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December 07, 2011

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Coolant Leak Likely Cause of Volt Fires

Families of W.Va. Mine Blast Victims Want Criminal Prosecutions

Payouts to Victims of Indiana State Fair Collapse Range from $109 to $503,042

$3.5 Million Settlement in NY Juvenile Jail Death

Rogue Physicians’ Impact on Medical Malpractice Claims

Reliance on High-Tech and High-Turnover Leading to Lawsuits in ‘Hospitalist’-Heavy San Antonio

Suit Claims Pepper Spray is Used Excessively at Birmingham Schools

 

 

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Coolant Leak Likely Cause of Volt Fires

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The liquid solution that cools the Chevrolet Volt’s batteries is the likely cause of fires that broke out inside the electric car after government crash tests, a person briefed on the matter said. Engineers at General Motors Co., which makes the much-celebrated car, are working on structural changes to strengthen the car’s T-shaped battery pack, the person said. They are also looking at ways to bolster the Volt’s frame to make it more resistant to side-impact crashes. The coolant did not catch fire, but crystallized and created an electrical short that apparently sparked the fires, said the person, who asked not to be identified because the findings are not final.  Associated Press, Houston Chronicle  12/07/2011

Read Article: Houston Chronicle    

 

Laws/Cases

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Families of W.Va. Mine Blast Victims Want Criminal Prosecutions

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Money is cold comfort to some relatives of the 29 men who died in the worst mining disaster in decades. They want justice, the kind that comes with a courtroom and a prison cell. The families listened in shock Tuesday as federal prosecutors announced the biggest settlement in a U.S. coal mining disaster with the new owners of the Upper Big Branch mine. The former owner, Massey Energy, had been accused of putting profits ahead of safety, so Alpha Natural Resources agreed to pay nearly $210 million. Though the Mine Safety and Health Administration also pledged to review its own handling of the mine, the words failed to placate. No criminal charges were announced.  Associated Press, The Washington Post  12/07/2011

Read Article: The Washington Post    

 

Payouts to Victims of Indiana State Fair Collapse Range from $109 to $503,042

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With $5M available for more than 100 State Fair stage collapse victims, Attorney General Greg Zoeller and victim-compensation guru Kenneth Feinberg had to draw a line somewhere. On Tuesday, they announced how that money would be spent. And they drew immediate criticism from several attorneys for victims of the Aug. 13 tragedy, which killed seven people and injured more than 40. By law, the state can't pay more than $5 million total for one tragedy, and it can't pay a single victim more than $700,000.  Alex Campbell, Indianapolis Star  12/07/2011

Read Article: Indianapolis Star    

 

$3.5 Million Settlement in NY Juvenile Jail Death

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A U.S. district court judge has approved a $3.5 million payout by the state of New York for the death of a teenager who died during an altercation in a male youth prison, the majority of which will go to the victim’s mother. Employees at the facility had restrained the boy after an argument to the point that he became unconscious, despite complaints from him that he couldn’t breathe. Although the workers involved in the death did not face criminal charges, the civil rights lawsuit has “helped trigger a federal Department of Justice probe that forced the state to look at changes in the way its youth prisons, or juvenile justice centers, are operated.”  Rick Karlin, Albany Times Union  12/06/2011

Read Article: Albany Times Union    

 

Healthcare

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Rogue Physicians’ Impact on Medical Malpractice Claims

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Medical malpractice claims related to the conduct of rogue physicians are on the rise. “It seems to be a growing problem,” according to Linda E. Jones, executive vice president at RCM&D Healthcare, a Baltimore-based insurance consultant. “We do hear more and more issues of physicians [involving] illegal or unethical activity,” said Jones, who is also chief operating officer at SISCO, a subsidiary of RCM&D and a third party administrator that provides claims services to healthcare organizations.  Denise Johnson , Claims Journal  12/07/2011

Read Article: Claims Journal    

 

Reliance on High-Tech and High-Turnover Leading to Lawsuits in ‘Hospitalist’-Heavy San Antonio

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So-called hospitalists are medical personnel who contract with hospitals to manage large numbers of patients – sometimes two dozen or more in a shift. They are typically compensated per patient “encounter,” an incentive to maintain a high volume of patients. IPC, the country’s largest publicly-traded hospitalist practice, has been named in seven unrelated, local malpractice lawsuits. Some cases involve allegations that hospitalists failed to review medical histories or consult with primary care physicians before authorizing powerful drugs. Many studies say these types of deaths are preventable. But institutional change is needed across corporate health care, which often regards patients as commodities, making some doctors more accountable to shareholders than the Hippocratic Oath. This is exacerbated in Texas with tort reform, which often means families can never expect medical justice.  Robert Crowe, San Antonio Current, N/A  12/07/2011

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Class Action

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Suit Claims Pepper Spray is Used Excessively at Birmingham Schools

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A hearing is currently underway that will determine if a lawsuit against Birmingham school officials and police can obtain class-action status over the use of pepper spray on local high school students. A lawsuit was originally filed by the Southern Poverty Law Center on behalf of eight high school students and claims that no other school district in the country has had Mace used as frequently. The suit seeks a modified, more specific policy on the use of Mace and further training for resource officers, as well as an improved selection process for those who become officers.  Kent Faulk, The Birmingham News  12/06/2011

Read Article: The Birmingham News    


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