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March 1, 2018

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Have you registered for the TTLA Car Wrecks CLE - Houston?
March 8, 2018, South Texas College of Law, 1303 San Jacinto St., Houston. Click on the headline to learn more and register.

Studies/Reports

Arsenic, Lead Found in Popular Protein Supplements
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A new study shows that many of the top-selling protein powders and drinks may contain concerning levels of heavy metals such as arsenic, cadmium, mercury and lead and toxins like bisphenol A (BPA), a chemical found in some plastic containers and food can liners. These substances have been linked to cancer, brain damage, and reproductive issues. “These toxins accumulate in your body and can stay there for years,” says Tunde Akinleye, a test program leader in Consumer Reports’ Food Safety Division. “Frequent consumption of foods that contain them can have adverse health effects over the long run.”
Jesse Hirsch, ConsumerReports.org03/01/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: ConsumerReports.org


Issues

(Investigation, Part 4) Drugged and Dying: Some Nursing Homes are Over Medicating Residents Rather than Paying Caretakers
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News 8 investigative reporter Charlotte Huffman found that 96 percent of Texas nursing homes admit they’re giving drugs to residents who don’t need them. According to the FDA, unnecessary use of antipsychotic medication kills 15,000 nursing home patients every year. Of all the drugs used as chemical restraints, antipsychotics are the most widespread and may be the most dangerous. The federal government has previously caught drug manufacturers improperly promoting their antipsychotic drugs for use in nursing homes. As a result, nursing homes pledged to reduce the improper use of these drugs on their residents. But our reporting shows that many facilities may have found a way to give the drugs to residents anyway. Before nursing homes can give residents antipsychotics, new federal guidelines require doctors to diagnose them with at least one of three mental illnesses, the most common being schizophrenia. A WFAA analysis of nursing home data shows that, after this new rule, the number of residents diagnosed with schizophrenia has skyrocketed 26 percent. Typically, schizophrenia develops in a patient’s early 20s, not later in life, experts say.
Charlotte Huffman, Mark Smith, WFAA.com03/01/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: WFAA.com

Equifax Finds an Additional 2.4M Americans Impacted by 2017 Breach
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Equifax said Thursday that 2.4 million more people than it previously believed were affected by its massive data breach last year, the second time it has revised up estimates of the number of Americans whose information was stolen. The company said hackers stole partial driver’s license information from this latest group of victims. The news brings the total number of Americans affected by the breach, which occurred between May and July, to about 148 million.
Paul Davidson, USA Today03/01/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: USA Today


Laws/Cases

Weight Loss Surgeons Indicted After Defrauding Patients
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Two California weight-loss surgeons have been indicted on charges that they falsified records and defrauded patients. On Wednesday, both doctors were arrested after they were indicted by a federal grand jury for creating fraudulent medical bills as part of a Lap-Band surgery enterprise. The two Southern California doctors reportedly forced patients to undergo unnecessary tests, falsified medical tests to justify surgeries and cheated insurers and patients out of $250 million.
Richard Winton, LA Times02/28/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: LA Times

Lawsuit: Cable Installer Raped 72-Year-Old Dallas Woman After Service Call
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The family of a Dallas woman is now suing Charter Communications and a third-party cable installation company after she was raped while having her services set up last year. According to court documents, Charter Communications sent a contractor in April of 2017 to the woman’s home to set up cable, internet, and telephone services.During the visit, the documents say 24-year-old Moises Cabrera (the installer) directed the victim to her bedroom after finishing all installations. From there, the documents say that Cabrera began to rape and sexually assault her.
Matt Howerton, WFAA.com03/01/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: WFAA.com

Wells Fargo Is Accused of Harming Fraud Victims by Closing Accounts
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When signs of fraud appear on a customer’s account, such as a counterfeit check or an unauthorized withdrawal, a bank is required by law to investigate whether criminal activity has occurred. Wells Fargo had a simpler solution, according to a former employee: Close the account and drop the customer. Matthew Valles, a former fraud investigator for Wells Fargo in Portland, Ore., said the bank fired him in January in retaliation for his internal complaints about “hundreds” of mishandled fraud investigations. On Wednesday, he sued the bank and his former manager, alleging that they violated whistle-blower laws.
EMILY FLITTER & STACY COWLEY, The New York Times03/01/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: The New York Times

Houston Sued After Female Firefighters Allege Sex Bias
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Federal officials have sued the city of Houston after two female firefighters accused their male colleagues of harassing them because of their sex. The women alleged male co-workers would urinate on the walls and sinks of the women's bathroom and dormitory in the fire station and scrawl vulgar slurs on their belongings. According to a Justice Department statement Wednesday, the men also would shut off the cold water to scald the women as they showered and disconnected the announcement speakers in the women's dorm so they wouldn't respond to emergency calls.
Associated Press, US News & World Report 03/01/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: US News & World Report


Healthcare

Investigation: Prescription for Secrecy
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An investigation by the Milwaukee Journal Sentinel and MedPage Today shows how widespread the problem is: At least 500 physicians who have been publicly disciplined, chastised or barred from practicing by one state medical board have been allowed to practice elsewhere with a clean license. And their patients are kept in the dark — even as more become victims — thanks to an antiquated system shrouded in secrecy.
John Fauber (Milwaukee Journal Sentinel) and Matt Wynn & Kristina Fiore (MedPage Today), Milwaukee Journal Sentinel03/01/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Milwaukee Journal Sentinel


Class Action

Class Action Suit Filed On Behalf of Babies Born With Opioid Addiction
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The family of an infant from Louisiana who was born addicted to opioids has filed a lawsuit against several pharmaceutical manufacturers and distributers. The complaint was filed as class action on behalf of all babies across the state born addicted to the medications. The lawsuit filed in the 22nd Judicial District Court in St. Tammany Parish seeks financial compensation to cover the medical expenses of caring for an infant addicted to opioids. Named as defendants in the lawsuit are Johnson & Johnson, Purdue Pharma, Janssen Pharmaceuticals, and Teva Pharmaceuticals among other drug manufacturers and distributors.
Maria Clark, New Orleans Times-Picayune02/27/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: New Orleans Times-Picayune


Products

How Defective Guns Became the Only Product That Can’t Be Recalled
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No government entity has the power to police defective firearms or ammunition in America—or even force gunmakers to warn consumers. The Consumer Product Safety Commission can order the recall and repair of thousands of things, from toasters to teddy bears. The Food and Drug Administration deals with food, drugs, and cosmetics. Only one product is beyond the government’s reach when it comes to defects and safety: firearms. Not even the Bureau of Alcohol, Tobacco, Firearms and Explosives can get defective guns off the market. If a gunmaker chooses to ignore a safety concern, there’s no one to stop it.
Michael Smith & Polly Mosendz, Bloomberg03/01/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Bloomberg


Technology

Lee Mathews: New Android Malware Can Secretly Record Your Conversations
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Security researchers have discovered nasty new Android malware that's purpose-built for blackmail. It's called RedDrop, and it's a bit nastier than run-of-the-mill ransomware. Researchers at U.K.-based Wandera say that RedDrop targets sensitive data like your contacts and photos. It also gathers information about your phone, from the apps you have installed to the WiFi networks you're near. The most frightening thing about RedDrop, however, is that it can hijack your phone's microphone. That allows it to eavesdrop on conversations you -- or anyone else -- might be having near the infected device. A lot of that audio won't be of any value, but something sensitive is bound to come up eventually. Confirmation codes for banking or transaction details, for example.
Lee Mathews, Contributor, Forbes03/01/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Forbes



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