December 2008
- From Robert’s Desk: YES WE CAN
- VIOXX Settlements
- What Exactly is ADR?
- Preventable Identity Theft is a Civil Matter
- Reflex Sympathetic Dystropy
- Meet the Newest Member of our Legal Team
- The 10 Worst Insurance Companies
- Recent Settlements
From Robert's Desk: YES WE CAN
America voted for change. Democrat Barack Obama was elected the 44th President of the United States by an overwhelming 52% to 46% of the popular vote . The resounding message: We Want Change! We are tired of rich corporations getting richer and working, taxpaying Americans left with the bailout bill, foreclosures and an unending war. Congratulations Barack Obama, you deserve credit for the outstanding issue oriented campaign.
The White House will be occupied with a real first family who understands the problems this country faces and will move quickly with the Democratic Congress to address the current economic and international mess. Let’s help President Obama become a great President.
ECONOMIC HARDSHIP
As the economic house of cards comes crashing down, many of you will be laid off, terminated or your employer will close its doors and leave town. Remember, if you have suffered an on the job injury and get laid off, terminated or your employer sells out or closes, you may be able to re-open your old workers’ compensation claim. Hill Boren is making an effort to educate workers in West Tennessee about their legal rights when they lose their job or their employer closes their plant.
SOCIAL SECURITY OPTIONS
Disabled employees who find themselves “unemployed” but unable to go to another job because of their disability or restrictions, can investigate Social Security Disability (DIB) by calling Hill Boren. We will provide you with a free evaluation of your chances to get disability.and government agencies for further action.
Meet the Newest Member of our Legal Team
Attorney Laura Bailey recently joined the Hill Boren Law Firm as the Director of Research and Appeals in our Jackson office.
A native of Germantown, Tennessee, Laura graduated Cum Laude with a Bachelors of Arts in Psychology from the University of Tennessee in Knoxville in December 2003. While attending UTK, Ms. Bailey frequently appeared on the Dean’s List and was a member of the Phi Kappa Pi National Honor Society. She continued her education at the University of Memphis, Cecil C. Humphreys School of Law where she received her Juris Doctor in May 2008.
Ms. Bailey began her law career in the General Sessions Court of Memphis, Tennessee where she assisted attorneys with case research and preparation. She also assisted at the Law Office of Gail Mathes as a Law Clerk.
She has been admitted by the Tennessee Supreme Court to practice law in Tennessee. She is a member of the Tennessee Association of Justice with additional memberships in their Medical Malpractice Litigation and Young Lawyers groups.
Laura enjoys exploring her new surroundings in Jackson and traveling in her spare time. She is a UT football and UT Memphis basketball fan. Laura is an avid skier and loves spending time with her chocolate lab Otis.
Preventable Identity Theft is a Civil Matter
By: Jeffrey P. Boyd
These days, all one has to do is pick up the newspaper or watch the evening news to hear another story about massive consumer identity theft. In certain instances, these situations may give rise to civil liability which can include damages to compensate the victims not only for the monetary loss, but also the enduring damages incurred into the future.
What To Do If You Are A Victim
Despite your best efforts to protect yourself, you have become a victim. Now what? The following steps should be taken immediately to best insure your protection.
Record Keeping
In the process of resolving the theft of your identity, be sure to keep records of all correspondence with the creditors and government agencies you contact. Include the date and name of contact. Follow up all telephone contacts with a letter and keep a copy.
Creditors
Notify all creditors and financial institutions in writing and by phone that your name and accounts have been used without your permission. If an existing account has been stolen, ask the creditor or bank to issue you new cards, checks and account numbers. Carefully monitor your account activity on your statements. Report fraudulent activity to the issuing company immediately. The Fair Credit Billing Act (FCBA) is a federal law that limits a consumer's responsibility for fraudulent charges up to $50.
Local Law Enforcement
Immediately report the crime to local police. Provide them with as much documentation as possible. Make sure that the accounts are listed on the police report. Also, get a copy of the police report. Credit card companies, banks and credit reporting agencies may require you to show a police report to support your claim that a crime was committed.
Federal Law Enforcement
Report the crime to the Federal Trade Commission (FTC). The FTC collects complaints about identity theft from consumers and stores them in a secure online database called the Consumer Sentinel that is available to law enforcement agencies worldwide. The FTC provides information on ways to resolve problems resulting from identity theft and refers individuals to various private and government agencies for further action.
Federal Trade Commission
Consumer Response Center
600 Pennsylvania Avenue, N.W.
Washington, DC 20580
1.877.IDTHEFT
www.consumer.gov/idtheft/
The Credit Reporting Agencies
Contact the fraud units of the three credit reporting agencies: Equifax, Experian and Trans Union. Ask them to place a fraud alert on your credit report to help prevent new fraudulent accounts from being opened. Keep track of when it expires so you can ask for another one if necessary. However, not all creditors check your credit report before issuing a new account.
As an ID fraud victim, you are entitled to a free copy of your credit report. Also, ask the agencies for a copy of your credit report every three months once you have become a victim. This can help determine how many and which accounts listed are fraudulent. You can also identify the existing accounts that have been stolen.
Equifax
1.800.525.6285
www.equifax.com
Experian
1.888.397.3742
www.experian.com
Trans Union
1.800.680.7289
www.transunion.com
To opt out of receiving pre approved credit card offers, call 1 888 5 opt out
THEN CALL HILL-BOREN TO INVESTIGATE THE POTENTIAL FOR CIVIL ACTION ON YOUR BEHALF
Reflex Sympathetic Dystropy
By: Michael Hartup
Reflex sympathetic dystrophy (RSD), also known as complex regional pain syndrome (CRPS), is a disease with a medically uncertain cause, but its effects can be quite disabling.
It most often affects one of the arms, legs, hands or feet, usually following a relatively minor trauma. Doctors believe that the sympathetic nervous system plays a significant role in the sustaining nature of the pain.
Another theory is that it is caused by a triggering of the body's immune response. Whatever the cause, those with RSD/CRPS experience severe pain which seems completely out of proportion to the severity of the original injury. Often, they will experience muscle atrophy or shrinkage and various skin changes at the location of the pain.
Unfortunately, there is no present cure. Despite the medical misunderstanding of the condition, the Social Security Administration recognizes it as a condition that can be disabling. However, it often takes specific knowledge of the Social Security laws and medical proof requirements to win a disability case based upon a diagnosis of RSD or CRPS.
VIOXX Settlements
The first of many Vioxx settlements are being distributed to some of our clients this month. These settlements represent over 4 years of hard fought litigation with the drug Wyeth Pharmaceuticals.
I am proud of the work Hill-Boren did to make sure our client's rights were protected. Many thanks to Leanne Sims who has worked so hard and for so long to see this day finally come for our clients. As we often say: At Hill Boren, we're here to help...and we know how.
$790,020 settlement for the family of a 32 year old man who suffered a heart attack and passed away as the result of taking Vioxx for his arthritic condition.
$279,357 settlement for the family of a 56 year old man who suffered a heart attack and passed away as the result of taking Vioxx for his arthritic condition.
$268,831 settlement for a man who suffered a heart attack at age 54 as the result of taking Vioxx for his arthritic condition.
$301,66 settlement for a man who suffered a heart attack at the age of 60 as the result of taking Vioxx for his arthritic condition.
$237,006 settlement for a man who suffered a heart attack at the age of 71 as the result of taking Vioxx for his arthritic condition.
What Exactly is ADR?
By: Tamara Hill, R.N. J.D.
If you have completed nursing home admission paperwork recently, you may have encountered an "ADR Agreement" in the midst of the paperwork. Most likely, this form was not explained to you or your family member, although it may have been "sold" to you as a quick way to resolve problems you might have with the nursing home.
ADR stands for Alternative Dispute Resolution. If you sign an ADR agreement with the nursing home for yourself or your family member, then you are, in effect, giving up your Constitutional Right to a jury trial. This means that no matter how negligent a nursing home may be, and no matter what happens to you or your family member, you will have no right to have a judge and jury hear your case. You or your family member could end up with bedsores, malnutrition, dehydration, fractures or suffer other types of neglect or abuse, but there would be very little you could do to address the problem or force the nursing home to change its practices to prevent it from happening to someone else.
The current state of the law in Tennessee is such that if you sign an ADR agreement for yourself, or if you hold a Durable Power of Attorney (DPOA) for healthcare for your loved one and you sign it on their behalf, it is enforceable. If you do not have a DPOA for healthcare for your loved one and you sign it on their behalf, it is not enforceable.
If you do not know if you have signed an ADR agreement, look through the copies of the admission paperwork the nursing home should have given you. If they did not give you a copy of the admission paperwork, ask for one. If you have signed an ADR agreement, whether for yourself, or as DPOA for heathcare for your loved one, revoke it in writing immediately.
A nursing home cannot force you to sign an arbitration agreement as a condition of admission. The industry, led by NHC, recently tried to get your state legislature to pass a bill that would allow them to force you to give up your Constitutional Rights, but they were unsuccessful.
One simple piece of advice - DO NOT SIGN AN ADR AGREEMENT.
The 10 Worst Insurance Companies
To identify the worst insurance companies for consumers, researchers at the American Association for Justice (AAJ) undertook a comprehensive investigation of thousands of court documents, SEC and FBI records, state insurance department investigations and complaints, news accounts from across the country, and the testimony and depositions of former insurance agents and adjusters. The final list includes companies across a range of different insurance fields, including homeowners and auto insurers, health insurers, life insurers, and disability insurers.
The report is all about the insurance industry and the tough tactics they use to increase profits. Once such tactic is "deny, delay, defend." Records showed a distinct pattern of insurance companies refusing to pay claims, employing "hardball" tactics against policyholders, raising premiums with warrant, hoarding excessive profits and awarding extravagant salaries.
1. Allstate ranks as the worst insurer for consumers, according to a comprehensive investigation of thousands of legal documents and financial findings.
The rankings show a distinct pattern of insurance industry greed amongst 10 companies that refuse to pay just claims, employ hardball tactics against policyholders, reward executives with extravagant salaries and raise premiums while hoarding excessive profits.
“While Allstate publicly touts its ‘good hands’ approach, it has instead privately instructed its agents to employ a ‘boxing gloves’ strategy against its policyholders,” said American Association for Justice CEO Jon Haber. “Allstate ducks, bobs and weaves to avoid paying claims to increase its profits.”
Allstate (NYSE: ALL) set the standard for insurance company greed and placing profits over policyholders. Allstate contracted with consulting giant McKinsey & Co. in the mid-1990s to systematically force consumers to accept lowball claims or face its “boxing gloves,” an aggressive strategy designed to deny claims at any cost. One Allstate employee reported that supervisors told agents to lie and blame fires on arson and in turn, were rewarded with portable fridges.
Thousands of court documents, materials uncovered from litigation and discovery, testimony, complaints filed with state insurance departments, SEC and FBI records and news accounts were reviewed to compile the rankings and statistics.
The rest of the rankings are as follows:
2. Unum (NYSE: UNM) - Unum’s actions are even more shameful considering the type of insurance it sells: disability. Unum’s behavior was epitomized when it denied the claim of a woman with multiple sclerosis for three years, stating her conditions were “self-reported,” contrary to doctors’ evaluations. In 2005, Unum agreed to a settlement with insurance commissioners from 48 states over their practices.
3. AIG (NYSE: AIG) – The world’s biggest insurer, AIG’s slogan was “we know money.” AIG, described by commentators as “the new Enron,” has engaged in massive corporate fraud and claim abuses. In 2006, the company paid $1.6 billion to settle a host of charges.
4. State Farm – State Farm is notorious for it’s deny and delay tactics and like Allstate, hired McKinsey consultants. State Farm’s true motives became apparent during Hurricane Katrina; for example, it employed multiple engineering firms until they could deny the claims of the Nguyen family in Mississippi. In April 2007, State Farm agreed to re-evaluate more than 3,000 Hurricane Katrina claims.
5. Conseco (NYSE: CNO) – Conseco sells long-term care policies, typically to the elderly. Amongst its egregious behavior, the insurer “made it so hard to make a claim that people either died or gave up,” said former Conseco subsidiary agent. Former Conseco executives were fined when admitted to filing misleading financial statements with regulators.
6. WellPoint (NYSE: WLP) – Health insurer WellPoint has a long history of putting profits ahead of policyholders. For instance, California fined a WellPoint subsidiary in March 2007 after an investigation revealed that the insurer routinely cancelled policies of pregnant women and chronically ill patients.
7. Farmers – Swiss-owned Farmers Insurance Group consistently ranks at or near the bottom of homeowner satisfaction surveys and for good reason. For example, Farmers had an incentive program called “Quest for Gold” that offered pizza parties to its adjusters that met low claims payment goals. Like Allstate, it also hired the McKinsey consultants.
8. UnitedHealth (NYSE: UNH) – The SEC opened an investigation into former UnitedHealth CEO William McGuire for stock backdating, which ultimately led to his ouster in 2006 and returning $620 million in stock gains and retirement compensation. Physicians have also reported that their reimbursements are so low and delayed by the company that patient health is being compromised.
9. Torchmark (NYSE: TMK) – According to Hoover’s In-Depth Company Records, Torchmark’s very origins were little more than a scam devised to enrich it founder, Frank Samford. Torchmark has preyed on low-income Southern residents and charged minority policyholders more than whites on burial policies.
10. Liberty Mutual – Like Allstate and State Farm, Liberty Mutual hired consulting giant McKinsey to adopt aggressive tactics. Liberty’s tactics were highlighted when a New York couple’s insurance was “nonrenewed” by Liberty, even though they lived 12 miles from the coast and never experienced weather-related flooding.
Please read full article at http://www.justice.org/TenWorstInsuranceCompanies.pdf
Recent Settlements
T. Robert and Tamara Hill recently settled a medical malpractice case involving the death of a 72-year-old woman. The woman was taken to a West Tennessee emergency room on February 5, 7, 9 & 10, 2006. The doctor refused to admit her despite her continuing decline and the obvious failure of the outpatient treatment she received. On the February 10th visit, the physician sent her home in an ambulance because she was too weak and too sick to travel by family car. She died on February 12, 2006. The case settled for a confidential amount in October 2008.
James Krenis represented a young man from Decatur County who was hospitalized for food poisoning/salmonella he got from eating improperly prepared chicken. They won a settlement of $45,000.
Shannon L. Toon represented a 26-year old male for a work-related injury he sustained when a box fell on his neck, left shoulder and left arm. As a result of the accident, the employee experienced numbness in his left arm and eventually loss of function in the arm. Despite the employer's doctors testimony of finding no reasons for the injured employee's symptoms, Mr. Toon was able to settle the workers' compensation claim for $51,850 based upon the employee's average weekly wage. In addition, the employee's medical care for this injury will remain open for his entire life.
Greg Petrinjak represented a woman who injured her neck in an automobile accident and eventually had surgery. The defendant's insurance company argued that this surgery was related to her pre-existing neck problems, rather than the accident. Petrinjak won an out-of-court settlement of $44,305 for his client.
T. Robert Hill settled a case involving a 13-month-old child who received second degree burns to 18% of his body from “super heated” water while living in a low income housing apartment. The child spent a week in the Vanderbilt Burn Center. The lawsuit claimed that the landlord did not properly repair the thermostat on the water heater resulting in water hot enough to cause burns instantly. The settlement amount is confidential to protect the minor.
Shannon L. Toon represented a 52-year-old pest control technician whose vehicle was rear-ended while driving for his employer. As a result of the accident, he sustained injuries to his neck, shoulder and back. Surgery was ultimately performed as result of the injury to his neck. Mr. Toon recently won a settlement from the driver who caused the accident for $160,000.
James Krenis assisted a Selmer, TN man was who was left unable to hold a job due to a back injury caused by his work. The client received a settlement of $72,000 to cover his potential earnings for the few years remaining before he was eligible to draw social security retirement benefits.
Greg Petrinjak represented a client who was involved in a head-on collision with a drunk driver. The client underwent knee surgery and missed several weeks of work. The case was settled for insurance policy limits of $50,000.
Jeff Boyd represented a man who was injured while sitting in traffic waiting for the car in front of him to turn. He was hit by a driver who looked away then could not stop when he realized traffic had stopped ahead of him. The client sustained injury to his lower back, in the same location that he had prior back injuries. His back condition was made worse by the wreck to the point that he was offered surgery, which he chose not to pursue. The case settled for $50,000.
James Krenis represented a Spanish speaking woman in a worker’s compensation case after she was hurt doing repetitive work at a factory. A doctor paid by the insurance company said she was faking pain but then admitted she had a very severe case of carpal tunnel syndrome that required surgery. The Chancellor gave the client maximum award allowed under Tennessee law.
Jeff Boyd represented an employee of Western Mental Health Hospital of the State of Tennessee who was injured by a patient. He sustained injuries to his back and shoulder. He was 23 and unable to return to work for the State of Tennessee. The case settled for $40,839 with open future medical benefits for the remainder of his life.
Greg Petrinjak recently represented a client who suffered injuries to her knee in an automobile accident. The other driver argued that he was not responsible for the crash and blamed our client for causing the accident. This case was decided by arbitration with an award of $27,000 to the Hill-Boren client.
James Krenis represented a Paris, TN woman who injured her back at work and then lost her job. She was awarded a settlement of for over $50,000.
