Tuesday, July 26, 2011

How much is your child's health or safety worth?

How many of you think that the lady who got a jury award for spilling hot coffee on her lap played the system?  The new movie - HOT COFFEE helps explain why the jury, in spite of all the media spin, gave her the award.  

Watch This Trailer for the Movie "Hot Coffee" 

"Tort Reform" which is not a reality in over 30 states, does not help you, or me, or any other individual citizen.  Tort Reform protects corporation, doctors, and other who are in positions of power which can be abused.

 Interview with the Director of Hot Coffee - find out why 

Tort Reforms you are giving up your rights in favor of corporations, big business, and healthcare providers.  They benefit, you don't!  Agreeing to arbitrate does the same thing.

Article about Tennessee's new tort reform

When you read this article, you can read the words "level playing field" to mean - predicable risk of loss in a law suit - This means that a company can create an actuarial model to determine how negligent they can afford to be.  Your life, health and safety are reduced to mere numbers on a balance sheet.  Remember the infamous case about the Ford Pinto, when Ford decided it was easier to pay off the families of the people who burned up in an accident than it was to recall and fix the relatively minor problem with the cars.  Fortunately, in that case, the Jury told them "no", human life is worth more than your precious balance sheet. 

They took your rights with Worker's Comp.  Now they are taking them away with tort reform.  The simple question is, if a doctor acted negligently and injured your child, how much is enough to properly compensate you and to provide for her?

"Hot Coffee" explored the human effects of caps on damages. Four states, including Nebraska and Virginia, however, have a cap on all damages - including economic damages.
In the HBO documentary, a Nebraska boy was injured at birth. As a result of the negligence of an obstetrician, he is severely brain damaged and will require a lifetime of care. A lifetime of medical care alone will cost in excess of $5 million. The jury awarded $5.5 million. But because Nebraska maintained a $1.75 million cap on all damages, his family received only $1.75 million (much of which went to expenses and attorney fees). That means that taxpayers get stuck with the bill, rather than the wrongdoer.

Tennessee's law places a $750,000 cap on non-economic damages and limits punitive damages at twice the amount of compensatory damages or $500,000, whichever is greater. The bill lifts the cap if the defendant is found to have intended to cause bodily injury.

They want you to believe that this is going to help you.  What will you do if your medical bills, the uncovered portion, is over the limit and it was caused by a negligent doctor?  What you will do is head for bankruptcy court, because your governor gave away your rights in an effort to attract businesses to Tennessee.  He traded your rights for more tax revenue.

Compensatory damages, including non-economic damages, are designed to make a Plaintiff whole. Punitive damages are designed to punish the wrongdoer.  Punitive damages have been limited to $500,000.  So, if your doctor gets drunk, operates on you, and cripples you for life, the most his insurance company will have to pay is $500,000 in punitive damages - no matter how badly you are injured or how blatant his negligence.  That's what has happened due to the 25 year long lobbying efforts of big corporations and insurance companies. 

Please take a look at some of the videos posted here.  These limits are tragic for the citizens of Tennessee, just like they are tragic for the 30 other states that have also adopted them.  Don't be fooled into giving up any more of your rights. 

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7 Signs of a bad Doctor

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Monday, July 25, 2011

Skin-Prep Wipes Used in Convenience Kits and Tray Recalled

This is a Class 1 recalls are the most serious type of recall and involve situations in which there is a reasonable probability that use of these products will cause serious adverse health consequences or death.

Skin-prep wipesfor inclusion into dressing kits and Peripherally- Inserted Central Catheter (PICC) insertion tray.  The skin-prep wipes were recalled by the manufacturer due to the potential for bacterial contamination. Surgical patients, and patients who are immuno-compromised, such as those with diabetes, cancer, and certain other chronic diseases, may be at potential risk for infection. This may cause serious adverse health consequences or death.

If you have been injured, or if you know someone who has been injured by this or any other medical device, email Robert Vogel at rlvogel@robertvogellaw.com or call at 865-357-1949.

Churchill Medical Systems, a Vygon Company, Skin-Prep Wipes Used in Convenience Kits and Tray

Recall Class: Class I
Date Recall Initiated: April 19, 2011
Products: Skin-prep wipesfor inclusion into dressing kits and Peripherally- Inserted Central Catheter (PICC) insertion tray.
Product Name Product Code Lot Number
Dressing Change Kit AMS-7080CP 10J29, 10J55, 11A18, 11A47, 11B06
Central Line Dressing Kit AMS-8316CP-1 10I60, 10K42, 10F87
PICC Insertion Tray AMS-8431CP 10H30
Dressing Change Kit AMS-9189CP-1 1006150, 1006149, 1008143
Dressing Change Kit AMS-9189CP 1003527
These products were distributed from September 3, 2010 through March 11, 2011.
Use:
  • Dressing Change Kit is intended for use during a dressing change of a patient with a central line catheter.
  • Central Line Dressing Kit is intended for use as a dressing following the placement of a central line catheter.
  • PICC Insertion Tray is intended for use during the placement of a peripherally inserted central catheter line.
Recalling Firm:
Churchill Medical Systems, a Vygon Company
103 A Park Drive
Montgomeryville, Pennsylvania 18936-9613
Manufacturer:
H&P Industries, doing business as, Triad Group
700 West North Shore Drive
Harland, Wisconsin 53029-8358
Reason for Recall:
The skin-prep wipes were recalled by the manufacturer due to the potential for bacterial contamination. Surgical patients, and patients who are immuno-compromised, such as those with diabetes, cancer, and certain other chronic diseases, may be at potential risk for infection. This may cause serious adverse health consequences or death.
Public Contact:
Consumers with questions should contact Vygon Customer Service Department, Monday through Friday, from 8:30 am through 6:00 pm, at 1-800-473-5414, Eastern Time.
FDA District: New England
FDA Comments:
Customers and Distributors:
Vygon sent a customized letter to their customers by overnight mail. Each customer received the specific product codes and lots that were shipped to them (as described in the Recall Acknowledgement and Inventory Return Form). Distributors were provided with instructions on how to handle the product that was further distributed by them.
On May 31, 2011, the firm issued an updated Recall Notice to two “consignees” affected by the expanded recall.
Consumers:
STOP using the product. Coordinate the return and replacement of the product with Vygon immediately.
Class 1 recalls are the most serious type of recall and involve situations in which there is a reasonable probability that use of these products will cause serious adverse health consequences or death.
Health care professionals and consumers may report adverse reactions or quality problems they experienced using these products to the FDA’s Safety Information and MedWatch Adverse Event Reporting Program either online, by regular mail or by FAX.

Club Car Recalls Golf Cars and Hospitality, Utility and Transport Vehicles Due to Crash Hazard


For fast assistance and a free case evaluation contact Robert L. Vogel

The following alert was issued on June 29.  IF you, or anyone you know, was injured due to the brake pedal malfunction in one of the vehicles listed below, contact me - 865-357-1949 or email rlvogel@robertvogellaw.com  to learn about your rights.



The following product safety recall was voluntarily conducted by the firm in cooperation with the CPSC. Consumers should stop using the product immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Name of Product: Golf cars and hospitality, utility and transport vehicles
Units: About 800 (In November 2010, 5,000 units recalled for break pedal welds)
Manufacturer: Club Car LLC, of Augusta, Ga.
Hazard: The brake pedal mounting blocks can crack and separate, resulting in a loss of braking ability. This can result in a crash.
Incidents/Injuries: Club Car has received no reports of brake pedal mounting blocks breaking in the field. No injuries have been reported.
Description: The recalled vehicles are model 2011 DS golf cars and hospitality, utility and transport vehicles used for short-distance transportation. The Club Car has various models, colors and sizes including 2 to 6 passenger seating vehicles. The vehicles can be identified by the serial number, which is above and to the right of the accelerator pedal. A list of models and serial numbers included in the recall are listed below.
Sold at: Authorized Club Car dealers nationwide between April 2011 and May 2011 for between $6,000 and $11,000.
Manufactured in: U.S.
Remedy: Consumers should stop using the recalled Club Cars and contact the firm to receive free brake pedal replacement mounting blocks. Club Car is contacting all known owners of the recalled vehicles.
Consumer Contact: For more information, contact Club Car at (800) 227-0739 ext. 3580 between 8 a.m and 5 p.m. ET Monday through Friday or go to the firm’s website at www.clubcar.com


Golf Cars and Hospitality Vehicles

Picture of DS Electric Golf Car IQ System / PowerDrive, System 48, AQ, 1137-227664 to 1139-232150
DS Electric Golf Car
IQ System / PowerDrive
System 48
AQ
1137-227664 to 1139-232150
Picture of DS Gas Golf Car, AG, 1137-227689 to 1139-233275
DS Gas Golf Car
AG
1137-227689 to 1139-233275
Picture of Café Express, AF, 1137-228254 to 1139-231797
Café Express


AF
1137-228254 to 1139-231797



Transportation and Utility Vehicles

Picture of Villager 4, TG, 1137-228179 to 1137-228179
Villager 4
TG
1137-228179 to 1137-228179
Picture of Villager 6, Villager 6 Plus,KG/QS, 1137-227397 to 1139-232629
Villager 6, Villager 6 Plus
KG/QS
1137-227397 to 1139-232629
Picture of Villager 8, MG/QE, 1137-228251 to 1139-232424
Villager 8
MG/QE
1137-228251 to 1139-232424
Picture of Carryall 232, XL/XM, 1137-227646 to 1138-2229710
Carryall 232
XL/XM
1137-227646 to 1138-2229710
Picture of TransPorter 4, JS/JT, 1137-228594 to 1139-231845
TransPorter 4
JS/JT
1137-228594 to 1139-231845
Picture of TransPorter 6, JQ, 1137-227511 to 1139-232011
TransPorter 6
JQ
1137-227511 to 1139-232011
Picture of Carryall 1, Carryall Turf 1, FD/FG/HD/HG, 1137-227446 to 1139-233202
Carryall 1, Carryall Turf 1
FD/FG/HD/HG
1137-227446 to 1139-233202
Picture of Carryall 2, Carryall 2 Plus, Turf 2, Turf 2 Plus, EG/PG/QB/QT/RG, 1137-227426 to 1139-233129
Carryall 2, Carryall 2 Plus,
Turf 2, Turf 2 Plus
EG/PG/QB/QT/RG
1137-227426 to 1139-233129
Picture of Carryall 6, Carryall Turf 6, JR/JU/JV, 1137-227518 to 1139-232421
Carryall 6, Carryall Turf 6
JR/JU/JV
1137-227518 to 1139-232421
Picture of XRT 800, 810, 850, 900, AE/JM/JY/JZ/XF/XJ, 1137-227641 to 1139-232482
XRT 800, 810, 850, 900
AE/JM/JY/JZ/XF/XJ
1137-227641 to 1139-232482
Picture of Carryall 252, Turf 252, JK/JL/XG/ZG, 1137-227376 to 1139-232478
Carryall 252, Turf 252
JK/JL/XG/ZG
1137-227376 to 1139-232478
 


Sunday, July 24, 2011

Changzhou Globe Tool Group Recalls Electric Log Splitters Due to Laceration or Amputation Hazard; Firm to Provide Additional On-Product Warnings; Sold Exclusively at Lowe's Stores

If you have purchased one of these products and need to find out what to do, please contact me.  If you have been injured by one, definitely contact me.  Bob Vogel

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firms named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Name of Product: Task Force 5-ton electric log splitters
Units: About 20,000
Manufacturer: Changzhou Globe Tool Group Co. Ltd., of China
Importer: L G Sourcing, Inc. of North Wilkesboro, NC
Hazard: The electric log splitters have a hydraulic arm that, during use, slides under the handle used to move the machine. The moving hydraulic arm poses a laceration or amputation injury hazard to individuals who place their hands on that handle while the splitter is in operation.
Incident/Injuries: There have been two reports of injuries including a fingertip amputation of an 18-year-old man and one finger laceration injury of a 60-year-old man. Both individuals were injured after placing their hands on the handle while the splitter was in operation.
Description: The log splitters are silver and black, electric 5-ton models. The log splitter brand name, model and item number below is included in this recall.
Brand Name
Mfg. Model No.
Item Number
Task Force
26083
241483
The item number and model number is printed on the power switch label at the rear of the log splitter. "Task Force" is printed on the side rail of the log splitters.
Sold Exclusively at: Lowe's stores nationwide from January 2008 through March 2011 for about $300.
Manufactured in: China
Remedy: Consumers should immediately stop using the recalled log splitters and contact Changzhou Globe Tool Group Co. Ltd. to receive a free set of warning labels including placement instructions.

Picture of recalled log splitter

---
The U.S. Consumer Product Safety Commission (CPSC) is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell us about your experience with the product on www.saferproducts.gov
CPSC is charged with protecting the public from unreasonable risks of injury or death associated with the use of the thousands of consumer products under the agency’s jurisdiction. Deaths, injuries, and property damage from consumer product incidents cost the nation more than $900 billion annually. CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. CPSC’s work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed to a decline in the rate of deaths and injuries associated with consumer products over the past 30 years.
Under federal law, it is illegal to attempt to sell or resell this or any other recalled product.

In Response to Ron Paul's article that says we should let the U.S. default...

Dear Mr.
Paul;



I read your article and find it
quite disturbing.  You are part of the group of politicians who can’t seem to
get it together enough to solve the problem, yet you have the audacity to try to
step outside of it and passively say, in essence, that “they” are unreliable and
can’t fix it.  How about you?  How about your influence?  Where is your
leadership?  You are an American and you are a politician, why don’t you take
responsibility?  You want to be president, how can you act in a way that is
contrary to the Country’s best interest.



To the point: arguing that the three
examples you gave give permission to default again is ingenuous and logically
invalid.  If, in fact, those were defaults, and it is debatable, they are not to
the scale that we would face today.  Also, simply because one has done something
incorrect in the past does not justify a repeat of the same behavior.  Were that
true, repeat offenders would not be punished more harshly by our criminal
justice system.  So, it is logically absurd to argue that past wrongs justify a
present wrong.  Finally, the premise that a default sooner than later is better
for the country is not sustainable.  If it can be postponed, and if the problem
can be solved, than why allow it to happen.



Your article conveys to me that you
have given up on America.  It appears to me that you
have thrown in the towel and say that it is inevitable that we go under.  What
about everyone who works so hard everyday just to make ends meet.  How are you
going to sustain them when the currency devalues 40 or 50%?  How are you going
to address the calamity it will cause in the already devastated housing market? 




What I want to know is why you no
longer care about Americans or America?  Why don’t you take your
patriotic duty to heart, get over your petty differences with the other
politicians and solve this problem?



I will tell you now, if you are the
quitter this article says you are, you will never get my vote next year – and,
as a center of influence, I will make sure no one I knows votes for you. 




As far as I can tell, the only good
that could come out of a default in August, or anytime, is that I believe it
will result in a rout of all or most of the current career politicians. 
Certainly, if the ones that are currently in Washington can’t solve this problem, they
should hang their heads in shame and walk away.  But, it is my belief that the
country will vote them all out in favor of new faces next election. 




Let me end this way: Our dollar, and
our debt, are backed by a phrase I take very seriously – “the full faith and
credit” of the United States
of America.  The debt is backed by a moral
obligation.  It is clear to me that you don’t take that moral obligation
seriously, and that is fundamentally disturbing to me.  The people who own U.S.
Government debt relied on that promise – that they would get paid based on the
full faith and credit of the United States of America.  It is
frightening to me that a man of your political stature fails to take that phrase
seriously.  As an American, I tell you that it breaks my
heart.



Don’t give up the ship.  Get in
there and work and do some good.  Don’t throw up your hands, shake your head and
walk away. 



Bob
Vogel

American