Tuesday, December 13, 2011

Corporate Greed strikes again

The AP (12/12) reported, "Medtronic Inc., the world's largest maker of medical devices, has agreed to pay $23.5 million to settle allegations that it paid kickbacks to doctors to implant its pacemakers and defibrillators, the US Justice Department said Monday." Federal prosecutors "alleged that Medtronic caused false claims to be submitted to Medicare and Medicaid by using two post-market studies and two device registries as vehicles to pay illegal kickbacks to doctors. 'Medicare and Medicaid beneficiaries depend on their physicians to make decisions based on sound medical judgment, especially when they are choosing which pacemaker or defibrillator to implant,' B. Todd Jones, US attorney for Minnesota, said in a statement."

Saturday, November 19, 2011

Thursday, August 4, 2011

Target Recalls Step Stools with Storage Due to Fall Hazard

Incidents/Injuries: Target has received 26 reports of the stools breaking or collapsing. Fourteen incidents involved children, seven involved adults, and five incidents where the user’s age was unknown. Two adults fractured their wrists, and of those victims, one also fractured her hip and pelvis. Additionally, six children and one adult suffered scrapes and bruising.

If you or someone you know has been injured by this product, please contact Attorney Robert L. Vogel immediately at: 865-357-1949 or email
FOR IMMEDIATE RELEASE
August 4, 2011
Release #11-299
Firm's Recall Hotline: (800) 440-0680
CPSC Recall Hotline: (800) 638-2772
CPSC Media Contact: (301) 504-7908

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firm 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: Step Stools with Storage
Units: About 206,000
Importer: Target Corporation, of Minneapolis, Minn.
Hazard: The wooden step stools can break apart or collapse under the weight of the user, posing a fall hazard.


Description: The wooden step stool has two steps and comes in various colors, including natural, natural and red, white and honey. The Circo step stool has a lid on the bottom step that lifts to provide storage. The Do Your Room (DYR) step stool has a lid on the top step that lifts to provide storage. The step stools measure approximately 13” H x 13 5/8” W x 14 1/8” D. The Circo brand name or DYR brand name and UPC numbers are printed on a label found underneath the step stool. The following step stools are included in this recall:
Step Stools With Storage
Brand NameStyle DescriptionUPC NumberSelling Period
CircoWhite step stool w/storage490970403046 or
180970208597
June 2009-Feb 2010
Feb. 2010-Oct 2010
CircoNatural step stool w/storage 490970403053 or
180970208610
June 2009-Feb 2010
Feb. 2010-Oct 2010
CircoNatural & red step stool w/storage 490970403060 or
180970208665
June 2009-Feb 2010
Feb. 2010-Oct 2010
Do Your Room (DYR)Natural step stool w/storage097168014338Jan. 2007-Aug. 2009
Do Your Room (DYR)Honey step stool w/storage390970402622Jan. 2007-Aug. 2009
Sold exclusively at: Target stores nationwide and online at Target.com from January 2007 through October 2010 for between $25 and $30.
Manufactured in: China, Vietnam, Taiwan and Thailand
Remedy: Consumers should immediately stop using the step stools and return them to any Target store to receive a full refund.
Consumer Contact: For additional information, contact Target at (800) 440-0680 between 7 a.m. and 6 p.m. CT Monday through Friday, or visit the firm’s website at www.target.com

Picture of recalled wooden step stools



---
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

Wednesday, August 3, 2011

Honeywell Recalls Electric Baseboard and Fan Heater Thermostats Due to Burn Hazard

If you or someone you know has been injured by this product, please contact Attorney Robert L. Vogel immediately at: 865-357-1949 or email

FOR IMMEDIATE RELEASE
July 28, 2011
Release #11-289
Firm's Recall Hotline: (888) 235-7363
CPSC Recall Hotline: (800) 638-2772
CPSC Media Contact: (301) 504-7908

Honeywell Recalls Electric Baseboard and Fan Heater Thermostats Due to Burn Hazard

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firm 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: Electric Baseboard and Fan Heater Thermostats
Units: About 77,000
Importer: Honeywell International Inc., of Morris Township, N.J.
Hazard: The thermostats can overheat, causing them to melt and smoke. This poses a burn hazard to the consumer.
Incidents/Injuries: Honeywell has received 16 reports of thermostats melting. There have been no reports of injuries.
Description: The recalled thermostats are rectangular, white, programmable thermostats used to control electric baseboard and fan heaters. “Honeywell” or “Cadet” is printed on the front of the thermostats that come in various sizes. The model number and four-digit date code are printed on a label inside the front cover of the thermostat. The model numbers listed below are included in this recall. Only models with date codes beginning with 00, 01, 02, 03, 04, 05 or 06 are included.
Brand NameModel Number
HoneywellCT1950A1003
HoneywellCT1950B1002
HoneywellCT1957A1008
CADETT4700B1030
CADETT4700A1040
HoneywellT4700B1014
HoneywellT4700A1016
Sold at: Home improvement stores, HVAC and electrical stores, and contractors from January 2000 to December 2007 for between $80 and $300.
Manufactured in: Singapore
Remedy: Consumers should immediately stop using the recalled thermostats by setting the thermostats to 45 degrees or turning them off. Only models with a “B” in the model number have an off switch. Consumers should contact Honeywell for a free replacement installed by Honeywell.
Consumer Contact: For additional information, contact Honeywell toll-free at (888) 235-7363 between 9 a.m. and 5 p.m. CT. Monday through Friday or visit the firm’s website at http://www.yourhome.honeywell.com/T4700

Picture of recalled Cadet thermostat front     Picture of recalled Honeywell thermostat front


Picture of recalled Honeywell thermostat showing model number and date code locations

---
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

Flea problems - any suggestions on curing our flea problem?

We have four dogs and have gone through two bouts of serious flea infestations this year.  Short of getting rid of the dogs, we don't have a permanent solution.  We bath, shampoo, give pills, put on chemicals, bomb the house, etc, the fleas come back.

I tried to put flea collars on, but the fleas only laughed at them.  I think I saw a couple of fleas unbuckle the collar from one of the dogs and use it as a toy.

Any advice would be helpful.

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. 

Avoid Bad Medical Service

7 Signs of a bad Doctor

Contact me if you've had a bad experience with a doctor;

Check out our video

A quick presentation about our criminal practice

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

Saturday, July 23, 2011

Cautions about Investing in Gold Bullion and Gold Coins

First of all, gold and silver are up significantly over the last five years.  So, my first thought would be to be careful that you are not buying the top of the market.  But, if you think that the U.S. is going to default on its debt obligations, then you might see another pop in gold - unless of course, its already factored into the present price - don't forget the old saying - buy on rumor and sell on fact... also

Be very careful about who you buy from - when you buy coins, you pay retail prices, sometimes with a commission - when you sell, you sell at wholesale prices - this creates a "spread" in the buy and sell prices which works to your disadvantage.  Find out both and figure out how much the price of gold (or silver) has to go up before you break even.  I've seen some ridiculous markups on gold and silver coins and bullion, so be careful.

If you're thinking about investing in bullion or bullion coins, the Federal Trade Commission (FTC), the nation's consumer protection agency, says your best bet is to research your options and get smart. Being uninformed can have serious consequences.
Bullion is a bulk quantity of precious metal, usually gold or silver, assessed by weight, typically cast as ingots or bars, and sold by major banks and dealers. You also can buy bullion as coins.
Bullion coins are minted from precious metal, usually gold or silver, and bought for investment purposes from major banks, coin dealers, brokerage firms, and precious metal dealers. Their value is based on their gold or silver bullion content. Prices fluctuate daily, depending on the price of gold and silver in the world markets. Perhaps the best-known bullion coins are the American Gold Eagle, the Canadian Maple Leaf, the Australian Gold Nugget, and the South African Krugerrand.
The U.S. Mint has produced gold, silver and platinum bullion coins since 1986, and guarantees their precious metal content. The Mint produces two types of bullion coins:
  • Proof bullion coins, which are specially minted for collectors and usually sold in a protective display case directly by the Mint.
  • Uncirculated bullion coins, which are minted for investment purposes and sold to a select number of authorized buyers based on the current market price (the spot price) for the precious metal plus a small premium charged by the Mint.
Foreign governments also mint coins, but they may not be produced to the same standards as U.S. coins and they aren't guaranteed by the U.S. government. The value of foreign bullion coins depends primarily upon the coin's melt value – the basic intrinsic bullion value of a coin if it were melted and sold. A bullion coin's condition – its "grade" – isn't the most relevant factor in determining its price.

Investigate Before You Invest

Investing in bullion or bullion coins is a big decision. If you're thinking about it:
  • Ask for the coin's melt value. The melt value for virtually all bullion coins and collectible coins is widely available.
  • Consult with a reputable financial advisor you trust who has specialized investment knowledge. You may want to talk to other investors, too.
  • Shop around. Most banks offer gold bullion, often at a lower markup than dealers. You also can enter the name of the coin into an online search engine to compare prices from other dealers.
  • Get an independent appraisal of the specific asset you're considering. The seller's appraisal might be inflated.
  • Consider additional costs associated with the investment. You may need to buy insurance or a safe deposit box, or you may need to rent offsite storage to safeguard your bullion. These costs will cut into the investment potential of bullion.
  • Be wary of buying bullion or bars that won't be delivered to you, but rather to a "secured facility," by the seller or a third party. When you buy metals without taking delivery, you face the risk that the metal doesn't exist, isn't of the quality described, or isn't properly insured.
  • Walk away from sales pitches that minimize risk and sales representatives who claim that written risk disclosures are just formalities required by the government, and therefore not necessary. Reputable sales reps are upfront about the risk of particular investments.
  • Refuse to "act now," regardless of the consequences. Any sales pitch that urges you to buy immediately is a signal to walk away and keep your money in your pocket.
  • Check out the company by entering its name in a search engine online. Read whether other people have something to say about their experiences with the company. Try to communicate offline if possible to clarify any details. In addition, contact your state Attorney General (www.naag.org) and local consumer protection agency (www.consumeraction.gov). Checking with these organizations in the communities where promoters are located is a good idea, but realize that it isn't fool-proof: it just may be too soon for someone to realize they've been defrauded or to have lodged a complaint with the authorities.
  • Ask for a guarantee or certificate of authenticity for the bullion's precious metal content. Research the company behind the guarantee or certificate because certificates of 'authenticity' can be faked.

Tip-offs to Rip-offs

Bullion scams often involve false claim about content, rarity or value:
False Claims – Unscrupulous sellers often overprice their coins, lie about the bullion content, or try to pass off ordinary bullion coins as rare collectible coins. Some fraudulent dealers may even try to sell coins that aren't bullion coins at all. Others may try to sell bullion pieces with the same design as coins from the U.S. Mint, but in different sizes. Indeed, private mints issue coins that look like bullion coins minted by foreign governments, but may have little or no gold content. Your best defense is to study the market and choose your dealer carefully.
Leveraged Investment Scams – Leveraged investments are high-risk investments that can result in the loss of even more money than you originally invested. Typically, in a leveraged investment scam, a telemarketer or website will state that the price of metal is about to skyrocket and that you can make significant profits by making a small down payment for the metal, often as low as 20 percent. According to the marketer, by paying only 20 percent of the purchase price, you can get more metal than if you had to pay 100 percent of the purchase price.
In reality, you have borrowed money – as much as 80 percent of the purchase price of the metal – from a financial institution that claims it will hold the metal for you, and charge you monthly storage fees and interest charges. Rather than sending you a bill for those fees, the institution will reduce your equity in the investment. Once your equity falls below a certain level (for example, 15 percent of the purchase price), the financial institution will issue an "equity call," requiring you to pay additional money to bring your equity above the equity call level. If you can't pay or refuse to pay additional money, the lender will sell the metal to pay off your loan and send you a bill if the sale of the metal does not cover the amount you owe.
These investments are high-risk because you will receive an equity call if the price of the metal goes down, stays flat, or simply doesn't go up enough to offset the mounting storage and interest charges.

Glossary of Gold

Ask Price – The selling price a dealer offers.
Bid Price – The price a dealer pays for bullion or coins.
Bullion – Precious metals like platinum, gold or silver in the form of bars or other storage shapes. Bullion coins are made of these metals, too.
Collector Coin, Historic Coin, or Numismatic Coin – A coin whose value is based on rarity, demand, condition, and mintage; in fact, it may be worth more than its bullion value.
Melt Value – The basic intrinsic bullion value of a coin if it were melted and sold.
Premium – The amount by which the market value of a gold coin or bar exceeds the actual value of its gold content. The seller can recover part of the premium at resale.
Spot Price – The current price in the physical market for immediate delivery of gold; sometimes called the cash price.
Spread – The difference between the buying price and the selling price.
Troy Ounce – The unit of weight for precious metals. One troy ounce equals 480 grains, 1.09711 ounces, or 31.103 grams.

For More Information

Read these publications from the FTC at ftc.gov for more information and guidance about investing in particular gold products:
Check these websites for additional information:

Dot Cons - How to avoid getting ripped off on the internet

 

Dot com. Dot gov. Dot net. Dot org. Dot edu. Dot mil. Dot tv. The Internet has spawned a whole new lexicon and brought the world to your living room, 24/7/365. And while the opportunities online for consumers are almost endless, there are some challenges, too. As in dot con.


Dot con? Dot con.

Con artists have gone high-tech, using the Internet to defraud consumers in a variety of clever ways. Whether they're using the excitement of an Internet auction to entice consumers into parting with their money, applying new technology to peddle traditional business opportunity scams, using email to reach vast numbers of people with false promises about earnings through day trading, or hijacking consumers' modems and cramming hefty long-distance charges onto their phone bills, scam artists are just a click away.

Fortunately, law enforcement is on the cyber-case. Using complaints to Consumer Sentinel, a consumer fraud database, as their guide, law enforcement officials have identified the top 10 dot cons facing consumers who surf the Internet, as well as many of the fraudsters behind them. In addition to putting many online con artists out of business, the Federal Trade Commission, the nation's chief consumer protection agency, wants consumers to know how not to get caught in their web.

According to the FTC, here's what online consumers are complaining about most:

Internet Auctions

The Bait: Shop in a "virtual marketplace" that offers a huge selection of products at great deals.
The Catch: After sending their money, consumers say they've received an item that is less valuable than promised, or, worse yet, nothing at all.
The Safety Net: When bidding through an Internet auction, particularly for a valuable item, check out the seller and insist on paying with a credit card or using an escrow service.

Internet Access Services

The Bait: Free money, simply for cashing a check.
The Catch: Consumers say they've been "trapped" into long-term contracts for Internet access or another web service, with big penalties for cancellation or early termination.
The Safety Net: If a check arrives at your home or business, read both sides carefully and look inside the envelope to find the conditions you're agreeing to if you cash the check. Read your phone bill carefully for unexpected or unauthorized charges.

Credit Card Fraud

The Bait: Surf the Internet and view adult images online for free, just for sharing your credit card number to prove you're over 18.
The Catch: Consumers say that fraudulent promoters have used their credit card numbers to run up charges on their cards.
The Safety Net: Share credit card information only when buying from a company you trust. Dispute unauthorized charges on your credit card bill by complaining to the bank that issued the card. Federal law limits your liability to $50 in charges if your card is misused.

International Modem Dialing

The Bait: Get free access to adult material and pornography by downloading a "viewer" or "dialer" computer program.
The Catch: Consumers complained about exorbitant long-distance charges on their phone bill. Through the program, their modem is disconnected, then reconnected to the Internet through an international long-distance number.
The Safety Net: Don't download any program to access a so-called "free" service without reading all the disclosures carefully for cost information. Just as important, read your phone bill carefully and challenge any charges you didn't authorize or don't understand.

Web Cramming

The Bait: Get a free custom-designed website for a 30-day trial period, with no obligation to continue.
The Catch: Consumers say they've been charged on their telephone bills or received a separate invoice, even if they never accepted the offer or agreed to continue the service after the trial period.
The Safety Net: Review your telephone bills and challenge any charges you don't recognize.

Multilevel Marketing Plans/ Pyramids

The Bait: Make money through the products and services you sell as well as those sold by the people you recruit into the program.
The Catch: Consumers say that they've bought into plans and programs, but their customers are other distributors, not the general public. Some multi-level marketing programs are actually illegal pyramid schemes. When products or services are sold only to distributors like yourself, there's no way to make money.
The Safety Net: Avoid plans that require you to recruit distributors, buy expensive inventory or commit to a minimum sales volume.

Travel and Vacation

The Bait: Get a luxurious trip with lots of "extras" at a bargain-basement price.
The Catch: Consumers say some companies deliver lower-quality accommodations and services than they've advertised or no trip at all. Others have been hit with hidden charges or additional requirements after they've paid.
The Safety Net: Get references on any travel company you're planning to do business with. Then, get details of the trip in writing, including the cancellation policy, before signing on.

Business Opportunities

The Bait: Be your own boss and earn big bucks.
The Catch: Taken in by promises about potential earnings, many consumers have invested in a "biz op" that turned out to be a "biz flop." There was no evidence to back up the earnings claims.
The Safety Net: Talk to other people who started businesses through the same company, get all the promises in writing, and study the proposed contract carefully before signing. Get an attorney or an accountant to take a look at it, too.

Investments

The Bait: Make an initial investment in a day trading system or service and you'll quickly realize huge returns.
The Catch: Big profits always mean big risk. Consumers have lost money to programs that claim to be able to predict the market with 100 percent accuracy.
The Safety Net: Check out the promoter with state and federal securities and commodities regulators, and talk to other people who invested through the program to find out what level of risk you're assuming.

Health Care Products/Services

The Bait: Items not sold through traditional suppliers are "proven" to cure serious and even fatal health problems.
The Catch: Claims for "miracle" products and treatments convince consumers that their health problems can be cured. But people with serious illnesses who put their hopes in these offers might delay getting the health care they need.
The Safety Net: Consult a health care professional before buying any "cure-all" that claims to treat a wide range of ailments or offers quick cures and easy solutions to serious illnesses.
Can you avoid getting caught by a scam artist working the web? Not always. But prudence pays. The FTC offers these tips to help you avoid getting caught by an offer that just may not click:
  • Be wary of extravagant claims about performance or earnings potential. Get all promises in writing and review them carefully before making a payment or signing a contract.
  • Read the fine print and all relevant links. Fraudulent promoters sometimes bury the disclosures they're not anxious to share by putting them in teeny-tiny type or in a place where you're unlikely see them.
  • Look for a privacy policy. If you don't see one - or if you can't understand it - consider taking your business elsewhere.
  • Be skeptical of any company that doesn't clearly state its name, street address and telephone number. Check it out with the local Better Business Bureau, consumer protection office or state Attorney General.

Thursday, July 21, 2011

Medical Malpractice - Pain Clinics

Unscrupulous doctors and fake pain management clinics that prescribe or provide certain controlled prescription medications that are known to be subject to abuse or misuse, for medically unnecessary purposes or in quantities that are greater than required, are feeding the illicit prescription drugs black market and are adding to people’s addictions to pain and other medications. Prescribing certain medications under certain circumstances, and not properly following patients on certain medications, may be medical malpractice negligence and may result in injuries or death. If you suspect that a prescribing medical care provider has been negligent, contact us for a free, prompt, case evaluation. We may be able to assist you with a possible medical malpractice claim. 

In my practice, I see more and more people hauled into court to face charges of drug abuse.  Many are just average citizens who have become addicted to pain killers at the hands of an unscrupulous or negligent doctor or pain clinic employee.  I have had client's die because they could not get rid of their addiction.  

Don't hesitate, if you have a problem - call a rehab now!  Let me know, I can help.  And, I can also help you go after the abusive medical practitioners who caused the problem.

Robert L. Vogel

Trial Lawyer

We provide free case evaluation with no obligation!
865-357-1949 or email rlvogel@robertvogellaw.com