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Texas Tribune Daily Brief
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| How an Insurer Is Taking Money From the Fan Beaten at Dodger Stadium |  | Although a Los Angeles Superior Court jury awarded Bryan Stow $18 million from the Dodgers and his assailants last year, he has yet to receive any money. And, in a bizarre twist, the Dodgers' liability insurer, ACE Property and Casualty Insurance Company, stands to net $1.6 million from a side deal in the case. t's all because Stow's health insurer is entitled to a huge slice of the settlement, even before Stow is paid. A growing body of federal law, including a recent U.S. Supreme Court case, gives insurers power to recoup medical costs caused by a third party'in the face of state laws that specifically prohibit it. In recent years, subrogation has mushroomed into a multibillion-dollar source of offsetting costs for private health insurers as well as Medicare and Medicaid. Medicare reaped nearly $2.5 billion last year, aided by a 2007 law that requires the federal insurer for the elderly to be notified of any legal settlements paid to its beneficiaries so it can subrogate the funds.
David Armstrong, Bloomberg 04/08/2015    | | Read Article: Bloomberg |
| Manchester VA Ordered to Pay $21M for Malpractice | | A 60-year-old Navy veteran, now a prisoner in his own body, has been awarded a $21 million malpractice verdict against the Veterans Administration Medical Center in Manchester. The April 3 ruling by a federal judge assails the VA for "carelessly prescribing the wrong medication" and leaving the patient "medically abandoned." The patient, Michael Farley of Bennington, now lives with 'locked-in syndrome' after suffering two strokes within two months in 2010. He remains fully conscious, but has no voluntary muscle movement other than the very limited ability to move his eyes and his head. According to U.S. District Court Judge Landya McCafferty, Farley's condition could have been avoided if doctors at the Manchester VA had properly diagnosed and treated him after his first stroke in October 2010.
DAVE SOLOMON, Union Leader 04/08/2015 | | Read Article: Union Leader |
| Former Kicker Sues Buccaneers Over MRSA Infection | | Former Super Bowl-winning kicker Lawrence Tynes is suing the Tampa Bay Buccaneers for $20 million after contracting a MRSA infection in a toe on his kicking foot that prematurely ended his career, his lawyer said Tuesday. The lawsuit filed late Monday in Broward County Circuit Court in Florida accuses the team of negligence for failing to suitably sanitize the facility to prevent the spread of the potentially fatal infection. Methicillin-resistant Staphylococcus aureus, or MRSA, is caused by a rare strain of staph bacteria resistant to the antibiotics commonly used to treat ordinary infections.
Reuters, The New York Times 04/08/2015 | | Read Article: The New York Times |
| U.S.D.A. Faces Lawsuit Over Organic Farming Rule Changes | | A lawsuit has been filed challenging changes to the U.S. Department of Agriculture's policy on substances used in organic farming. The lawsuit was filed by a coalition of seed growers, grocers, and consumer and environmental advocates in Federal District Court for the Northern District of California. According to the lawsuit, the U.S.D.A. failed to hold a public hearing or seek public comment when it changed the way nonorganic substances are approved for use in farming. In doing so, the lawsuit alleges that the department violated laws on federal rule-making.
Stephanie Strom, The New York Times 04/07/2015 | | Read Article: The New York Times |
| Lawsuit Settled Over Family Arrested While Seeking Medical Help for Dying Daughter | | A lawsuit against the city of Joplin, Missouri and its police department by a man and his son who were arrested while seeking medical treatment for a dying family member has been settled. The lawsuit was settled for $65,000 after mediation talks between the city and the man's family. According to the lawsuit, the plaintiff was seeking emergency medical treatment for his daughter, who was suffering from a self-inflicted gunshot wound. After informing a 911 operator of the situation and arriving at the hospital, the man's daughter was left unattended while the family was placed in custody and questioned about her condition. The girl later died at the hospital.
Debby Woodin, The Joplin Globe 04/07/2015 | | Read Article: The Joplin Globe |
| Study Warns of Diet Supplement Dangers Kept Quiet by F.D.A. | | Popular weight-loss and workout supplements on sale in hundreds of vitamin shops across the nation contain a chemical nearly identical to amphetamine, the powerful stimulant, and pose dangers to the health of those who take them, according to a new study. The Canadian health authorities in December called the chemical, BMPEA, 'a serious health risk,' and pulled supplements that contain it from store shelves. The Food and Drug Administration documented two years ago that nine such supplements contained the same chemical, but never made public the names of the products or the companies that made them. Neither has it recalled the products nor issued a health alert to consumers as it has done with other tainted supplements.
ANAHAD O'CONNOR , The New York Times 04/08/2015 | | Read Article: The New York Times |
| Giving Out Private Data for Discount in Insurance | | A program, being announced Wednesday, John Hancock will apply to both term and universal life insurance policies and is being operated through a partnership with Vitality, a global wellness company that already works with employers and health insurers in the United States. The concept has the potential to transform the way life insurance is priced, at least for consumers who are willing to continually share their health data. But it also raises questions about how that information will be protected ' and whether it could be used in ways that ultimately work against a consumer's best interests. People who sign up will receive a free Fitbit monitor, which can be set to automatically upload activity levels to the insurer. The most active customers may earn a discount of up to 15 percent on their premiums, in addition to Amazon gift cards, half-price stays at Hyatt hotels and other perks.
TARA SIEGEL BERNARD, The New York Times 04/08/2015 | | Read Article: The New York Times |
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