December 2009
- Health Care Reform
- Medical Alert
- Notes & News
- Long Term Disability
- Automobile Accidents... What to Know When You Experience the Unexpected
- Settling Your Worker’s Comp Case Without a Lawyer
- Settlements
Health Care Reform
By: Tamara Hill
One of the most talked about topics in today's society is health care reform. We are all aware of the current health care crisis, and everyone seems to have an opinion about how it can be fixed. Unfortunately, there are many who spread lies and rumors about reforms that have been suggested in order to stop progress. The only way to dispute these rumors is to find facts that prove them wrong.
Below is a great article recently released by the American Association for Justice (AAJ). It explains the key “Five Myths About Medical Negligence.” After reading this, you will be prepared to dispute any claims you hear from health care reform opponents.
As the health care debate moves forward, here are the key myths and facts:
Myth #1: There are too many "frivolous" malpractice lawsuits.
Fact: There's an epidemic of medical negligence, not lawsuits. Only one in eight people injured by medical negligence ever file suit. Civil filings have declined eight percent over the last decade, and
are less than one percent of the whole civil docket. A 2006 Harvard study found that 97 percent of claims were meritorious, stating, "portraits of a malpractice system that is stricken with frivolous litigation are overblown."
Myth #2: Malpractice claims drive up health care costs.
Fact: According to the National Association of Insurance Commissioners, the total spent defending claims and compensating victims of medical negligence was just 0.3% of health care costs, and the Congressional Budget Office and Government Account-ability Office have made similar findings.
Myth #3: Doctors are fleeing.
Fact: Then where are they going? According to the American Medical Association's own data, the number of practicing physicians in the United States has been growing steadily for decades. Not only are there more doctors, but the number of doctors is increas-ing faster than population growth. Despite the cries of physicians fleeing multiple states, the number of physicians increased in
every state, and only four states saw growth slower than population growth; these four states all have medical malpractice caps.
Myth #4: Malpractice claims drive up doctors' premiums.
Fact: Research has found that there is little correlation between malpractice payouts and malpractice premiums paid by doctors. A study of the leading medical malpractice insurance companies' financial statements by former Missouri Insurance Commissioner Jay Angoff found that these insurers artificially raised doctors' premiums and misled the public about the nature of medical negligence claims. A previous AAJ report on malpractice insurers found they had earnings higher than 99% of Fortune 500 companies.
Myth #5: Tort reform will lower insurance rates.
Fact: Tort reforms are passed under the guise that they will lower physicians' liability premiums. This does not happen. While insurers do pay out less money when damage awards are capped, they do not pass the savings along to doctors by lowering premiums.
Even the most ardent tort reformers have been caught stating that tort reform will have no effect on insurance rates.
Over 98,000 people die every year from preventable medical errors. That's like two 737s crashing every day for a whole year. Instead of focusing on tort law changes that won't fix health care, let's make sure people aren't injured in the first place. Not only will that lower costs, but most importantly, will improve health care for everyone.
Medical Alert to Women Readers
Yaz/Yasmin/Ocella
Warnings have recently surfaced for the birth control product Yasmin, also known as Yaz and Ocella, taken in the form of birth control pills. The product has been known to cause heart attacks, strokes and kidney damage in some users. While not yet recalled, this product has received a warning letter from the FDA because of misleading advertising concerning its safety. If you or a loved one has been injured by any of these birth control pills, contact Hill-Boren today for a free case evaluation.
Prempro
Prempro, a drug commonly used to treat menopause-related symptoms in women, has recently been linked to increased breast cancer and stroke rates in users. While the drug has not yet been recalled, a class action suit has been filed on behalf of families of breast cancer victims who took the drug. If you or a loved one suffered from a stroke or breast cancer after taking Prempro, you may be entitled to financial compensation. Call Hill-Boren today for a free case evaluation.
News & Notes
Attorney James Krenis recently attended an American Association for Justice quarterly meeting as a New Lawyer Division board member in Washington D.C. While in D.C., James met a U.S. senator and representative who are fighting for injured workers' rights in the federal government. He also exchanged knowledge with other trial lawyers from across the country. James also recently attended the Tennessee Association for Justice quarterly meeting as a Board of Governors member to review legislative changes and try to address issues affecting injured workers statewide. At the county level, Mr. Krenis attended a meeting as a Madison County Bar Association member to help make budget decisions, design a website for citizens in need of legal advice, coordinate free legal seminars and interact with local judges.
Mike Hartup Joins CASA Board
Attorney Mike Hartup was recently selected to serve on the Madison County CASA Board. Court Appointed Special Advocate (CASA), is an organization made up of volunteers who become trained to represent the best interests of a child in the court system. Appointed by a judge to serve, most CASA volunteers represent children who are victims of abuse and/or neglect. The Madison County CASA was charted by the state of Tennessee in 1996.
Hill-Boren Living Will Assistance Offered in Madison County
Hill-Boren provided assistance to the residents of Madison County throughout October to learn more about living wills. A living will documents how a person wants to be treated if they become terminally ill or permanently unconscious and representatives of Hill-Boren were available to answer questions and pass out information during their informative sessions. If you would like to learn more about living wills, please call or visit the Jackson Hill-Boren office or download a living will kit at hillboren.com.
Long Term Disability
By: Mike Hartup
Is your private long-term disability carrier requiring you to file for Social Security disability benefits? There are some things you should know.
Often, holders of private long-term disability insurance will find that their policies require them to file for Social Security disability benefits when they make a claim on the private policy. Many of my clients are surprised to learn that such policies also contain an offset provision, meaning that the private insurance company can reduce the amount of benefits that it has to pay out on a claim when the insured also receives Social Security benefits.
Some policies even require that you pay the insurance company back benefits that they have already paid you once you receive Social Security benefits. It is not uncommon for the insurance company to also "recommend" an organization to represent you in your claim for Social Security benefits. However, this "recommendation" can be presented in a very misleading way, such that an individual may think that the insurance company is requiring them to use a specific organization to represent them.
You should be aware that these organizations are not always law firms and often no attorney ever works on the claim, but that they still charge the same representation fees. One such organization even goes as far as trying to collect money from the people it represents on Social Security claims to repay the insurance company for long-term benefits it may have already paid to the individual. Any attorney will tell you that this is an absolute conflict of interest.
Don't let your private insurance carrier railroad you into using a non-attorney representation group for your Social Security claim. Call Hill-Boren today for legal representation you can trust.
Automobile Accidents...What to Know When You Experience the Unexpected
If you are injured in an automobile accident, your first concern is probably to obtain proper medical treatment. If the other driver was at fault, it seems only fair that the other driver's insurance company should pay your medical bills, right? Unfortunately, it's not always that easy. There are a few things you should understand when you go to a doctor or hospital for injuries related to an automobile accident.
First, even if the other driver caused the wreck, you are still liable to the hospital for your medical bills. The hospital may ask for insurance information on the other driver, but in the end, they will expect you to collect damages from the other driver and pay the hospital. The hospital is always going to bill you, not the other driver's insurance company. The other driver's insurance company will normally not pay anything until you sign a release and settle the entire case.
Therefore, if you have health insurance (including TennCare and Medicare), always give your insurance card to the doctor or hospital. Most health insurance policies will cover automobile accidents, but then require you to pay them back if you receive settlement money. It is in your best interest to get those bills submitted to your insurance company as quickly as possible. Your lawyer can handle the reimbursements to your insurance company when the case is settled.
If you have questions about medical bills related to an automobile accident, call Hill-Boren. We're here to help, and we know how.
Settling Your Worker's Comp Case Without a Lawyer
By: Jeff Boyd
Is it legal to settle a worker's compensation case without a lawyer? Absolutely. Is it smart? Absolutely not. Routinely, Hill-Boren lawyers review cases where the injured employee has previously settled their own worker 's compensation claim. Unfortunately, we routinely have to tell those injured workers that they have either not been fairly compensated, have been misled or have been taken advantage of in the process. It is at this point that we hear what the insurance companies tell the employee: This is all the money you are entitled to under the law, why would you hire a lawyer who is going to take a fee? Or, my boss made it seem like I was going to get fired if I hired a lawyer. Most of the time, both of these scenarios are not true and in some instances may be legally actionable.
For example, recently an employee came to my office 38 days after he had settled his worker 's compensation claim on his own. Why? Because he got fired for no reason after 10 years of service and after his worker 's compensation claim settled. When I reviewed the settlement that he entered into, it was immediately obvious that he had a shoulder injury and had two surgeries on that shoulder, both of which entitled him to permanent disability. Unfortunately, he had only been compensated for one of those surgeries. To make matters worse, he settled for the absolute minimum amount of money from the insurance company for one surgery. Compounding this disaster, he agreed to do the settlement by a long distance phone call to a Judge and the insurance company lawyer in Chattanooga. So, now he has taken the absolute minimum on his one claim, not been compensated at all for the other and removed the location of the case from West Tennessee to Chattanooga if we are to pursue any legal remedies. Moreover, because the employer did not fire him until 38 days after the settlement, the provisions of the Tennessee Worker 's Compensation Laws in place to overturn bad settlements had expired---you only have 30 days to engage this process. Coincidence? I think not.
We have taken legal action to undo this disaster. We filed a motion with the Court in Chattanooga, which was denied. We appealed the case and pursued this matter to the Tennessee Supreme Court. If the Tennessee Supreme Court declines to take action, then this client, in an effort to save a few bucks, has lost his rights under the law and his job to boot. Hardly seems fair, but it happens every day. Do not let this happen to you!
Worker’s Compensation Insurance companies know the law. They take advantage of employees who are trying to resolve these matters without hiring a lawyer. Insurance companies tell half-truths about what benefits you are entitled to under the law. Employers give the impression that an injured employee's job is at stake if they hire a lawyer or question the settlement. However, having a lawyer review the proposed settlement is the only way to prevent the mishandling of a case like the one above. Before any injured worker accepts a settlement proposal, they should have an attorney review the details. At Hill-Boren, we're here to help, and we know how.
Settlements
Shannon L. Toon represented a 40-year old truck driver who injured his neck, back and both legs when he attempted to get a trailer door unstuck and the door fell and pinned him. He was diagnosed with a two-level cervical disc herniation and chronic neck and shoulder pain. A two-level cervical fusion and discectomy was ultimately performed. However, following surgery, the employee continued to experience pain and numbness. His treating surgeon recommended permanent restrictions of lifting no more than 50 pounds. Mr. Toon was able to settle the worker 's compensation claim for $175,000 along with payment for all future medical care associated with the claim.
Attorney Shannon L. Toon represented a 53-year old nurse who sustained injuries to both her arms and her back while employed as an ICU nurse at a local hospital. She was diagnosed with bilateral carpal tunnel syndrome and lumbar and thoracic sprains which aggravated underlying arthritic conditions. Carpal tunnel surgery was performed on both arms and she was treated with injections and medication for her back injuries. Despite her treatment, she continues to experience pain and symptoms associated with her injuries. At trial, Mr. Toon obtained a verdict in favor of the employee in the amount of $92,444 along with future medical care for her injuries with an authorized treating physician.
Attorney James Krenis represented a Madison County resident who suffered gradual injuries to his wrist, elbow and shoulder while doing repetitive manual work. After his injuries, the individual was not able to return to his job. The worker 's compensation case settled for $70,000.
James Krenis represented a woman who broke her ankle at Talledega Speedway when she stepped in a hole covered by grass on the ground. A $40,000 settlement was awarded to the injured woman.
Attorney James Krenis represented a mechanic from Ripley who needed a knee replacement after injuring his knee on the job. When the company closed, the client lost his job and the worker 's compensation insurance company denied his claim. Mr. Krenis was able to get the Department of Labor to award medical treatment. This ruling was appealed by the worker 's compensation insurance company, but they lost the appeal and were ordered to pay $65,000 to cover all of the client 's medical bills, 15 weeks of his lost time while he was off for surgery, rehab and permanent partial disability benefits.
VIOXX Settlements:
Hill-Boren has successfully completed a large number of our Vioxx heart attack cases and has started receiving settlement payments for our Vioxx stroke cases. Here are a few of the notable settlements that Attorney Robert Hill, with the assistance of Leanne Sims, completed in the last few months:
A Vioxx settlement was awarded to a Shelby County woman who suffered a massive stroke after taking Vioxx for 48 months. The total settlement awarded was $228,312.
Mr. Robert Hill represented a Crockett County woman who suffered a heart attack after taking Vioxx. The total settle-ment awarded was $285,258.
Attorney Robert Hill represented a widow whose husband died from a heart attack after taking Vioxx. The case was settled for $514,752
.Robert Hill and Leanne Sims represented a Hardin County client who suffered a heart attack after taking Vioxx. The total amount awarded to the client was $270,953.
The Hill-Boren team of Attorney Robert Hill and Leanne Sims represented the children of a Shelby County woman who died from a Vioxx-related heart attack. The case was settled for $430,875.
Mr. Hill and Ms. Sims represented a widow whose husband died from a sudden heart attack after taking Vioxx. The widow was awarded $444,113 in her settlement.
Attorney Jeff Boyd represented a 67-year old long-time worker at a "big box" retailer. Over the years of constant walking, climbing and standing on a concrete floor, the individual developed knee problems. Ultimately, in attempting to move a large item on a dolly, he felt his knee pop. The employee sustained a knee injury that required a total knee replacement. During his recovery, the employee was laid off from his job. The case was settled for 77% permanent disability to the leg or $100,000 with lifetime future medicals, which includes additional knee replacements if related to the original injury.
Jeff Boyd represented a Goodyear employee who sustained gradually developing hearing loss over his 25-plus years of working there. The employee was awarded over $50,000 in benefits for his hearing loss in spite of the fact that he continued to be employed at the time of trial. Goodyear appealed the award and the Tennessee Supreme Court affirmed the ruling of the trial court and the intermediate appellate court. In addition to the trial award, the employee was awarded 10% interest on the amount of the judgment for the period of time that the appeal was contested.
Attorney Jeff Boyd represented an employee who had sustained work-related neck injuries for which she had surgery. She returned to work, and was entering data into a computer when she felt a pop and sting in her neck. The company claimed that this was simply a temporary flare-up of the prior neck injury that did not require a new claim being prepared. The employee returned to Mr. Boyd, who pressed the claim through the Department of Labor and was able to establish through medical records that the employee had sustained a new herniated disc that was different from the prior injury. It was found that she needed additional surgery and was entitled to worker 's compensation benefits while she was off from work, and additional permanent disability benefits, which totaled over $58,000. The employee returned to her former job after the settlement, and if she loses her employment or if the plant shuts down or is sold, Hill-Boren can reopen her case and pursue additional money for additional disability under the Tennessee worker 's compensation laws.
Attorney Greg Petrinjak represented a delivery driver who injured his knee while making deliveries and going up a ramp. The injury required surgery and involved a significant recovery time. As a result, the employee lost his job when the company hired another driver to replace him. The case was settled for $95,000, plus lifetime future medical benefits for the knee.
Greg Petrinjak represented a lady who was involved in an automobile accident and suffered injuries to her hip. The defendant, who made a left turn across Mr. Petrinjak 's client's lane of travel, denied any responsibility for the accident. After depositions were taken and mediation completed, the case was settled for $81,088.
Attorney Greg Petrinjak represented a young man who injured his ankle while carrying a shower stall on a construction site. The injury initially appeared to be just an ankle sprain. Later, the doctors identified avascular necrosis, and the client suffered permanent damage as a result. The case was settled for $58,682, with lifetime future medical benefits.
Attorney Shannon L. Toon represented a 59-year old man and nighttime "working" supervisor for a work-related injury he sustained when he fell off a stool while changing an emergency flood-light. As a result of the fall, the employee was knocked unconscious and awoke with a throbbing headache. Despite his headache, he completed his shift and drove home. The last thing he remembers was getting ready for bed. He was found disoriented, sitting in the middle of his bathroom floor the following morning. He was diagnosed with a subdural hematoma on the left side of his brain as well as an intercerebral hematoma. Ultimately, a craniotomy and evacuation of the subdural hematoma was performed. After reaching maximum medical treatment, his physicians recommended permanent restrictions consisting of no use of the left hand for work tasks requiring fine motor skills and no work around heavy machinery. After a successful trial, Mr. Toon was able to negotiate a monetary settlement of $135,000 in lieu of an appeal. In addition, medical care for these injuries will remain open for the remainder of his life.
