AMA settlement with United Healthcare

December 10th, 2009. By AbiK

If you remember my rant on out of network fees and the post on how those fees—ie, the reasonable and customary ones—are determined, compliments of a company called Ingenix, which is a unit of United Healthcare, well, here’s a little update.

Back when we were all either contemplating the end of the world as we knew it or laughing at those who were as we rang in the new millennium, another group of individuals was a little miffed with Ingenix and UnitedHealth: the AMA, the Medical Society of the State of New York, and the Missouri State Medical Association. And so, in 2000, they filed a lawsuit charging that United Healthcare Group colluded with others to underpay physicians for out-of-network medical services.

Well, here we are some nine years later and the US District Court for the Southern District of New York has granted preliminary approval of the $350 million settlement that if completely green-lighted will resolve the suit.

The final hearing date is still tbd—but it’ll be with the Hon. D. J. McKenna, US District Judge.

And you thought only patients were getting screwed by those health insurance company out-of-network fees…

Zhu Zhu Pooh-Poohed

December 10th, 2009. By Hunter West

They’re easily the hottest item on children’s wish list this year: The Zhu Zhu Hamsters. Every kid wants ‘Chunk,’ or ‘Pipsqueek,’ or ‘Num Nums’ under the tree this year. They are the 2009 version of Tickle-Me-Elmo, or the Cabbage Patch Dolls of years gone by. They’re not expensive, retailing for $8 to $10 each. But that’s if you can find them. There’s been a rush to buy them, the US-based manufacturer has cranked up production in China and opportunists—sensing a wave—have bought them up by the box load and have put them up on eBay selling for up to four or five times what they’re worth at retail. 

Little wonder. Did I mention Tickle-Me-Elmo? When your kid wants something sooooooooo badly, and between you and Santa nary a Zhu Zhu can be found, the internet may be your only savior. And there’s no price too high to delight your little girl, or boy Christmas morning. 

The big difference between the Tickle-Me-Elmo phenomenon and this time was the allegation from a consumer watchdog that the Zhu Zhu hamsters are unsafe. GoodGuide, a not-for-profit group with ties to the University of California at Berkeley, rocked the must-have toy world last Friday with allegations that testing done on ‘Mr. Squiggles,’ the light-brown member of the Zhu Zhu quartet, Read the rest of this entry »

Asbestos News Roundup: 12.10.09

December 10th, 2009. By AbiK

A roundup of recent asbestos-related news, asbestos lawsuits and settlements, and information that you should be aware of. 

Asbestos Lawsuit 

Rome, Italy: No, this isn’t in the US, but it’s getting worldwide attention… Stephan Schmidheiny of Switzerland and Jean-Louis de Cartier of Belgium have been charged—as key shareholders in the construction company, Eternit, which closed its Italian operation in 1986—with spreading asbestos fibers over large areas in northern Italy. How? The powdery fibers were the result of roof covering and pipe production at several plants they operated in the region. 

As reported, the trial opened this week in Turin. The lawsuit alleges that Schmidheiny and de Cartier were ultimately responsible for the asbestos-related deaths of hundreds of Eternit factory workers and local residents. In addition, about 3,000 victims and their families have joined a civil lawsuit attached to the criminal proceedings. 

The trial is expected to last up to two years. If convicted, Schmidheiny and de Cartier could face up to twelve years in prison. They both deny any wrongdoing. (Associated Press)

Asbestos Settlement

Washington, DC: Richard Pullman, a former Smithsonian Institution worker, has settled Read the rest of this entry »

How Negligent! (Using “Negligence” Incorrectly)

December 9th, 2009. By Kristine B

We’ve all heard the word “negligence” to describe someone’s actions or used as justification for a lawsuit. And we all probably even know some individuals we’d refer to as “negligent”. But, do you really know what negligence is and how it applies to the law? This week, Pleading Ignorance examines negligence: what it is, what it’s not and how it applies to the law. 

What is Negligence? 

Negligence is a person’s failure to use reasonable care. This can take two forms: either the failure to take action that a reasonable person would do, or doing something that a reasonable person would not do. In both cases, the responsible party’s actions result in some form of harm either to another person or to another person’s property. 

Both types of negligence can be seen in your average car crash. In the first—failure to take action that a reasonable person would—a negligent person might not ensure his vehicle is properly equipped with tires suited for extreme weather. Or, the negligent person might know that his vehicle is unsafe but not take his vehicle in for the proper repairs. 

In the second type of negligence—doing something a reasonable person would not do—the negligent person might continue to drive too fast for extreme weather conditions. Or, she might Read the rest of this entry »

Employers Warned that Workers Might Bail Next Year

December 9th, 2009. By janem

If some employers gaze into their crystal balls about now, they might want to start treating their workers better because 60 percent of employees intend to pursue new job opportunities now that the economic downturn is on an upswing.

According to a survey by Right Management Inc. that polled 904 North American workers, 21 percent said they “might” look for a new job and another 6 percent said a career move is unlikely, but they’ve updated their resumes anyway. So that leaves only 13 percent who intend to stay where they are. “Employees are clearly expressing their pent-up frustration with how they have been treated through the downturn,” said Right Management president Douglas Matthews.

Given those statistics, it’s gonna be interesting to see how many employees will stay loyal to a company that laid them off or basically took advantage of the economic climate to not pay overtime and other benefits.

Right Management also surveyed over 1,000 US employers and discovered that 9 out of 10 companies are willing to rehire former workers, mainly because they are “familiar with the jobs and the organizational culture”.

Maybe rogue employers should start paying overtime compensation. And they might have to dangle a pretty big carrot to get their former employees back…