Pensacola Personal Injury Lawyer - Miscellaneous

Budget Office Misquoted on MalPractice Reform

Robert Blanchard — Wed, 14 Oct 2009 12:54:00 GMT

If you start seeing headlines that medical malpractice reforms could result in substantial savings to the health care system, don't beleive it. The Congreesional Budgret Office released a repot that savings could be acheived, but if also found that “imposing limits on [the right to sue for damages] might be expected to have a negative impact on health outcomes.” In other words, it would result in more seriously injured people, and the cost of providing care to those people is not included in the assessment of savings. Also, the CBO reprts admits that even if the most severe restrictions were put in place, the savings would be less than 5% of the total cost of health care. This report itself miquotes previous studies on the cost of the malpractice tort system which have always found the overall impact of lawsuits to be about 1.5% of total health care cost.

You decide, is this savings enough to do away with the responsiblity for the damages caused by negligent health care? Do we want a health care system that is unaccountable to the people it injures?

Originally posted at InjuryBoard by Robert Blanchard

Broker Problems

Robert Blanchard — Tue, 13 Oct 2009 12:26:29 GMT

Everyday my firm sees new cases of people having lost too much money in the stock market. While those who were speculating in the market deserve to suffer the ups and downs of the market, many are just people who believed what the industry had told them. We have been told that to not invest you money in stocks is a waste of your money, because the value of you cash will go down with inflation. We have been told that over the long haul, the stock market averages better than other forms of investment. We have been told to just put in the money and just let it sit and grow for 20 years or more, so that it will be there for retirement. I agree that retirement planning is important, but the brokerage houses don't just invest money and let it sit. They not only buy and sell furiously every day, they now how computers systems programmed to buy and sell vast quantities in the blink of an eye. All of this is to the detriment of the average investor. The markets don't create wealth, they only create wealthy people by taking your money and rewarding those who control or game the system.

Proper handling of your stock account requires investments that are suitable for YOUR needs, If your investments have lost too much as you were about to retire, that is not suitable investing, and you should call a lawyer.

Originally posted at InjuryBoard by Robert Blanchard

Sotomayor Not a Big Change to the Court

Robert Blanchard — Mon, 10 Aug 2009 15:52:57 GMT

Despite the feigned outrage over one or two comments that Justice Sotomayor has made over the course her long and illustrious judicial career, there is no major change being brought about by her appointment to the nation's highest Court. The seat was previously held by a reasonable Justice who is now being replaced by reasonable Justice. This is not a swing in the court's voting propensities. The conservatives have been stacked high and wide in the federal judiciary given the years of Republican control of the Whitehouse since President Reagan. While many of these judges will let themselves be affected by the rulings they must make and the impact they will have on people's lives, too many cling heartily to party politics and idealogical directives. Big corporations are good and average people are bad. The government can stomp on the rights of individuals and individuals have no right to bring claims against the big corporations who hold the great sway and power within the Republican party. When people say there is no difference in Democrats and Republicans, I tell them to look at the Judges appointed in Texas. Average people used to get a fair shake from Democratic judges, but the Republican judges now in power there have shocked everyone who remembers the days when judges tried to stay above politics. In some appellate courts in Texas, over 90% of the jury decisions in favor of individual Plaintiffs have been reversed and RENDERED. This means not only did the court find some error in the jury trial, but also decided the case should never have been presented to a jury in the first place. The corporation/insurance company wins and the average person loses - no new trial, nothing, go home, don't seek justice here - even though a judge and a jury that actually heard all the evidence found otherwise.

Originally posted at InjuryBoard by Robert Blanchard

Washington Ruling Bad for Asbestos Victims

Robert Blanchard — Fri, 19 Dec 2008 14:59:49 GMT

The Supreme Court of Washington State has issued two bad rulings for asbestos victims, in the cases of Braaten v. Saberhagen and Simonetta v. Viad Corporation. the gist of these ruling is that equipment manufacturers who supplied equipment that was known by them to utilize asbestos products in its final use and installation would no be held liable for the injuries (like mesothelioma cancer) caused by the asbestos. The court overlooked the reasoning of other courts that have addressed this issue favorably for the Plaintiffs. Also overlooked is the abundant evidence already of record in numerous cases that these manufacturers knew of the dangers, ofter supplied or instructed on the use of asbestos products and failed to warn user of their equipment of the dangers.

It is well documented that there was an industry-wide conspiracy of silence regarding the dangers of asbestos for many years. while the companies now receiving amnesty in Washington State may not have always been the main players in the conspiracies, they were nonetheless some of the main beneficiaries of it. The victims of asbestos exposure did nothing wrong and the courts should be looking to expand their protections under the law, not trying to limit those protections.

Originally posted at InjuryBoard by Robert Blanchard

McCain Picks Palin

Robert Blanchard — Fri, 29 Aug 2008 12:20:10 GMT

Hard to stay away from politics. McCain's pick of Palin is obviously good for Obama. Picking a woman despite her lack of experience looks like a desperate trick. Surprise! Of course, this is not the first time McCain has picked a younger woman. Who are we to stand in the way of true love? In this case, the true love is for her ties to the oil companies that want to buy this election like they bought the last two. Who would have figured that putting two oil men at the top of our government would result in huge profits for big oil and no-bid contracts for Halliburton. Well, I guess now we all know when we drive up to the pump.

Palin may be a good person, I tend to like whistleblowers, but with McCain at 72, he has given up all rights to saying Obama is too inexperienced, having picked a former mayor and two year governor to run the country.

Originally posted at InjuryBoard by Robert Blanchard

Highpoints at the Democratic Convention

Robert Blanchard — Wed, 27 Aug 2008 15:28:21 GMT

Departing from my usual topics, I will point out the obvious, trial lawyers are watching this election closely and cannot afford another Republican administration. If you think the Bush judges will ultimately give you justice when you or a family member are injured or killed by corporate negligence, you are wrong. Many Bush appointees only care about servicing the most powerful and are ideaological in their results and opinions. No matter how innocent you are and how bad the company was, ideological judges just don't care, they only want the result that will keep them in positions of power and influence, and that doesn't mean helping out the average citizen.

Electing Obama may be a long shot, but the great speeches from Michelle Obama and Hillary Clinton signify that the Democratic Party is up to the challenge.

Originally posted at InjuryBoard by Robert Blanchard

Undue Influence in West Virginia

Robert Blanchard — Thu, 14 Aug 2008 11:31:43 GMT

A recent New York Times article exposed how a major corporation has access to governmental favors not enjoyed by ordinary citizens. In a lawsuit currently on appeal to the Supreme Court of West Virginia, the article explains, Dupont had direct access and meetings with the state's governor. Doing a favor for Dupont, the governor's office filed its own brief in the appeal, even though the state is not a party to the action. This is an unusual step, but it was obviously designed to curry favor with Dupont and other polluters who don't want to be held liable for the damage they have caused. One of Dupont's employees now working for the governor was involved. The victims in the lawsuit are still suffering with the impact of Dupont's pollution, but I don't think they have had any meetings with the governor.

Originally posted at InjuryBoard by Robert Blanchard

FDA Had Warned Digitek Maker - Where was the follow up?

Robert Blanchard — Thu, 29 May 2008 15:19:08 GMT

Researchers have found a warning letter from all the way back in 2006 that the FDA's parent agency Health and Human services had warned the makers of the now-recalled heart medication back in 2006 of problems with their manufacturing facility. Specifically citing Digitek (as Digoxin) along with other substances produced at their New Jersey facility, the letter note a specific lack of oversight as regards product strength. Now we know that the pills were almost 2 times the size they should have been and we are hearing from a lot of patients about the serious injuries they suffered while on the bad pill. Many first learn of the problem when the get the recall letter from their pharmacy. Wal Mart and Walgreen's have obviously sent out a lot of such letters.

Originally posted at InjuryBoard by Robert Blanchard

Law Firm Sounds Alarm on Asbestos Reform

Robert Blanchard — Wed, 20 Feb 2008 11:23:37 GMT

By way of a recent interview on GoLeft TV, my firm is looking to bring the spotlight back on the efforts of the U.S. Chamber of Commerce effort to victimize those suffering with asbestos related cancer. Citing a long string of court victories, the Chamber's National Camber Litigation Center is letting everyone know it is stepping up its tort reform effort in 2008. The most likely target will be an asbestos bill that will be watered down enough to pass a Democratic Congress, but just enough to give them a preemption argument to use in the courts. With a slew judicial seats held by Reagan and Bush appointees, that is all they will need to take away the right of those suffering with asbesotos related cancers, like mesothelioma, to pursue adequate remedies in the courts. See the interview at GoLefttv.com.

Originally posted at InjuryBoard by Robert Blanchard

Allstate Suspended In Florida

Robert Blanchard — Wed, 16 Jan 2008 12:40:24 GMT

Well they finally made the Florida legislature mad enough to do something. For years Allstate has promised to lower rates if given various tort reforms and other perks from our lawmakers. The state always fell for it (read "insurance money political contributions"), but the companies never lowered their rates and the consumers continued to pay through the nose, only with more and more of their right of access to the courts taken away. The legislature fell for it again when Allstate asked for billions of dollars worth of re-insurance from the State of Florida for wind dmage claims, promising to lower rates to Florida citizens. This time, when they failed to make good on their phony promises, the got subpoenas from the legislature. Since they have never been afraid of the own lapdog politicians, they failed to respond and showed their usual bad faith. When hauled before committees to testify, Allstate told the press that "we look foorward to discussing these important issues with our lawmakers." Baloney. Whatever they said in response to the questioning so riled they lawmakers that they finally acted and took away Allstate's ability to write auto insurance in the State of Florida. Click here. Ouch.
Don't expect it to last long. I hear some political contributions are on their way to Tallahassee and they aren't coming from the homeowners.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Robert Blanchard