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Those working in the California insurance industry probably remember a shameful case several years ago involving so-called “living-trust mills”. That was an elaborate scheme that bilked hundreds of millions of dollars from seniors by having “experts” visit their homes, presenting themselves as professionals, to prepare trusts and other estate planning documents. Then these “experts”, having gained the seniors’ trust and personal financial information, would use that information against the seniors to convince them that their current financial holdings were unwise. They would persuade their victims to close out their holdings and to buy inappropriate annuities from these “expert” agents; a money making scheme without consequence to the interests of the duped seniors who lost their entire savings.

This problem is ongoing for seniors as scam artists have continued to operate under the guise of estate planning, and as attorneys, and they are willing to do anything to make a buck. The California Attorney General’s website says some get jobs at assisted living facilities or nursing homes, and even churches, to try to hook unwitting seniors with free seminars and presentations.

This problem is not exclusive to California. In 2009, the Ohio Supreme Court fined two California companies, American Family Prepaid Legal Corp. and Heritage Marketing and Insurance Services, Inc., $6.39 million for 3,800 counts of the unauthorized practice of law for selling revocable living trusts and annuities to elderly Ohio residents. The companies were also permanently barred from providing such services in Ohio.

Our Sacramento injury lawyer knows that a strong infrastructure is an important part of a strong, successful community. Maintaining roads and providing public transit options allows a region to thrive and helps attract both businesses and residents. Of course, since we regularly work with victims of auto accidents, we also know that any infrastructure investment must include a strong emphasis on safety as well as convenience.

highway.pngSacramento Infrastructure Projects

A report in the Sacramento Bee focuses on efforts to invest in Sacramento area infrastructure as a way to improve the regional economy. Sacramento Mayor Kevin Johnson cited a number of projects that he considers key economic priorities such as a downtown transit hub, light rail access to the airport, and the construction of new bridges spanning the Sacramento River. He referenced a recent report from the U.S. Conference of Mayors calling for investment in infrastructure and transportation projects. Mayor Christopher Cabaldon of West Sacramento also spoke, promoting a project to improve the Port of West Sacramento and thus increase the international exporting of agricultural items. For her part, Fresno Mayor Ashley Swearengin focused on downtown revitalization and making the city a key hub for California’s high-speed rail system.

As an Oakland car accident injury law firm, we understand that a number of factors can increase the danger of a collision. Many people still fail to recognize the serious danger posed by drivers under the influence of prescription medications. Even if the medication is legally obtained, it can diminish driving ability and pose a danger to the patient and to everyone else on the road.

Medication Take Back Events

pillbottle.pngRecognizing the danger of drug misuse, many municipalities across the country are partnering with the U.S. Drug Enforcement Administration in a national Take Back Initiative. On Saturday, as detailed in The Oakland Tribune, police departments in Pleasanton, San Ramon and Livermore will host free prescription drug drop-offs. Residents can dispose of unused and/or expired prescription medications at the set locations. People can either drop of medicine in the original container (after removing identifying personal information from the label) or simply deposit loose pills directly into the collection containers. The events accept solid or liquid medications but not injectable or intravenous solutions due to the danger of blood-borne disease.

gavel.pngA California class action against a nursing home chain, covered by reporters at the San Francisco Chronicle, caught the eye of our firm, especially since it involves the intersection of two of our practice areas — class actions and nursing home abuse litigation. The target of the suit is Covenant Care, an Orange County company that operates forty-five skilled care nursing facilities across seven states. Covenant operates in the West and Mid-West regions and owns sixteen nursing homes in Alameda County. California Watch expressed concern about the company back in 2010, when an investigative report found thirteen homes in the state had reduced staffing levels despite receiving $15 million of added state funding in prior years.

A class of patients brought the action alleging that the sixteen facilities failed to meet staffing standards for at least thirty-five percent of the time during a four-year span that began in December 2006. According to the law, each violation of a patient’s rights can carry up to $500 in damages. However, plaintiffs assert their primary goal is simply to require the company to comply with the staffing rules.

Responding to the resident class action, Covenant Care argued that the law only allowed state regulators to enforce the staffing requirements. A Superior Court sided with the company and dismissed the patients’ suit. In a ruling handed down in August, the First District Court of Appeals in San Francisco reversed the lower court and held that patients have the right to sue long-term care facilities if they fail to meet California’s nurse-staffing standards. The justices found the law allows residents to bring actions themselves to address violations of their own rights, reading the legislature intended patients to be able to protect their own interests. Covenant Care did not respond to reporters’ requests for comment on the decision.

ped sign.pngOur Oakland pedestrian accident law firm believes in keeping the road safe for all travelers. Walking is a wonderful form of both exercise and transportation. It benefits both the individual and the community, protecting the health of the walker and the environment as well as saving money for the pedestrian as well as the tax-paying public. However, walking more often makes headlines for tragedies rather than the many positives associated with travelling by foot.

According to the Oakland Tribune, an eighty-one year old woman lost her life while walking near the Regional Medical Center of San Jose on Wednesday. The San Jose resident was crossing North Jackson Avenue in the early morning hours when struck by a vehicle travelling south near Alexian Avenue. Reports did not immediately identify the driver of the 1993 Toyota Tercel, a fifty year old man who also calls San Jose home. Police do not believe alcohol or drugs were a factor in the accident. Investigators from the San Jose Police Department’s Traffic Investigations Unit are asking for calls from witnesses and also invite anonymous calls to the Silicon Valley Crime Stoppers Unit.

Right-of-way rules, including those governing intersections, seek to promote traffic safety. This is especially important for the well-being of pedestrian, bicycle riders, and motorcyclists. Per the California Department of Motor Vehicles, failure to obey right-of-way rules causes a high percentage of injury crashes in California. Drivers must respect pedestrian rights, including stopping for a pedestrian in any crosswalk. Motorists must also stop for pedestrians crossing at a corner where there is no traffic signal, even if there is not a marked crosswalk. Additionally, the law requires drivers to yield to pedestrians when the driver crosses a sidewalk to enter a parking lot, alley, or driveway. Older or disabled pedestrians, as well as those travelling with young children, often need extra time to navigate a crossing. One new issue of modern transport – hybrid and electric vehicles are often silent, or at least quieter than gas engines, and drivers of these vehicles should take extra caution.

Another unlicensed insurance agent has been caught trying to dupe consumers in California, as our San Francisco insurance attorneys recently noticed in the news . We know that consumers must be careful, as a lot of insurance scams do exist. Californians need to be vigilant, checking into anything that seems suspicious, and watching out for news of any new problems, like we do.

Last week,Howard Thomas Jackson, 59 and an unlicensed insurance agent in Oceanside, was arrested on suspicion of defrauding clients of more than $300,000. He was arrested on charges of six felony counts of grand theft, embezzlement, and theft of fiduciary funds, as well as suspicion of possessing more than 28.5 grams of marijuana for sale, according to reports from the California Department of Insurance and the San Diego County Sherriff’s Department. Mr. Jackson was booked into Vista jail last Wednesday and, according to the jail, is being held without bail. His next court appearance is scheduled for September 17. The Investigation Division, Criminal Operations – Point of Sale [C.O.P.S.] Unit investigated this case, and now the San Diego County District Attorney’s Office will prosecute under the Life and Annuity Consumer Protection Program.

A Department spokesperson, Dave Althausen, said that the investigation was prompted by a complaint filed in August 2011 by a victim Mr. Jackson scammed out of $80,000. Thereafter, the Department determined that Mr. Jackson had allegedly diverted two of his customers’ funds for his own use without their knowledge or consent. He also allegedly persuaded clients to refinance their homes and placing the proceeds into life insurance policies and an investment company associated with himself. Two San Diego area residents gave Mr. Jackson money for refinancing mortgages to pay premiums on policies and investments they believed they were buying. Instead, Mr. Jackson only paid one year’s worth of premiums on the policies and took the rest of the money for his personal and business expenses. Others of Mr. Jackson’s victim clients made monthly payments believing the proceeds were going towards investments, when again Mr. Jackson was simply taking that money for himself.

scienceclass.jpgFew things are as important to our nation’s future as the education of our children. In recent years, many groups have called for an increased focus on “STEM” education, an acronym for “Science, Technology, Engineering, and Mathematics.” Our Sacramento school injury attorney agrees with the need for strong science education and understands the role laboratory experiments play in many science fields. However, school must work to ensure that students are safe, whether behind a desk or conducting a science experiment.

On Monday, as reported by the Sacramento Bee, two eighth graders at an Elk Grove middle school incurred minor burns during a chemistry experiment. The class was conducted at a park neighboring the Joseph Kerr Middle School and the experiment involved chlorine tablets and rubbing alcohol. Although the teacher conducted the actual experiment, somehow the two students were exposed to the chemicals after the reaction occurred. Fire officials responded to the accident. Family members took one student home and the second went to the hospital at his parent’s request. According to Elizabeth Graswich, an Elk Grove Unified School District spokesperson, district officials are looking into whether the experiment followed all proper safety procedures.

The National Science Teachers Association has an official position statement on “Liability of Science Educators for Laboratory Safety.” The group recognizes the usefulness of lab investigations but also notes the inherent potential for injury in lab work and the need for teachers, school districts, and board members to devote attention to safety in science education. As noted in the statement, teachers have a duty of care to ensure that students, teachers, and staff are safe. This is a legal obligation requiring that teachers conform to a standard of conduct that protects against unreasonable risk. Generally, this is a “reasonably prudent person” standard and the teacher must act as a reasonably in creating and maintaining a safe learning environment. Failure to meet this standard, known in the legal field as a breach of the duty, may lead to liability for both the teacher and school. Other officials, including leaders at the school and district level, also must meet legal standards of conduct. In Florida, this includes a duty to supervise pursuant to a reasonable person standard.

toxic%20ball.jpg Big brands may have name recognition on their side when it comes to marketing, but the drive for more customers never stops. In February 2012, Tide debuted its single use detergent pods with a colorful commercial aired during the Academy Awards. Tide touted the convenience and cleanliness of the pods, which come in brightly colored pouches of Tide’s well known orange and blue that reiterate the promise of colorfast clothes. Other companies followed suit, anticipating the high demand for the little packs.

The bright packaging that attracts consumers also attracts another segment of the population: toddlers. According to NY Daily News, through May, 2012 poison control centers received 200 reports of children poisoned from ingesting the colorful little pods, which can appear to children like candy or a teething toy. In June, that number rapidly grew to 1,210. The pods are potentially more dangerous than other types of detergent because they are highly concentrated. In response to concerns, Tide added a double latch to the container to make it more childproof.

Consumer Reports noted that calls to poison control have continued and recently five trips to the emergency room of European toddlers, where the pods have been available for much longer, renewed calls for safer packaging. In 18 months, five children were admitted to the same hospital in Glasgow, Scotland with blocked airways and intestinal swelling and ulceration. One of the children had to undergo intestinal surgery.

On September 9, 2012, Sen. Charles Schumer urged other companies to adopt childproof containers and called for further investigation into the dangers of the laundry pods. Meanwhile the Consumer Product Safety Commission is investigating the poisoning risk of the laundry packs, but has not reached a conclusion at this time.

Dishwashing detergent has also taken on the form of pods and pose a concern as well, especially because it may be convenient to store dishwasher detergent under the sink. Consumers with children or pets should always store any type of chemicals well out of reach.

According to the Center for Disease Control (CDC), accidental poisoning is one of the top ten causes of fatal injuries in children less than one and between the ages of five and nine, as well as a top ten cause for non fatal injuries treated in emergency rooms in children between the ages of one and four. The CDC suggests that parents save the number for the nationwide poison control center in their phones, in case their child is one of the 300 children in the United States that visit the emergency room each day for poisoning. The number is (800) 222-1222.
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The recent spate of advertisements focusing on life-enhancement through medical science. While making these advancements, the companies are also working to market their new product to consumers, a process that sometimes has two steps: 1) Convincing the customer that they are facing a meaningful health issue, and 2) Convincing the customer that the product is an effective treatment for said condition. Uncertainty about both the condition and the treatment can lead to poor results when the product is ultimately used. Our San Francisco products liability team works to help the victims of dangerous drugs recover when companies market and sell unsafe medications.

pillbottle.pngAbbott Laboratories manufacturers Androgel, a testosterone gel used by millions of men worried about low testosterone (“Low T”) levels as they age. Testosterone levels decline starting around age forty and drugmakers, along with some physicians, have touted the benefits of gel for reversing some signs of aging. However, as discussed in an Associated Press article carried by the San Francisco Chronicle, there is a disturbing lack of evidence supporting the treatment. The Low T debate is only one example of the increase in attention to problems once considered a normal part of the aging process. With the aging baby boomer population and longer life expectancy, drug companies and others have targeted age-related changes with promises of longer youth. Print and television advertisements targeted testosterone treatments rose more than 170 percent in the past three years with over $14 million spent in 2011, leading to a 90 percent rise in the number of prescriptions in the last five years.

As a whole, testosterone therapy is not entirely new. Injections have long been used to treat certain medical conditions that lead to a drop in the hormone. However, the latest push markets the hormone to a wider range of otherwise healthy men. Some researchers worry that the treatments are being marketed without sufficient scientific support, including disagreement about what constitutes a normal hormone level in older men. Further, there is little understanding as to whether replacement therapy actually helps symptoms that advertisers associate with Low T. In one study on 230 men in 2008, treatment did not statistically improve muscle strength, bone density, or overall quality of life. Another study is currently underway through the National Institute on Aging, but results aren’t expected until 2014.

Our San Francisco insurance attorneys always follow legal developments within the insurance industry. A new bill was passed this week in California, Assembly Bill 2138, which will increase funding to prosecute health and disability insurance fraud. In some cases, this law would double the the current annual assessment of ten cents per insured paid by health and disability insurers to up to 20 cents per insured.

Health and disability insurance fraud costs everyone much money and is a drain on the California economy. The National Health Care Anti-Fraud Association (NHCAA) estimates that the financial losses due to health insurance fraud are in the tens of billions of dollars each year – nationwide. In California, the Department of Insurance received more than 6,000 health and disability related suspected fraudulent claims complaints between 2007 and 2010. The Department estimates that these types of fraud cases cost California $223 million per year. Insurance Commissioner Dave Jones said about the bill this week, “I am pleased that the State Legislature passed this bill giving local communities the necessary resources to fight the growing problem of insurance fraud. This type of fraud hurts everyone from policyholders to providers, and, unfortunately, it is becoming more sophisticated.

I applaud Assembly Member Blumenfield for authoring this important anti-fraud legislation.” This legislation has been in the works for a long time. The Department’s Advisory Task Force on Insurance Fraud, which is composed of law enforcement officials, insurance industry representatives, and consumer advocates, found, in a study conducted several years ago, that there were insufficient funds for health and disability anti-fraud measures. Now that it has passed in the Assembly, Bill 2138 is waiting for approval in the State Senate before going to the governor for a final signature.

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