Archive for the 'Business & Law' Category

Blind-Free

Posted by Donna on September 2, 2009 at 4:01 pm

After dozens of deaths associated with children becoming entangled in or choking on the cords found on window blinds, yet another massive recall is being made.  Millions of Vertical Land and Lewis Hyman blinds are said to be posing danger in those homes where young children have access.  Although there have been no deaths this year that were associated with these cords, the companies must believe the risk is real.

Several lawsuits are currently in front of judges across the country and these two blind makers are finding themselves defandants more often.  The blinds being recalled now cover many years - nearly twenty.  Few, if any, consumers who purchased blinds or for that matter, any other home decor, most likely don’t own blinds that were made in 1992.  Apparently, those made then don’t greatly differ from the ones currently in stores.

In 2006, a four  year old girl was killed after she choked on one of the Vertical Land cords that was too close to the floor.  A major recall was made then;  however, even that one doesn’t appear to be as big as what’s currently being publicized.

Lewis Hyman, Inc., based out of Florida, is recalling its blinds due to the death of a one year old who also died as a result of strangulation.  Apparently he’d reached for it from his crib.  That lawsuit is pending.

Inez Tenenbaum, the new Consumer Product Safety Commission’s director, says the cords pose an imminent risk and urges all parents to return any blinds in their home to the manufacturer for either a refund or for the blinds to be retrofitted.

After so many unnecessary deaths and lawsuits popping up across the country, these tragedies beg the question, “How many more deaths before a common window blind is redesigned to ensure safety?”

The CPSC’s website can be seen here for more information on this and other recalls.


Are We Becoming More Clever or Just Tighter With Our Money?

Posted by Donna on August 24, 2009 at 6:29 pm

Today, Fox News had a story about the growing interest of Americans who are now taking to their gardens

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to produce their own tobacco versus paying ever-increasing taxes on cigarettes.  Most who were interviewed say they’re going to challenge their green thumbs to offset the effects of the recession and the $1.60+ tax hike smokers have seen this year alone.  In another story, Time Warner sealed its deal with YouTube that will allow the video site to host movies and television shows owned by the media conglomerate.  Although Phillip Morris USA may not have much to worry about with the sudden interest in home gardeners, satellite providers such as DirecTV and Dish Network may not be so lucky.

With Netflix releasing its “On Demand” feature earlier this year, millions suddenly had instant access to thousands of television shows, movies from every decade and even talk shows.  It’s not even necessary to wait for the arrival of the DVDs - browse through the vast library and click “Play”, and suddenly, you’re watch Cary Grant and Jeanne Crain in “People Will Talk”.  The major money makers that are still churning profits for the networks are available too: Law & Order, CSI - you name it, odds are, you can watch it whenever you want.  Oh, and did I mention you can do this for less than $10 a month?  Of course, there are those shows that are available on television that haven’t been released for online viewing, but Time Warner’s announcement might close that gap. 

Other online avenues, such as Fancast, Hulu and Joost are reporting thousands of new fans each month - and their sites are absolutely free.  You can watch every season of “The Hills”, “House” and other favorites.  Every season of the classic “Alfred Hitchcock Hour” from the 1960s is available too.

So what does this mean for the two major satellite companies who seem to raise their rates each time you open the new month’s statement?  Is it possible to tax online television or is too late?  And what about the big lawsuits from several years ago when the music industry was in an uproar over stolen music that was downloaded millions of times?   Does this mean more changes are in store for this sector of the entertainment industry and its online presence?  iTunes already offers television shows through its site.

Clearly, in these ever-evolving online lives we lead,  it appears we’ll be spending even more time in front of our monitors watching our favorite shows minus the $100+ satellite bills and smoking cigarettes that were grown in our own backyards for pennies of what we would’ve paid at the corner store.


No Way Out?

Posted by Donna on July 27, 2009 at 7:43 pm

What would you do if you were a nurse and pro-life advocate but was ordered into surgery to assist in an

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abortion?  If you were told the patient’s life hung in the balance and your refusal to do your job would further jeopardize the patient, would that make a difference?  And what if the pregnancy was already twenty-two weeks along; would that complicate matters even more?

This is exactly what happened to a nurse in Brooklyn, NY.  Shortly after arriving at Cedars-Sinai hospital for her scheduled shift, she was ordered to provide assistance in an abortion.  In a federal lawsuit, Catherina Cenzon-DeCarlo claims not only was she forced to go against her morals and religious beliefs, but that the abortion wasn’t necessary, at least at the time it was completed.  The lawsuit goes on to say that she pleaded with the physicians to find another nurse who wasn’t so opposed to the procedure but was told if she didn’t accompany the surgeon into the operating room, she could very well lose her job due to patient neglect.  Against her beliefs, she did as she was told.  Now she’s fighting back.

Her lawsuit  says that she put in writing her vehement opposition to abortion and declared she would in no way participate in any abortion procedures.  If that’s the case, the question begging an answer is why wouldn’t the hospital select another nurse to assist?  And if what this nurse claims in her lawsuit that the procedure wasn’t a matter of life and death, what about the patient?  Was she told it was her life or the baby’s?  If the nurse’s lawyers can prove it wasn’t absolutely necessary, odds are, Cedars-Sinai is looking at another lawsuit, this time, from the patient.  Assuming the patient wanted the baby she was carrying - after all, she was already twenty-two weeks along - this woman must now live the fact an abortion she didn’t want was forced upon her by a doctor who chose to decide for her.

Cenzon-DeCarlo has federal “conscience rules” on her side.  Before leaving office, President Bush changed the laws for hospitals that received federal funding.  In short, unless and until a medical facility agreed to respect its workers’ religious and moral beliefs for controversial procedures, it would receive no federal funds.  As of now, these rules are in place; however, many expect President Obama to modify these restrictions, especially since Health and Human Services is accepting ideas regarding proposed changes.

In the meantime, this nurse continues her employment at the hospital.  The lawsuit is asking, among other things, she be allowed to once again work the overtime hours that were suddenly given to co-workers.


Don’t Get Caught Lying in New Hampshire

Posted by Donna on July 23, 2009 at 5:17 pm
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New Jersey just passed a law, slated to take affect January 1, 2010, that allows people who’ve lied in murder trials to no longer have the luxury of a statute of limitations to protect them should they get caught.  Currently, there are three states that have similar laws, including Arizona, Florida and Pennsylvania.  One of the state’s representatives, Renny Cushing (NH-D), said, “It’s one thing if you give false information about somebody stealing a bike, it’s another thing if you give false information about somebody stealing somebody’s life.”  This Senate bill passed unanimously.

With the advances of DNA, it’s become easier to identify those who’ve committed crimes, thereby ensuring the ease in identifying those who provide false alibis or other untrue information to law enforcement.  The punishments will vary depending on one’s involvement of a murder, but the potential for jail time is great.  Law enforcement is hoping it will serve as a deterrent for those who might consider lying or provide alibis to those suspected of killing another.  Further, when enough evidence isn’t available for a murder conviction but law enforcement finds evidence that proves the suspect tampered with evidence, the law will allow for tougher sentences.

Currently, the crimes that qualify for the death penalty in New Jersey are first degree murder, being a leader of a narcotics/drug trafficking network that ordered a murder or murder committed through the commission of a terroristic attack.  Further, the death penalty isn’t applicable to anyone under the age of 18, regardless of his crime.

Renny Cushing is the founder and Executive Director of Murder Victims’ Families.  His father was murdered in 1988 by two shotgun blasts by a neighbor.  He’s also responsible for New Hampshire’s Victims Bill of Rights law, passed in 2001.

As mentioned, there are only a few states with similar laws; however, other states are expected to follow suit in the near future.


One Choice, Two Options - Both Illegal

Posted by Donna on July 20, 2009 at 8:08 am

Imagine being told you must sell your child or your kidney - or else be put on the street.  That’s an everyday occurrence in Pakistan - albeit an illegal occurrence.  Many of this country’s residents have been forced to

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sell body parts, specifically their kidneys, in order to maintain their homes.  Most are indebted to their landlords who insist something must go: a body part or a family member, in order to pay these debts.  Not surprisingly, most choose to sacrifice their kidneys.  Stands to reason the sale of humans is illegal, right?  Turns out, a law passed in 2007 makes kidney sales illegal too in this country.

And who’s benefiting from the ample supply of kidneys?  Turns out these people are called “tourist transplants” and travel from many areas of the world to undergo the surgeries that will enable them to continue their lives minus dialysis.  The United States is quite strict on its laws regarding the profits made from organ donations.  It’s illegal.  Further, organizations such as the The Transplantation Society, requires professionals such as doctors to sign policies that state they accept certain ethical standards.  One of these statements reads, “Organs and tissues should be freely given without commercial consideration of financial profit.”  It encourages the international community to enact legislation that forbids commercial trafficking in human organs and tissues.

Many insist the legalization of profiting from organ donations would alleviate the overwhelming need for kidneys, hearts, livers and even corneas.  Opponents say it would further divide the wealthy from the poor and would only ensure those who could afford the expensive price tags would be on the receiving end.  Few can argue, though, that it would reduce the number of people on the traditional waiting lists that forbid price tags placed on the organs.

Rarely do two opposing sides agree on one solution when it’s viable; this, however has a solution that’s a win-win for everyone concerned - if each healthy American made his organs available upon his death, the waiting lists, the controversy and the big money gained would all but virtually disappear.  It’s uncertain as to how many of us have notated on our driver’s licenses our desire to donate our organs or have requested our lawyers to insert it into our wills. Too often, many of us say we’ve done the right thing when in fact, we’ve only gotten so far as to say to ourselves, “I need to sign my driver’s license”.


Lies, Liens and Lenders

Posted by Donna on July 10, 2009 at 12:33 pm

Twenty five professionals in the mortgage, banking and even the legal fields were charged this week with

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mortgage fraud.  At stake is over $100 million dollars in stolen money.  The AFG Financial Group, based out of Manhattan, is responsible for finding gullible buyers with excellent credit ratings and then pairing these buyers with distressed properties while telling the buyer it was good for the community and guaranteeing a high return on their investment.  The group approached other lenders and banks to sell the mortgage to, all the while keeping all the funds associated with the successful closing of the loan for their own personal use.

Some of these properties were nothing but vacant lots.  By bringing in unethical appraisers to “appraise” the phantom houses, they were able to get incredibly high values on nothing more than weeded lots, which, of course, validated the loan amounts.  One Manhattan District Attorney, Robert Morgenthau, said “This kind of activity is what led to the mortgage crisis.”  It’s being called the largest mortgage fraud ever in New York City.

Turns out, these buyers weren’t even required to be employed, so long as their credit was good.  During the investigation, W-2s, bank statements and other documents along with fake paychecks were forged and submitted to the lenders and even some banks that weren’t in on the fraudulent activity.  An excellent financial report, high credit ratings and appraisals for houses that didn’t exist was the formula that allowed these millions to be swindled over a several year period.

Now the buyers, who thought they were agreeing to a community improvement project are now looking at bad credit, foreclosures and federal investigators down their throats.  In a few cases, some buyers are doubly betrayed since the fraudsters would often retain second mortgages in a not-as-strict sub-prime market without the buyer’s knowledge.

The defendants, who were arraigned on Wednesday, were charged with enterprise corruption and each is facing twenty-plus years in prison if they’re found guilty.


BC Anyone?

Posted by Donna on July 1, 2009 at 3:21 pm

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Just trying to keep track of the latest battle between makers of acetaminophen, NSAIDS and the FDA is enough to have many of us reaching for a BC for the sudden headache we’ve developed.  Today, the FDA  announced it’s considering tighter restrictions on Tylenol, the brand name for   acetaminophen, due to the high numbers of liver failures each year caused by overdosing on the pain medication and fever reducer.  Tylenol and other makers responded that these restrictions would result in more people using nonsteroidal anti-inflammatory drugs (NSAIDs) such as Advil, which, they say cause kidney failure and 5,000 deaths a year and countless lawsuits.

With 2.6 billion dollars a year in profits for Tylenol, they have a lot at stake.  Further, nearly 85% of these profits are due to over the counter sales versus prescriptions of stronger medicines that include Tylenol.  This speaks to the number of people who have inadequate or no health insurance who rely on these over the counter medicines.

Tylenol provided arguments against reducing the recommended dosage of its medicines, which is one option the FDA is considering, saying that the exact label dosage is what seems to be the magic number for those suffering from osteoarthritis.  Seems there’s no middle ground in the pain reliever wars.  One suggestion included pulling multi-medicines, such as those that include sleep-aids or medicines for cold or allergy symptoms, from the market.  The FDA suggested this might be what’s contributing to the high number of liver failures.  While it’s true many take products such as Tylenol PM to induce sleep at night, it’s not uncommon for many users to become used to the standard dosage and find themselves over-medicating with double or more the recommended dosage in order to get to sleep at night.  It could be this will be the middle ground the FDA is searching for, while trying to keep manufacturers of both acetaminophen and NSAIDs happy.

In the meantime, the battle continues.  The FDA insists it’s not interested in making any one pain reliever the “king”, but rather, to reduce the number of liver failures in this country.


More Cover-Ups?

Posted by Donna on June 26, 2009 at 1:48 pm

Many describe Scientology as nothing more than a brainwashing cult that thrives on the weaknesses all of us have to some degree.  Over the years, there have been countless claims of abuse and misrepresentations and just as many denials from the ultra-private religion.  We do know this faith abhors the use of modern

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psychiatric practices, including the use of medications.  Even before the big Tom Cruise meltdown (which forever changed his image from a Hollywood hero to a disturbing has-been), Scientology had been accused of many wrongdoings, both medically and ethically.  Now, though, a former high-ranking medical official is telling the long overdue tale.

In 1995, a young woman left her Dallas home to join her fellow Scientologists in Florida.  While there, Lisa McPherson gained a “clear” status within the church which meant she was free of pain, trauma and bad feelings (this should’ve been a huge red flag years ago).  Within two weeks of this declaration by the church, she was involved in an automobile accident and was found nude walking the streets and shouting at passersby.  She found herself in a local hospital and was about to receive the mental therapy she clearly was in need of.  Once leaders in the church heard of this, a group of ten showed up and escorted her out of the facility and back to church headquarters.  They told the hospital they opposed psychiatric care on any level and that they would see to her proper medical treatment.

This is where Marty Rathbun says he began lying to outsiders.  He was ordered to reassure anyone who asked about her well-being that she was fine, when in fact, she was far from it.  Over the next seventeen days, she lost close to twelve pounds and had a complete breakdown.  Even when Rathbun called another Scientologist in the area who happened to be a physician, he still followed orders from his own leaders and disregarded the doctor’s insistence of taking her to a hospital.  What Rathbun and others within the church agreed to do was drive forty five minutes to the area in the state where the Scientologist/physician was located, despite her poor condition. Once there, she was pronounced dead on arrival.

Afterwards, church officials ordered any documentation that even documented her existence within the church walls be destroyed.  Rathbun told the group, “Lose ‘em” (referring to these documents). 

The woman’s family filed a wrongful death case against the church and settled for an amount that’s never been disclosed.  Now that Rathbun is no longer under the influence of the church, he’s agreed to come forward and was interviewed by a Florida newspaper.

Meanwhile, church officials continue to deny Rathbun’s story and say he was a “bitter former employee who never climbed as high in the ranks as he’d hoped to”.


Bad Girls

Posted by Donna on June 18, 2009 at 8:01 am

Is it a full moon?  Two women serving on their respective city’s board of supervisors have found themselves in less than ideal positions this week. 

Barbara Wagner, a Glastonbury, CN councilwoman was arrested for driving while intoxicated a few days ago.  She’s recorded on video as threatening the arresting officers and warning them that she’s the one who approves their salary increases.  She accused one officer who attempted to interview her as being rude, even though the video might indicate otherwise.  After she sobered up, she penned a letter to the city’s Police Chief.  In her letter, she expressed deep regret for her behavior and conduct and said she was embarrassed.  She assured Chief Thomas Sweeney of her intent to redeem herself.  She’s requested admittance into a state alcohol rehabilitation program that’s made available to first time offenders.  If she is granted access to the program and successfully completes treatment, the charges will be dropped.

Meanwhile, in Michigan, another city councilwoman is having her own problems with accusations of illegal activities.  Monica Conyers, whose husband John has been a U.S. representative since 1964, is doing her best to avoid the media and its questions regarding pay-offs from an out of state contractor.  She’s supposedly “Council Member A” in documents that accuse her of taking more than $6,000 for a vote in 2007 that gave a $47 million dollar contract to a company in Houston.  The company, Synagro Technologies, recycles sludge from a wastewater treatment plant.  One Synagro contractor has already pleaded guilty to bribery.  Ray Jackson testified that he gave the money to Conyers.  He will be sentenced later this month. 

There have been no charges for Conyers, although she fully expects to be charged.  This will be a high price for a mere $6,000 pay-off, especially for a contract that was worth close to $50 million.  Hardly worth it, no doubt.  Her husband, who’s nearly forty years her senior, is certainly wondering why she would take such a risk that jeopardized not only her career, but his too.


Medical Bills and Bankruptcies

Posted by Donna on June 17, 2009 at 8:14 am

A new study released earlier this month revealed that 60% of bankruptcies are filed due to overwhelming medical bills.  What’s incredible is that of those bankruptcies 75% of the filers have health insurance!  This revelation speaks volumes to those who insist the insurance industry needs no overhaul.   Harvard Law School, Harvard Medical School and Ohio University participated in this report and the results were published in the American Journal of Medicine.  Dr. David Himmelstein, an advocate of a U.S. insurance overhaul and a member of the Harvard Medical School staff says that those of us without a bank account to rival Warren Buffet are only “a serious illness away from bankruptcy”.  He goes so far to say that health insurance offers little, if any, protection for middle-class America.

Other findings in this study include:

  • The proposals that are now being considered by the Obama White House will not likely help a vast majority of Americans.
  • Expanding private insurance won’t prevent financial catastrophe for hundreds of thousands of Americans.
  • Of the 170 million Americans who have health insurance through their employers, many will find themselves with none by year’s end due to employers cutting their own costs.
  • 25% of all insurance companies cancel coverage immediately after a disabling illness occurs and is filed, another 25% do so within the twelve months following the claim.

No one is immune from bankruptcy, either.  The study found that most were educated, owned their homes and had successful careers.  Further, the numbers reflect a 50% increase from bankruptcies filed in 2001. 

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For many who were asked to pay thousands of dollars after the insurance paid, such as those with injuries or who were diagnosed with Diabetes or other illnesses, the payments were just too much.  Many hospitals and physicians asked patients to make payments that rivaled their automobile or in some instances, those that surpassed even the patient’s mortgage payments.

President Obama continues to work on solutions to the ever-deepening concerns and fears for health care in this country.  Until these problems are met head on and with a consistent solution across the board that will address insurance, bankruptcies and job losses, these numbers won’t be declining.



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