Fidelma Fitzpatrick is a seasoned trial attorney with the law firm of Motley Rice LLC. She is exceptionally skilled in both negotiated settlements and complex trial litigation. Fidelma assisted in crafted the historic multi-billion dollar tobacco settlement agreement between the US State Attorney Generals and the tobacco industry. She has represented public entities in litigation against the lead paint industry including the multi-billion dollar Rhode Island trial. Fidelma Fitzpatrick is a nationally recognized advocate of children's and women's health issues. Today's post is shared from the buffalonews.com.
A Buffalo attorney played a key role in a billion-dollar court decision last week in California.
Three lead-paint makers were ordered by Santa Clara Superior Court Judge James P. Kleinberg to create the $1.1 billion fund to protect children against lead paint produced decades earlier, despite knowing it endangered human health, especially for children.
The verdict calls for the companies to put the money in a special health department fund dedicated to lead-poisoning prevention. The municipalities would then draw an allotted amount for use on lead inspections, repairs and removal effecting hundreds of thousands of homes. “From a public health standpoint, the decision is absolutely monumental. The good that this will bring to the children of California cannot be understated. Children today and future generations will be protected from lead poisoning because of it,” Fitzpatrick said. She has worked on the case for the South Carolina-based law firm Motley Rice for the past 13 years. In the bench trial, Kleinberg found Sherwin-Williams Co., NL Industries and ConAgra Grocery Products Co. guilty of creating a public nuisance by manufacturing and selling lead paint long after... |
The fact that the cost of a hip replacement can ring up as $15,000 or $100,000 — depending on the hospital — makes a lot of people uncomfortable. But that’s only if they know about the wide price tag variations.  Here’s how it works: The CalPERS program designated certain hospitals that met this cost threshold, and enrollees who chose among these facilities pay only the plan’s typical deductible and coinsurance up to the out-of-pocket maximum. Patients who opted for other in-network hospitals were responsible for regular cost sharing and “all allowed amounts exceeding the $30,000 threshold, which are not subject to an out-of-pocket maximum,” noted the report. The results tallied savings of $2.8 million for CalPERS, and $300,000 in patients’ cost sharing, according to research released Thursday by the Center for Studying Health System Change for the non-profit group National Institute for Health Care Reform. Researchers found that patients who received “intensive... |
Michael Bloomberg steered New York City through economic recession, a catastrophic hurricane and the aftermath of 9/11, but he may always be remembered, accurately or not, as the mayor who wanted to ban the Big Gulp. After 12 years, Bloomberg leaves office Dec. 31 with a unique record as a public health crusader who attacked cigarettes, artery-clogging fats and big sugary drinks with as much zeal as most mayors go after crack dens and graffiti. And while Bloomberg's audacious initiatives weren't uniformly successful, often leading to court challenges and criticisms he was turning New York into a "nanny state," experts say they helped reshape just how far a city government can go to protect people from an unhealthy lifestyle. "He has been a transformative leader," said Dr. Linda Fried, dean of Columbia University's school of public health. "He has created a model for how to improve a city's health." Coming into office as a billionaire businessman who made his fortune selling data to Wall Street, Bloomberg was accustomed to using hard, cold research to drive decisions, and it was an approach he used effectively on matters of public health. Bloomberg pushed to ban smoking in indoor public spaces and prohibit cigarette sales to anyone under 21. He got artificial trans-fat banned from restaurant food — an action that led fast food giants like McDonald's and Dunkin Donuts to change their recipes rather than lose access to the... |
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| American Workers - USPS Stamp |
Experts worry that some enrollees will be discouraged from seeing doctors if they have to pay the full charge, rather than simply a copayment. Those who’ve bought their own insurance have always had to pay a set annual sum, called a deductible, before policies begin paying their claims. But first-time insurance buyers may not realize they’re on the hook for additional costs before benefits kick in, and may choose a plan based solely on the monthly premiums. Bronze and silver plans -- which have lower monthly costs but typically, higher deductibles -- are the most likely to require consumers to spend that amount themselves before the insurer pays any claims. There is no nationwide data on how many do that. But in seven major cities, half of bronze plans on average require policyholders meet the deductible before insurers help with the cost of a doctor visit, according to an analysis by... |
 The nightmare before Christmas continues for Target. Stolen Target customer information from a security breach involving its in-store point-of-sale systems has already begun flooding the black market, according to numerous people in the fraud industry tracking the situation. On Dec. 11, one week after hackers breached Target’s systems, Easy Solutions, a company that tracks fraud, noticed a ten- to twentyfold increase in the number of high-value stolen cards on black market web sites, from nearly every bank and credit union. The black market for credit card and debit card numbers is highly sophisticated, with numerous card-selling sites that are indistinguishable from a modern-day e-commerce site. Many sell cards in bulk to account for the possibility of cancellations. Some go for as little as a quarter. Corporate cards can sell for as much as $45. But the security blogger Brian Krebs, who first broke news of the Target security breach on his website, said some Target customers’ high-value... |
A bill was introduced Dec. 20 in the Senate last week that, if enacted, would halt the most recent hours-of-service rule change and allow truck drivers to operate under the pre-July 1 rules again, until Congress can review the rule further.
The bill — a the Senate counterpart to a House bill introduced in late October — was introduced by Sen. Kelly Ayotte (R-N.H.) and is being sponsored by her and Sen. Mike Johanns (R-Neb.), according to the Library of Congress. It was referred to the Senate’s Commerce, Science and Transportation Committee, LOC also notes.
The bill, dubbed the TRUE Safety Act, would require the Government Accountability Office to perform an assessment of the Federal Motor Carrier Safety Administration’s methodology in creating the rule, specifically the research that went into developing the 34-hour restart provisions of the rule. The July 1 hours-of-service changes could not go back into effect until six months after the GAO submitted its findings to Congress, unless the GAO study recommends otherwise. Click here to see the House version’s bill. The Senate version will be posted when it becomes available. |
Two months ago, I stepped into a shower in a hotel room in Baton Rouge, La., and felt a slight twinge in my back. I didn’t pay it much mind. I’ve experienced twinges from time to time, but for more than 25 years, I have been essentially free of back pain. As you’ve probably guessed, that twinge didn’t go away. Instead, it got worse. It lodged in my lower back, and I could feel the sciatica all the way down to my knee. Within a week, I couldn’t walk more than 100 yards without severe pain. Among other things, I was embarrassed. In 1987, I wrote an article in New York magazine called “Ah, My Non-Aching Back,” about how I’d found relief through a doctor named John E. Sarno. By the time I saw Dr. Sarno, I had spent a year in relentless pain, visiting orthopedists and chiropractors, osteopaths and acupuncturists, trying yoga, physical therapy and bed rest, all to no avail. Dr. Sarno’s treatment was essentially a talking cure. His theory, stated simply, is that back pain develops as a way of unconsciously shifting attention away from uncomfortable feelings such as anger and anxiety. With rare exceptions, Dr. Sarno believes, back pain has no structural basis. Rather, it is almost always a consequence of muscle spasm that prompts pain, which leads to fear, and then more spasm, and eventually creates a vicious cycle of pain. He named the condition tension myositis syndrome. My prescription was to... |
 I'm usually a little reticent about tooting my own horn, but since I've always had a lot of respect for James Surowiecki, I was sort of chuffed to see this in his year-end roundup of his favorite business stories:Kevin Drum’s brilliant Mother Jones piece, “America’s Real Criminal Element: Lead,” explores the relationship between lead in the environment and crime (and a host of other social ills). It is not, I guess, a classic business story. But it’s a rigorous and enormously enlightening look at how businesses’ and regulators’ choices—in this case, the decision to keep lead in gasoline and paint—end up shaping society in ways that few expect. I’m not entirely sure that lead explains the entire drop in crime we’ve seen in cities across America. But Drum has certainly convinced me that getting lead out of the environment is one of the best, and most cost-effective, social interventions that regulators can make. |
