MetLife: Can you Sink any Lower to Avoid Paying a Claim?

March 14th, 2011. By Hunter West

If there ever was a case for having a police force for insurance companies, it is this one. Jane Pierce could be the poster child for a clamp down on greedy, uptight insurers who will to a fault suspect the worst in people and grasp at any straw to avoid paying a claim.

Have you heard about this story?

Jane Pierce’s husband Todd died tragically in a car accident a few years ago. Yes, he had some health issues. Cancer. In his case, Todd developed skin cancer in his nasal cavity. But he fought the disease valiantly and was cancer-free within two years. There were more surgeries to follow, however—to rebuild his jaw and palate. Certainly not pleasant. But such is the jurisdiction of a fighter, and a devout Catholic who loved life and was not about to throw in the towel, even in the face of more than 40 surgeries…

Life was good, you see? Hard, but good. And Todd had driven to a family reunion one warm, July day in 2009. Enjoyed himself. They said he was the life of the party. There was certainly nothing untoward that caused any member of his family to be worried about him.

It was on the drive home that tragedy struck. Pierce pulled out to pass another vehicle on the highway and lost control of his truck. The vehicle, in which Todd was the lone occupant, rolled down Read the rest of this entry »

Asbestos News Roundup: 3.10.11

March 10th, 2011. By LucyC

A roundup of recent asbestos-related news and information that you should be aware of. An ongoing list of asbestos hot spots from the Asbestos News Roundup archive appears on our asbestos map.

Asbestos Lawsuits 

Charleston, WV: Raymond Bittner, from Gibsonia, PA, has filed an asbestos claim in West Virginia, naming 88 defendant companies that, he alleges, are responsible for his asbestosis and colon cancer. In his suit, Bittner states he was diagnosed with colon cancer and asbestosis in October, 2010.

Bittner claims that his illnesses are due to his exposure to asbestos fibers and dust, which he inhaled over the course of his working life.

Bittner claims the defendants failed to advise him of the dangerous characteristics of asbestos and asbestos-related products; failed to provide him with the knowledge as to what would be reasonably safe and sufficient wearing apparel and proper protective equipment; and failed to place warnings on their containers. Bittner is seeking compensatory and punitive damages.

The 88 defendants named in the suit are: Ajax Magnethermic Corporation; AK Steel Corporation; Allegheny Energy, Inc.; Allied Chemical Corporation; Allied Glove Corporation; American Electric Power Company, Inc.; American Electric Power Service Corporation; Appalachian Power Company; Armstrong International, Inc.; Armstrong Pumps, Inc.; Atlas Industries, Inc.; Bayer Corporation; Beazer East, Inc.; Brand Insulations, Inc.; Cashco, Inc.; CBS Corporation; Champlain Cable Corporation; Copes-Vulcan, Inc.; Crane Co.; Crown Cork & Seal Company; DeZurik, Inc.; Dravo Corporation; Durametallic Corporation; Eaton Corporation; Eichleay Corporation; Elliott Turbomachinery Company, Inc.; F.B. Wright Company; Fairmont Supply; Flowserve U.S., Inc.; Foseco, Inc.; Foster Wheeler Corporation; General Electric Company; George V. Hamilton, Inc.; Goulds Pumps, Inc.; Greene Tweed & Company; Grinnell, LLC; Hedman Resources Limited; Honeywell, Inc; Hunter Sales Corporation; I.U. North America, Inc.; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand; Insul Company, Inc.; ITT Corporation; J.H. France Refractories Company; J.M. Foster, Inc.; Joy Technologies; M.S. Jacobs & Associates, Inc.; Mallinckrodt Group, Inc.; Marley Cooling Tower; McCann Shields Paint Company; McCarls, Inc.; McJunkin Red Man Corporation; Metropolitan Life Insurance Company; Milton Roy Company; Milwaukee Valve Company; Mine Safety Appliance Company; Minnotte Contracting Corporation; Monongahela Power Company; Nagle Pumps, Inc.; Nitro Industrial Coverings, Inc.; Oglebay Norton Company; Ohio Power; Ohio Valley Insulating Company; Owens-Illinois, Inc.; Plotkin Brothers Supply, LLP; Power Piping; PPG Industries, Inc.; Premier Refractories, Inc.; Riley Stoker Corporation; Safety First Industries, Inc.; Sealite, Inc.; Spirax Sarco, Inc.; Square D Company; Stockham Valves & Fittings; Tasco Insulation, Inc.; the Sager Corporation; Thiem Corporation; Townsend & Bottum, Inc.; Treco Construction Services; UB West Virginia, Inc.; Unifrax Corporation; United Conveyor Corporation; United States Steel Corporation; Vimasco Corporation; Washington Group International; and Yarway Corporation.

Asbestos Settlements

Billings, MT: According to court documents, the residents of the infamous asbestos mining town Libby, who are victims of asbestos contamination, are close to securing a $43 million settlement of allegations that state health officials failed to warn miners about the hazards of a deadly vermiculite mine, owned by WR Grace.

As a result of the decades of asbestos mining that took place in Libby, hundreds of people have been killed and thousands made gravely ill. In 2004, the Montana Supreme Court noted the Montana should have warned miners about hazards first identified by state officials in Libby in the 1950s.

According to a report by the Associated Press, 1,125 victims—possibly more—are considering a deal to release the state from liability in exchange for payments ranging from $21,500 to the $60,700 per claim. 

Asbestos Hot Spots

Washington, DC: Renovations at DC’s Farragut North and Union Station Metro stops have turned up asbestos. Consequently, crews have been laboring during the ‘off hours’ to get rid of the deadly mineral, according to the transit agency. The remediation is expected to last until mid-April.

The asbestos-containing material was found in the jointwork of ducts in mechanical rooms, under platforms and above suspended ceilings, Metro spokesman Steven Taubenkibel said. Workers found the asbestos when removing ductwork at the two stations as part of a multiyear $177 million Red Line rehabilitation project.

According to the agency, airborne fiber concentrations are well below general industry standards, and have been since the work began. The agency has been conducting air monitoring in the affected areas.  “Also, the locations are in areas that are not accessible to the public,” Taubenkibel said. “Riders should not be concerned as long as the joint materials are not disturbed,” he said. Additionally, the two stations’ air flow systems were also turned off before the work began so the particles do not circulate.

The asbestos was “securely embedded” in the gasket material that seals the sections of the duct together, he said. It would only become a concern if the gasket material was disturbed, he said. Instead, the remediation teams are cutting the ducts between the joints to avoid disrupting those areas.

“We will be checking at other stations before the HVAC systems are replaced but we don’t expect to see it at other stations,” he said. (Washington Examiner) 

Pottsville, PA: Pottsville Area school board has voted to advertise for bids to complete an asbestos-removal project at D.H.H. Lengel Middle School. The goal is to remove chrysotile—a spray-applied acoustical insulation—from the ceilings of the three-story middle school, which was built in 1970. (republicanherald.com)

Shocker: 9 of 10 Nursing Homes Employ Staff with Criminal Records?

March 9th, 2011. By LucyC

Nursing homes, it seems, have lately become less about safety, comfort and good care—as the term might imply—and more about saving money. So, not surprisingly, standards are being dangerously compromised—that is assuming they’ve been established. Case in point, an investigative report by CBS News last week cited a government report which found that over 90 percent of nursing homes hired employees with criminal records—convictions. 

Apparently, the government ran background checks on all employees who worked at some 260 nursing homes on June 1, 2009, and found 92 percent employed at least one person with a criminal conviction. The report also found that nearly half of the nursing homes had five or more individuals employed who had criminal convictions. 

The report, by the Inspector General for Health and Human Services, revealed seven registered sex offenders gainfully employed at five separate facilities, while 43 percent of the convictions were for crimes including burglary, shoplifting, and writing bad checks.

According to CBS News, 43 states currently require nursing homes to run some kind of criminal background check. However, “only 10 states require both a state and FBI background check that would detect convictions in multiple states.”

“On its face, it’s shocking,” Janet Wells, director of public policy for the National Consumer Voice for Quality Long-Term Care told CBS News. “People move from state to state and they may have an abuse record at another health care facility, that’s why we would prefer to see a national mandatory program.” 

Well, yes. That would seem the obvious solution, because here’s the real consequence of not having such a system: in January, LAS reported on a shocking incident in Santa Clara, CA, in which a Read the rest of this entry »

Looking to Rip Off Lady Gaga? At Least Don’t Make her Gag

March 8th, 2011. By LucyC

Gag me—Baby Gaga Milk just Ain’t Right. Just when you thought the news couldn’t get any weirder…Wrong. That is if we’re talking ‘entertainment news.’ This story involves Lady Gaga—the latest harbinger of all that is cool. She has filed a lawsuit against the Icecreamists—an ice cream parlor in London (UK)—over their recently introduced “Baby Gaga” brand of ice cream which is made from human breast milk. 

Just what exactly is wrong with the petroleum by-product most of us have been happily consuming for decades? 

But hey—it’s not the source of the ice cream that’s the problem, but the name, which Lady G reportedly claims in her suit, is ‘riding on the coattails’ of the singer. Isn’t that a mixed metaphor? 

Anyway, the owner of the Icecreamists sees things differently—stating that he thinks of the new ice cream flavor as a tribute to the 24-year old pop icon. “We named it ‘Baby Gaga’ because she’s the queen of ‘shock and roll,'” O’Connor told AOL News when the flavor was introduced February 25.

And he’s embracing the controversy—after all—there’s no such thing as bad publicity. Given that the ice cream was only on sale for a few hours before it was confiscated by Westminster City Council, O’Connor’s going to need all publicity he can get—coz it won’t be the Baby Gaga ice cream that’s generating sales.

So—it’s infringement of intellectual property that’s at issue here, although Lady Gaga isn’t keen on the idea of human breast milk ice cream—calling it ‘nausea inducing.’ Kind of ironic given that she’s turned up for a public event in a dress made of meat. Maybe these two should get together and open a catering business. 

All in the Family at the Police Station. Another shocking tale from Old Blighty—this one’s about a father who was arrested for slapping his boy in the head. It just so happened that the father was at Read the rest of this entry »

Attorney Michael Blickensderfer Opens his Wallet to Help Out in Tampa

March 8th, 2011. By admin

Lawyers Giving Back looks at a side of lawyers you don’t hear too much about—the side that gives back…pays it forward..and shares the love. We’ve found quite a number of attorneys who log non-billable hours helping others—simply because they believe it’s the right thing to do. Their stories are inspiring, and hey, who knew lawyers were so…good? If you’ve got a story to share about an attorney who’s doing the right thing, let us know—we’d love to let others know, too. Today, we’re talking with Florida attorney Michael Blickensderfer…

Attorney Michael Blickensderfer: “You think they are small or unimportant donations, and you don’t realize the impact that will have on others.”

A quiet spoken attorney with a very loud and clear commitment to the community around him, Michael Blickensderfer made a decision to open his wallet and open it wide. Although the Blick Law Firm may do a bit of legal work for free from time to time in the classic pro bono definition, Blickensderfer, a former prosecutor and public defender in New York and Florida, decided he’d step to the plate with cold, hard cash. 

The firm contributes up to 10 percent of its annual income to charity. “It varies,” says the very modest Blickensderfer, “a tithe is 10 percent, we are not always faithful to that amount, but we try to be consistent.” 

After 25 years in public service and a brief turn at private practice in three other Florida firms, Blickensderfer went out on his on own two years ago. Together with his wife as the office administrator and his daughter as the marketing and community liaison, the Blickensderfers have established their own very personal way doing things. 

The Blick Law Firm has established relationships with about a dozen organizations, from the St. Jude’s Hospital for Children to a Christian motorcycle riders association to a suicide prevention organization. “These are groups we have connected with sometimes out of personal relationships with some of their members, sometimes people come to us or perhaps it is through a client,” says Blickensderfer. “We discuss as a family where we can best put our resources and make a difference.” 

Primarily a personal injury practice, Blickensderfer provides a range of other legal services from bankruptcy law to real estate. They regularly reach out to organizations and participate in community events. “Sometimes we hear about a needy family through some of these organizations,” says Blickensderfer, who is a committed Christian. “It touches your heart, you feel compassion and just you feel the need to reach out and help.” 

“On New Year’s day we went to the Christian Motorcycle Riders Association event,” says Blickensderfer. “We just showed up and gave them a donation. We didn’t think we did that much but they were so grateful.” 

“We were just putting a little gas in their tanks; they really go out and do all the hard work. They’re out there with their ‘tanks on fire’ ready to do things and we were pleased to able to help them,” Blickensderfer says. 

Although Blickensderfer, who is also a former US Marine, says there are a lot of lawyers out there who volunteer their time he prefers to go the ‘donation’ route. “A lot of lawyers at other firms do a lot of pro bono work,” he adds. “I don’t do that much in the classical sense of pro bono.” 

The firm is developing a bit of a reputation around Tampa for its generosity but Blickensderfer says people still seem surprised to see him arrive with a check in hand. “We just want to help the best way we can,” he says. “I think people are surprised in this day and age when anyone goes out of their way to help.” 

“You think they are small or unimportant donations, and you don’t realize the impact that will have on others,” he adds. 

“I wish we could do more,” says Blickensderfer. “We have a lot to be thankful for and I count my blessings when I look at others and see how many people are in need.” 

“I thought I had problems,” says Blickensderfer with a smile and a bit of humor in his voice. 

Lucky for Tampa Bay, Blickensderfer came to town with his check book. 

Michael Blickensderfer has a degree in business administration from Ohio State University and earned his J.D. at the Seton Hall University School of Law in New Jersey. The Blick Law Firm, based in Tampa, FL, handles personal injury litigation, bankruptcy law, wrongful death lawsuits, medical malpractice cases, as well as other areas of law.