Now that’s saying something

The 1851 Center for Constitutional Law released a study of the records of two Ohio Supreme Court Justices – Justices French and Kennedy – who are both running for re-election this year.  The study found that Justice French voted with her top campaign contributors over 91% of the time, and that Justice Kennedy voted with her contributors 88% of the time.  This study is really remarkable for a couple of reasons.

court gavel on U.S. Twenty dollar bills

First, money in politics matters.  We don’t want our government sold to the highest bidder.  Second, the 1851 Center is affiliated with the tea party movement.  One of their main issues is limited government.  The fact they they, of all groups, are critical of two of the conservatives on the Court says something.

What does this mean to you:

If you are interested in Justices who aren’t influenced by campaign contributions or are interested limiting government, this study suggests, these aren’t the Justices you’re looking for.

Shhh! We’d like to keep our fraud secret!

So, Über and Lyft want to keep their insurance policies secret, which raises a lot of questions in my mind.  Like, what are they hiding?  And specifically, what is covered by the policy?  Is it only the driver, or are the passengers covered too?  Seems like we should be allowed to know the answers.

secret

 

Interestingly, the companies are required to carry uninsured and underinsured motorist coverage – insurance that protects you when you are not at fault.  But, there is no requirement that the rest of us buy uninsured motorists coverage, and there is no requirement that your agent offer or even explain it to you.   Its important enough to require it for those services, but not for everyone else.  Hmmm.

What does this mean to you:

Go now and find out how much uninsured motorists coverage you carry on your insurance policy.  We will wait for you here.  Yes, its that important.  Go on.

Do you have uninsured motorists coverage in your auto policy?  Do you also have it in your umbrella policy?  What are the limits?  Considering that almost 15% of drivers carry no insurance and many more do not carry enough insurance, do you have high enough limits?

 

What did you expect?

Its football season again.  Finally.  But with the season comes the ongoing discussion about concussions, especially repeated ones, and what is and is not an acceptable level of carnage that players endure for our amusement.  The NFL recently settled a lawsuit by former players regarding concussions.  And now comes word that a suit has been filed in California against FIFA attempting to alter rules to curb concussions too.

Brain Trauma

What does this mean to you:

Does everyone know that slamming your head into a 300 lb. hunk of linebacker is probably not good?  Sure.  But if the organizing league had information that the problem is much worse than reported, and refused to take action to fix the problem, all in order to make a profit at expense of the players’ health, that is a problem too.

Where there’s smoke, there’s fire

When I was growing up, my grandfather was a smoker.  As entertainment for the grandkids when we’d go to visit, grandpa Harris would stand up on a chair, hold his lit cigarette up to the smoke detector, and set off the alarm.  Now that’s fun.

smoke detectorBut its only fun as long as the smoke detector works.   It was revealed this week that as many as 150,000 smoke detectors made by ESL and Interlogix have been recalled.  According to the Consumer Product Safety commission, radio interference can cause the detectors to fail.  Most were installed commercially in schools, apartments, hotels, and dorms. 

What does this mean to you:

Call your security or fire system company to see if you have one of the recalled units.  If you do, you can find out more by calling Edwards/ESL at (800) 655-4497 or Interlogix at (855) 286-8889.

Maria’s Message

For those who don’t know, Dom Tiberi is a Central Ohio sportscaster who lost his daughter, Maria, last year due to distracted driving.

Maria's Message

He and his wife have been on a tireless campaign to raise awareness of the dangers distracted driving poses to any one of us on the roads.  The Central Ohio Association for Justice was proud to present the 2014 Outstanding Citizen Award to Dom on behalf of Maria’s Message.

In addition, Marlboro will sponsor the Komen 5k race

Mark Twain once said that golf is a good walk spoiled.  Truth be told, I  tend to agree with him.  But people nonetheless seem to enjoy the activity, whether they’re out strolling the fairway or going for the long ball.

hip

Hopefully, then, the irony was not lost this week when it was announced that the PGA Tour would be sponsored by - wait for it – Stryker Orthopedics.  Yes, that Stryker Orthopedics.  The one that made 20,000 defective ABG II and Rejuvenate metal hip implants.  The ones that would be bad for golfers (or anyone else who likes to, you know, move) to use.

What does this mean to you:

Remember that advertising and corporate sponsorship can be as much about framing and creating a positive public image as about selling products.

And in other news, people no longer buying Ford Pintos

Change is hard.  I get it.  The people in the horse and buggy business probably didn’t like to see the advent of the automobile.  But as technology changes, especially in the the area of safety improvements, business must change and adapt along with it.

secret handshake

It is disappointing, then, but perhaps not surprising, to learn that many manufactures of table saws, such as Bosch, Black & Decker, Makita, and Ryobi, have been conspiring to thwart new safety rules to require automatic blade stop technology, called Saw Stop, in their saws.  And this is no small issue.  67,000 U.S. workers and do-it-your-selfers suffer blade contact injuries every year, according to the Consumer Product Safety Commission.

What does this mean to you:

Its one thing if they don’t want to adopt the safer technology, but its quite another to actively try to stop safer technology from being adopted as the standard.

Shop around before making a major tool purchase.  What you don’t know can hurt you.

What kind of action do you have?

Not all cases involving hundreds or thousands of plaintiffs are class actions.  Class cases make the most sense where the wrongful conduct applies the same to everyone affected.  Think of a corporation that misrepresents its financial condition.  All shareholders suffer the exact same loss in share value.

?????????????

But what about when the wrongful conduct affects lots of people, but each in their own individual way?  Those cases are called mutli-district litigation, or MDL for short.  MDL’s are common with defective medical devices, where the defect is the same in every case, but the way it affects each person is unique to their circumstances.

The defective Stryker hip implants is an example of a current MDL.  For every implant, the metal in the hip joint begins to fret, or corrode, causing pain and swelling in the hip joint.  Some affected patients may have to have a revision surgery, some won’t, while some may require multiple surgeries.

What does this mean to you:

Class actions get a bad name, perhaps not without merit, for automatically including people without their knowledge.  MDL’s on the other hand, require the plaintiff to actively pursue a claim for their harms and losses.

Testing, schmesting.

You would think that medical devices  implanted inside your body would be some of the most highly-tested products in the world.  Not so, though, for hip implants made by the Stryker company, who began selling its hips without going through clinical trials first.

science experiment

Stryker claimed its hips were similar to DePuy’s metal on metal hips that were already for sale.  The fault in this logic, if you can call it that, is that DePuy’s hip implants are the ones having problems with fretting and corrosion of the metal, which causes pain and swelling.  This defect may even lead to metalosis – metal toxicity in the blood stream caused by metal ions and shavings from the implant itself.  This, despite the fact that the industry has known for some time that as much as 40% of metal-on-metal hip implants would fail.

Stryker has since recalled its Rejuvenate and ABG II hip implants.  DePuy has since settled many of the claims against it for $2.5 billion.

What does this mean to you:

Someone with a recalled hip implant probably does not know the make or model they have.  If an implant patient continues to have, or suddenly develops, pain or swelling around their hip implant, they should check with their surgeon right away.

The itsy, bitsy baby climbed out of the high chair

I saw this story in the Columbus Dispatch today noting an increase in the number of injuries to babies caused by high chairs.  On average, 9,400 kids are hurt every year due to high chairs – a number that has been on the rise.

Baby in highchair

To be sure, some injuries were caused by children climbing out, while other are related to defects in the chair itself.

What does this mean to you:

Always register your baby products with the manufacturer so you are kept abreast of recalls.  Or, you can sign up to receive alerts from the Consumer Product Safety Commission.