Showing posts sorted by relevance for query future. Sort by date Show all posts
Showing posts sorted by relevance for query future. Sort by date Show all posts
Monday, March 21, 2016
Thursday, May 28, 2020
Rep. Maloney Joins with Industry and Trade Association Leaders to Introduce the Pandemic Risk Insurance Act
Congresswoman Carolyn B. Maloney (D-NY), senior member of the House Financial Services Committee, today joined with various stakeholders to introduce H.R. 7011, the Pandemic Risk Insurance Act of 2020 (PRIA). This legislation will create the Pandemic Risk Reinsurance Program, a system of shared public and private compensation for business interruption losses resulting from future pandemics or public health emergencies.
Saturday, February 1, 2020
CertainTeed files for bankruptcy claiming asbestos liabilities
DBMP LLC, an affiliate of CertainTeed LLC, based in North Carolina that holds the legacy asbestos liabilities of the former CertainTeed Corporation, today announced that it has filed a voluntary petition for Chapter 11 relief in the U.S. Bankruptcy Court for the Western District of North Carolina in Charlotte in an effort to equitably and permanently resolve all of its current and future asbestos claims. Chapter 11 is a special legal process under U.S. law, which can take 3 to 8 years to run its course, that immediately stays all litigation thus allowing the filing company the time and protection to negotiate in a single forum an agreement approved by claimants and by the court.
Tuesday, July 13, 2010
Asbestos Manufacturer Circor - Leslie Files for Bankruptcy Protection
Circor International, Inc. (NYSE: CIR) today announced a major development in its effort to stem mounting asbestos litigation costs and resolve asbestos liability claims at its Leslie Controls, Inc. subsidiary.
Leslie today filed a pre-negotiated plan of reorganization as a voluntary petition under Chapter 11 of the U.S. Bankruptcy Code in U.S. Bankruptcy Court for the District of Delaware. Supported by a committee of attorneys representing current asbestos claimants and a proposed independent representative of future claimants, the plan is intended to permanently resolve Leslie’s asbestos liability through the creation of a trust pursuant to Section 524(g) of the U.S. Bankruptcy Code. All current and future asbestos claims against Leslie would be channeled to the trust for review and payment, thus providing both Leslie and CIRCOR with permanent court protection from such claims.
“Because we strongly believe that exposure to Leslie’s products has not caused any asbestos-related illness, our strategy has been to vigorously defend these claims,” said CIRCOR Chairman and Chief Executive Officer Bill Higgins. “However, the cost of this defense has exceeded the profits generated by Leslie’s operations, and we have been considering for some time a range of strategic alternatives that would enable us to permanently eliminate this expense and risk. Resolving Leslie’s asbestos liability through a pre-negotiated plan of reorganization accomplishes that aim, while preserving the value of a strong and viable business.”
Asbestos is a known cancer causing agent and has been linked to asbestosis and mesothelioma.
“We believe that a 524(g) trust that equitably resolves all pending and future claims and provides CIRCOR with permanent protection from derivative claims is in the best interest of all our stakeholders, including CIRCOR’s shareholders and Leslie’s customers, suppliers and employees,” Higgins continued. “Unencumbered by financial and legal exposure to asbestos liability, Leslie will be positioned to grow and contribute to CIRCOR’s profitability and cash flow going forward.”
Leslie intends to conduct business as usual during the Chapter 11 process, which could be completed in as little as 120 days., Today’s filing stays all pending and future asbestos litigation against Leslie. As a result, Leslie expects that its cash from operations will be sufficient to satisfy all of its operating obligations during this period. In addition, debtor-in-possession financing has been arranged for Leslie if needed.
Key terms of the pre-negotiated plan are as follows:
Funding for the 524(g) trust will consist of a $75 million contribution by Leslie andCIRCOR together with a contribution of proceeds from Leslie’s remaining asbestos insurance assets;
A provision that permanently protects CIRCOR and its affiliates from future derivative claims associated with Leslie’s asbestos liability; and
Leslie will remain a subsidiary of CIRCOR during and after Chapter 11.
Asbestos is a known cancer causing agent and has been linked to asbestosis and mesothelioma.
“We believe that a 524(g) trust that equitably resolves all pending and future claims and provides CIRCOR with permanent protection from derivative claims is in the best interest of all our stakeholders, including CIRCOR’s shareholders and Leslie’s customers, suppliers and employees,” Higgins continued. “Unencumbered by financial and legal exposure to asbestos liability, Leslie will be positioned to grow and contribute to CIRCOR’s profitability and cash flow going forward.”
Leslie intends to conduct business as usual during the Chapter 11 process, which could be completed in as little as 120 days., Today’s filing stays all pending and future asbestos litigation against Leslie. As a result, Leslie expects that its cash from operations will be sufficient to satisfy all of its operating obligations during this period. In addition, debtor-in-possession financing has been arranged for Leslie if needed.
Key terms of the pre-negotiated plan are as follows:
Funding for the 524(g) trust will consist of a $75 million contribution by Leslie andCIRCOR together with a contribution of proceeds from Leslie’s remaining asbestos insurance assets;
A provision that permanently protects CIRCOR and its affiliates from future derivative claims associated with Leslie’s asbestos liability; and
Leslie will remain a subsidiary of CIRCOR during and after Chapter 11.
Click here to read more about asbestos related disease and claims for benefits. For over 3 decades the Law Offices of Jon L. Gelman1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered asbestos related illnesses.
Saturday, December 13, 2008
Federal Appeals Court Upholds Constitutional Challenge Against CMS Memo
In a significant decision the 10th Circuit Federal Court of Appeals ruled that a constitutional challenge against the CMS 2005 CMS memo on future medical benefits in workers' compensation claims may proceed. The Court reversed the decision of the trial court and remanded the case for further proceedings.
07-1175 - Protocols, LLC v. Leavitt (12/11/2008)
The Court ruled:
"This suit arose after CMS clearly rejected such use of § 411.47, declaring that it applies only to medical expenses incurred before the workers' compensation settlement. In a memorandum issued on July 11, 2005 (the 2005 Memo), it said.
Q11. Compromising of Future Medical Expenses-Does CMS compromise or reduce future medical expenses related to a [workers' compensation] injury?
A11. No. Some submitters have argued that 42 C.F.R. § 411.47 justifies reduction to the amount [set aside for Medicare in a workers' compensation settlement]. The compromise language in this regulation only addresses conditional (past) Medicare payments. The CMS does not allow the compromise of future medical expenses related to a [workers' compensation] injury."
"In light of this precedent, we conclude that Protocols has suffered an actual injury. It admits that it has arranged settlements that are contrary to what CMS has declared to be required. As a result, CMS may sometime in the future demand that Protocols reimburse Medicare for Protocols' portion of settlement proceeds. And according to affidavits submitted by Protocols, this potential liability has a present impact on its business-that is, the contingent liability has created an actual and imminent injury."
07-1175 - Protocols, LLC v. Leavitt (12/11/2008)
Thursday, June 21, 2012
CMS and Future Medicals: New Rules Proposed
The Centers for Medicare and Medicaid Services (CMS) is proposing several options to efficiently and effectively handle issues concerning the payment of future medicals.
"This advance notice of proposed rulemaking solicits comment on standardized options that we are considering making available to beneficiaries and their representatives to clarify how they can meet their obligations to protect Medicare's interest with respect to Medicare Secondary Payer (MSP) claims involving automobile and liability insurance (including self-insurance), no-fault insurance, and workers' compensation when future medical care is claimed or the settlement, judgment, award, or other payment releases (or has the effect of releasing) claims for future medical care."
***
"We are issuing this advance notice of proposed rulemaking (ANPRM) to solicit public comments on standardized options that beneficiaries and their attorneys or other representatives will be able to use to resolve MSP obligations related to settlements, judgments, awards, or other payments (hereinafter, for ease of reference in this document and unless otherwise indicated, “settlement(s)”) involving future medical care while protecting Medicare's interest."
Click here to read the Federal Register Notice.
"This advance notice of proposed rulemaking solicits comment on standardized options that we are considering making available to beneficiaries and their representatives to clarify how they can meet their obligations to protect Medicare's interest with respect to Medicare Secondary Payer (MSP) claims involving automobile and liability insurance (including self-insurance), no-fault insurance, and workers' compensation when future medical care is claimed or the settlement, judgment, award, or other payment releases (or has the effect of releasing) claims for future medical care."
***
"We are issuing this advance notice of proposed rulemaking (ANPRM) to solicit public comments on standardized options that beneficiaries and their attorneys or other representatives will be able to use to resolve MSP obligations related to settlements, judgments, awards, or other payments (hereinafter, for ease of reference in this document and unless otherwise indicated, “settlement(s)”) involving future medical care while protecting Medicare's interest."
Click here to read the Federal Register Notice.
Friday, November 29, 2013
Scientific Evidence to Support 'Seven Generations' future thinking; our toxic chemical exposures may harm our great-grandchildren
| Native American tribes hold dear the concept of seven generations planning, that the impact of decisions should be considered out seven generations into the future, about 150 years. The idea is that our decisions today should consider the potential benefits or harm that would be felt by seven future generations. While such future-thinking has obvious ethical and moral value, it seems that it may also have scientific validity. A recent article by Washington State University biologist, Dr. Michael Skinner and his scientific team provides evidence from rat studies that male infertility can result from an exposure to the pesticide vinclozolin. What’s the catch? The pesticide exposure was not to the infertile rat, but to its great grandmother, three generations earlier! But, this wasn’t Skinner’s first article on... |
Saturday, August 3, 2013
Garlock testimony switches to financial liability
Asbestos companies have for decades attempted to limit their personal injury claims liability by filing for bankruptcy protection. The Union Asbestos and Rubber Company and Johns Manville were the first in a series of companies who have sough protection. Adequately funding an asbestos personal injury claims trust is essential to protect injured workers and other victims of asbestos disease, ie. asbestosis, lung cancer & mesothelioma. As long as asbestos is not banned in the US, it is critical that these trust adequately compensate the victims and potential victims for decades into the future.
Today's post was shared by Legal Newsline and comes from legalnewsline.com
 |
| Bates |
Attorneys transitioned Friday from days of expert testimony on the carcinogenic effects of asbestos and the work practices of attorneys representing asbestos plaintiffs to arguments about how much financial liability Garlock Sealing Technologies should face in the company’s ongoing bankruptcy trial.
Garlock attorneys called on economists to give the court estimates for how much money the company should place in a trust for future mesothelioma victims who might sue the company over exposure to asbestos from their products. Doing so will allow the company to escape bankruptcy.
Sunday, December 6, 2020
NYC Prepares for the Next Pandemic
Planning ahead is critical to avoiding uncontrollable infectious diseases. Looking forward, employers and insurance carriers should expand their health prevention programs and join efforts like those New York City has announced to prepare for the next pandemic. Inventing prevention is a necessity.
Sunday, September 5, 2010
The Fatal Consequences of the GM Bankruptcy
Image via WikipediaThe General Motors (GM) bankruptcy is going to adversely impact workers' compensation. It has been estimated that GM is facing $500 Million worth of future mesothelioma claims that its bankruptcy estate is going to avoid paying. The claims will arise because deadly asbestos fiber that was used in in the manufacture of GM products including brakes.
Last month U.S. Bankruptcy Judge Robert Gerber in New York permitted the unsecured creditors (asbestos claimants) to obtain documentation from GM about the number of estimated / asbestos liability claims it could be facing in the future. As a result of the bankruptcy action, GM transfered its assets only to Motors Liquidation Co., but it plans not to transfer its asbestos liabilities to the new company. Therefore, future asbestos claims against GM will not be paid.
Brakes linings were raw asbestos. GM brakes were sold to and used by auto-mechanics for decades. Asbestos is a known carcinogen and its deadly effects have been recognized since the early 20th century. One of the latent diseases caused by asbestos exposure is mesothelioma, a rare and fatal illness.
Workers' Compensation systems throughout the United States have been literally swamped with asbestos related claims as the workforce aged and the disease has manifested. The workers' compensation insurance carriers and past employers who used asbestos products have sought to be reimbursed for benefits paid to injured workers by the ultimate wrongdoers, the suppliers, manufacturers and distributors of asbestos products. Those wrongdoers failed to place warning of its products concerning the hazards of asbestos fiber and knew of the hazards.
Taking away the right of ill employees to seek benenfits from GM for its alleged wrongful acts will severely impact the workers' compensation system throughout the US, especially if this process of avoidance becomes of model for future asbestos bankruptcy actions. Difficulties navigating the workers compensation systems at present for occupational illness benefits have become burdensome and extremely difficult for injured workers and their families. GM's attempt to absolve itself from financial responsibility for asbestos related disease should not be permitted as it may create a fatal economic attack on the ailing compensation system.
For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered asbestos related disease.
Monday, October 21, 2013
The Future of Workers' Compensation
The deal President Barack Obama, Republican and Democratic lawmakers reached to reopen the federal government and raise the debt ceiling includes a bipartisan panel charged with producing a long-term budget agreement.
 In remarks Thursday, the president called for a new era of bipartisan cooperation on Capitol Hill. “To all my friends in Congress, understand that how business is done in this town has to change,” the president said. He noted that the nation’s fiscal challenges are the “long-term obligations that we have around things like Medicare and Social Security. We want to make sure those are there for future generations. “ In a joint statement, Murray and Ryan pledged to work together to find a way around the automatic spending cuts known as “sequestration” now governing federal spending. “We hope we can reduce the deficit in a smarter way. We hope to restore stability to the budget process and end the lurching from crisis to crisis,” they said. Medicare currently accounts for 16 percent of the federal budget, a share that will grow as more baby... |
Friday, January 25, 2008
Presidential Primaries Are Defining the Future Course of Workers' Compensation Medical Benefits
Workers' Compensation medical benefits continue to be up for grabs as the US Presidential Primaries continue. The problematic compensation delivery system continues to provide little cost containment, high administrative costs and continues to drain the system by endless delay hampering the delivery of effective medical care.
A recent survey article in the New England Journal Medicine, baes on a Kaiser Family Foundation and Harvard School of Public Health review, crystallizes the political future of universal health care based upon present perceptions and future solutions. The review article analyzes multiple surveys and concludes that while polarization continues in many areas there are common grounds. It are those similarities that will define the future of medical care in the US.
While both Democrats (79%) and Republicans (52%) agree that the nation's health care system is "poor," they both Democrats (46%) and Republicans (28%) agree that it does not need to be completely rebuilt.
Both parties content that the failure to health insurance is a serious problem, Democrats (94%) and Republicans (55%) and the overwhelming majority of both parties feel that employers should not bear the responsibility for medical care, Democrats (19%) and Republicans (19%). The issue over the implementation of a universal coverage program seems to be split consistently along party lines, Democrats (79%) and Republicans (53%).
Interestingly enough very few surveyed wish to reduce Federal government programs, Democrats (5%) and Republicans (12%) which implies that a shift to a more efficient and effective Federal universal system would be warranted. Incorporating workers' compensation medical benefits into such a universally designed system would appear to be the direction where things are headed.
Monday, January 25, 2021
"Made in America" Will Impact Workers' Compensation Nationally
Today, President Biden signed the Executive order, Made in America.” The effort to move manufacturing jobs back to the United States will have a major impact going forward for the entire workers' compensation system. This initiative will expand the workforce and expand the potential of a major increase in workers' compensation benefits through increased wages/rates and premiums paid for coverage and all related cottage industries involved in the social insurance program.
Saturday, January 24, 2015
Survey Shows Americans Support Social Security Changes; Republicans and Democrats Agree
Massachusetts and Rhode Island residents receiving Social Security benefits can take comfort in the fact that support for the program remains strong across the country. Americans report strong support for Social Security and are willing to pay more in taxes to stabilize the system’s finances and improve benefits, according to a recent survey by the nonpartisan National Academy of Social Insurance.
“At a time when the nation seems deeply divided about the proper size and role of government, Americans show remarkably widespread agreement on Social Security,” said Virginia Reno, the Academy’s Vice President for Income Security Policy and co-author of the new study, Americans Make Hard Choices on Social Security: A Survey with Trade-Off Analysis
[PDF], which was supported by the Ford Foundation and the Tufts Health Plan Foundation.
In Massachusetts and Rhode Island, a total of 1.4 million people (or about 18% of the population) receive Social Security benefits, according to December 2013 figures. Their average benefit amount is $1,204 a month, or just under $14,500 a year. On an annual basis, that brought $20.5 billion in income to the area – 4.7% of all personal income in the two states combined, according to the Bureau of Economic Analysis. Americans of all ages value Social Security’s protections, and for seniors in particular – who make up one million of the area’s beneficiaries – its dependable income is vital for healthy aging. As documented in the Massachusetts Healthy Aging Data Report, approximately 28% of the population age 65 and older have incomes less than $20,000 per year. As such, for this population Social Security is the primary source of income.
Large majorities of survey participants, both Republicans and Democrats, agree on ways to strengthen Social Security – without reducing benefits. Fully 69% of Republicans and 84% of Democrats agree “it is critical to preserve Social Security benefits for future generations even if it means increasing the Social Security taxes paid by working Americans.”
When asked the same question about top earners, 71% of Republicans and 92% of Democrats agree that they could pay more. Social Security taxes are paid by workers and their employers on earnings, but only up to a cap ($118,500 in 2015). About 6% of workers earn more than the cap.
Majorities oppose measures to balance Social Security’s future finances by reducing benefits. Fully 75% of respondents oppose increasing the retirement age to 70; and 76% oppose reducing the cost-of-living adjustment (COLA) that retirees receive.
To gauge Americans’ policy preferences, the survey used trade-off analysis — a technique that is widely used in market research to learn which product features consumers want and are willing to pay for. The trade-off exercise allowed survey participants to choose among different packages of Social Security changes. As lawmakers would do, they weighed how each policy change would affect workers, retirees, and the program’s future financing gap, and then chose among different packages of reforms. Seven out of 10 participants prefer a package that would eliminate Social Security’s long-term financing gap without cutting benefits. The preferred package would:
Gradually, over 10 years, eliminate the cap on earnings taxed for Social Security. With this change, the 6% of workers who earn more than the cap would pay into Social Security all year, as other workers do. In return, they would get somewhat higher benefits.
Gradually, over 20 years, raise the Social Security tax rate that workers and employers each pay from 6.2% of earnings to 7.2%. A worker earning $50,000 a year would pay about 50 cents a week more each year, matched by the employer.
Increase Social Security’s cost-of-living adjustment to reflect the inflation experienced by seniors.
Raise Social Security’s minimum benefit so that a worker who pays into Social Security for 30 years or more can retire at 62 or later and have benefits above the federal poverty line.
Without any changes, Social Security would be able to pay only about three-quarters of scheduled benefits after 2033. This package would turn the projected financing gap into a small surplus, providing a margin of safety.
The package was preferred by large majorities across political parties and income levels. Fully 68% of Republicans, 74% of Democrats, and 73% of independents favor the package, as do 71% of study participants with incomes above $75,000 and 68% of those with incomes under $35,000.
“This study deserves close attention by lawmakers,” said James Roosevelt Jr., CEO of Tufts Health Plan and grandson of Franklin D. Roosevelt, who signed the original Social Security law in 1935. “To get to stronger reforms in our system, we need to negotiate with a better understanding of what people need and are willing to ‘trade-off.’ This survey gets us closer to that.”
About the survey: The survey was conducted online to facilitate use of the deliberative trade-off exercise. Greenwald & Associates partnered with the Academy to survey 2,013 Americans ages 21 and older between June 12 and 23, 2014. Participants were randomly selected from the Research Now consumer panel of nearly 2.2 million individuals. Results are weighted to reflect the U.S. adult population in the March 2013 Current Population Survey. The survey was released nationally in October 2014. The findings of this 2014 survey are consistent with a similar survey by the Academy in 2012, an indication of stability in Americans’ views on Social Security and how they want to remedy its future financing gap.
The National Academy of Social Insurance is a non-profit, nonpartisan organization made up of the nation’s leading experts on social insurance. Its mission is to advance solutions to challenges facing the nation by increasing public understanding of how social insurance contributes to economic security.
“At a time when the nation seems deeply divided about the proper size and role of government, Americans show remarkably widespread agreement on Social Security,” said Virginia Reno, the Academy’s Vice President for Income Security Policy and co-author of the new study, Americans Make Hard Choices on Social Security: A Survey with Trade-Off Analysis
[PDF], which was supported by the Ford Foundation and the Tufts Health Plan Foundation.In Massachusetts and Rhode Island, a total of 1.4 million people (or about 18% of the population) receive Social Security benefits, according to December 2013 figures. Their average benefit amount is $1,204 a month, or just under $14,500 a year. On an annual basis, that brought $20.5 billion in income to the area – 4.7% of all personal income in the two states combined, according to the Bureau of Economic Analysis. Americans of all ages value Social Security’s protections, and for seniors in particular – who make up one million of the area’s beneficiaries – its dependable income is vital for healthy aging. As documented in the Massachusetts Healthy Aging Data Report, approximately 28% of the population age 65 and older have incomes less than $20,000 per year. As such, for this population Social Security is the primary source of income.
Large majorities of survey participants, both Republicans and Democrats, agree on ways to strengthen Social Security – without reducing benefits. Fully 69% of Republicans and 84% of Democrats agree “it is critical to preserve Social Security benefits for future generations even if it means increasing the Social Security taxes paid by working Americans.”
When asked the same question about top earners, 71% of Republicans and 92% of Democrats agree that they could pay more. Social Security taxes are paid by workers and their employers on earnings, but only up to a cap ($118,500 in 2015). About 6% of workers earn more than the cap.
Majorities oppose measures to balance Social Security’s future finances by reducing benefits. Fully 75% of respondents oppose increasing the retirement age to 70; and 76% oppose reducing the cost-of-living adjustment (COLA) that retirees receive.
To gauge Americans’ policy preferences, the survey used trade-off analysis — a technique that is widely used in market research to learn which product features consumers want and are willing to pay for. The trade-off exercise allowed survey participants to choose among different packages of Social Security changes. As lawmakers would do, they weighed how each policy change would affect workers, retirees, and the program’s future financing gap, and then chose among different packages of reforms. Seven out of 10 participants prefer a package that would eliminate Social Security’s long-term financing gap without cutting benefits. The preferred package would:
Gradually, over 10 years, eliminate the cap on earnings taxed for Social Security. With this change, the 6% of workers who earn more than the cap would pay into Social Security all year, as other workers do. In return, they would get somewhat higher benefits.
Gradually, over 20 years, raise the Social Security tax rate that workers and employers each pay from 6.2% of earnings to 7.2%. A worker earning $50,000 a year would pay about 50 cents a week more each year, matched by the employer.
Increase Social Security’s cost-of-living adjustment to reflect the inflation experienced by seniors.
Raise Social Security’s minimum benefit so that a worker who pays into Social Security for 30 years or more can retire at 62 or later and have benefits above the federal poverty line.
Without any changes, Social Security would be able to pay only about three-quarters of scheduled benefits after 2033. This package would turn the projected financing gap into a small surplus, providing a margin of safety.
The package was preferred by large majorities across political parties and income levels. Fully 68% of Republicans, 74% of Democrats, and 73% of independents favor the package, as do 71% of study participants with incomes above $75,000 and 68% of those with incomes under $35,000.
“This study deserves close attention by lawmakers,” said James Roosevelt Jr., CEO of Tufts Health Plan and grandson of Franklin D. Roosevelt, who signed the original Social Security law in 1935. “To get to stronger reforms in our system, we need to negotiate with a better understanding of what people need and are willing to ‘trade-off.’ This survey gets us closer to that.”
About the survey: The survey was conducted online to facilitate use of the deliberative trade-off exercise. Greenwald & Associates partnered with the Academy to survey 2,013 Americans ages 21 and older between June 12 and 23, 2014. Participants were randomly selected from the Research Now consumer panel of nearly 2.2 million individuals. Results are weighted to reflect the U.S. adult population in the March 2013 Current Population Survey. The survey was released nationally in October 2014. The findings of this 2014 survey are consistent with a similar survey by the Academy in 2012, an indication of stability in Americans’ views on Social Security and how they want to remedy its future financing gap.
The National Academy of Social Insurance is a non-profit, nonpartisan organization made up of the nation’s leading experts on social insurance. Its mission is to advance solutions to challenges facing the nation by increasing public understanding of how social insurance contributes to economic security.
Monday, December 21, 2015
Congress extends the Zadroga 9/11 Health and Compensation Act
The United States Congress has voted to extend the James Zadroga 9/11 Health and Compensation Act as part of a major spending bill that now heads to the President’s desk to be signed into law. The bill will extend the World Trade Center Health Program to 2090 and provide full compensation to survivors and first responders through the September 11 Victim Compensation Fund.
Thursday, June 9, 2016
NJ Supreme Court Allows COLA Pension Freeze
LaVECCHIA, J., writing for a majority of the Court. In this appeal, the Court considers whether the 2011 suspension of State pension cost-of-living adjustments (COLAs), L. 2011, c. 78, contravened a term of the contract right granted under the earlier enacted “non-forfeitable right” statute, L. 1997, c. 113 (presently codified as N.J.S.A. 43:3C-9.5).
Sunday, February 8, 2015
Wal-Mart sued in Georgia over wrong prescription
Today's post is shared from Westlaw Journal Professional Liability.
A pharmacist at a Wal-Mart store in Georgia filled a man’s prescription for blood pressure medication incorrectly, causing him to develop kidney failure, according to a state court lawsuit.
Plaintiff Harold Williams, who also worked at Wal-Mart, says the company fired him while he was sick from the taking the wrong medication.
(
Williams says he went to a Wal-Mart pharmacy in Roswell, Ga., in January 2013 to get a prescription for 25 milligrams of hydralazine, a blood pressure medication.
The unidentified pharmacist who filled the prescription gave him 25-milligram tablets of hydrochlorothiazide, a diuretic used to treat fluid retention, the suit says.
(Click here to read the complaint on WestlawNext.)
Williams says that because of the error, he took doses of the wrong medication and later was diagnosed with acute renal failure and hospitalized.
He seeks to hold the pharmacist liable for negligence and malpractice. The suit also says Wal-Mart failed to properly hire, train, retain and supervise its pharmacist and other employees.
The complaint seeks compensatory damages from the defendants for past and future medical bills, past and future lost income, and past and future pain and suffering. It also requests punitive damages solely against Wal-Mart for allegedly firing Williams.
Williams v. Wal-Mart Stores Inc. et al., No. 15-EV-000040, complaint filed (Ga. State Ct.,...
[Click here to see the rest of this post]
A pharmacist at a Wal-Mart store in Georgia filled a man’s prescription for blood pressure medication incorrectly, causing him to develop kidney failure, according to a state court lawsuit.
Plaintiff Harold Williams, who also worked at Wal-Mart, says the company fired him while he was sick from the taking the wrong medication.
(
Williams says he went to a Wal-Mart pharmacy in Roswell, Ga., in January 2013 to get a prescription for 25 milligrams of hydralazine, a blood pressure medication.
The unidentified pharmacist who filled the prescription gave him 25-milligram tablets of hydrochlorothiazide, a diuretic used to treat fluid retention, the suit says.
(Click here to read the complaint on WestlawNext.)
Williams says that because of the error, he took doses of the wrong medication and later was diagnosed with acute renal failure and hospitalized.
He seeks to hold the pharmacist liable for negligence and malpractice. The suit also says Wal-Mart failed to properly hire, train, retain and supervise its pharmacist and other employees.
The complaint seeks compensatory damages from the defendants for past and future medical bills, past and future lost income, and past and future pain and suffering. It also requests punitive damages solely against Wal-Mart for allegedly firing Williams.
Williams v. Wal-Mart Stores Inc. et al., No. 15-EV-000040, complaint filed (Ga. State Ct.,...
[Click here to see the rest of this post]
Tuesday, June 1, 2021
Court Rejects Roundup Settlement
The proposed class action settlement in the Bayer Roundup Products Liability Litigation has been rejected by a Federal District Court overseeing the Multi District Litigation (MDL). The Court concluded that the potential future claims group, those who have not yet been diagnosed with Non-Hodgins Lymphoma (NHL) but used Roundup before February 2021, was unreasonable. Bayer purchased Roundup from Monsanto.
Wednesday, September 28, 2022
Historic $7.75M Settlement of NJ Child Labor Law Violations with Chipotle Mexican Grill
New Jersey Department of Labor and Workforce Development (NJDOL) Commissioner Robert Asaro-Angelo and Attorney General Matt Platkin announced today that they have reached an agreement with Chipotle Mexican Grill to resolve alleged widespread and persistent violations of the state’s child labor laws. Under today’s groundbreaking settlement with NJDOL, the popular fast-food restaurant chain will pay $7.75 million, and has agreed to a far-reaching compliance plan for its 85 New Jersey locations aimed at putting an end to these practices.
Saturday, October 20, 2007
The House of Lords Steps Backward in Time for Asbestos Compensation
The British House of Lords in a recent decision has take a step backward in time and has ruled that those who suffer pleural plaques (scarring of the lungs) as a result of asbestos exposure are unable to claim compensation. Parliament declared, " If the pleural plaques are not in themselves damage, do they become damage when aggregated with the risk which they evidence or the anxiety which that risk causes? In principle, neither the risk of future injury nor anxiety at the prospect of future injury is actionable. "
The decision widely reported in the British press, has been declared a major step backward in time. British Unions have strongly sounded their dismay. Unite Joint General Secretary, Derek Simpson said: "This is a harsh decision which will affect thousands of people with pleural plaques now and in the future." "The judgment will disadvantage many of our members who have been exposed to asbestos in their work by denying them the right to sue their former employers for developing pleural plaques. Unite will continue to fight to re-coup damages for those people who have developed mesothelioma and other asbestos related conditions."
Many support groups have declared their outrage. Tony Whitson, chair of the forum of asbestos support groups said: 'This judgment gives solace to rich insurance companies and leaves asbestos victims uncompensated. It is a disgrace.'
The House of Parliament has turned it back on the victims of asbestos related disease. Since 1775 when Percivall Pott, a prominent British surgeon, noted that chimney sweeps had a high incidence of cancer which he attributed to prolonged exposure and repeated contact with soot, many other work-related cancers have been documented. The British, who first epidemologically recognized asbestos related disease, have now stepped backward in denying benefits to those who suffer from this terrible disease.
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