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Personal Injury Law

P.I.S.S.D. -- Personal Injury, Social Security Disability

The title of this blog reflects Bob Kraft's attitude toward those government agencies and insurance companies that routinely mistreat injured or disabled people.
By Robert Kraft

Post Frequency: 5.9/day

Last Entry: May 06, 2009 at 17:44:22

Peanut Corporation of America's Virginia Plant Closes

Posted on February 19, 2009
The AP (2/18, Lindsey) reports, "The peanut processor at the heart of the national salmonella outbreak has shut down the last of its plants, which was the only one that hasn't been linked to possible contamination, an attorney for the company said on Tuesday...

Homeowners Pay Higher Insurance Premiums, Yet Many Policies Limited

Posted on February 18, 2009
The Dallas Morning News has run an excellent series about Texas, a State of Neglect. This series has chronicled the state's failure to regulate various businesses, and the potential relationship between Lack of regulation and big political contributions from those businesses...

Sharfstein and Hamburg Reportedly Top Options to Lead FDA

Posted on February 18, 2009
Al Kamen in his "In the Loop" column in the Washington Post (2/18, A11) reports that while the Obama administration has been "a tad slow on nominations this month," it "is moving with some dispatch to" nominate a new FDA Commissioner and it "has winnowed a fairly large field down to two finalists...

Report Says FDA Is Not Enforcing Medical Device Safety Standards

Posted on February 18, 2009
Dow Jones Newswires (2/18, Favole) reports, "The Food and Drug Administration isn't enforcing quality and safety testing standards for medical devices, potentially putting patients at risk, according to a report to be released Wednesday by a nonpartisan watchdog group...

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Peanut Corporation of America Files for Bankruptcy

Posted on February 17, 2009
The Washington Post (2/14, A4, Miroff, Layton) reported, "Peanut Corporation of America, the company at the center of the nationwide salmonella scare, has filed for Chapter 7 bankruptcy protection and will begin liquidating its assets as legal claims pile up against it...

The Economists Who Missed the Housing Bubble Are Coming After Your Social Security

Posted on February 17, 2009
In a recent article by Dean Baker in Talking Points Memo, he considers the consequences of a rumored task force to be comprised of economists unable to see the $ 8 trillion housing bubble that gave rise to the biggest economic downturn since the Great Depression...

Please Attend TECHSHOW - April in Chicago

Posted on February 17, 2009
I've been attending TECHSHOW, presented by the American Bar Association almost since the beginning, many years ago. It's always a highlight of my year. The enormous amount of technical information presented is only one reason to attend. Equally important to me is the opportunity to meet in person with many of the friends I correspond with online...

Wisconsin Supreme Court Tosses Suit Against Medtronic

Posted on February 17, 2009
In another anti-consumer action, the drug and medical device makers have won the latest battle in the preemption war. The Wisconsin Supreme Court has thrown out a lawsuit against Medtronic, a manufacturer of defibrillators. The Wisconsin court followed a ruling by the U...

Kids' Sweatshirts Recalled After Child is Strangled by Drawstring

Posted on February 14, 2009
The AP (2/13) reports that Hill Sportswear Inc, "a clothing manufacturer has agreed to a voluntary recall of 300,000 hooded sweat shirts after a 3-year-old boy was strangled by a drawstring, a federal agency announced Thursday." Now, the company is recalling "its 'kid pullover hood sweat shirt' and 'kid zipper sweat shirt with hood,' the U...

FDA Says Peanut Butter May Be Classified as High-Risk Food

Posted on February 13, 2009
The AP (2/12) reported that Dr. Stephen Sundlof, the head of the FDA's food safety center, said that following the "deadly salmonella outbreak," the government may single out peanut butter for "special attention." While currently inspectors collect samples of peanut butter for bacterial testing only if officials suspect a problem, they would start doing so "whenever they go into a facility...

Federal Judge Who Threw Out Medtronic Case Failed to Disclose Son's Link to Device Maker

Posted on February 13, 2009
The Wall Street Journal (2/13, Burton) reports, "A federal judge who early last month threw out massive litigation against Medtronic Inc. didn't disclose that his son's law firm has long had the medical-devicemaker as a client." Judge Richard H. Kyle of the federal district court in Minneapolis stated that "he didn't realize the firm, Frederickson & Byron, had represented" Medtronic "on multibillion-dollar deals...

Friday Fun

Posted on February 13, 2009
Ladies, don't get mad at me about this video of women drivers ?my wife sent it to me.

Attorney Dickie Scruggs Exploited "Two Vulnerabilities" to Bribe Judge

Posted on February 12, 2009
The Biloxi Sun Herald (2/11, Lee) reports, "To bribe Circuit Court Judge Bobby DeLaughter, Dickie Scruggs exploited two vulnerabilities, according to court records: DeLaughter's close friendship to former Hinds County District Attorney Ed Peters and 'his known ambition to become a federal judge...

Doctors Groups Sue Aetna and Cigna, Alleging Rigged Database Underpaid Physicians

Posted on February 12, 2009
The Dallas Morning News reports that the American Medical Association has joined doctors associations from Texas and other states in suing health insurers Aetna Inc. and Cigna Corp. over a database they say was rigged to underpay physicians for more than a decade...

Some Large Pickup Trucks Earn Low Marks on Crash Safety

Posted on February 11, 2009
The AP (2/11, Thomas) reports, "Three large pickup trucks, which serve as workhorses for construction crews, farmers and small business owners, are not providing good protection in side crashes, according to tests conducted by the insurance industry." The trucks that received "low marks" from the Insurance Institute for Highway Safety were: "the 2009 versions of the Chevrolet Silverado 1500, Dodge Ram 1500 and Nissan Titan...

Judge Decertifies Class in Case of Pfizer's Neurontin Off-Label Drug Use

Posted on February 11, 2009
The Legal Intelligencer (2/11, Elliot-Engel) reports, "A month before a pharmaceutical class action was set for trial, a Philadelphia judge decertified the class of users of an epilepsy and neuralgia drug seeking reimbursement from the drug's maker after being prescribed the drug for uses not approved by federal regulators" granting "a pharmaceutical company defendant's motion for class decertification in Clark v...

Peanut Corporation Suspends Operations at Texas Factory After Traces of Salmonella Found

Posted on February 11, 2009
The AP (2/11) reports that Peanut Corporation of America, "the company at the center of an investigation into a deadly national salmonella outbreak has suspended operations at a second peanut processing plant." Another AP (2/11, Brumback) article reports, "Private lab tests show there may have been salmonella at a second plant operated by the peanut company...

Toy Stores Scramble to Comply With Lead Law

Posted on February 10, 2009
The AP (2/10, Anderson) reports, "Toy stores across the country scrambled Monday to abide by tough new lead and chemical standards for toys that go into effect on Tuesday" and "many toy sellers pulled questionable items off their shelves after a judge last week nixed a delay that would have given them a 12-month reprieve...

Justice Ginsberg Plans to Return Amid Illness

Posted on February 10, 2009
The Legal Times (2/9, Mauro) reported, "The stunning news on Feb. 5 of Justice Ruth Bader Ginsburg's tough new battle with cancer instantly changed the dynamics of the Supreme Court, posing painful challenges not only for the feisty justice but for the other justices and the Obama administration" and "the immediate round of media speculation about her possible retirement-and who might replace her-may even bolster her determination to remain on the Court, says one Court watcher...

FDA Needs "Shot in the Arm" From Obama

Posted on February 10, 2009
A St. Petersburg Times (2/10) editorial argues that the FDA deserves a "White House rebuke" for its failures in the salmonella outbreak. The agency "responsible for protecting the nation's food supply looks as if it learned nothing from grappling with similar outbreaks of tainted spinach and peppers...

FDA Orders Certain Antidepressants to Carry Warning for Life-Threatening Side Effect

Posted on February 07, 2009
The Los Angeles Times (2/6) reports, "The FDA has ordered a wide range of antidepressants to carry new warnings of an unusual but potentially deadly side effect seen most often in the first few weeks of treatment or when a patient increases dosages" and "the labels of two classes of new-generation medications for depression -- selective serotonin reuptake inhibitors (SSRIs) and serotonin-norepinephrine reuptake inhibitors (SNRIs) must now notify patients that malignant neuroleptic syndrome has been linked to the use of these drugs...

Friday Fun

Posted on February 06, 2009
The Oops List - photos and videos of "oops" moments.

Insurance Institute for Highway Safety to Require Dramatic Increase in Vehicle Roof Strength

Posted on February 06, 2009
The Detroit News (2/5, Shepardson) reports, "The Insurance Institute for Highway Safety said Wednesday it will require automakers to dramatically increase the strength of vehicle roofs to receive its top safety pick ratings." Adrian Lund, president of IIHS said, "We see significant safety benefits in stronger vehicle roofs" adding that "NTSA has 'clearly undercounted' the number of injuries and deaths that can be prevented by stronger roofs...

Loopholes May Have Allowed Salmonella-Contaminated Food to Circulate

Posted on February 06, 2009
The AP (2/6, Alonso-Zaldivar, Blackledge) reports, "Lawmakers reacted angrily Thursday when told that food makers and state safety inspectors are allowed to keep tests results secret," which "keeps federal health officials in the dark even when products have been contaminated by salmonella or other dangerous bacteria...

Texas AG Sues Company for Marketing Candy as Alzheimer Cure

Posted on February 06, 2009
According to the Austin Business Journal, the Texas Attorney General has filed suit against Nature?s Candy Inc. of Fredericksburgs for deceptive trade practices and violations of the Texas Food, Drug and Cosmetic Act in marketing their candy as being helpful to Alzheimer patients...

Governor Declares Overhaul of State Schools for Disabled a Priority

Posted on February 05, 2009
I've written several times about the deplorable conditions in the Texas state schools for the disabled. Now the Dallas Morning News reports that Governor Rick Perry will declare protection of residents in state schools for the disabled a legislative emergency, a move that follows reports of widespread abuse and neglect and a broad federal investigation into conditions at the facilities...

Democrats & Republicans Blame Each Other Over Confusion With Lead Law

Posted on February 05, 2009
The AP (2/5, Kerr) reports, "Strict new safety rules for toys and other children's products take effect next week, a move that has been applauded by parents and consumer advocates but jeered by industry groups as overly broad and a jobs-killer." Now, "Sen...

Peanut Corporation Says It Was Inspected Regularly

Posted on February 05, 2009
The New York Times (2/5, B10, Martin) reports, "A company at the center of a huge and deadly salmonella outbreak said Wednesday that its peanut plant was regularly visited last year by private inspectors, several of whom declared it to be in tip-top shape" and "in a statement released Wednesday, the company, Peanut Corporation of America, reported 'regular visits and inspections' of its Blakely, Ga...

Judges Can Adjust Jury Awards in Employment Cases to Account for Tax Burden?

Posted on February 04, 2009
The Legal Intelligencer (2/4, Duffy) reports, "Deepening a split in the federal circuits, the 3rd U.S. Circuit Court of Appeals has ruled that winning plaintiffs in employment discrimination cases may be entitled to an additional award to compensate for the tax consequences of receiving a backpay award in one lump sum...

Stimulus Provision Seen as Gift for Trial Lawyers

Posted on February 04, 2009
The National Law Journal (2/3, Coyle) reported, "Both the House-passed economic stimulus bill and the proposed Senate version would give state attorneys general new enforcement authority to file civil actions for damages or injunctions in federal courts for violations of the federal Health Insurance Portability and Accountability Act (HIPAA)" and "the U...

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