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Showing posts with label Chicago. Show all posts
Showing posts with label Chicago. Show all posts

Monday, August 25, 2014

Chicago and 2 California Counties Sue Over Marketing of Painkillers

Today's post is shared from the nytimes.com

As the country struggles to combat the growing abuse of heroin and opioid painkillers, a new battlefield is emerging: the courts.
The City of Chicago and two California counties are challenging the drug industry’s way of doing business, contending in two separate lawsuits that “aggressive marketing” by five companies has fueled an epidemic of addiction and cost taxpayers millions of dollars in insurance claims and other health care costs.
The severity of drug abuse is well documented: Use of prescription opioids contributed to 16,651 deaths in the United States in 2010 alone, and to an estimated 100,000 deaths in the past decade. When people cannot find or afford prescription painkillers, many have increasingly turned to heroin.
The lawsuits assert that drug makers urged doctors to prescribe the drugs far beyond their traditional use to treat extreme conditions, such as acute pain after surgery or injury or cancer pain, while underplaying the high risk of addiction. Such marketing, the plaintiffs say, has contributed to widespread abuse, addiction, overdose and death.
Taking the drug makers to court recalls the tobacco liability wars of the 1990s, with government entities suing in the hope of addressing a public health problem and forcing changes from an industry they believed was in denial about the effects of its products. The tobacco settlement led to agreements by the tobacco industry to change marketing practices, which is a goal of the opioid lawsuits.
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Friday, January 3, 2014

Jurist Prudence? Candid Judges Speak Out

Judges typically confine their opinions to their rulings. But 2013 was a year of exceptions.
In Nebraska, U.S. District Judge Richard G. Kopf in February launched Hercules and the umpire, a blog that offers a mix of insights on the judicial process, legal news, personal reflections and wisdom. One nugget of advice to young judges: "It's not your job to save the world. Do law, leave justice to Clint Eastwood."
In his latest book, "Reflections on Judging," Judge Richard Posner of the Seventh U.S. Circuit Court of Appeals in Chicago pleads "guilty" to upholding a voter-identification law "now widely regarded as a means of voter suppression." The passage, picked up by several media outlets, was widely viewed as a mea culpa—a rare instance of a judge saying he got it wrong.
Judges have long been voluble, spirited and even poetic in their rulings. But in the digital age, they also have taken to the media and the Internet to pass judgment on policy and opine on trends.
In the process, the outspoken are butting up against the view held by some that sitting judges shouldn't be seen or heard outside of court. And there is the risk that litigants could try to push certain judges off cases because something they said publicly gave a hint of bias.
"The advice I was given over and over again was to keep your head down," said Nancy Gertner, a law professor at Harvard University and a former federal district judge in Massachusetts who has...
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Tuesday, December 3, 2013

Medicare Seeks To Curb Spending On Post-Hospital Care

Long term care is a huge part of medical care benefits. What Medicare ultimately does will control workers' compensation costs. Today's post was shared by Kaiser Health News and comes from www.kaiserhealthnews.org

After years of trying to clamp down on hospital spending, the federal government wants to get control over what Medicare spends on nursing homes, home health services and other medical care typically provided to patients after they have left the hospital.
Researchers have discovered huge discrepancies in how much is spent on these services in different areas around the country. In Connecticut, Medicare beneficiaries are more than twice as likely to end up in a nursing home as they are in Arizona. Medicare spends $8,800 on each Louisiana patient getting home health care, $5,000 more than it spends on the average New Jersey senior. In Chicago, one out of four Medicare beneficiaries receives additional services after leaving the hospital—three times the rate in Phoenix.
Medicare per capita spending on these services, collectively known as post-acute or post-hospital care, has grown at 5 percent a year or faster in 34 of the nation’s 50 most populous hospital markets in recent years, according to an analysis health care economist Chapin White conducted for Kaiser Health News.
Last year $62 billion — one out of every six dollars Medicare spent in the traditional fee-for-service program — went to nursing and therapy for patients in rehabilitation facilities, nursing homes, long-term care hospitals and in their own homes, according to a congressional advisory panel.  
Most of them got those services after coming out of the hospital. Some of these...
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Saturday, November 30, 2013

Black Friday dawns and so does violence in the workplace

Violence in the workplace, despite OSHA warnings, occurred as "Black Friday" store sales began. Today's post is shared from the washingtonpost.com

Shoppers look at televisions at a Best Buy store late in the evening on Thanksgiving Day, Thursday, Nov. 28, 2013, in Dunwoody, Ga. Instead of waiting for Black Friday, which is typically the year's biggest shopping day, more than a dozen major retailers opened on Thanksgiving this year. (AP Photo/David Tulis)
A Chicago-area police officer and a suspect he shot in a shoplifting incident outside a Kohl's department store were in the hospital on Friday — a worst-case example of how Black Friday opened with madness, mayhem and violence.
The incident began shortly past 10 p.m. on Thursday, when security officers with one Kohl's department store in Romeoville, outside Chicago, called police to report two men who were suspected of shoplifting. Police arrived on scene and tried to apprehend the men in the parking lot, Fox News reported. But the suspects ran to their car and tried to drive off — and one officer followed on foot, grabbing hold of the vehicle.

Fox News reported that the officer and the driver were recovering in a nearby hospital on Friday. Meanwhile, both of those suspected shoplifters — as well as a third suspect who was apprehended in the store — were arrested.The driver continued to accelerate, dragging the officer, Fox News reported. Police then fired into the vehicle’s...
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Monday, November 25, 2013

Illinois Employer to Pay $10K Penalty for Lack of Workers’ Comp Insurance

Today's post was shared by votersinjuredatwork and comes from www.insurancejournal.com

An uninsured employer in Illinois has pled guilty to a Class 4 felony for refusing to obtain workers’ compensation insurance, the Illinois Workers’ Compensation Commission announced.
John Linek, individually and as president of SMS Logistics of Chicago, has been ordered to pay a $10,000 penalty for refusing to obtain workers’ compensation insurance.
The IWCC’s Insurance Compliance Unit had been requesting compliance with the Act from this trucking firm since 2010.
In August 2013, the Compliance Division obtained a felony conviction against Ahmed Ghosien, d/b/a Ghosien European Auto Werks in Hometown. Ghosien pled guilty to a Class 4 felony for failing to obtain workers’ compensation insurance.
The IWCC’s Insurance Compliance Unit worked with the Cook County Sheriff’s Office and the Cook County State’s Attorney’s Special Prosecutions Division to obtain the conviction.
Again, the Insurance Compliance Unit had worked on the case since 2010.
Both of these individuals were given many opportunities to obtain insurance before charges were filed, but they persistently refused, the IWCC said.
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Wednesday, November 20, 2013

Sleep Therapy Seen as an Aid for Depression

Will workers' compensation provide benefits for sleep therapy to avoid or treat depression? Today's post was shared by AJ Chavar and comes from www.nytimes.com

Curing insomnia in people with depression could double their chance of a full recovery, scientists are reporting. The findings, based on an insomnia treatment that uses talk therapy rather than drugs, are the first to emerge from a series of closely watched studies of sleep and depression to be released in the coming year.
The new report affirms the results of a smaller pilot study, giving scientists confidence that the effects of the insomnia treatment are real. If the figures continue to hold up, the advance will be the most significant in the treatment of depression since the introduction of Prozac in 1987.
Depression is the most common mental disorder, affecting some 18 million Americans in any given year, according to government figures, and more than half of them also have insomnia.
Experts familiar with the new report said that the results were plausible and that if supported by other studies, they should lead to major changes in treatment.
“It would be an absolute boon to the field,” said Dr. Nada L. Stotland, professor of psychiatry at Rush Medical College in Chicago, who was not connected with the latest research.
“It makes good common sense clinically,” she continued. “If you have a depression, you’re often awake all night, it’s extremely lonely, it’s dark, you’re aware every moment that the world around you is sleeping, every concern you have is magnified.”
The study is the first of four on sleep and...
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Sunday, November 17, 2013

Iowa justices: Illegal immigrant entitled to workers' comp

Today's post is shared from desmoinesregister.com .

The Iowa Supreme Court ruled Friday that a West Liberty woman, an immigrant from Mexico who stayed in the United States after her visa had expired, is entitled to receive workers compensation benefits for a work-related injury.
The case involves Pascuala Jiminez, who came to the United States in 1991 and had a visa for 10 years. She remained after it expired and continued to work. She had lived in West Liberty for 19 years.
Jiminez worked for the Chicago-based temporary employment agency Staff Management and was assigned to the Proctor & Gamble plant in Iowa City where she packaged shampoo and prepared boxes and pallets for shipping.
In September 2007 she was lifting a pallet and became injured with what doctors later identified as two abdominal hernias. She returned to work and was limited in her ability to lift until she had surgery in November 2007. She returned to work again in December. In mid-January 2008, she was fired. Managers told her it was because she did not have legal authorization to work in the U.S.
She sought and won benefits from the Iowa Workers Compensation Commissioner in October 2010. Staff Management appealed to Polk County District Court, which upheld the commissioners decision. The company further appealed to the Iowa Supreme Court.
The company argued that a worker living in the country without legal permission should not receive workers compensation benefits because Iowa does not include undocumented workers in its definition of an employee under...
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Monday, October 28, 2013

Beyond Fast Food Strikes

Today's post was shared by Steven Greenhouse and comes from jacobinmag.com

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Why the Left shouldn’t write off low-wage strikes.

Struggling through a frigid March rain earlier this year, rounding up carts in the parking lot of the Chicago Whole Foods where I work, one of my bosses stood at the door.
“That weather really sucks,” he said offhandedly. I nodded tersely. “But, hey,” he continued, chuckling. “What are you going to do? Go on strike?”
It made sense that he found the idea of us striking absurd – strikes are at an all-time low, nearly nonexistent in shops like mine, and almost none of my co-workers have ever been in a union. But a month later, we did. Ten Whole Foods workers walked off the job to protest a draconian attendance policy and poverty wages, along with 200 fast food and retail workers across the city and thousands across the country.
Low-wage fast food and retail workers took center stage for the American labor movement this summer. The Fight for 15 (FF15) campaign went public last November, then erupted earlier this spring, as workers walked off the job in New York, then Chicago, then St. Louis, Milwaukee, Detroit, and Seattle. Seven cities organized a second week of one-day strikes at the end of July. Then, on August 29, 62 cities and more than 1,000 workers struck around two principal demands: $15 an hour minimum wage and the right to form a union without retaliation.
We are part of a new generation of workers rediscovering our strongest weapons: the union and the...
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Thursday, October 3, 2013

Federal Workers Nationwide Protest Government Shutdown

The US Capitol is photographed through a chain fence in Washington, DC, on September 30, 2013 (Reuters/Kevin Lamarque).

The US government shut down at midnight as the Republican-controlled House continued to demand changes to Obamacare, and in response workers all across the country are protesting the GOP’s actions.
Nearly 100 government employees rallied in downtown Chicago at Federal Plaza on Monday to protest the shutdown, the first in seventeen years, calling Congress’ actions, “political theater of the absurd.”
Fox Chicago reports workers carried signs reading: “Jobs Not Furloughs.”
When asked about the impact of a shutdown, a spokesperson for Mayor Rahm Emanuel’s office responded vaguely: “I think we all know what that looks like.”
The Chicago Tribune offered some more specifics: “The early prevailing wisdom is that the Chicago area should be able to weather a short-term shutdown largely unscathed but that the impact will become more apparent the longer federal funding is suspended.”
And the Sun-Times reports that if employees considered “non-essential to national health safety and security” are furloughed, it will be “more difficult or impossible” to get a passport, a gun permit, or a new Social Security card.
Chris Black, who workers for the EPA, told CBS that a shutdown would do more than just furlough workers. A shutdown will also affect the jobs they do.
“I’m involved...
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Monday, September 6, 2010

$30.4 Million Verdict in Popcorn Flavoring Lawsuit

A jury in the Chicago area awarded a local factory worker $30.4 Million for a pulmonary illness resulting from exposure to popcorn flavoring,  diacetyl. The verdict is considered to be largest ever in the US for an individual claim involving a chemical used to flavor popcorn.

Click here to read the Chicago Tribune article

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 occupational illnesses. The read more about diacetyl and workers' compensation click here.