Today's post is shared from nytimes.com/ Fewer than one percent of former N.F.L. players opted out of a settlement with the league that is designed to pay players with severe neurological conditions. With so few players opting out of the settlement, the judge overseeing the case may not feel compelled to force the league and the plaintiffs to make wholesale changes to the agreement, which includes medical monitoring and awards for players with A.L.S., Parkinson’s and other diseases. According to a court-appointed administrator, a notice was sent to nearly 34,000 players and their dependents, and 220 of them requested that they not be included in the settlement. Players who did not respond were considered to be in favor of the proposed deal. Joe DeLamielleure was among those players who said they would opt out because the settlement covered only the most debilitating conditions, and not the many less severe ailments that have been connected with repeated head hits, including mood swings, sleep loss and irritability. Lawyers for the plaintiffs said the small opposition to the case was a sign that retired players were eager to see the... |
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Tuesday, November 4, 2014
Few Retired N.F.L. Players Opt Out of Proposed Concussion Settlement
Stryker Settles Suits by Hip Implant Patients for $1 Billion
Tiday's post is shared from nytime.com/
| Stryker, the major producer of artificial hip implants, said on Monday that it had reached a settlement of thousands of patient lawsuits involving now-recalled all-metal devices that is expected to cost the company about $1 billion. The Stryker deal, negotiated with lawyers representing the patients, would be one of the highest amounts paid in the last year by an implant manufacturer to resolve claims by patients who said they were injured by a hip replacement in which a device’s ball and cup components were both made from metal. Last November, the DePuy division of Johnson & Johnson agreed to pay about $2.5 billion to resolve lawsuits filed by 8,000 patients who said they were injured by an all-metal implant that it once sold, known as the Articular Surface Replacement or A.S.R. All-metal implants once accounted for about one of every three devices used in the estimated 250,000 hip replacement procedures that are performed annually in this country. The devices have been largely abandoned after evidence emerged several years ago that the metal components could rub together, creating tiny particles of metallic debris that could severely damage a patient’s tissue and muscle. In announcing the settlement, Stryker, which is based in Kalamazoo, Mich., said that it covered patients who had received the Rejuvenate Modular-Neck or the ABG II Modular-Neck and who underwent operations to have the implant replaced. Stryker recalled both models in 2012 as complaints... |
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Falling Tape Measure Kills Man at Jersey City Construction Site
A tower rising 50 stories. A one-pound tape measure attached to the waist of a construction worker. An unsuspecting man stepping from a vehicle at the foot of the building.
The three elements converged on Monday morning in a freakish accident, when a 58-year-old man died in Jersey City after being struck in the head by the tape measure after it fell some 400 feet.
The accident led to the suspension of work on one of the largest development projects in the city.
Looming above the Grove Street PATH station, the building at 70 Christopher Columbus Drive is near completion, and the man who died, Gary Anderson, had arrived at Marin Boulevard and Christopher Columbus Drive shortly before 9 a.m. to make a delivery of wallboard.
Mr. Anderson had just parked his truck and was not wearing a safety helmet when he stepped from the vehicle, said Carly Baldwin, a spokeswoman for the Jersey City Department of Public Safety.
High above him, a tape measure had slipped off the belt of a construction worker at the top of the tower.
The company working at the site told investigators that its policy was that all people on the property wear helmets. Credit Ben Solomon for The New York Times
As it plummeted, the tape measure struck a piece of metal equipment and shot toward Mr. Anderson.
It struck him in the head, knocking him unconscious. He was taken to Jersey City Medical Center, where he died shortly before 10 a.m.
By Monday afternoon, the commotion of the morning was over. A couple of...
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U.S. Fines Automakers Hyundai and Kia for Misstating Mileage
| Today's post is shared rom nytimes.com/ WASHINGTON — In the largest-ever penalty for a violation of the Clean Air Act, the Korean automakers Hyundai Motor and Kia Motors will pay the federal government a combined $300 million as part of a settlement for overstating vehicle fuel-economy standards on 1.2 million cars, Justice Department and Environmental Protection Agency officials said on Monday. “This type of conduct quite simply will not be tolerated,” Mr. Holder said at a joint news conference at the Justice Department with Ms. McCarthy. The Justice Department, he added, “will never rest or waver in our determination to take action against any company that engages in such activities.” The settlement also signaled that the Obama administration intended to aggressively enforce new climate-change regulations. “Businesses that play by the rules shouldn’t have to compete with those breaking the law,” Ms. McCarthy said. Under the agreement, the automakers will pay $100 million in fines and forfeit an estimated $200 million in greenhouse-gas emissions credits, which auto companies earn by building vehicles with lower emissions than are... |
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Little Opposition Seen in Some Votes to Raise State Minimum Wages
In state after state, labor unions and community groups have pushed lawmakers to raise the minimum wage, but those efforts have faltered in many places where Republicans control the legislature.
Frustrated by this, workers’ advocates have bypassed the legislature and placed a minimum-wage increase on the ballot in several red states — and they are confident that voters will approve those measures on Tuesday.
In Alaska, Arkansas, Nebraska and South Dakota, binding referendums would raise the state minimum wage above the $7.25 an hour mandated by the federal government.
These measures are so overwhelmingly popular in some states, notably Alaska and Arkansas, that the opposition has hardly put up a fight.
“These groups have noticed that minimum-wage increases can easily pass — they have seen this in the past few years,” said John G. Matsusaka, executive director of the Initiative and Referendum Institute at the University of Southern California. “They can’t get it through the legislatures in these red states, so they do it this way.”
Some Republicans say that the main reason for these initiatives is to mobilize low-income voters to help re-elect embattled Democrats, like Senators Mark Pryor of Arkansas and Mark Begich of Alaska. But supporters deny this, saying they are pushing to raise the minimum because so many workers are struggling and because the minimum wage has trailed inflation.
The measures in Alaska, Arkansas, Nebraska and...
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In Traveling to the Stars, Risk and Cost
The list of so-called thrillonaires has only grown, along with their ambitions: Jeff Bezos, the Amazon founder who set up Blue Origin to lower the cost of space technology; Elon Musk, who founded SpaceX with the aim of going to Mars one day; and Richard Branson, who started the space tourism company Virgin Galactic.
But two recent accidents involving commercial rockets have underscored the high risks and soaring costs involved in any spaceflight.
On Friday, a Virgin Galactic space plane exploded during a test flight over the Mojave Desert, killing one pilot and injuring another. Days earlier, an Orbital Sciences rocket carrying a supply vessel to the International Space Station blew up seconds after it was launched.
Both accidents are under investigation. Although they were unrelated, their occurrence just days apart was a stark reminder that the path to space is just as arduous for private companies as it is for government-funded programs.
“The engineering and physics of space tend to be unforgiving, no matter who is doing this,” said Scott Pace, director of the Space Policy Institute at George Washington University and a former assistant administrator at the National Aeronautics and Space Administration. The common thread between these new space initiatives is that... |
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Recalled G.M. Cars Remain Unrepaired
Today's post is shared from nytimes.com/ YONKERS — Nearly nine months after General Motors began recalling millions of its cars for a dangerously defective ignition switch, almost half of the vehicles still have not been fixed. A spokesman for the automaker said it was increasing its outreach to owners through social media and a new call center staffed with 72 employees dedicated to contacting those who have not scheduled repairs. But even owners who requested repairs months ago have been waiting, with dealers managing wait-lists and dozens of drivers writing to federal regulators in recent weeks asking why it was taking so long. Some of them are also raising safety concerns about the drawn-out timetable, as a recent fatal accident here suggests. Now the police are investigating the single-car accident for possible ties to the ignition defect, which can cause power to cut out in a moving car, shutting down airbags and impeding power steering and brakes. A few weeks before the accident, Ms. Betancourt said, the car had done precisely that, shutting off after hitting a bump while in the middle lane on a busy parkway in the Bronx. A spokesman for the Yonkers Police Department said the car had been so badly damaged in the wreck that killed Ms. Alfarone that it... |
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Monday, November 3, 2014
Many On Medicaid See Boost In Benefits As Economy Improves
Short Takes On News & EventsWith an improving fiscal climate, many states are increasing benefits for Medicaid recipients and paying their providers more. The trend is continuing into fiscal year 2015 for those who rely on Medicaid, the state and federal health insurance program for the poor, according to a survey of 50 state Medicaid programs released Tuesday by the Kaiser Family Foundation and the National Association of Medicaid Directors. (KHN is an editorially independent program of the foundation.) The report found that 22 states were expanding Medicaid benefits compared to just two states restricting them in fiscal 2015, which for most states started July 1, 2014. That’s the fewest states cutting or restricting benefits in at least 9 years. The most commonly added benefits were dental coverage, along with mental health and substance abuse services. However, virtually every state indicated concern about high-cost specialty drugs, especially $1,000-a-pill Sovaldi, approved last year to treat hepatitis C. Officials in 22 states said that new prior authorization rules were in place or under development to restrict use of the drug and New Jersey said it was exploring protocols to do that. Meanwhile, 14 states were increasing Medicaid fees to specialists in fiscal 2015, compared to three states lowering them. More states were also increasing fees to nursing homes and managed care... |
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Preventing Falls at Work
"Those who study and manage retirement facilities and nursing homes say there is heightened attention to preventing falls. Trying to anticipate hazardous conditions, retirement facilities like The Sequoias hire architects and interior designers, some of whom wear special glasses that show the building as an old person would see it.
"The dangers are real. The number of people over 65 who died after a fall reached nearly 24,000 in 2012, the most recent year for which fatality numbers are available — almost double the number 10 years earlier, according to the Centers for Disease Control and Prevention.
"And more than 2.4 million people over 65 were treated in emergency departments for injuries from falls in 2012 alone, an increase of 50 percent over a decade. All told, in the decade from 2002-2012, more than 200,000 Americans over 65 died after falls. Falls are the leading cause of injury-related death in that age group.
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NTSB Cites Co-Pilot Error As Caused for Virgin Galactic Crash
Today's post is shared from the wsj.com/
"In its third media briefing on the crash, the National Transportation Safety Board's Acting Chairman Christopher Hart said a preliminary review of the telemetry and optical data showed that at about 9 seconds after ignition, the "feather" parameters on the craft changed from locked to unlocked earlier than procedure.
Sunday, November 2, 2014
Health specialist: Christie Ebola quarantine 'inappropriate'
| Today's post is shared from hill.com An Emory University health specialist slammed New Jersey Gov. Chris Christie's 21-day quarantine policy of health workers returning from West Africa who were exposed to Ebola. “To infringe on their civil liberties for the sake of fighting a shadow or the bogeyman is absolutely inappropriate,” Sean Kaufman told radio host John Catsimatidis in an interview to air Sunday on "The Cats Roundtable” – AM 970 in New York. Christie has faced backlash from a nurse in Maine who was quarantined outside a New Jersey airport after recently treating Ebola patients in Sierra Leone. Kaci Hickox, the first person quarantined under New Jersey's strict anti-Ebola protocols, called her treatment "inhumane" and has since won court reprieve from the order. "Any individual who is not showing signs or symptoms -- they are not contagious and they are not a risk," said Kaufman, a bio-security expert who oversaw infection control at Emory University Hospital when it treated the first two U.S. Ebola victims. Kaufman said he was a "huge fan of Christie's leadership, but questioned his actions that stoke new fears about Ebola's possible spread in the United States. “I wonder what Governor Christie would have said if nobody showed up to New Jersey after Hurricane [Sandy] because if you returned to New Jersey you'd be in quarantine for three weeks ... It’s not a leadership decision. It’s a management of fear,... |
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Silver Buildings: New Buildings for Older People
Today's post is shared from nytimes.com/ SAN FRANCISCO — I HEARD about the new building for months before I saw it. Part of a leading medical center, its green architecture and design were getting a lot of attention, as was its integration of top-notch modern medicine with health and wellness spaces inspired by cultures from around the world. My father’s doctor had moved there, and driving to his appointment we looked forward to experiencing the cutting-edge new building firsthand. Outside, I unloaded the walker and led my 82-year-old father through the sliding glass doors. Inside, there was a single bench made of recycled materials. I noticed it didn’t have the arm supports that a frail elderly person requires to safely sit down and get back up. It was a long trek to the right clinic and I was double-parked outside. Helping my father onto the bench, I said, “Wait here,” and hoped he would remember to do so long enough for me to park and return. He nodded. We were used to this. It happened almost everywhere we went: at restaurants, the bank, the airport, department stores. Many of these places — our historic city hall, with its wide steps and renovated dome, the futuristic movie theater and the new clinic — were gorgeous. The problem was that not one of them was set up to facilitate access by someone like my father. That may have been intentional. A few years earlier, I’d heard about a new community center where the older... |
For Man in Ebola Virus Cleanup, a History of Fraud
Today's post is shared from nytimes.com/ The chief safety officer of the hazardous-materials company that cleaned the apartment of New York City’s first Ebola patient was, in a past career as a mortgage negotiator, accused of fraud in 2009 by the attorney general at the time, Andrew M. Cuomo. In recent days, the safety officer, Sal Pane, has been the public face of the company, Bio-Recovery Corporation, which cleaned both the apartment of the patient, Dr. Craig Spencer, as well as a bowling alley that he had visited the night before he was taken to the hospital. An investigation in 2009 by Mr. Cuomo’s office found that two mortgage companies run by Mr. Pane had deceived property owners and violated New York’s consumer protection laws. As a result of the investigation, a State Supreme Court judge in Manhattan in 2010 issued a permanent injunction against the illegal operations of Mr. Pane and his mortgage companies. He was also fined. The office of the current attorney general, Eric T. Schneiderman, discovered Mr. Pane’s past legal problems on Monday and alerted city officials. City officials have said that they followed the standard vetting protocol for the cleanup contract given to Bio-Recovery Corporation, and that health officials had reviewed the company’s work and determined that it was successfully completed. Mr. Pane, who acknowledged his past legal problems, said on Saturday that they had no bearing on his work as an employee for Bio-Recovery. The revelations were first... |
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Shareholders, Disarmed by a Delaware Court
| Who will hold corporate executives and directors accountable for wrongdoing? Normally, regulators and prosecutors would be leading the charge. And while they have extracted big-dollar settlements from banks in the aftermath of the financial crisis, these supposed enforcers have been remarkably reluctant when it comes to pursuing high-level miscreants. Hoping to achieve greater accountability wronged investors have filed many cases against top corporate officials, accusing them of breaching fiduciary duties and of other misdeeds. But even this enforcement mechanism is under attack, thanks to a recent decision by the Delaware Supreme Court. In a proceeding last May, the court ruled that a company can adopt, without shareholder approval, bylaws requiring investors who file lawsuits against it to pay the company’s legal fees if the suit is unsuccessful. The court went so far as to say that a company’s “intent to deter litigation” might be a proper purpose for shifting legal fees to a plaintiff. Because most companies are incorporated in Delaware, the state Supreme Court’s blessing of fee-shifting will result in fewer shareholder actions and less accountability, legal experts say. “This is a nuclear weapon against shareholders,” said Jay Brown, a law professor at the University of Denver. “Delaware has already made it extraordinarily difficult to file successful lawsuits for breach of fiduciary duty. Now, in addition to a high... |
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Chipotle workers say they work extra hours for no pay
The class action lawsuits filed in Colorado and Minnesota in the last two months allege that Chipotle (CMG) routinely requires its hourly employees to work "off the clock" without pay. The workers filed written statements describing how the restaurant's time keeping system would automatically punch them out at 12:30 a.m., even though they had to stay later to finish cleaning up. Demarkus Hobbs, who worked at a Chipotle in Minnesota for about a year, said in one lawsuit filed earlier this month that he was not paid for "several hours" of work each week. "If I complained about not being paid for all of the hours that I worked, Chipotle would threaten me with termination or would punish me by cutting my hours," Hobbs said in his statement. If you work at Chipotle and you are not being paid for all the hours you work, write to us. Employees claim it was part of an unwritten policy to save money on payroll budgets and that store managers felt pressure to make workers stay late. Leah Turner, who worked as a manager at a Chipotle in Colorado, said her superiors made it clear that she could be fired if her workers did not punch out at the end of their designated shift. "It was my understanding that we had to work off the... |
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Saturday, November 1, 2014
Pets Allowed
The author discusses "Service-Dogs" and "Emotional-Support Animals" [ESA]. Today's interesting post is shared from newyorker.com What a wonderful time it is for the scammer, the conniver, and the cheat: the underage drinkers who flash fake I.D.s, the able-bodied adults who drive cars with handicapped license plates, the parents who use a phony address so that their child can attend a more desirable public school, the customers with eleven items who stand in the express lane. The latest group to bend the law is pet owners. Take a look around. See the St. Bernard slobbering over the shallots at Whole Foods? Isn’t that a Rottweiler sitting third row, mezzanine, at Carnegie Hall? As you will have observed, an increasing number of your neighbors have been keeping company with their pets in human-only establishments, cohabiting with them in animal-unfriendly apartment buildings and dormitories, and taking them (free!) onto airplanes—simply by claiming that the creatures are their licensed companion animals and are necessary to their mental well-being. No government agency keeps track of such figures, but in 2011 the National Service Animal Registry, a commercial enterprise that sells certificates, vests, and badges for helper animals, signed up twenty-four hundred emotional-support animals. Last year, it registered eleven thousand. What about the mental well-being of everyone else? One person’s emotional support can be... |
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Ebola Law: The Newly Emerging Practice Area
| Is an employer liable if a worker gets infected with Ebola on a business trip? Can companies restrict employee travel to Africa, or can they require it? Does a company have to hold a job for an employee who is quarantined? What is the potential liability for a pharmaceutical company developing an Ebola vaccine? Those are the types of questions that inspired Reed Smith to launch a Global Ebola Task Force consisting of about 20 lawyers from different disciplines to address Ebola legal issues. A press release is here, while the Washington Post, the Washingtonian and NJBiz.com have stories. The lawyer leading the task force is Patrick Bradley, a commercial litigator with a focus on aviation and products liability. He told NJBiz.com that frequent questions involve companies that want to restrict or require travel to Africa. Companies with corporate jets want to know whether they have to question everyone who boards their aircraft. Airlines are also concerned about the standard of care that must be exercised when questioning passengers, and when passengers can be turned away. The questions aren’t simple, nor are the answers, Bradley told the Washington Post. “Safety and common sense are paramount, but they’re also guided by World Health Organization directives, and each industry has its own regulatory overlay as well,” he said. |
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NY Governor Cuomo Announces Workers' Compensation Costs for Employers Will Drop by $45 Million
Marks Second Consecutive Year of Savings for Private and Public Employers Including Municipalities and School Districts
Friday, October 31, 2014
Safety in Space: 2nd Catastrophic Accident The Week: 1 Dead, 1 Injured In Virgin Galactic Spacecraft Crash
Read the latest ABC News report: Click here.
"One person died and another suffered a major injury after Virgin Galactic's SpaceShipTwo spacecraft crashed in California's Mojave Desert today."
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