Time to Wake up to “Awake” Cosmetic Procedures

January 21st, 2011. By LucyC

It’s that time of year when everyone—well almost everyone—thinks about losing weight and getting in shape. Gym memberships go nuclear as do memberships to organizations like Weight Watchers and Jenny Craig. All good. But there’s also some not so good.

One trend—that sounds too good to be true—is “Awake Procedures.” According to a report on MSNBC.com, bargain prices are being offered on cosmetic procedures such as breast augmentation and liposuction without general anesthetic—and apparently without an anesthesiologist, or even a qualified plastic surgeon.

The procedures, such as Awake Liposcuplture and Awake Abdominoplasty, are aimed at women who are afraid of having or don’t want a general anesthetic, who want to remain in control during the procedure (?), or who don’t want to go to a hospital. Here’s a blurb from a website offering information about Awake Liposculpture:

“Because liposculpture is generally performed under local anesthesia, it is an outpatient procedure that can be performed in a short 1-2 hours in the comfort of the liposculpture surgeon’s office or clinic.”

Sounds comfortable, safe, private, non-threatening…but what if things don’t go according to plan? Let’s take breast augmentation for example. In the piece on MSNBC, Dr. McGuire, M.D., a director of the American Board of Plastic Surgery, cites numerous potentially life-threatening complications that could occur during the procedure “including blocked airways, blood pressure changes or collapsed lungs.” The most invasive procedure, full tummy tucks—presents even Read the rest of this entry »

Cathy Cruz Marrero: Why’d Security Let Her in Mall to Begin With?

January 20th, 2011. By AbiK

Rhetorical question—but I’ve had enough of this media circus over the mishap fall-into-the-fountain moment of Cathy Cruz Marrero. So yes, I’m going to join right in.

From the video gone viral, Marrero is seen texting while exiting an anchor store in a Pennsylvania mall. She’s distracted, and falls into a fountain dead ahead of her. I didn’t count the seconds elapsed, but she gets out fairly quickly and walks away. It’s not like she was struggling too hard to get out—she even managed to snag her phone as she climbed out. No stooping over to rub her knees. No holding her head. No limping. Ok, maybe she was in shock and a tad bit embarrassed. But with the speed she was moving at, she kind of seemed…ok.

So she was caught on the security camera. And somehow the video clip got from mall security to the internet.

Should someone in security—assuming that’s how the video went public—be given a talking to? Yes. Should they even face possible termination (a report on wfmz.com says the security guard has already been canned)?  Sure. For distributing the video. But a lawsuit? And one based on the fact that mall security did not come to Marrero’s aid? Seriously. And mind you, I count at least five or six other people on the video who were in striking distance of the fountain fall and could’ve taken notice or responded. They did not. Nice? No. Worthy of legal recourse? Uh, no.

Having said that, I’m predicting mall security will not come out of this one with a dismissal of charges.

Now, be that as it may,ABCnews reported earlier that Marrero had been charged in October, 2009 with allegedly using a co-worker’s credit cards to rack up charges to tune of $5,000 at such fine establishments as Zales and Target. Sentencing is expected at her next court appearance on April 21st (as reported in the Reading Eagle) and she’s looking at perhaps six months of house arrest and electronic monitoring.

It gets better. ABCnews goes on to share that, according to court documents, Marrero also has “Marrero has convictions for retail theft four times and one other theft in New York from 1997 to 1999 and retail theft in York County in 1999.”

And…

“She also received 12 months of probation after being convicted of a hit-and-run charge in Berks County in 2009.”

Let me get this straight. She been charged most recently with five felony counts, including theft by deception and receiving stolen property. She’s been convicted four times for retail theft. She’s been convicted of another theft. And she’s been convicted of a hit-and-run.

Now, I know it’s innocent until proven guilty–but she’s been proven guilty of various charges several times already. And now she’s playing for public sympathy and some sort of revenge tactic against mall security? This is not some innocent middle-aged woman who’s had a terrible little mishap. And, note, I haven’t even touched on the fact that she, herself, was responsible for texting and walking simultaneously thereby reaping the wet rewards.

Please, this one is just another frivolous lawsuit in which no injury was truly done. What—Marrero’s reputation’s been wrecked? I think a pretty good rap sheet already achieved that, no? A bit of embarrassment? Hell yeah—that’s what happens when you do something stupid. In public.

And so now it’s another lawsuit that will clog up the media and clog up the courts—just as Marrero is about to pass through them again—as a defendant.

Asbestos News Roundup: 1.20.11

January 20th, 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 Hot Spots

Joilet, IL: Demolition of the White Store in downtown Joliet has been postponed until the last week of January because asbestos was found in the attic, according to Joliet Junior College (JJC) officials.

The former clothing factory was scheduled for demolition after it was sold to JJC. The college plans to clear the site to make way for a $42 million, 10-story City Center Campus, which is expected to bring more than 500 new students to the downtown area.

Demolition, which was slated to begin earlier this week, had already been delayed from November after discovery of asbestos in the building. All of the asbestos was believed to have been removed until more was found in the attic, said Kelly Rohder, a JJC spokeswoman.

The 102-year-old, four-story building sits at 235 N. Chicago St. It dates to the 1880s and originally was a clothing factory, then a popular spot to buy blue jeans in the 1960s and most recently a warehouse for a local furniture store. (triblocal.com)

Aspen, CO: Aspen’s City Market is scheduled to undergo asbestos abatement in the evenings, so shoppers can continue using the facility during the day. Colorado Department of Public Health and Environment approved the plan outlined by City Market to remove the asbestos from the ceiling of the market.

The asbestos abatement project is scheduled to start early in February, the amended permit, according to Jeff Adams, an environmental specialist, will look at allowing abatement work at night in a city where construction is normally permitted only during daytime. (seedol.com)

Enid, OK: $92,007 of additional funding is required to carry out asbestos removal from the south building of Coolidge Elementary School. The asbestos was a surprising find in the building. Read the rest of this entry »

Refurb Vacuum with $280K Worth of Illegal Extras

January 19th, 2011. By LucyC

What’s inside your vacuum? A woman in Green Bay, WI found 2 pounds of crystal methamphetamine and 2.2 pounds of cocaine. Shrink wrapped mind you—not loose. That was considerate, considering what a mess it could have caused.

The woman said she had been given the refurbished vacuum as a Christmas present from her children— where do they shop?

The local department store, as it turns out. In fact, the vacuum was refurbished in that well-known region of Mexico—Juarez—purported home to career mass murders and drug traffickers—then packed and shipped without triggering any kind of alarms. Lt. David Poteat told the Green Bay Press-Gazette that no one noticed anything untoward, including the department store where the vacuum had been purchased. It wasn’t until the woman opened the box the vacuum came in that the ‘bonus items’ were discovered.

Officials estimate the street value of the booty at $280,000. Good thing the stuff wasn’t stored in a blender instead. That would certainly have made an interesting ‘power drink.’

Valet parking at the hospital—really? While some hospitals do offer valet service, they typically have a sign or two up—and even a little valet booth. So I’m thinking this one’s a case of ‘if it sounds too good to be true, it probably is.’ A pregnant woman in Massachusetts who was experiencing labor pains and decided, Read the rest of this entry »

Can I still File a Lawsuit if there’s already a Settlement?

January 18th, 2011. By Kristine B

Good question—and this week, Pleading Ignorance answers it. It’s a question a lot of people have: Can I still file a lawsuit if there’s already a settlement? I spoke with attorney J. Benton Stewart of Stewart Law, P.L.L.C. to better understand the in’s and out’s of class action settlements and when it’s best to file your lawsuit. 

Before we can answer that question, we have to first understand how class action lawsuits and settlements work.

Class action lawsuits can be opt-in or opt-out lawsuits.

Opt-in Class Action Lawsuit

If they are opt-in, then you have to ask to be part of the lawsuit. Typically, with an opt-in class action, you have to submit a claim form indicating that you wish to be a part of the class action—you have to officially “opt in”. If on opt-in class action lawsuit settles and you weren’t part of the class, you’re still free to bring about your own lawsuit. If you were part of the class, then you can’t bring one of your own.

Opt-out Class Action Lawsuit

In an opt-out lawsuit, you’re automatically part of the class regardless of whether or not you meant to be—you have to tell the claims administrator that you don’t want to be part of the class before you’ll be taken out. In this situation, if you haven’t told them that you do not want to be part of the class and the lawsuit settles, you can’t bring your own lawsuit. Basically, if you’re included in a class that settles, either because you chose to be or because you didn’t opt-out, you can’t bring your own lawsuit.

Bottom line, if you think you may want to file your own lawsuit against the defendant in the class action lawsuit, you cannot have been a member of the class (ie, the plaintiffs) of the class action. Still with me? 

Of course, there’s more to it than that because of how settlements normally work. 

Class Action Lawsuit Settlements

Once a settlement is announced, usually a pool of money is set aside to pay all the claims. Instead Read the rest of this entry »