, a more Republican balance of power after the next election might make it more difficult to add new covered illnesses to the Zadroga Act, or to or renew the fund.

Accretive Health Responds to Medical Debt Collection Criticism, Seeks Lawsuit Dismissal

Wed, 02 May 2012 00:00:00 -0400

Accretive Health, the nation's largest collector of medical debt, is fighting back against charges that it employs heavy-handed tactics to coerce hospital patients into paying their bills. Yesterday, Accretive filed a motion with a federal court in Minneapolis, seeking dismissal of a a lawsuit filed by the Minnesota Attorney General that alleges the company violated privacy laws.

Accretive charges that the allegations made in the complaint are “factually baseless and legally indefensible.” The company also accuses Minnesota Attorney General, Lori Swanson, of orchestrating "a nationwide media campaign against Accretive Health, giving numerous television and print interviews to trumpet her release of a so-called ‘compliance review.’”

Swanson filed the lawsuit in January to challenge Accretive's work for Minnesota-based Fairview Health Services and North Memorial Health Care. The suit was filed after a laptop containing information on more than 23,000 patients was stolen from the company. Swanson alleges the company violated the Health Insurance Portability and Accountability Act, known as Hipaa, by giving collectors access to patient health records.

Earlier this week, Swanson issued a report detailing Accretive's tactics for collecting debt on behalf of some of its client hospitals. Among other things, the report claims Accretive improperly posted its debt collectors in hospital emergency rooms and at patient bedsides. According to the report, the Accretive representatives “may discourage them (patients) from seeking emergency care at all, even using scripts like those in collection boiler room." The report also said the Accretive debt collectors had access to patient medical records, and were not always distinguishable from actual hospital employees.

A statement issued by Accretive yesterday said the claims made in Swanson's report "grossly distort and mis-characterize” Accretive’s revenue cycle services, and called the bedside collection claims a “flagrant distortion of fact.”

Cancer Stricken Ground Zero Workers a Step Closer to Zadroga Act Coverage

Thu, 29 Mar 2012 00:00:00 -0400

Another important milestone has been reached in the fight to obtain Zadroga Act compensation for cancer stricken Ground Zero first responders. Yesterday, the World Trade Center Health Program Scientific/Technical Advisory Committee voted to recommend that more than 30 different cancers be added to the list of illnesses covered under the Zadroga Act.

"This is round 3 in a 15-round fight," said first-responder and World Trade Center advocate John Feal, founder of the FealGood Foundation, told the New York Daily News. "It’s a victory that they added what they did. By the end, I think the right cancers will be on the list."

The panel voted 14-0 to recommend that "certain" cancers be added to the list of covered illnesses. It then took other, sometimes narrow votes, to determine what types of cancers would be included in its final recommendation.

At the end of the 4 and 1/2 hour meeting, the panel decided to recommend that cancers of the respiratory and digestive system, along with thyroid cancer, breast cancer, ovarian cancer, eye cancer, oral cavity cancer, urinary tract cancer, mesothelioma, melanoma, leukemia, lymphoma, soft tissue sarcomas and all childhood and rare cancers, be deemed covered illnesses. The panel, however, declined to recommend that some other cancers, including brain, prostate and pancreatic cancer, be covered under the Zadroga Act because of a continued lack of scientific evidence.

The Zadroga Act panel has until April 2 to submit its recommendations to National Institute for Occupational Safety and Health (NIOSH) director Dr. John Howard. Howard with then have 60 days to decide which of the panel's recommendations will be adopted.

Sickened Ground Zero workers - some of whom are too ill to work, and lack health insurance - have been pushing to have cancer added to the list of covered illnesses ever since the Zadroga Act was passed in 2010. he Zadroga Act reopened the September 11th Victim Compensation Fund for five years to provide payment for job and economic losses for first responders, those trapped in the buildings, and local residents, who suffered illness or injuries related to the toxic dust. However, cancer victims have not been eligible for Zadroga Act compensation because there was supposedly not enough scientific evidence linking cancer to toxic dust exposure at Ground Zero.

Zadroga Act Help May Soon be Available for Cancer Stricken Ground Zero Workers

Fri, 23 Mar 2012 00:00:00 -0400

The World Trade Center Health Program (WTCHP) Scientific/Technical Advisory Committee, tasked by Congress with making recommendations about which conditions should be covered under the James Zadroga 9/11 Health and Compensation Act's Victim Compensation Fund, could recommend next week that 20 cancers be added to the list of Zadroga Act covered illnesses. A draft committee report posted on the National Institute of Occupation Safety Health (NIOSH) website, and slated to be discussed by the panel next week, recommends that esophagus, stomach, colon, liver, skin, lung, kidney and other cancers be designated Zadroga Act covered illnesses.

Passed in December 2010, the Zadroga Act reopened the September 11th Victim Compensation Fund for five years to provide payment for job and economic losses for first responders, those trapped in the buildings, and local residents, who suffered illness or injuries related to the toxic dust. However, purportedly due to a lack of scientific evidence linking cancer to the toxic dust exposure, the disease was not initially included in the list of covered Zadroga Act illnesses.

Sickened Ground Zero workers - some of whom are too ill to work, and lack health insurance - have been pushing to have cancer added to the list of covered illnesses ever since the Zadroga Act was passed. In the past year, evidence has mounted linking various cancers to toxic dust exposure. Last year, for example, a study of New York City Firefighters found that those exposed to the dust were 19% more likely to suffer from cancer now.

Dr. Philip Landrigan, a dean at the Mount Sinai School of Medicine, testified during a hearing before the panel last month about the findings of a yet-to-be published study by his team that reveals a 14 percent increase in cancer rates among rescue workers, including significant increases in prostate, thyroid and certain blood cancers.

39,921 New York Police Officers, Civilians Worked at Ground Zero following Terrorist Attacks

Fri, 16 Mar 2012 00:00:00 -0400

It has finally been revealed how many New York police officers and civilians worked in rescue and recovery operations at Ground Zero following the 9/11 terrorist attacks. According to the office of Mayor Michael Bloomberg, 39,921 New Yorkers responded to the tragedy at Ground Zero. All of those heroes would have been exposed to toxic dust at the site, and many may already be sick because of that exposure.

According to a report from The New York Post, Mayor Bloomberg's office forwarded the information to a researcher at the Mount Sinai School of Medicine who is study the health of 9/11 first responders. Researcher Phillip Landrigan had repeatedly asked the New York Police Department for the data. Landrigan recently submitted a study to medical journal review which reportedly found a 14 percent increase in cancer rates among rescue workers — particularly prostate, thyroid and certain blood cancers.

That study, the largest of its kind to date, will ultimately be considered by federal officials when they decide whether or not cancer should be covered under the James Zadroga 9/11 Health and Compensation Act’s $2.8 billion Victim Compensation Fund. The advisory panel charged with overseeing the fund could make a recommendation next month on whether or not to name cancer a covered illness. Cancer is currently excluded from Zadroga Act coverage because of supposedly insufficient scientific proof that exposure to the toxic dust at Ground Zero following the 9/11 terrorism attacks is associated with an increased risk of developing the disease.

Last month, at a hearing convened by the panel, Landrigan spoke in favor of cancer coverage.

“I think that we’ve reached a point… [where] we can say with a high degree of certainty that the exposures that the responders experienced down there at Ground Zero and the other World Trade Center sites, we can reasonably anticipate that those exposures are going to cause cancer,” Landrigan said.

Zadroga Act Panel Close to Making Cancer Recommendation

Wed, 14 Mar 2012 00:00:00 -0400

A Zadroga Act advisory panel appears to be close to recommending that some specific cancers be covered by the act. The panel, consisting of 15 people, was set up by Congress and bears the responsibility of reviewing the ever-changing scientific and medical evidence and making recommendations about which conditions should be covered under the James Zadroga 9/11 Health and Compensation Act's $2.8 billion Victim Compensation Fund. Cancer is currently excluded from because of insufficient scientific proof, but the evidence is slowly mounting.

Dr. Philip Landrigan, a dean at the Mount Sinai School of Medicine, testified during the hearing before the panel last month about the findings of a yet-to-be published study by his team that reveals a 14 percent increase in cancer rates among rescue workers, including significant increases in prostate, thyroid and certain blood cancers. Surprisingly, the group had lower levels of common cancers like lung cancer.

The extent of contamination was demonstrated during the hearing when a police uniform that had been contaminated during the early efforts of the 9/11 rescue efforts and sealed around the same time tested positive for numerous cancer-causing chemicals more than 10 years after the nation’s largest terror attacks.

John Feal, founder of the FealGood Foundation, an advocacy group for 9/11 recovery workers, says the link with many types of cancer is too obvious to ignore. You’re playing God right now," he said. "Our fate is in your hands,” he said.

Parker Waichman Won't Abandon Zadroga Act Clients

Tue, 13 Mar 2012 00:00:00 -0400

Parker Waichman LLP has promised not to abandon any first responder who assisted in rescue and recovery operations in the wake of the 9/11 terrorist attacks. Unlike some other law firms, Parker Waichman has vowed to continue assisting sickened Ground Zero workers with Zadroga Act compensation claims, even in cases where the firm is legally prohibited from collecting a fee for those services.

“Many of our clients played an instrumental role in the passage of the Zadroga Act, and they continue to work with us to include Cancer as a covered injury. Just as we have not given up on adding Cancer, we will never give up on any of our clients,” states Matthew McCauley, who is the leading attorney in the WTC/Zadroga group at Parker Waichman LLP and a former NYPD Officer and WTC First Responder. “We are also representing an Air Traffic Controller pro bono who has been excluded from PTSD benefits because he was not physically at a site, despite being in contact with one of the United Airline flights until the end. While it’s true for all of our clients, this group truly exemplifies our belief that it is not just business – it’s personal. We want these first responders to get what they need and justly deserve.”

The Zadroga 9/11 Health and Compensation Act, which became law in December 2010, reopened the September 11th Victim Compensation Fund for five years to provide payment for job and economic losses for first responders, those trapped in the buildings, and local residents, who suffered illness or injuries related to the toxic dust. Sickened Ground Zero first responders who already received compensation under the World Trade Center Toxic Dust Settlement are also eligible for compensation under the Zadroga Act. However, their lawyers aren't able to collect a 10% fee on Zadroga Act recoveries if they have already billed a client a 25% fee for representation in the toxic dust settlement.

According to a report from The New York Post, one large law firm that advertised heavily for business after the Zadroga Act was passed in 2010 has sent a letter to its World Trade Center Toxic Dust Settlement clients, informing those clients it will no longer represent them. “By preventing us to be paid for our overhead and services, it essentially precludes us from representing the interests of our litigation clients” in Zadroga Act claims, the letter states. The law firm in question is said to have collected as much as $200 million in fees from representing Ground Zero responders in the toxic dust settlement.

Parker Waichman has made it clear that it will not be following in that firm's lead. According to Parker Waichman LLP's statement, the firm has a dedicated staff of retired firefighters and policemen waiting to help Zadroga Act claimants. Parker Waichman LLP has vowed to continue to assist any injured or sickened Ground Zero first responder with Zadroga Act claims, regardless of their participation in the World Trade Center Toxic Dust Settlement.

Oil Spill Moratorium Claims Left Out of BP Settlement

Tue, 13 Mar 2012 00:00:00 -0400

BP and the federal government still refuse to pay damage claims from businesses and individuals who've been affected by an oil drilling moratorium in the Gulf of Mexico. The claimants allege the BP oil spill in the spring of 2010 caused the moratorium and as an effect, their businesses or jobs to come to a near complete standstill.

The oil giant and the administrator of a federally-established, BP-funded claims account aren't making that connection when reviewing claims for damages. And a recently drafted $7.8 billion settlement between people who claimed minor and more serious injuries or a loss of work or wages as a result of the oil spill specifically excluded those who have been affected directly by the moratorium.

According to a report from The (New Orleans) Times-Picayune, the losses of thousands of individuals ranging from oil field workers and businesses who supply offshore oil rigs to shipyard workers and beachfront property owners remain losses. Attempts to retrieve damage claims from the BP escrow account established by President Barack Obama and administered by "pay czar" Kenneth Feinberg have been unsuccessful.

The government and BP believe their losses were not directly caused by the oil spill or the explosion aboard the Deepwater Horizon oil rig on April 20, 2010. Instead, their losses are the fault of the federal government's response - the moratorium - to the spill.

Feinberg, according to the report, has identified about 6,000 unsuccessful claims made to the account he's overseeing from those who've been directly affected by the moratorium.

Fee Stipulations Prompt Some Law Firms to Abandon Zadroga Act Clients

Mon, 12 Mar 2012 00:00:00 -0400

Some Ground Zero first responders are apparently being told to go elsewhere if they need assistance filing Zadroga Act compensation claims from the law firms that made millions in fees representing them in the World Trade Center Toxic Dust Settlement. It seems these law firms aren't interested in representing their once lucrative clients, since they won't be able to collect fees on their Zadroga Act claims.

The Zadroga 9/11 Health and Compensation Act, which became law in December 2010, reopened the September 11th Victim Compensation Fund for five years to provide payment for job and economic losses for first responders, those trapped in the buildings, and local residents, who suffered illness or injuries related to the toxic dust. Sickened Ground Zero first responders who already received compensation under the World Trade Center Toxic Dust Settlement are also eligible for compensation under the Zadroga Act. However, their lawyers aren't able to collect a 10% fee on Zadroga Act recoveries if they have already billed a client a 25% fee for representation in the toxic dust settlement.

According to a report from The New York Post, one large law firm that advertised heavily for business after the Zadroga Act was passed in 2010 has sent a letter to its World Trade Center Toxic Dust Settlement clients, informing those clients it will no longer represent them. “By preventing us to be paid for our overhead and services, it essentially precludes us from representing the interests of our litigation clients” in Zadroga Act claims, the letter states.

John Feal, an advocate for sickened Ground Zero responders, called the letter “disturbing and appalling,” pointing out that this particular firm made about $200 million representing clients in the toxic dust settlement. Feal told the Post that clients had been repeatedly led to believe that the law firm in question would continue to represent them, and he asserted that the firm has an obligation to represent those clients pro bono.

Not all law firms, however, see the Zadroga Acts fee stipulations as a reason to abandon their Zadroga Act clients. The national law firm of Parker Waichman LLP, for one, has promised to stand by the Ground Zero responders, and will continue to represent them in both World Trade Center Toxic Dust Settlement and Zadroga Act claims.

Novartis Agrees to Settle Drug Rep Overtime Lawsuit

Thu, 26 Jan 2012 00:00:00 -0500

After six years of litigation, Novartis Pharmaceuticals Corp. has agreed to pay $99 million to settle a class action lawsuit brought on behalf of pharmaceutical sales reps who allegedly were illegally denied overtime pay for working more than 40 hours per week. The deal has been tentatively approved by U.S. District Judge Paul Crotty in Manhattan. However, the Novartis overtime settlement is still subject to final approval, and a fairness hearing has been scheduled for May 31.

The lawsuit is one of several filed in recent years by pharmaceutical sales reps, including those working for GlaxoSmithKline, Johnson & Johnson, Bristol-Myers Squibb Co. and a unit of Merck & Co. It has long been standard practice for drug makers to avoid paying overtime for pharmaceutical sales representatives by classifying them as commissioned outside sales people, or administrative personnel, both categories that are exempt from the Fair Labor Standards Act's (FLSA) overtime requirements.

The Novartis sales rep had argued in their lawsuit that they did not qualify as outside sales reps. The lawsuit was originally filed in 2006, but a New York trial judge had agreed with Novartis' contention that the sales representatives did fall under FLSA overtime exceptions for outside salespeople and administrative workers. But in July 2010, the Second Circuit Court of Appeals overturned that ruling. The lawsuit moved forward last year, after the U.S. Supreme Court refused to hear Novartis' appeal of the Second Circuit ruling.

According to a Reuters report, the sales reps impacted by the proposed Novartis settlement worked for the drug maker between 2002 and 2007, and from Jan. 25, 2009, to the present. Payouts will vary based on length of employment and compensation, and on how many plaintiffs choose to take part in the settlement

The U.S. Supreme Court is soon to take up another drug sales rep overtime case, this time involving some 90,000 current and former sales representative for GlaxoSmithKline. The Ninth Circuit Court of Appeals has already ruled that the Glaxo reps are exempt from FLSA overtime requirements.

IRS Tax Whistlblower Gets Record $104 Million Award

Sun, 01 Jan 2012 00:00:00 -0500

A former executive at the Swiss bank UBS AG has been awarded $104 million by the Internal Revenue Service for acting as a whistleblower exposing rampant tax fraud.

According to a Christian Science Monitor report, Bradley Birkenfeld will receive his award for stepping forward, partially accepting blame for his role in the tax fraud at UBS, and potentially leading to thousands more tax evasion cases. The $104 million award represents the largest sum ever awarded by the IRS in a whistleblower case.

Birkenfeld recently concluded a two-and-a-half-year sentence at a federal prison in rural Pennsylvania and learned this week that he will be entitled to the whistleblower award. He was convicted on crimes that he helped one of his clients at UBS to conceal information that would have forced him to pay taxes to the U.S. government.

The IRS has fined UBS a total of $780 million and the Swiss bank must now turn over documents related to potentially thousands more cases of tax fraud among people who have accounts at the foreign institution, all as part of the settlement agreement on the whistleblower lawsuit.

An attorney representing Birkenfeld said the IRS’ decision to award such a large amount of money to a whistleblower should provide impetus for others to come forward with their knowledge in other tax evasion crimes. This award is the result of a 2006 law that rewards whistleblowers to come forward with examples of large-scale tax evasion, totalling at least $2 million in owed back taxes.

Sen. Charles Grassley (R-Iowa) told Christian Science Monitor that the IRS now has an obligation to pay this award quickly to encourage others to come forward. He said since the law was passed more than five years ago, the government’s tax collection agency has been sluggish in rewarding whistleblowers for the information.

He said, “The potential for this program is tremendous, and it's up to the IRS to continue paying rewards and demonstrating to whistleblowers that the process will work and that they will be heard and protected.” He added that Birkenfeld’s disclosures made in the whistleblower complaint will eventually lead to billions of dollars being collected in unpaid taxes to the IRS.

The IRS told the source that Birkenfeld’s “comprehensive information” was “exceptional … in its breadth and depth.”

Abercrombie Fitch, Hollister Hit with Gift Card Lawsuits

Thu, 29 Dec 2011 00:00:00 -0500

Two major clothing retailers face class-action lawsuits alleging they dishonored their own gift card promotions following the 2009 Christmas holiday season.

According to separate reports at TopClassActions.com, Hollister Co. and Abercrombie & Fitch each held promotions during the holiday shopping season of 2009, offering “free” $25 gift cards to customers who spent more than $100 at their stores during a given visit. In fact, a $25 gift card was offered to consumers for every $100 worth of merchandise they purchased. These gift cards had an extra perk, they purportedly had no expiration date.

For thousands of people who took advantage of the promotion, spending the money at the stores then receiving the $25 gift cards, they soon learned the promotion was mostly a scam. They were encouraged to spend more at the stores than they may have originally planned (for example, spending an extra $20 to reach a new $100 plateau just to receive the promoted gift card).

Presumably, the consumers who purchased enough merchandise at these stores would give these gift cards as an additional gift or as a gift to someone else.

In each case, the retailers voided those $25 gift cards after Jan. 30, 2010, about a month after they were likely given as gifts. The stores either eliminated the total worth of the card or the remaining balance on it, despite promoting the cards as having “no expiration date.”

The class-action lawsuit against Hollister is filed in Circuit Court of the 18th Judicial Circuit of Illinois but states no restrictions on who can be considered part of the class. The legal action accuses the retailer of breach of contract because it devalued the gift cards offered through the promotion. It seeks “actual damages, court costs, prejudgement interest and other relief” for consumers included in that class.

The lawsuit against Abercrombie & Fitch is currently limited to Ohio consumers who made purchases before the Christmas 2009 promotion expired. According to the report on this lawsuit, the gift cards offered at Ohio A&F stores specifically state they have “no expiration date” but because the retailer voided the credit included on the card after a specific date just a few months after they were awarded, it is “impossible for [Class Members] to receive the benefit of their bargain.”

Abercrombie & Fitch is accused of violating Ohio’s Consumer Sales Practices Act in the lawsuit and it seeks “compensatory damages, punitive damages, attorney fees and other relief” for those who took part in the promotion.

The lawsuit was filed in Ohio, where the retailer is located. It was filed initially by Beth Seaver, of Richfield, Ohio, who spent more than $300 at an A&F store in December 2009 and for her purchase she received three separate $25 gift cards.

The store’s gift card policy is printed on the back of each card and the last sentence in that policy on these specific cards indicates they have “no expiration date.”

Judge Grants Parker Waichman LLP Motion to Remand Marlboro Lights Cigarette Lawsuit

Tue, 13 Dec 2011 00:00:00 -0500

A federal judge has granted Parker Waichman LLP's motion to suggest that a light cigarette class action lawsuit it filed on behalf of a New York man be remanded back to U.S. District Court for the Eastern District of New York. The lawsuit, Bryant Tang vs. Philip Morris, USA, alleges purchasers of Marlboro Lights suffered economic damages as a result of misrepresentations made by Philip Morris and Altria Group about the cigarettes.

The Tang lawsuit was one of several consolidated in a multidistrict litigation before John A. Woodcock, Jr., Chief District Judge for the U.S. District Court, District of Maine. On November 24, 2010, Judge Woodcock denied class certification to four test cases submitted in the multidistrict litigation, finding non-commonality. Defendants then sought to apply Judge Woodcock's ruling to dismiss complaints remaining in the multidistrict litigation, including the Tang lawsuit.

Parker Waichman LLP opposed the dismissal and moved to have the Tang lawsuit remanded back to the Eastern District of New York, asserting that Section 349 of New York State's General Business Law provides a common element of damages applicable to all New York class members.

In an order issued yesterday, Judge Woodcock refused to dismiss any of the remaining lawsuits. He also granted the Parker Waichman LLP’s Motion to Suggest Remand of the Tang lawsuit to the Eastern District of New York. The final decision on whether to remand the complaint will be made by the U.S. Judicial Panel on Multidistrict Litigation.

85 Arrested in Orthodox Jewish Child Sexual Abuse Investigation

Mon, 12 Dec 2011 00:00:00 -0500

A three-year investigation into child sexual abuse in the Orthodox Jewish community is paying off, according to the Brooklyn District Attorneys office. Since the project, known as Kol Tzedek, was launched in 2009, 85 alleged child molesters have been arrested.

According to The New York Post, Kol Tzedek has also resulted in:

•    117 victims: 89 under age 17, the rest up to age 23, when the statute of limitations expires
•    47 cases pending; 38 closed
•    14 offenders sentenced to jail, from a month to 10-to-20 years
•    24 free—on probation, after pleading to lesser charges or after cases were dismissed.

Kol Tzedek is Hebrew for “voice of justice. The aim of the program is to convince child sexual abuse victims to come forward, even though the Orthodox Jewish community has long exerted pressure on victims to stay quiet about their abuse. Ultra-orthodox rabbis enforce a rule that prohibits reporting fellow Jews to secular authorities. Coming forward can result in an entire family being made outcasts.

“The first thing they say almost every time is, ‘Please don’t tell anybody. I don’t want to go public. Make sure this never goes to the press,’ ” Henna White, the Orthodox Jewish liaison for the Brooklyn DA's office, told The New York Post. “I can’t begin to tell you how important that is.”

Sadly, dismissals often came after victims and their parents bowed to immense community pressure to stop cooperating with law enforcement, White said.

New York Life Insurance Probe Yields $52 Million in Unpaid Benefits

Tue, 06 Dec 2011 00:00:00 -0500

Since being ordered by New York state regulators to use Social Security death data to identify deceased policyholders, life insurance companies doing business in New York have paid more than $52 million in previously unpaid death benefits to nearly 8,000 beneficiaries.   The order, issued over the summer, was part of an investigation launched by the state Department of Financial Services into the handling of unpaid death benefits.

"Our inquiry has already resulted in nearly 8,000 people receiving more than $52 million that was due them, and that is just the beginning. Our findings clearly show that matching life insurance policies against a comprehensive list of recent deaths is essential to ensure that all beneficiaries receive the benefits they are owed," Financial Services Superintendent Benjamin M. Lawsky said in a statement. "And the fact that some life insurers are already using the lists for this purpose and have paid out hundreds of millions of dollars proves it can and should be done. With the initial 8,000 matches resulting in $52 million for beneficiaries, even if a small percentage of the one million preliminary matches result in payments, the total amount of payments could be huge.”

The earliest year of death for which a benefit payment has been made thus far is 1970, and the largest benefit payment made thus far is $673,485. Insurers are required to pay interest on delayed payments. The payout figure includes 1,209 payments totaling $16.9 million made to New York payees, the statement said.

In addition to the payouts, life insurers have initiated claims processing for payments to 27,889 other matches, the statement said.

Insurance companies use a Social Security database called the "Death Master File" to cut off payments to deceased policyholders, but do not utilize this tool to ensure that unclaimed death benefits go to their rightful beneficiaries. Over the summer, the New York Insurance Department ordered 172 companies to start cross-checking against lists of policyholders to determine when benefits are due.

Over the past year, life insurance companies have faced scrutiny from regulators in New York and elsewhere over their handling of unpaid death benefits. In November, the New York State Attorney General's Office and the State Comptroller announced the launch of a state investigation into such practices, after their offices uncovered data that indicated that millions in insurance death benefit funds may have been improperly withheld from beneficiaries.   The announcement came after Attorney General Eric Schneiderman subpoenaed nine large insurance companies, including AXA SA, Genworth Financial Inc, Guardian Life Insurance Co of America, Manulife Financial Corp, Massachusetts Mutual Life Insurance Co, MetLife Inc, New York Life Insurance Co, Prudential Financial Inc, and TIAA-CREF, over the summer.

Meanwhile, Florida is chair of a multi-state National Association of Insurance Commissioners (NAIC) task force investigating life and annuity claims practices. The primary charge of the task force is to coordinate the activities of state insurance regulators in pursuing investigations / settlements regarding possible unfair claims practices. Other states on the task force include California, Iowa, Louisiana, North Dakota, New Jersey, New Hampshire, Pennsylvania and West Virginia.

Parker Waichman LLP Representing Stranded JetBlue Passengers in Class Action Lawsuit

Mon, 28 Nov 2011 00:00:00 -0500

Parker Waichman LLP is representing three JetBlue passengers who were stranded on the tarmac for up to 7 1/2 hours when several JetBlue flights were diverted to Bradley International Airport in Hartford, Connecticut during a snowstorm that hit the Northeast on October 29. The JetBlue class action lawsuit, which was filed in U.S. District Court for the Northern District of New York, seeks to represent any JetBlue passenger who was stuck on the tarmac as a result of the airline's diversions that day.

According to the complaint, the three lead plaintiffs named in the lawsuit were subjected to intolerable and inhumane conditions, including rolling blackouts and malfunctioning toilets that backed up and would not flush. Crews on the affected flights also ran out of potable water and food for passengers. According to Syracuse.com, one of the lead plaintiffs claims to suffer "from anxiety, depression and claustrophobia," the lawsuit says. She was unable to get to anti-anxiety and anti-depression medications which were in her stowed luggage.

Six JetBlue flights were among roughly 23 diverted to Bradley on October 29. In some case, passengers were unable to deplane for up to 7 1/2 hours. The federal "Airline Passengers Bill of Rights" limits tarmac delays to 3 hours, and airlines can be fined $27,500 per passenger for a delay longer than that. The U.S. Department of Transportation (DOT) is currently investigating the JetBlue tarmac delays at Bradley, as well as some involving American Airlines.

The JetBlue lawsuit alleges violations of New York's Unfair and Deceptive Trade Practices Act, false imprisonment, negligence and negligence per se, and negligent infliction of emotional distress. The complaint seeks declaratory and injunctive relief on behalf of the plaintiffs and all members of the proposed Class.

True Facts in Penn State Sandusky Child Abuse Scandal Could be Revealed Through Victims' Lawsuits

Fri, 18 Nov 2011 00:00:00 -0500

With so many questions unanswered in the Jerry Sandusky Penn State child sexual abuse scandal, civil lawsuits may be the only way the full truth will ever come to light. According to a report from the Associated Press, the University, former head coach Joe Paterno and others involved in the Sandusky debacle could all face varying legal problems in civil court, depending on the evidence produced during discovery.

In civil litigation, discovery generates much more information than in a criminal trial, because defendants are not guaranteed a right against self incrimination. The broad discovery rules could reveal more about what Paterno and others at Penn State knew about Sandusky's alleged conduct, and exactly when they knew it.

Penn State already seems to be bracing for the coming legal onslaught. According to the Associated Press, the university Board of Trustees has hired a high-powered Pittsburgh law firm. But some legal experts contend that, considering the types of damning information that could be revealed by civil discovery, Penn State might be willing to discuss settlement with alleged Sandusky victims to avoid going to court.

"You're going to see everybody pointing at somebody else to try and get themselves out of it,", a Philadelphia lawyer who has who has represented victims of sexual abuse at the hands of Catholic Priests, told the Associated Press. "When you've got 19, 20 kids coming out, saying 'He did it, he did it,' I don't understand why anyone at Penn State in their right mind would say, 'Let's fight this."

"New facts are going to come out, I'm sure, in the civil litigation," a second attorney said. "It's one of the reasons that Penn State and the other potential defendants may decide to do whatever they can to prevent that from happening, and people going under oath. It's very dangerous."

Sandusky, a former assistant coach at Penn State, was indicted earlier this month on charges that he sexually abused 8 children over a period of 8 years. Two former Penn State officials were also arrested on charges of perjury and for failing to report on alleged incident of abuse that occurred on the university's main campus to authorities. Paterno, who served as Penn State head football coach for 46 years, was fired by the Board of Trustees last Wednesday, as was university president Graham Spanier.

According to a grand jury report released by Pennsylvania investigators earlier this week, Paterno, 84, heard a graphic retelling in 2002 from a then-graduate assistant coach of an alleged incident of child sexual abuse committed by Sandusky in the shower of the Penn State football building. Though Paterno reported the allegation to his superiors, he did not pursue the matter further. Those superiors spoke to Sandusky, and banned him from bringing children onto the Penn State main campus (though Sandusky himself was not banned from campus, and he was also allowed to run a youth football camp at a satellite campus for another six years).

Sandusky came into contact with the children through his Second Mile Foundation charity, and some of the alleged abuse incidents occurred on the Penn State campus.

Pennsylvania state law enforcement officials said that while Paterno had met his legal obligation in alerting his superiors, he failed on a moral level by not doing more. The same officials also charged that inaction on the part of Penn State University allowed more children to become victims of abuse at the hands of Sandusky.

Guatemala Research Victims Sue U.S. Government

Tue, 15 Nov 2011 00:00:00 -0500

Last week, a group of plaintiffs filed suit against the U.S. government in a bid to obtain compensation for allowing government-paid scientists to intentionally infect Guatemalan citizens with syphilis and other sexually transmitted diseases in the 1940s. According to The Washington Times, the lawsuit seeks to represent unknown numbers of other Guatemalans who have yet to be identified but were injured by the experiments, which ran from 1946 to 1948, and possibly to 1953.

The Guatemalan experiments came to light last October, prompting an apology from President Obama. Those experiments were conducted by doctors from the U.S. Public Health Services between 1946 and 1948. The research, the aim of which was to determine whether taking penicillin after exposure could prevent sexually transmitted diseases, was led by John C. Cutler, who also helped coordinate "Tuskegee Experiment." Dr. Cutler detailed the Guatemalan experiments in papers that were discovered last year in the University of Pittsburgh archives by a Wellesley College researcher.

Of 5,500 Guatemalan prison inmates, psychiatric patients, soldiers, commercial sex workers, orphans and school children involved in the research, researchers deliberately exposed about 1,300 inmates, psychiatric patients, soldiers and commercial sex workers to sexually transmitted diseases syphilis, gonorrhea or chancroid. At least 83 Guatemalan subjects died, although the exact relationship between the experimental procedures and the subject deaths remains unclear. Consent was never obtained from any of the research subjects, and in some instances, the illnesses with which they were infected were not treated.

A presidential commission has concluded that Dr. Cutler and his team must have been fully aware of the ethical implications of their Guatemalan studies. They pointed out that the same researchers had conducted similar experiments that involved intentionally exposing prison inmates to gonorrhea in Terre Haute, Indiana, in 1943. The scientists did take proper steps to obtain consent from those subjects.

The U.S. government must respond to the lawsuit by January 9, but so far, has not commented on the complaint.

"Just like Tuskegee, there was no remedy [for the victims] until they filed a class-action" lawsuit, attorney Piper Hendricks, of the law firm Parker Waichman LLP, told the Times. "We're following that pattern again, and hoping to have a positive response from the government sooner, rather than later."

Despite Promise to Retire, Penn State Fires Paterno for Handling of Sandusky Child Sex Abuse Scandal

Thu, 10 Nov 2011 00:00:00 -0500

Former Penn State head football coach Joe Paterno's much-vaunted career has come to an abrupt end. Last night, the Penn State University Board of Trustees made the stunning announcement that it had fired Paterno, along with university president, Graham Spanier, over their handling of child sex abuse allegations against former assistant coach Jerry Sandusky.

According to a grand jury report released by Pennsylvania investigators earlier this week, Paterno, 84, heard a graphic retelling in 2002 from a then-graduate assistant coach of an alleged incident of child sexual abuse committed by Sandusky in the shower of the Penn State football building. Though Paterno reported the allegation to his superiors, he did not pursue the matter further. Those superiors spoke to Sandusky, and banned him from bringing children onto the Penn State main campus (though Sandusky himself was not banned from campus, and he was also allowed to run a youth football camp at a satellite campus for another six years).

In the wake of the report's release, Paterno tried to calm the growing furor prompted by his role in the debacle by announcing his retirement at the end of this season. But the Board of Trustees, which was reportedly planning Paterno's exit, did not allow him to control the timing of his departure.

"The university is much larger than its athletic teams," board vice chair John Surma said during a packed press conference last night.

“I am disappointed with the Board of Trustees' decision, but I have to accept it. A tragedy occurred, and we all have to have patience to let the legal process proceed. I appreciate the outpouring of support but want to emphasize that everyone should remain calm and please respect the university, its property and all that we value," Paterno said in a statement reacting to the announcement.

Some of that "support" included rioting among some Penn State students in State College, Pennsylvania, last night. According to various media reports, angry students flipped over a television van, knocked a lamppost onto a car, threw toilet tissue and rocks at police and set off fireworks.

Sandusky, who retired from his position with Penn State at the end of the 1999 football season, but maintained an office at the university's main campus until 2007, was indicted last week for allegedly abusing 8 boys over a period of 15 years. Sandusky came into contact with the children through his Second Mile Foundation charity, and some of the alleged abuse incidents occurred on the Penn State campus.

Two Penn State officials, athletic director Tim Curley, and Gary Schultz, PSU's senior vice president for finance and business, were arrested this week and charged with perjury and failure to report to authorities what they knew of the allegations, as required by state law in Pennsylvania. Both have resigned their positions with the university.

Earlier this week, Pennsylvania state law enforcement officials said that while Paterno had met his legal obligation in alerting his superiors, he failed on a moral level by not doing more. The same officials also charged that inaction on the part of Penn State University allowed more children to become victims of abuse at the hands of Sandusky.

Paterno, the winningest coach in college football, had served as Nittany Lion's head coach for 46 years. Up until this point, he was among the most well-respected coaches in the sport, and had a reputation for upholding the highest in ethics and integrity.

Joe Paterno Announces Retirement, as Penn State Child Abuse Scandal Grows

Wed, 09 Nov 2011 00:00:00 -0500

Penn State head football coach Joe Paterno is on his way out. The venerated coach announced his retirement today, saying in a statement that his 46-year tenure as the Nittany Lions' head football coach would end at the close of this coming season

According to The New York Times, the Penn State University Board of Trustees was already planning Paterno's exit within days or weeks, after the Nittany Lions coach came under scathing criticism for his handling of child sexual abuse allegations against former assistant coach, Jerry Sandusky.

In his statement, Paterno appeared to be pleading with the board to allow him to stay on as head coach until the end of the 2011 season.

"At this moment the Board of Trustees should not spend a single minute discussing my status. They have far more important matters to address. I want to make this as easy for them as I possibly can," the statement read.

Sandusky, who left his position as an assistant coach with Penn State at the end of the 1999 season, but maintained an office at the university's main campus until 2007, was indicted last week for allegedly abusing 8 boys over a period of 15 years. Sandusky came into contact with the children through his Second Mile Foundation charity, and according to the report, some of the alleged abuse incidents occurred on the Penn State campus.

According to a grand jury report released by Pennsylvania investigators earlier this week, Paterno, 84, heard a graphic retelling in 2002 from a then-graduate assistant coach of an alleged incident of child sexual abuse committed by Sandusky in the shower of the Penn State football building. Though Paterno reported the allegation to his superiors, he did not pursue the matter further. Those superiors spoke to Sandusky, and banned him from bringing children onto the Penn State main campus (though Sandusky himself was not banned from campus, and he was also allowed to run a youth football camp at a satellite campus for another six years).

Two Penn State officials, athletic director Tim Curley, and Gary Schultz, PSU's senior vice president for finance and business, were arrested this week and charged with perjury and failure to report to authorities what they knew of the allegations, as required by state law in Pennsylvania. Both have resigned their positions with the university.

Earlier this week, Pennsylvania state law enforcement officials said that while Paterno had met his legal obligation in alerting his superiors, he failed on a moral level by not doing more. The same officials also charged that inaction on the part of Penn State University allowed more children to become victims of abuse at the hands of Sandusky.

Calls have been increasing for both Paterno, and Penn State University President Graham Spanier, to either resign or be fired. Last night, the Penn State University Board of Trustees held an emergency conference call that went late into the night, and later issued a statement saying it was "outraged by the horrifying details” in the grand jury’s report. The board promised “swift, decisive action, and will appoint a special committee during its regular meeting to conduct an investigation into the incident.

Paterno, the winningest coach in college football, has served as Nittany Lion's head coach for 46 years, and is practically worshipped at Penn State. Part of this, ironically, is because he is also regarded as one of the sports most ethical coaches, and the Nittany Lions football program has never been accused of committing any recruiting violations or cheating in any way during his tenure.

New York Officials Target Life Insurance Companies over Unpaid Death Benefits

Mon, 07 Nov 2011 00:00:00 -0500

New York State is intensifying its probe of life insurance companies and their handling of unpaid life insurance death benefits. Late last week, the New York Attorney General and Comptroller announced they would join investigations they started over the summer to make sure that life insurance companies keep promises to beneficiaries and to the state.

New York is just one of several states looking into this issue. Florida, for example, is chair of a multi-state National Association of Insurance Commissioners (NAIC) task force investigating life and annuity claims practices. The primary charge of the task force is to coordinate the activities of state insurance regulators in pursuing investigations / settlements regarding possible unfair claims practices. Other states on the task force include California, Iowa, Louisiana, North Dakota, New Jersey, New Hampshire, Pennsylvania and West Virginia.

Insurance companies use a Social Security database called the "Death Master File" to cut off payments to deceased policyholders, but do not utilize this tool to ensure that unclaimed death benefits go to their rightful beneficiaries. Death Master lists all Americans who have died. Life insurers are generally required to pay claims after being notified of a policyholder’s death and receiving a valid death certificate. In cases were they can't find a beneficiary, some states require payments be turned over to unclaimed property funds.

But in a statement released last week, New York Attorney General Eric T. Schneiderman and State Comptroller Thomas P. DiNapoli said their individual investigations uncovered data that indicated some live insurance death benefit funds may have been improperly withheld from beneficiaries. Over the summer, Scheiderman's office subpoenaed nine large insurance companies, including AXA SA, Genworth Financial Inc, Guardian Life Insurance Co of America, Manulife Financial Corp, Massachusetts Mutual Life Insurance Co, MetLife Inc, New York Life Insurance Co, Prudential Financial Inc, and TIAA-CREF. The Comptroller’s Office began an independent review of life insurance companies using new data-matching methods.

"Together, our offices will undertake the largest and most comprehensive investigation of life insurance practices in the country," Schneiderman said in a statement announcing the investigation.

Ground Zero Rescue, Recovery Workers to Begin Filing Zadroga Act Claims

Thu, 03 Nov 2011 00:00:00 -0400

Ground Zero rescue workers and others eligible for compensation under the Zadroga Act can now register with the 9/11 Victim Compensation Fund. The fund will remain open for five years to provide payment for job and economic losses suffered by World Trade Center first responders, those trapped in the buildings, and local residents who suffered illness or injures related to the toxic dust.

The 9/11 Victim Compensation Fund reopened for registration on October 3, and could begin accepting claims for compensation as early as the end of November. The Eligibility portion of the claim forms became available online at the end of October 2011 (paper form is also available for those without internet access). Sometime around the end of November 2011, the Compensation portion of the form will be available.

Claimants who currently suffer from a covered condition have until Oct. 3, 2013 to file a claim, and others will have two years from the date on which they know or should have known of the condition for which they seek compensation until the Fund stops accepting claims in 2016.

The Zadroga Act, which among other things provides funding for health care for sickened Ground Zero responders, was passed by the U.S. Congress last December. While disorders such asthma, interstitial lung disease and mental illnesses such as post-traumatic stress disorder are eligible for compensation, cancer is still not a covered ailment. Over the summer, the federal government decided exclude cancer victims for now, after a National Institute for Occupational Safety and Health (NIOSH) review of scientific evidence purportedly found “very little” evidence of a link between cancer and the toxic dust cloud that enveloped and then blanketed much of lower Manhattan in the wake of the attacks. The decision will stand until at least 2012, when NIOSH will conduct its next review.

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