California LVN to BSN Students Hung Out to Dry by Sonoma State, Indiana State?

October 15th, 2012. By AbiK

Just got an interesting email. A reader shared the predicament that 141 LVN to BSN students have found themselves in: they’ve matriculated in an online nursing program that’s a partnership between CSU’s Sonoma State University (SSU) and Indiana State University (ISU)—a program that had been approved by the California Board of Registered Nurses—but now there’s a catch. Seems the Memorandum of Understanding (MOU) between the two schools has been severed. (Note: go to minute 2:36:00 of above video).

Here’s what the reader had to share:

“The abrupt, unexpected severance of the Memorandum of Understanding (MOU) between Indiana State University (ISU) and Sonoma State University (SSU) threatens to leave ISU’s 141 California nursing students admitted into the dual enrollment LVN to BSN Online partnership approved by the California Board of Registered Nursing (BRN) without a teach-out plan, no viable opportunities to complete our educational goals, and significant financial, professional, and emotional hardships. We are LVNs seeking to complete our BSNs and advanced training to contribute to the professionalism of nursing; many of us are almost done with the program. We have lodged our complaints with both universities, the California State University Board of Trustees, and the National League for Nursing Accrediting Commission. However, we are finding few advocates in our corner and are at a loss for what actions to take at this point.”

Translation? Those 141 LVN to BSN students are left hanging for now. They’ve matriculated into a program they thought would allow them to get their BSN degree and now that their ability to do so is at risk, some are crying breach of contract.

For those who don’t have a clue about nursing acronyms, LVN is a Licensed Vocational Nurse—sometimes also called an LPN (Licensed Practical Nurse). LVN/LPN nurses are not RN’s (Registered Nurses)—and LVN is typically a one-year program whereas an RN  receives additional training. The American Nurses Association has more explanation on the various nursing degrees and licensing requirements.

Now, you might say, “What’s the big deal? Just transfer.” But apparently, it’s not that simple.

First off, the courses (and credits) specified as a part of this LVN to BSN program are, according to the 141 students left in the lurch, not transferable.

Second, California community college nursing programs have notoriously high wait lists for new students. NPR ran a story on the situation back in 2010—but if you listen to the challenges (the word “challenges” being an understatement) faced by some current LVN to BSN students who spoke at a Department of Consumer Affairs Board of Registered Nursing Webcast Board Meeting (September 27, 2012—see video above—fast-forward to minute 3:10:00 to hear student comments), the problem is far from resolved.

So what happened? Why are 141 nursing students at risk of being left without a nursing program they’d already been accepted to? If you watch the meeting minutes on the SSU and ISU nursing program partnership—which start at minute 2:36:00—it sounds like there’s been a bit of a snowball effect that began with a complaint by an ISU nursing student alleging fraudulent clinical hour documentation which then led to a halt on new students being admitted into the program pending an investigation. Comments like “we didn’t have a board then” and that the 3-month (May-July 2012) investigation “identified six areas of non-compliance” don’t spark confidence in how things were being run either.

But that’s not the fault of those 141 students who’d been matriculated and who now may find themselves collateral damage of the fraud allegations and non-compliance issues.

And you have to love the smug comments from the board—like those clarifying that, rather than supporting the nurses, they “support the public”. Talk about CYA. The only board member who’s willing to point at the “elephant in the room” is the woman on the far right. Aside from her, it’s painful to listen to all the bureaucratic b.s. and babbling. Granted, the Board doesn’t have the jurisdiction to change the situation—but the 141 nursing students aren’t asking for that; they’re asking the Board to have their backs—to support them in their quest to have the LVN to BSN program remain intact so they can complete their degree.

We’ll have to see how this plays out and what happens to those 141 nursing students. From the sound of it, there may well be a bit of legal wrangling to come in order to resolve things (note the comment from one affected student’s husband: “I would warn you that the lawsuits are going to begin. This is outrageous”). But it’s clear something ain’t right. And there’s now a petition over at Change.org with 493 supporters to date—you can check it out here.

Asbestos News Roundup: 10.11.12 – Veterans Asbestos Risk

October 11th, 2012. By AbiK

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

US Veterans and Merchant Marines at Risk for Asbestos Disease

Beginning in the 1930s, nearly all ships built by the US Navy—including submarines—contained insulation or other machine parts containing asbestos. From that time, until the 1970s, when the US Navy stopped using asbestos in shipbuilding, thousands of US Navy Veterans and former Merchant Marines who served during World War II, the Korean War, the Vietnam War and other conflicts were exposed to harmful levels of asbestos, placing them at risk of developing mesothelioma, lung cancer, asbestosis or other asbestos diseases. Shipyard workers, boiler mechanics, electricians and pipefitters who handled asbestos products are also at risk of developing asbetsos-related diseases.

Because of the long latency period of the disease, it may take up to 30 years—or more—before Veterans who were exposed to asbestos begin to develop the first symptoms of mesothelioma or other asbestos related cancers.

Many Veterans who were exposed to asbestos during their time in the military have filed lawsuits against the companies who manufactured asbestos products and the equipment that utilized these products on board US Navy and Merchant Marine ships. In their lawsuits, the Veterans’ alleged they were not warned about the risks of asbestos exposure, even when the companies who manufactured these asbestos products were fully aware of the danger they posed. Both the lawsuit filed by James Mahan, and the settlement for William LaParl, below, are reminders of the reality of asbestos disease.

Asbestos Lawsuits

St. Clair County, IL: James Mahan has filed an asbestos lawsuit naming 48 defendant corporations, which he alleges should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for his safety. As a result, Mahan claims the defendant companies caused him to develop lung cancer after his exposure to asbestos-containing products throughout his career.

In his lawsuit, Mahan states he was employed as a submarine maintenance worker from 1954 until 1957 and as a nursing assistant at the VA Hospital from 1958 until 1980. Between 1980 until 1983 he worked as a maintenance man for the North Little Rock Housing Authority. It was during his working life that he was exposed to asbestos-containing products.

As a result of his asbestos-related disease, Mahan has become disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the complaint says. In addition, he became prevented from pursuing his normal course of employment and, as a result, lost large sums of money that would have accrued to him, he alleges. (Madisonrecord.com)

St. Clair County, IL: Lynn Torres filed an asbestos lawsuit naming 33 defendant corporations, which, he alleges, caused him to develop lung cancer after his exposure to asbestos-containing products throughout his career.

According to his lawsuit, Torres worked as a welder at Kaiser Aluminum from 1966 until 1975 and at the Carpenters District Council for an unspecified amount of time. The lawsuit also contends that the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for the plaintiff’s safety.

As a result of his asbestos-related disease, Torres became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the complaint says. In addition, he became prevented from pursuing his normal course of employment and, as a result, lost large sums of money that would have accrued to him, he claims. (Madisonrecord.com)

Asbestos Settlements

Mt. Pleasant, SC: A $3.9 million jury’s verdict has been awarded to the family of deceased Merchant Marine, William LaParl of Michigan, who lost his life to asbestos mesothelioma.

On Friday, September 7, 2012, an eight-member jury found defendants Oglebay Norton Company, Columbia Transport Co., Interlake Steamship Company and Pringle Transit Company liable for “substantially contributing” to the death of William LaParl, who was 78 when he died in August 2006. Mr. LaParl retired from the Merchant Marines after 35 years of service and was diagnosed with mesothelioma in July 2006.

The suit alleged, among other claims, that negligence on the part of the defendants caused LaParl’s mesothelioma and ultimate death. The case, Delores A. LaParl, Personal Representative of the Estate of William S. LaParl, deceased v. Columbia Trans. Co., et al, No. CV-08-667485, was tried before Judge Harry Hanna in the Court of Common Pleas in Cuyahoga County, Ohio, Civil Division. (Redorbit.com)

UPDATE 2: Multi-State Fungal Meningitis Outbreak by the Numbers

October 9th, 2012. By AbiK

(Updated Information as of 10/12/12 shown in RED below)

Here’s the latest on the multi-state fungal meningitis outbreak.

– Reuters is reporting a member of the U.S. Senate has requested the U.S. Justice Department to conduct a criminal probe of possible fraud violations by NECC, the supplier of the contaminated steroid injections.

-Also, new estimates suggest as many as 14,000 individuals may have received the contaminated steroid—previously that number had been estimated to be 13,000.

-See updated ‘by the numbers’ information below.

If you or someone you know have had a steroid injection—an epidural (according to the CDC, epidurals given for childbirth do not use the same medication involved in this outbreak), a shot given by an orthopedist, etc.—check with your doctor and/or healthcare facility to find out if you may have been affected. Also, be aware of the symptoms associated with meningitis (some are listed below) and seek immediate medical help should you suspect that you may have been affected by a contaminated steroid injection.

While the source of the contamination that has led to so many cases of fungal meningitis has not yet been determined, an investigation continues. Meningitis victims may also wish to seek legal help and can do so by submitting the form here.

Most importantly though, be sure to talk to your medical provider if you suspect you may have received a tainted steroid injection. Symptoms of meningitis include new or worsening headache, fever, sensitivity to light, stiff neck, new weakness or numbness in any part of your body, slurred speech, and/or increased pain, redness or swelling at the injection site.

Here, the latest numbers on the meningitis outbreak:

Date of Recall:

September 26, 2012

Number of Lots Recalled:

3 lots of preservative-free methylprednisolone acetate (80mg/ml); the 3 lots contained 17,676 vials of medicine (Reuters)

Number of Suppliers who have Issued a Recall:

1—New England Compounding Center (NECC) issued a voluntary recall on September 26, 2012

Start Date in which Recalled Lots of Steroid Injections may have been used:

May 21, 2012

Number of States with Healthcare Facilities that received Recalled Lots of Steroid Injections:

23  (California, Connecticut, Florida, Georgia, Idaho, Illinois, Indiana, Maryland, Michigan, Minnesota, North Carolina, New Hampshire, New Jersey, Nevada, New York, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Virginia, West Virginia)

First State to Detect a Case of Fungal Meningitis related to the Recalled Steroid Injections:

Tennessee, which has had the most reported cases to date (35) and 4 reported deaths

Number of States with Reported Cases of Fungal Meningitis:

11 states have reported cases–Florida (4), Idaho (1), Indiana (12), Maryland (8), Michigan (25), Minnesota (3), North Carolina (2), Ohio (1), Tennessee (39), Virginia (24), New Jersey (1)

Number of Reported Cases of Fungal Meningitis:

170 cases of fungal meningitis have been reported to date

Number of Deaths related to Fungal Meningitis Outbreak:

14 deaths have been reported to date in the following states: Florida (2), Indiana (1), Maryland (1), Michigan (3), Tennessee (6), Virginia (1)

Number of Individuals who may have Received an Injection from the Recalled Lots:

An estimated 14,000 individuals may have received a steroid injection from the recalled lots

Source: Centers for Disease Control (CDC.com), unless otherwise noted. A full list of healthcare facilities by state that had received part of the recalled lots from NECC is available at the CDC website.

 

 

Asbestos News Roundup: 10.4.12 – Auto Mechanic Asbestos Risk

October 4th, 2012. By LucyC

 

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

Auto Mechanic Asbestos Disease Risk

Auto mechanics may not know it but they are at risk for asbestos-related disease. Asbestos was used in countless products, including automotive parts such as brake linings and clutch facings, from the 1930s until the 1980s. In fact, it is still used today in many products like car brakes, according to the Environmental Protection Agency (EPA).

According to an EPA document entitled “Guidance for Preventing Asbestos Disease Among Auto Mechanics”, “Millions of asbestos fibers can be released during brake and clutch servicing. Grinding and beveling friction products can cause even higher exposures. Like germs, asbestos fibers are small enough to be invisible and they can remain and accumulate in the lungs.” This can cause asbestos disease such as asbestos mesothelioma, which can take 30 years to manifest.

Asbestos Lawsuits

St. Clair County, IL: An asbestos lawsuit has been filed by Raymond and Deana Griggs naming 44 defendant corporations. In their lawsuit, the Griggs allege Raymond developed lung cancer as a result of being exposed to asbestos-containing product throughout the course of his work. The complaint states that Raymond Griggs worked as a miner, operator and maintenance worker from 1974 until 1984.

The Griggs further allege that the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for Mr. Griggs’ safety.

As a result of his asbestos-related diseases, Raymond Griggs became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the lawsuit states. In addition, he became prevented from pursuing his normal courses of employment and, as a result, lost large sums of money that would have accrued to him, the couple claim.

In their complaint, the Griggs are seeking a judgment of more than $100,000, compensatory damages of more than $100,000, economic damages of more than $150,000 and punitive and exemplary damages of more than $100,000, plus other relief the court deems just.

St. Clair County, IL: 77 defendant companies have been named in an asbestos lawsuit filed by Herman and Dorothy Leamons. Specifically, the Leamons allege the defendant companies caused Herman Leamons to develop colon cancer after his exposure to asbestos-containing products throughout his careers.

According to the Leamons’ complaint, Herman Leamons worked as a member of the PPF/UA Plumbers and Pipe Fitters Union Local 706 out of Arkansas and worked as a pipefitter at Ace Supply Company from 1970 until 1977.

The Leamons allege the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for the plaintiff’s safety.

As a result of their asbestos-related diseases, Herman Leamons became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the lawsuit states. In addition, he became prevented from pursuing his normal courses of employment and, as a result, lost large sums of money that would have accrued to him, the Leamons allege in their lawsuit.

In their complaint, the Leamons are seeking a judgment of more than $150,000, punitive and exemplary damages of more than $100,000, economic damages of more than $100,000, compensatory damages of more than $100,000 and punitive damages in an amount sufficient to punish the defendants and to prevent them from committing the same actions again.

Jefferson County, TX: Carol Gatlin has filed an asbestos lawsuit on behalf of the late Kenneth Gatlin, naming eight companies as defendants.

The lawsuit claims that because of Kenneth Gatlin’s exposure to asbestos-containing products over his career, he contracted esophageal cancer, a serious and debilitating disease that ended his life.

The lawsuit accuses the defendants of negligently selling and using asbestos products despite actual knowledge of the extreme risk of harm inherent to asbestos exposure. Further, the lawsuit claims the defendants also negligently failed to provide Kenneth Gatlin with a safe place to work.

The defendants named in the suit include Cameron Iron Works, Cooper Industries, Chevron USA, Air Liquide America, Guard-Line, Triplex, Yarway Corp. and Santa Fe Braun Inc. (SETexasrecord.com)

Asbestos Law

Chattanooga, TN: David Wood, James Mathis and Donald Fillers and the Watkins Street Project LLC have been sentenced for convictions of conspiracy and violating federal clean air laws. The men were charged for environmental violations that occurred while they worked on the demolition of a Chattanooga textile mill that contained large amounts of asbestos. Specifically, the prosecutors contended that while working on the former Standard Coosa Thatcher plant, the men and their company allowed asbestos to become airborne.

The men, convicted in January, were sentenced on Monday: Woods receive a 20-month prison sentence, Fillers a a a four-year prison sentence and fined $20,000, and Mathis received an 18-month prison term. The company must pay a $30,000 fine. (The Associated Press)

In The Navy? Restoration Hardware Knock-Off Lawsuit Says Knock It Off

October 3rd, 2012. By AbiK

After being on the receiving end of some hard knocks (read: internal investigation re: dating younger staffer and having to step down from CEO prior to IPO as result), Gary Friedman and his former company, Restoration Hardware, have been told to knock it off with the knock-offs via a newly filed trademark infringement lawsuit. And no, we can’t possibly fit another “knock” into that sentence.

Here’s the thing. It’s no a-ha moment that Restoration Hardware (aka RH) along with just about every other mass market furniture retailer knocks off some original designs—typically with a tweak here and there and a downgrade on the materials and manufacturing—in order to sell “design” to the masses at a lower price.  Those design modifications, however, are usually significant enough, even to the untrained eye, to establish the wannabe design as “reflective of” the original design without being an exact mirror image of it.

Enter Restoration Hardware’s Naval Chair. No, you can’t find it on their website at present because they’ve since renamed this chair the “Aluminum Standard Side Chair.” Regardless, that chair, according to the lawsuit, is strikingly similar in look to the one that the folks at Emeco originally designed for the US Navy. Heck, RH apparently didn’t even take too many strides to alter the name—”Navy” to “Naval”? Please.

For those of you who don’t follow “design”, here’s some background from Emeco’s website:

“Emeco was originally founded following a collaborative project with Alcoa to develop a seaworthy chair for submarines and warships. The Navy chairs are impervious to corrosion, non magnetic, lightweight and most importantly incredibly strong – attributes of aluminum that we have now grown to appreciate and love. By the end of the 1950’s Emeco aluminum chairs outfitted all famous U.S Navy Ships and submarines including the first nuclear submarine, Nautilus.”

No question, the Emeco Navy® Chair (note the registered trademark symbol) has been in continuous production and easily identifiable for quite some time.

The lawsuit was filed soon after RH’s IPO filing—tbd on what kind of impact it might have, if any. That, after highly mixed reviews following RH’s re-image a while back—comments like “trendy fake” on one forum come to mind. If you’re not familiar with the new look, two words sum it up: oversized and monotone. The pic at right is a personal fave—the light fixture—try having a conversation around that baby—where’s Seinfeld when you need him? It must appeal to someone, just hard to imagine whom—particularly when your flip through their baby room “showroom” online and find yourself immersed in a whir of endless beige and mushroom and envision a child welcomed into a world of blah.

And get this, they now have plans—according to the WSJ’s report on RH’s IPO—to go into apparel, accessories, footwear and jewelry. Anyone want to venture a guess as to what the palette will be? Someone get them a color wheel—stat!

In the meantime, we’ll have to see where this one nets out.