12
Dec

Ten Worst Insurance Companies in America

The American Association for Justice (AAJ) has published a document listing the ten worst insurance companies in America. To come up with this list, researchers at the AAJ undertook a comprehensive investigation of thousands of court documents, SEC and FBI records, state insurance department investigations and complaints, news accounts from across the country, and the testimony and depositions of former insurance agents and adjusters.

Is your insurer on the list?

AAJ’s List of the Worst Insurance Companies

  1. Allstate—the worst of the worst, called a poster child for insurance industry greed. The number of complaints filed against Allstate are greater than those of almost all its major competitors combined. The company fights its clients to avoid paying for claims. According to a former Allstate adjuster, “We were told to lie by our supervisors—it’s tough to look at people and know you’re lying.” Former employees call the company’s unofficial policy the “three Ds”: Deny…Delay…Defend. Adjusters say they were rewarded for keeping claims payments low, even if they had to deceive their customers.
  2. Unum—one of the nation’s leading disability insurers, with a long reputation for unfairly denying and delaying claims. As an example: Debra Potter, who developed multiple sclerosis and became totally disabled. But when she filed a claim for disability, Unum denied the claim saying, in effect, that she was making it up without doctor verification. Her doctor wrote note after note explaining that the disease and disability were real, but Unum continued to deny the claim for three years. She only got justice when she hired a lawyer.
  3. AIG—the world’s biggest insurer, but with a long history of claims-handling abuses.
  4. State Farm—the nation’s biggest property casualty insurance company, with a reputation for its deny and delay tactics. According to the AAJ, the extreme lengths the company goes through to avoid paying claims include forging signatures on earthquake waivers after the deadly Northridge earthquake, and altering engineering reports regarding damage after Hurricane Katrina.
  5. Conseco—sells long-term care policies that are supposed to help take care of people when they are old and need help.  The company’s tactic is to wait and delay, knowing that if it waits long enough to pay out claims, its customers will die.
  6. WellPoint—according to the AAJ, Wellpoint routinely cancels the policies of pregnant women and chronically ill patients.
  7. Farmers—rewards adjusters who meet low payment goals, sometimes with such measly rewards as pizza parties. One example: 60-year-old Ethel Adams, who was involved in a multi-vehicle accident that put her in a coma for nine days and left her with devastating injuries, including the losing the use of her legs. Incredibly, Farmers denied her claim, reasoning that the driver at fault had acted in a moment of intentional road rage, and thus the crash was not an accident. The company’s denial caused an outcry, and Farmers Los Angeles headquarters was flooded with calls and emails from angry policyholders threatening to boycott the company. Farmers only caved when the Washington State Insurance Commissioner threatened the company with legal action.
  8. UnitedHealth—this company has been plague by accusations of greed so rampant that it puts patients at risk.
  9. Torchmark—this company has subsidiaries that offer low-cost burial insurance, cancer insurance, and life insurance. The company has come under fire for a variety of transgressions, including charging minority policyholders more than whites.
  10. Liberty Mutual—like other companies, they adopted a policy of deny, delay, and defend. In addition, Liberty Mutual has been cited by regulators for systematic bid-rigging.

To read the full report from the American Association for Justice, click here:  The Ten Worst Insurance Companies In America

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9
Dec

Fires in Surgery a Danger to Patients

I had heard about fires that break out during surgical procedures, but I thought that they were exceedingly rare. But according to a notification by the U.S. Food and Drug Administration (FDA), every year about 650 patients are injured by surgical fires. In some cases, the injuries are life threatening. In addition, more fires start but are put out before they reach the patient. So while the fires are not common, they are not as rare as many people think. Here are “Things Patients Should Know,” from the Empowered Patient Coalition.

  1. HOW FIRES HAPPEN: Three things have to be present for a fire to start. This “Fire Triangle” includes heat, a source of “fuel” (something that will burn) and oxygen.
  2. SURGICAL FIRES ARE PREVENTABLE: Surgical fires do not have to happen and can be avoided with proper precautions and communication by the surgical team.
  3. HEAD AND NECK SURGERY: Procedures in the head and neck area pose a greater risk of fire due to the potential for an oxygen-rich environment around a patient’s face from a breathing mask.
  4. PRE-OPERATIVE SKIN CLEANSERS: Skin “preps” often contain alcohol, which is flammable. Skin cleaners may pool in the skin folds –especially on overweight patients – so these cleansers need time to dry before surgery begins.
  5. DRAPING: Surgical drapes can catch fire and they can hide the “pooling” of liquid alcohol skin preps. Drapes can also trap alcohol vapors from skin preps, which can ignite if exposed to heat and oxygen.
  6. DEVICES USED TO CUT TISSUE: Tools such as electrocautery (tissue-cutting) units (sometimes called a Bovie), lasers, fiber-optic lights and cables can generate heat or sparks and cause a fire. These devices are also used in dental offices, so ask about safety precautions.
  7. FACIAL HAIR: Hair on the face may need to be covered with water soluble jelly – this is important for head and neck surgeries and for patients with beards, moustaches and thick eyebrows.
  8. ROOM AIR: If possible, the patient should be kept on room air and not highly concentrated oxygen. If extra oxygen is needed, it should be the lowest concentration that is safe for the patient.
  9. STAFF TRAINING: Ask if the staff is trained in preventing, recognizing and putting out surgical fires. What precautions do they have in place to protect patients? Will water and CO2 fire extinguishers be readily available in the OR?

The Empowered Patient Coalition is a consumer- and advocate-led effort to inform, engage, and empower the public to assume a greater role in their own medical treatment and in becoming a driving force for meaningful health care reform. You can learn more about their work here:  www.EmpoweredPatientCoalition.org

If you were injured by a surgical fire, you may be able to collect compensation for your injuries. To speak with a attorney, feel free to call HensonFuerst anytime at 1-800-4-LAWMED.  You can learn more about our firm at www.lawmed.com. If you have questions, HensonFuerst has answers.

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8
Dec

Hormone in Yaz® Linked To Higher Risk Of Blood Clots

December 8, 2011

On the heels of research suggesting newer birth control pills may pose more of a risk for blood clots than older contraceptives, regulators with the Food and Drug Administration (FDA) are requiring a warning label update be made for newer contraceptive pills, ABC 11 News reported Tuesday.

A synthetic hormone known as drospirenone is at the center of the debate. It was marketed to drug manufacturers several years ago as having fewer side effects than active ingredients previously used in the drugs. Now, several large independent studies have shown that drugs containing the hormone may put users at a greater risk of developing potentially fatal blood clots.

Although the FDA has determined that the study’s results are inconclusive, they felt that the information should be included in the warning labels. Today, the agency is asking for the opinions of experts to help determine whether or not some women should not be allowed to use the medications.

The North Carolina Yaz® Injury Lawyers with HensonFuerst often deal with cases involving drug injuries. If you have been injured by taking the drug Yaz®, contact us with questions regarding your case today.

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5
Dec

Holiday “Booze It & Lose It” Campaign Has Begun

State and local law enforcement officers will be working to keep motorists safe this celebratory season with the Holiday “Booze It & Lose It” campaign. Checkpoints and stepped-up patrols will be conducted across North Carolina, now through Monday, Jan. 2. This is part of the ongoing effort by the Governor’s Highway Safety Program (GHSP) to remove impaired drivers from the roads.

“Please plan ahead and designate a sober driver this season so everyone can make it home safe over the holidays,” State Transportation Secretary Gene Conti said.

In 2010, there were 1,017 alcohol-related crashes in North Carolina during the holiday campaign, which ran from Dec. 3 through Jan. 2, resulting in 31 fatalities and 728 injuries. That’s one death each day of the campaign…a steep price for a little too much holiday cheer.

In addition, officers charged more than 3,800 North Carolina motorists with driving while impaired during the 2010 Holiday “Booze It & Lose It” campaign.

Wishing all of you a safe and happy (and let me repeat: SAFE) holiday season!

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2
Dec

NC Drivers Still Breaking Simple Laws

On December 1, 35 new laws took effect in North Carolina. Of course, the NC State Highway Patrol is still trying to enforce laws already on the books, especially the “No Texting While Driving” law. According to an article on WRAL.com:

Sgt. Jeff Gordon said distracted driving is still a huge issue across the state. ”I see a lot of people driving with their elbows on the steering wheel, texting with one hand,” Gordon said.

Texting while driving—or any kind of DWD (Driving While Distracted)—has been shown to be as hazardous as driving drunk. But it doesn’t stop texters. And have you ever seen anyone try to make a three-point turn while holding a cell phone in one hand? I have…in fact, I had to wait in the middle of a road while a young man tried this circus-like maneuver in front of me. I would have applauded, but when he finally got his car pointed in the proper direction, he ended up in the wrong lane.

Another law that has been in effect for the past year and is virtually ignored is the law that prohibits large frames around license plates. (To see our video detailing the rules of this law, click here:  http://www.youtube.com/watch?v=UII9dVI5_tc)

In short, anything blocking the license plate information—not just the large numbers and letters in the center—is illegal.

NEW LAWS

One of the news laws of 2011 is “Laura’s Law,” which helps take repeat drunk driving offenders off the road. The law was named for Laura Fortenberry, a 17-year-old young woman who was killed by a drunk driver who had multiple previous driving-while-impaired offenses. With this law, convicted drunk drivers with certain aggravating factors will face larger fines and more time behind bars.

The “Run and You’re Done” law attempts to prevent high-speed chases by allowing the sheriff to seize the chased car if the suspect is charged with a felony. If the suspect is convicted of the felony, the car will be sold and proceeds will go to local school districts.

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1
Dec

North Carolina Troopers Say New Laws Not Working

December 1, 2011

North Carolina state law enforcement says that new laws against texting while driving and hidden tags created last year to keep the state’s roadways safer have done little to eliminate the problems. WRAL News reported yesterday that state troopers are issuing citations for as many–if not more–citations for the texting and driving than they ever have before.

A statewide ban on texting and driving went into effect in in 2009, but the state offered almost a year of leniency before beginning to strictly enforce the regulation. North Carolina State Trooper, Sgt. Jeff Gordon, stated that in the first three quarters of this year, the State Highway Patrol has written more than 650 tickets to drivers who were texting behind the wheel.

Another major problem law enforcement is still facing is the problem of hidden tags on vehicle. Gordon says that often times large plate frames obstruct the information on a tag. Since a law was enacted over a year ago banning the use of anything that may obstruct tag information, troopers have issued tickets on 130 separate occasions for the infraction.

The North Carolina Car Accident Lawyers with HensonFuerst often work with victims of accidents caused by distracted driving. If you have been hurt in an accident due to another driver not paying enough attention to the road, contact us by filling out a free initial consultation form to discuss your case with an experienced team of attorneys.

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29
Nov

Diagnosing Hip Replacement Injury

You may recall a blog we posted last month called “Hip Replacements Fail, Sometimes Without Symptoms,” which we wrote in response to an article in The New York Times about people who have been injured by DePuy hip replacement devices.

In a nutshell, this is the story to date:  In 2010, Johnson & Johnson recalled two DePuy hip replacement devices due to a higher-than-usual failure rate. With the DePuy and other metal-on-metal hip replacements, the devices can shed tiny bits of metallic debris. The human body doesn’t tolerate foreign substances, so it releases scavenger cells to try to get rid of those shards of metal. But the process converts the metal particles into biologically active metallic ions that can slowly destroy healthy body tissue, such as joints and muscle.

What happens is that the hip replacements fail, requiring a second replacement. The goal is to replace the replacement before permanent damage is done to the surrounding muscle and tissue. Sometimes the symptoms are obvious and very painful. But more and more, doctors are discovering that some people can have severe damage without overt symptoms. That could have happened to Cyndi Lafuente, but she caught the problem early. Her story, as told to The New York Times is this:

Cyndi Lafuente, a senior adviser at the Internal Revenue Service, learned last year that the model of artificial hip she got in 2007 was being recalled by its manufacturer, the DePuy division of Johnson & Johnson, because of its high early failure rate. Ms. Lafuente said she contacted her surgeon, who ordered a blood test and diagnostic scans, which came back with normal results. Still concerned, she contacted a British researcher, Dr. David Langton, who had helped sound the alarm about the recalled model.

In January, she met again with her orthopedist, armed with information from that talk and other research. The physician suggested that they run an added test. It showed very high metal levels, she said.

Now, four months after replacement surgery, her recovery has been slow and her leg is still weak, said Ms. Lafuente, who has sued DePuy.

“If I had not played an aggressive role, I think I would have had permanent damage” to muscle or bone, she said.

THE STORY CONTINUES

After our blog was posted, we heard from Ms. Lafuente. She asked if we could provide information that The New York Times left out of their article, and we are happy to do so. This additional information is important to anyone who has had a metal-on-metal hip replacement from DePuy or other manufacturer.

When evaluating patients for possible hip damage due to these devices, doctors commonly use blood test to check for metal ions, and sometimes MRI or CT scans. Ms. Lafuente had those tests, but they all came back “normal.” She was persistent. When she contacted Dr. Langton in Great Britain, he told her that U.S. doctors recommend expensive but noninvasive tests, such as MRIs. However, the British health service opts for an invasive but less expensive test—a hip aspiration.

Aspiration involves putting a large needle into the hip joint and drawing out small amounts of fluid to test for the presence of metal. When Ms. Lafuente had the aspiration, the results were that her metal count was 1703, which she was told was about 10 times higher than normal. She underwent a revision surgery in June 2011, and now, five months later, she is still recovering.

Ms. Lafuente contacted us because she believes that this information could save other hip replacement patients from needless suffering and possible permanent damage. Her advice, in her own words:

Hey!  If you have an ASR XL [one of the DePuy hip replacement models], talk to your doc even if you are asymptomatic. Come up with a game plan that makes sense and keeps you from getting permanent damage.  Maybe the right thing is to be aspirated once a year, even if just to give you the same peace of mind that my doc gave me.

And if your doc is a jerk, go to a different doc.  Trust me.  Find someone who knows what they are doing and change docs.  The doc who implanted you with an ASR XL may have only done a couple of these, and it just won’t be worth his time to stay up to date on new developments as this thing unfolds.  Your hip deserves someone better.

So, the long and short of it is this — asymptomatic ASR XL patients:  you need to be especially alert to changes in your body.  Be your own advocate and consult with your doc about aspiration.

WHAT TO DO

We agree with Ms. Lafuente that anyone who has had a metal-on-metal hip replacement should speak with their doctor about the risk of possible device failure or injury. We urge you to have this conversation regardless of whether you have symptoms or not. Sometimes the damage is silent, and you may not feel symptoms until massive, permanent damage is done. When you speak with your doctor, arm yourself with as much information as possible. At a bare minimum, print out the articles we’ve listed at the bottom of this blog.

In addition, if you have been injured by a hip replacement, consider speaking with an experienced implant lawyer, someone who can help you get compensation for your injury. The experienced attorneys of HensonFuerst are available to consult with you anytime at 1-800-4-LAWMED. And for more information about the DePuy hip replacement recall, visit our website at www.lawmed.com.

RESOURCES

To read the full article in The New York Times, click here:  Remedy is Elusive as Metallic Hips Fail at a Fast Rate

To read our original blog about failing hip replacements, click here: Hip Replacements Fail, Sometimes Without Symptoms

To read more about Cyndi Lafuente’s story click here: Aspiration Revealed My ASR Device Had Failed

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23
Nov

Thanksgiving “Click It or Ticket” Campaign Underway

The Governor’s Highway Safety Program’s “Click It or Ticket” campaign is in force throughout North Carolina, from now through Sunday, November 27, 2011. The Thanksgiving “Click It or Ticket” campaign is designed to crack down on motorists who are not wearing their seat belts.

“It is the law to wear your seat belt, no matter where you are seated in a vehicle,” said N.C. Department of Transportation Secretary Gene Conti. “I remind all citizens to buckle up; it could save your life.”

That’s not an overstatement. In 2010, 425 motorists who were not wearing seat belts died in crashes on North Carolina roads. According to the director of the Governor’s Highway Safety Program (GHSP), Becky Wallace: “The single most effective way to protect yourself and your loved ones this holiday season is with the simple action of buckling your seat belt.”

Although the campaign runs for only a week, the overall goal is to increase seatbelt usage every day of the year. When “Click It or Ticket” began in 1993, only about 65% of North Carolinians wore seat belts. Today, our seat belt usage rate is 89.5%. Not perfect, but a dramatic improvement.

From all of us here at HensonFuerst, have a happy and safe Thanksgiving holiday!

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17
Nov

One Dead In Rowland Crash Involving Three Vehicles

November 17, 2011

A wreck involving a car and two tractor-trailers in Rowland, North Carolina, has left one person dead. According to WRAL News, the accident happened Thursday around 5:00 AM, along the northbound lanes of I-95.

State Troopers say the driver of one of the tractor-trailers crashed after veering into the center of the road and over correcting. The truck then overturned and skid to a halt, blocking lanes in both directions. A car traveling in the same direction behind the truck did not have time to respond to the wreck and the two vehicles collided. Another tractor-trailer traveling southbound swerved to miss the overturned truck and ran over the passenger side of the wrecked car, killing the person in the font seat of the vehicle.

The crash affirms North Carolina’s number six spot on the top ten states with accidents involving tractor-trailers. Reports by the North Carolina Highway Patrol show that most of those accidents occur because of driver fatigue and safety/maintenance issues with the vehicles. Channel 11 News reports that in 2009, out of the 9.3 million trucks that passed through North Carolina weigh stations, 50 percent had maintenance issues that needed to be addressed. Of those, 12 percent were deemed inoperable and taken off the road immediately.

The North Carolina Truck Accident Lawyers with HensonFuerst understand the dangers that tractor-trailers can pose to drivers on highways and have experience helping victims that were involved in accidents with big rigs at no fault of their own. If you have been hurt, get in touch with us today so we can talk with you about your case.

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14
Nov

Toyota, Lexus, Cadillac Recalls

The National Highway Traffic Safety Administration (NHTSA) reports that two large car manufacturers have recalled vehicles:

Toyota, Lexus

This recall affects more than 420,000 vehicles. Toyota is recalling several different models because the amount of adhesive applied between the outer ring and inner ring in the crankshaft pulley may be inadequate.The outer ring could become misaligned, and may not rotate properly. In some cases, the belt for the power steering pump may become detached from the pulley, which could result in a loss of power steering and a sudden increase in steering effort. Because this would happen without warning, it could increase the risk of a crash.

The NHTSA says that the recall is expected to begin during early January 2012, but if your vehicle is on the list, you may wish to call your dealership sooner to see if your car can be checked out. If there is a problem, the dealer will replace the pulley with a new one at no charge.

The affected vehicles are:

  • 2004-2005 Lexus ES 330
  • 2004-2005 Lexus RX 330
  • 2006 Lexus RX 400H
  • 2004 Toyota Avalon
  • 2004-2005 Toyota Camry
  • 2004-2005 Toyota Camry Solara
  • 2004-2005 Toyota Highlander
  • 2006 Toyota Highlander Hybrid
  • 2004-2005 Toyota Sienna

If you have questions, you may contact Toyota at 1-800-331-4331, or the NHTSA Vehicle Safety Hotline at 1-888-327-4236.

General Motors Cadillac

This small recall (affecting just 674 cars) is for model year 2012 Cadillac CTS vehicles manufactured from October 21, 2011, through October 26, 2011. A nut in the brake system may not be torqued to the proper specification, which could result in a loss of ability to brake, which could lead to a “crash without prior warning.”

How do you know if your 2012 Cadillac CTS is affected? The best way to is call your dealership. Ask them to inspect the power vacuum brake boost pushrod retention nut. If necessary, they will adjust the torque. If you have questions, contact GM at 1-800-458-8006, or the NHTSA’s Vehicle Safety Hotline at 1-888-327-4236.


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