San Francisco Injury Lawyer Blog

Blue Shield Settles Rescission Lawsuit

January 1, 2012 | Gregory J. Brod

As San Francisco insurance attorneys we were glad to see the latest news that Blue Shield of California and Blue Shield of California Life and Health Insurance Company, a major insurer, finally settled a multi-year lawsuit. It is encouraging to see even a small correction of a gross injustice done to the hardworking insurance consumers of California.

After three years of investigation, the lawsuit was filed in 2008 by then City Attorney Rocky Delgadillo on behalf of the city of Los Angeles, alleging that the insurance provider wrongly dropped policy holders after they became ill, duping consumers into buying insurance that would be rescinded, and other shady business practices. The city of Los Angeles was seeking $1 billion in damages and restitution. Blue Shield was accused of rescinding hundreds of policies of patients after they were hospitalized or required major medical procedures. The consumers had previously applied and were approved for insurance, only to be told once they needed health care benefits that they had made a mistake on their misleading or confusing application form, discovered from a retroactive investigation by the insurance company. Often these consumers had been paying for health insurance for years, only to find out at the critical moment that they paid for nothing. Thousands of cases were investigated. Since 2002, Blue Shield denied benefits to 850 people and delayed benefits to countless more.

A federal ban on these types of rescissions for unintentional mistakes on insurance applications went into effect in September 2010 because of the new healthcare legislation. Now Blue Shield has settled for $2 million, to be split between the city and Los Angeles County, and the company will also pay the legal costs of the lawsuit, but without admitting any fault in the matter.

Looking Back and Looking Ahead: Gratitude for Our 2011 Clients, Service for More in 2012

December 30, 2011 | Gregory J. Brod

As another year comes to a close, The Brod Law Firm wants to thank all the clients who entrusted us to help them in their legal matters throughout 2011. We are proud of our work as your San Francisco personal injury law firm. We appreciate every client who trusts our team to provide legal support after a San Francisco car accident or other life-altering event in Northern California. We enjoy our work as victim’s advocates, but we can only help when victims reach out.

This blog often focuses on news stories and examines both legal and safety issues raised by current stories in San Francisco, Oakland, Sacramento, and the surrounding regions. As the calendar flips, we’d like to take a moment to discuss, on a more general and fundamental level, what we do as personal injury attorneys in Northern California. When a potential client reached out to our firm, we will schedule an initial consultation. This meeting is free of charge and allows our attorney to speak with you about your specific and unique case. In this discussion, we will discuss the appropriate approach to your specific circumstances. This is the start of a team effort, one in which the client is always actively involved as our team brings our legal experience to your case.

Many times, personal injury claims can be resolved without trial. Personal injury lawyers are skilled negotiators. The negotiation process is informed by our legal experience which allows us to evaluate the economic value of your claim. Accepting a settlement offer without your own legal advocate is risky because the initial offer rarely represents the true value of your claim. We have the experience to help you determine whether an offer is fair. We provide guidance but the decision to accept or reject an offer is always yours.

New Year’s Eve Has the Highest Instances of Pedestrian Fatalities

December 29, 2011 | Gregory J. Brod

Everyone has heard it before- Don’t drink and drive. Fatal automobile accidents increase dramatically during high traffic seasons, and holidays are the worst, combining more vehicles on the road with an increased number of intoxicated drivers.

But what about intoxicated pedestrians? New Year’s Eve has the fifth highest number of crash fatalities overall, but it is the number one day for pedestrian crash deaths. The same factors that are involved with general crash fatalities are present on New Year’s Eve, with the added component that many pedestrians choose to walk home intoxicated, rather than risk their lives and the lives of others behind the wheel.

However, drunken walkers are still engaging in a risky undertaking. Alcohol negatively affects the brain‘s ability to focus and it slows down the whole body’s reaction time. Consequently, intoxicated drivers and intoxicated pedestrians have less coordination, difficulty processing information, and following moving objects. The physical limitations imposed by drinking heavily makes driving or even walking near traffic dangerous in itself. However, drinking also limits a person’s mental faculties. In addition to the physical effects of alcohol, intoxicated persons experience loss of judgment and a decreased ability to perform two tasks at once. In other words, a drunk person makes more bad decisions than a sober person, but is less capable of handling the consequences.

For example, a pedestrian may leave a bar with a group of friends headed to the night’s next destination. The group has a boisterous conversation and is quite unaware of their surroundings. The leader of the group walks backwards in order to see everyone. Although he is aware that a crosswalk is coming up, his brain has trouble processing risk, and he does not stop to determine whether he has the right of way. Crossing without a second thought, the pedestrian is hit by a driver with a green light who thought the pedestrian would stop at the edge of the sidewalk.

To prevent such tragedies, pedestrians who plan on drinking should find a friend to look out for their safety and might consider taking a taxi or public transportation instead of walking. Drivers should never assume that a pedestrian will yield to an oncoming car and should approach crosswalks with caution.

California Vehicle Code Section 21950 gives the right of way to pedestrians in marked crosswalks and at unmarked intersections. The statute places a heavy burden on drivers of vehicles. Despite having the right of way at a green light, drivers are still responsible for slowing down at intersections for bold or inattentive pedestrians who challenge the light. The statute imposes a duty on drivers to exercise due care for the safety of any pedestrian in a marked crosswalk and at intersections. Pedestrians also have the duty of using due care to ensure their own safety, and they are admonished not to walk into the path of oncoming vehicles. However, the statute also provides that the pedestrian’s duty to act in a safe manner does not relieve any driver’s duty to exercise due care. Drivers who are not reasonably cautious may find themselves fully or partially liable for the costs of an accident for breaching the duty imposed by California Vehicle Code Section 21950.

Finally, December is the darkest month in the United States and low visibility increases the chance of pedestrian fatalities on days like New Year’s Eve. The Brod Law Firm encourages pedestrians and drivers to remain prudent and to plan their night ahead of time to limit exposure to dangerous situations. Revelers can celebrate at a hotel, hand their car key over to a trustworthy friend, and keep a taxi’s number on hand.
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Norovirus Outbreak At Area Elder Care Facilities

December 28, 2011 | Gregory J. Brod

At The Brod Law Firm, we are proud to serve as lawyers for victims of nursing home abuse in Sacramento. The elderly can be a very vulnerable population and Sacramento elder abuse can go unrecognized because some older individuals are unable to report the incidents or are unconsidered unreliable because of dementia. We are proud to serve as attorneys for individuals who fall victim to these abuses and work closely with concerned family members to represent their interests.

Abuse and neglect are all too common, but it is important to remember that the nature of even well-run elder care facilities can create health concerns. On Tuesday, The Sacramento Bee reported that public health authorities were tracking an outbreak of the norovirus in senior care environments. The virus has been confirmed in three skilled nursing and assisted living facilities, is suspected to be the culprit in at least four other locations and is believed to have caused at least 174 residents and staff to fall ill. Norovirus cause a range of gastro-intestinal ailments and, especially in the medically vulnerable elderly population, can lead to dangerous dehydration. At one facility, 15 out of 85 residents are reported to have fallen ill from the highly contagious bug.

Norovirus itself cannot be treated but symptoms can be managed with palliative care, including rehydration where necessary. The disease is spread very easily and is particularly likely to spread in close quarters like cruise ships, schools, and nursing facilities. There are several strategies that can prevent norovirus and other contagious diseases from spreading. Hand-washing can be very effective in limiting the spread of illness, although it is often not done properly. The Center for Disease Control recommends that hands be vigorously rubbed with soap and water for a minimum of twenty seconds, noting that mentally singing “Happy Birthday” twice can help ensure hands are washed for a sufficient time. Since norovirus often originates in contaminated food, proper food-handling techniques are also key. Fruits and vegetables should be thoroughly washed and infected individuals should not be involved in food preparation. Cleaning and disinfecting surfaces and laundering clothing and bedding can also help prevent norovirus from spreading.

Ensuring Toys and Other Products are Safe for Our Children

December 26, 2011 | Gregory J. Brod

Whatever holidays you celebrate, we hope the current season is bringing great joy, the presence of loved ones, and many delicious meals. Children seem to believe there is no greater joy than unwrapping a present with the mix of anticipation, the tearing action as the paper rips, and then the moment when the spot the much-desired prize. To a child, this is pure bliss. A few decades later, however, the true meaning of happiness emerges as the very same scene is viewed from a parent’s eyes. There is truly no greater pleasure than watching a child’s face light up with surprise and joy.

We hope all the children in your lives were thrilled by the presents that come with Christmas, Hanukah, Kwanza, and other late-in-the-year celebrations. These presents should be the source of smiles and many hours of joy, ideally bringing the family together for an added bit of enjoyment. While we do not wish to set a gray cloud on such happy times, we do want to remind parents to always exercise caution. As San Francisco products liability lawyers, we know that children’s products (toys, foods, cribs, clothing, etc) are a common culprit in product-related injuries. When a client approaches us after a child has been harmed in a product-related injury in Northern California, we can help ensure the companies that made and marketed the item are held responsible for their failures.

One danger that makes the news every few months is lead in toys. Lead can be found in either plastic or paint and children are especially vulnerable because their natural tendency is to put objects, and their fingers, in their mouths. Additionally, the developing brain makes children under six particularly vulnerable to the ill effects of lead exposure. There are standards that companies must follow to limit lead, especially in items intended for kids, but it can still be lurking. Older toys and imported items, including those sold at discount “dollar stores,” are particularly dangerous. Lead poisoning often has no immediate symptoms, but over time it can impact a developing brain as well as the nervous system, red blood cells, and heart. Thankfully, heavy enforcement and education has resulted in improvements and the Center for Disease Control reports a significant drop in the percentage of tested children who had elevated lead levels between 1997 and 2008 from 7.61% to 0.83%. California has many state-specific programs aimed at reducing lead exposure. Testing of children’s lead exposure levels, is often recommended and is required at age one and two for children on public health programs.

Thanking the Unsung Heroes of Injury Care: Nurses

December 23, 2011 | Gregory J. Brod

One of the best parts about the holiday season is that it gives us the opportunity to truly reflect on those who enrich our lives. In our work as a personal injury law firm in San Francisco and throughout Northern California, we talk to many victims who have recently undergone emergency care and hospital stays. We are proud to serve as attorneys for accident victims in San Francisco, but we know that there is a group of true heroes who make a real difference in the days after an injury. We applaud a recent piece on CNN that recognizes an often under-appreciated part of the medical system, the nurses.

As the CNN article points out, most doctors are able to schedule holiday shifts to accommodate family traditions. While some are on call, most still get to enjoy the season with their families. However, there must always be a full contingent of nurses on duty to care for those who are spending the holiday in a hospital bed recovering from either illness or injury. A hospital patient often spends many more hours with the nurses than with the doctors, but nurses rarely get the credit they are due. They work long shifts, often twelve hours at a time, yet they remain ready to not only care for the health of their patients but also to brighten their spirits with warmth and little acts of kindness.

Thanking nurses is particularly timely this year. As reported in the San Francisco Chronicle, nurses at several Bay Area hospitals are participating in a one-day strike this week. The nurses are protesting contract changes that would impact their union representation and their sick day allowance. The hospital system, Sutter Health, was given notice of the strike so they were prepared to bring in replacement workers to limit the impact on patient care.

Wind Damage: Understanding Your Policy

December 23, 2011 | Gregory J. Brod

wind%20damage.png Our San Francisco insurance claim attorney know that there are many ways nature can cause problems in a state as big and diverse as ours. Last week this blog talked about a flood (see here). This week another act of nature caught our eye- wind and wind damage. In early December, hurricane force winds pummeled areas of Southern California and left hundreds of thousands without power. Estimates say the storms may have caused $40 million in damage. The Santa Ana winds toppled countless trees, especially in the hard-hit Pasadena area.

When Californians are faced with these weather emergencies, it is a good wake up call to the rest of us to ensure we are as prepared as we can be for natural disasters. People often have specific insurance coverage for earthquakes or for floods, but do you know how wind storm damage will be handled by your insurance companies?

Most homeowner’s insurance policies will include some coverage for wind damage, such as a tree falling on a house. “So long as that tree has damaged something on your house or property, your homeowner’s policy will typically have some amount available for tree removal,” said Candysse Miller, executive director of the Insurance Information Network of California to the Pasadena Star-News earlier this month. Other less visible kinds of damage can be more difficult to deal with. Insurance companies often try to claim things like damaged or loosened tiles or shingles on your roof due to high winds is actually caused by normal age/ wear and tear. Roof problems can lead to other expensive home issues, such as water leakage, if the roof is not properly repaired. Insurance companies may also try to claim that only some tiles or shingles need replacing, but before you agree to that make sure you know the true extent of the damage to your roof and do not accept a partial fix to a much bigger problem. You pay for your homeowner’s insurance and you deserve the full benefits you need.

Tribune Column on Driving Pet Peeve Serves as a Safety Reminder

December 21, 2011 | Gregory J. Brod

As Oakland personal injury attorneys, the Brod Law Firm uses this blog to educate and inform Northern Californians about the law and victim’s rights. First and foremost, we hope to remind residents to exercise caution in preventing accidents. Additionally, we seek to educate victims to allow them to protect their rights if they are harmed in an automobile accident in Oakland or otherwise injured due to the actions of others.

We often use area news reports to provide context to our comments and the nature of our field means these stories are usually reports of accidents and other tragedies. Although this note does have a serious message, it is inspired by a fun take on safety in the Oakland Tribune. A Tribune columnist and his readers have been championing a movement to counteract a frequent pet peeve – drivers who neglect to use their turn signals. The column calls for a movement akin to the “Click it or Ticket” campaign, complete with amusing bumper-sticker slogans reminding drivers to signal before making a turn or lane shift. We applaud this column for addressing a habit that not only annoys other drivers but also places every driver at risk.

California’s vehicle code provides that drivers must ensure movement is safe and signal their intent before turning when another vehicle may be impacted by the movement. The driver’s manual reiterates the importance of using signals for a lane change, a circumstance in which many drivers neglect the precaution. There appears to be little data on how many accidents are caused by a driver’s failure to signal. However, an interesting study by the American Transportation Institute reports that one of the best predictors of future accidents involving truck drivers was a prior citation for failure to signal. The study found the likelihood of a future crash increased by a whopping 97 percent when the driver had previously been convicted of a signal-related offense, making it the top predictor of future collisions.

Raw Milk Recall Lifted But Caution Still Key to Prevent Food Related Illnesses

December 19, 2011 | Gregory J. Brod

The move towards natural foods can be a healthy shift away from processed foods and the over-reliance on fast food that can lead to expanding waistlines and increased health risks. However, sometimes foods marketed as natural carry their own hidden dangers. As San Francisco products liability lawyers, the Brod Law Firm team urges the public to use caution when purchasing food for their family. Likewise, we urge residents harmed by dangerous food products to seek legal recourse and hold companies responsible for selling unsafe food in Northern California.

As reported in the San Francisco Chronicle, California has just lifted a ban that resulted from concerns about unsafe food products. The ban was issued after five children in our state became ill after drinking raw milk produced by Organic Pastures in Fresno. All of the children were found to have the same strain of E. Coli. Three of the young people were hospitalized with hemolytic uremic syndrome, a dangerous illness that can lead to kidney failure. Although investigators did not find the bacteria in samples of the milk, it was deemed the likely source since all five children had consumed the dairy’s raw milk in the period before they fell ill. The state shut down production at the dairy temporarily and recalled Organic Pastures products. At the time of the Chronicle’s report, the dairy had passed necessary inspections and was allowed to resume production of all products with the exception of raw colostrum. Investigators have continued to quarantine the final product out of concern that it may carry dangerous bacteria.

There is a lot of controversy over raw milk products. Proponents believe that raw milk contains more nutrients than the more common pasteurized variety and also that the pasteurization process kills “good” bacteria that can have health benefits including the potential prevention of asthma and other health woes. However, others warn that raw milk can contain harmful bacteria including E. coli, salmonella, and listeria. Worldwide, some countries have total bans on raw milk while others permit the drink, particularly when it is bought directly from the farm. In the United States, federal law prohibits the sale of raw milk across state lines. Other regulation varies by state with about half of states prohibiting its sale for human consumption. California does permit licensed facilities to sell unpasteurized milk. Two facilities appear to have obtained such licenses and additional sales occur directly at some farms.

California Flood Made Worse By Tricky Insurance Companies

December 16, 2011 | Gregory J. Brod

Our California insurance attorneys know how difficult it can be to deal with insurance companies after an unexpected disaster. When something happens that severely disrupts your life, like a major illness, death, or natural disaster, the last thing you want to think about- worry about- is dealing with an insurance company employee asking you all kinds of questions. But what is worse is when you realize that all the money you paid over the years to the insurance company is no guarantee that the benefits you expect will be available when you need them.

Our San Francisco insurance attorneys noticed one striking recent example in a CBS News story this week. It involves a California town called Capitola, the site of devastating floods earlier this year. In March, a drainpipe in Capitola burst after an average rain storm. The very next day a larger storm hit the area and Capitola was not only already dealing with a problem, but there was no pipe to drain the water anymore. For the residents of Capitola, California, their problems were just beginning.

flood%20insurance.gif Some residents had flood insurance, and they thought surely the hard earned money they paid to their insurance company would allow them to rebuild. But those residents discovered that when they called about their flood insurance, their insurance company told them that the situation did not count as a flood. The company claimed it was a broken pipe and directed the policyholders to their liability insurance. But they were then told by the liability insurance handlers that it was a flood, so the liability insurance does not cover the damage. This ridiculous dilemma caused not only many people to worry about their homes, but also severely affected small local businesses trying to stay afloat in a recession economy.