What do you do if your identity is stolen?

The Federal Trade Commission has an excellent website that is a one stop resource detailing a multitude of ways that  help you detect, deter and defend identity theft. http://www.ftc.gov/bcp/edu/microsites/idtheft/. Also, you can download many key and outstanding  guides and brochure on these topics. We highly recommend this website to you and your family. www.ftc.gov/idtheft.

 

The Top 10 Ways The US Chamber Hurts Americans

To read more, please visit http://www.fightingforjustice.org/content/top-10-ways-us-chamber-hurts-americans

Protecting Your Children

Protecting Your Children - There have been a number of product recalls lately concerning children that we should update you on. The “Dream On Me” recalls infant swings due to their having a strangulation hazard. This came out October 18, 2012. How does this happen? A child’s body can pass through the opening on the Happy Swing II between the tray and seat or the grab bar and the seat, and then become trapped if the child is not buckled in. Also, certain Evenflo Big Kid Factory Select booster seats shipped between August 6-September 18 have been recalled. As for clothing, Children’s Apparel Network recalls fleece hoodie and t-shirt sets due a violation of lead paint standard. These are sold at Target. The clothing has Snow White, Mickey Mouse, and Cars character designs. When buying various products, it is important that you get on the internet and visit www.recalls.gov. All these and many other problems are easily noted.

Article Featuring Mark Kitrick for Covert Ops Training

http://www.nextavenue.org/article/2012-10/fantasy-camps-young-heart

Industrial miners at high risk of cancer and early death due to exposure to diesel exhaust.

Get the details at http://cancer.gov/newscenter/newsfromnci/2012/DieselMinersPressRelease.

GE Recalls 62,000 Front Load Washers Due to Injury Hazard

Get the details at: http://www.prnewswire.com/news-releases/ge-recalls-front-load-washers-due-to-injury-hazard-172536741.html.

It is that time of  year again when people pull out blankets including electric blankets. We want to warn folks, for safety sake, to make sure that you follow all directions connected to any electric blankets you have at home.  Please pay particular attention to the year and brand of the product.  There have been fires associated with certain models and manufacturers such as Sunbeam.  If your electric blanket is more than ten years old, replace it,even if it seems to be working well.  But even some newer electric blankets have been reported to have caught fire.  Never leave your blanket turned on when unattended. 

Corporate crime is still a major problem in this country and we, as consumers and citizens, must always be on the alert for improper conduct. Pfizer agreed to pay $26 million to the US Securities and Exchange Commission after a probe into the drug maker’s use of illegal payments to win business overseas. Wells Fargo is paying $6.6 million to settle the SEC charge that it failed to inform investors about the risks tied to mortgage securities it sold. Standard Chartered Bank will pay $340 million to settle charges that it “schemed with the government of Iran and hid from regulators roughly 60,000 secret transactions, involving at least $250 billion, and reaping SCB hundreds of millions of dollars in fees.”  The company Blackwater now called Academi LLC has agreed to pay a fine of $5 to $7.5 million for trying to operate  in Sudan in violation of trade sanctions and other arms trade breaches.

Kitrick, Lewis & Harris Co., L.P.A. featured in "Business First."

Click here to view the full article featuring our firm.

For foodborne illness, often a manufacturer is strictly liable for any injuries or death caused by certain bugs or tainted products. A manufacturer is a “product seller who designs, produces, makes, fabricates, constructs, or re-manufacturers the relevant product or component part of a product before its sale to a user or a consumer.”  There is a reason a company is held strictly liable- the only defense is prevention. It does not matter if the manufacturer took all reasonable precautions. If they manufacturer a product that makes someone sick, they are going to have to compensate the victim. Wishful thinking on their part does not help and is not a defense. Bugs such as e-coli and listeria have been found in seeds, cantaloupe, flour, salads/lettuce, and many other products. And they can kill people.

 

Bugs you need to know about:

www.about-ecoli.com

www.about-salmonella.com

www.about-listeria.com

www.about-campylobacter.com

www.about-hepatitis.com

www.about-shigella.com

Underinsured Motorist Coverage: When Auto Liability Coverage is Not Enough

We encourage all current and former clients to protect their families with uninsured and underinsured motorist coverage.  It’s relatively inexpensive and crucial here in Ohio—where motorists only need to carry $12,500 per person in liability coverage.  For helpful information about the proverbial nuts and bolts of underinsured motorist coverage, from the Ohio State Bar Association, please follow this link: https://www.ohiobar.org/ForPublic/Resources/LawYouCanUse/Pages/LawYouCanUse-689.aspx.  

There are some  outstanding government websites dealing with consumer protection, specifically ID theft, medical ID theft, and also there is a good news report on whether buying insurance to protect yourself in the event of ID theft is a worthwhile purchase.

 

First, we recommend that you study the  Federal Trade Commission website pertaining to consumer protection. Check out  http://www.ftc.gov/bcp/consumer.shtm. Through this site there are many categories one can search for specific help, such  as autos, computers, loans, energy, health, ID theft, telemarketing, etc.

For annual reports on credit -  we advise everyone to these reports at least once a year - go to  http://www.ftc.gov/bcp/edu/microsites/idtheft/consumers/deter.html.

 

For medical identity theft, we refer you to http://www.ftc.gov/bcp/edu/pubs/consumer/idtheft/idt10.shtm.

 

For the news article about insurance, read  http://www.ftc.gov/bcp/edu/pubs/consumer/idtheft/idt10.shtm.

Drivers Fight Back Against Towing Company

Two major Columbus-area towing companies, Shamrock Towing and Camcar, have been systematically overcharging drivers whose cars were towed, and a new class action lawsuit, filed Wednesday in the Franklin County Court of Common Pleas, seeks to bring an end to this illegal practice and recover the excessive charges drivers were forced to pay to get their cars back.

 

Ohio law prohibits towing companies from charging more than $90 for towing and $12 per day for storage when they tow a car, but according to the lawsuit, both Shamrock and Camcar regularly charge an additional $30 “administrative fee” that the law does not allow.

 

Bill McCartney, one of the drivers bringing the class action, explained why he felt the need to bring suit. “What upsets me is that there is nothing I or other drivers can do to fight the excessive fees.  Your car is being hostage and if you want it back, you have to pay whatever they demand.”  McCartney noted that he does not object to towing when it is done in accordance with Ohio law.  

 

Fred Gittes, who along with Mark Lewis and Robert Wagoner, all Columbus attorneys, filed the class action, explained that Shamrock and Camcar are among the larger towing companies in the state, and that it appears that charging more than the state towing statute allows is an industry-wide practice in Ohio’s cities.  “Towing companies are basically thumbing their noses at the law, which is intended to allow for towing, but also to protect drivers from unreasonable and predatory charging practices.  After all, once the towing company has your car, you are basically helpless when it comes to what you have to pay to get it back.  You can’t negotiate, you can’t refuse to pay, and in most cases, the person who just got towed has no idea what is reasonable, much less what the maximum allowed rate is.”

 

One of the first steps in the lawsuit, according to Gittes, will be to find out just how widespread this illegal practice has been.  Thousands of people have likely been affected by the policies in place at Shamrock and Camcar, to say nothing of the numerous other towing firms operating in Columbus and throughout Ohio. 

 

For further information, contact Fred Gittes, The Gittes Law Group, (614) 222-4735.  You may also contact Mark Lewis or Stephen Whetstone with Kitrick, Lewis & Harris Co., L.P.A., 614-224-7711. 

 

Click here for Mr. Gittes interview with Channel 10.

 

As we get older we are going to have more body parts fail. Knee, hip, and other implants are becoming more and more commonplace. Before having such  major surgery it is crucial to make sure that your surgeon and the products that a doctor wants to insert in your body are as safe as possible. As for your surgeon, it is critical that you get his or her history, talk to others who have used this doctor, check the local and state listings with the medical boards to find out what kind of lawsuits or complaints have been filed against the doctor if any, find out how many of these surgeries the doctor has done, find out when the doctor feels the best when doing surgeries, find out who the anesthesiologist is and talk to that doctor in great detail about any and all allergies, medications and other issues so that when you are put to sleep you will safely awake, and verify that the doctor you hired is doing the surgery and not an intern or resident or associate or whoever is second in line. Find out when it comes to the product exactly what company has made it, and get all details as to how old the product is, whether there have been any issues or recalls with it, whether it is commonly used or whether it is a “new” product. Do as much research as you can before taking such a major medical step. By  doing so, you greatly enhance your odds of coming out of surgery better than ever with as few problems as possible.

There are many lawsuits between businesses. In fact, such business litigation is commonplace. For instance, retailers recently sued Pfizer for generic Lipitor delays, stating there was a conspiracy to delay sales of Lipitor, the best-selling drug in history. Facebook, Inc. and Yahoo, Inc. have agreed to forge a broad internet advertising and licensing partnership, putting to rest their dueling patent lawsuits. Apple, which has been very actively suing companies, has filed suit against Samsung Electronics Co over patents for technology  used in smart phones and tablets  and it seeks $2.525 billion in damages.  And in another suit Apple is paying $60 million to settle a China iPad trademark dispute. This involved Proview Technology (Shenzhen).

With summer winding down and the new school year gearing up, it's important to remember key safety tips to ensure our kids get to and from school each day safely.  Nationwide Children's Hospital has posted the following key safety tips for students, parents, and community members in general to keep in mind. 

School Bus Safety Tips

• Children riding the bus to school should learn and practice a few safety rules for getting on and off the bus.
• Get to the bus stop early. Do not run to the bus.
• Wait until the bus has come to a complete stop before walking toward it.
• If crossing the street, wait for a signal from the bus driver.  Look both ways to make sure there is no moving traffic from either direction.
• Always cross in front of the bus so the driver can see you.
• If the bus has lap and shoulder belts, use them.
• Once the bus is in motion, remain in your seat.
• If the window is open, keep your arms and head inside the bus at all times.
• Do not stand up to get off the bus until it has completely stopped.
• Only get off the bus at your assigned spot.

Walking Safety Tips

• Children should only walk to school alone if they are old enough and ready to make the walk safely.
• Children are not ready to walk to school without an adult until they are at least 10 years old.
• Younger kids cannot be trusted to make smart traffic choices on their own.
• Plan and practice a safe walking route with your child until she knows it well.
• Use streets with sidewalks, crosswalks and crossing guards. Avoid as many intersections as possible.
• Have children walk with a friend or in a group.
• Talk to your child about what to do if they are approached by a stranger.

Safety Tips for Drivers

• Drivers should be aware of children walking to school or to the bus stop. Everyone can follow a few safety tips to help kids get to school safely.
• When backing out of the driveway, watch for children walking to school or to a bus stop.
• On streets without crossing guards, watch out for children trying to cross the street.
• Be careful on streets without sidewalks or streets with on-street parking. It might be hard to notice a child behind a car.
• Be alert. Children may dart into the street without looking.
• Slow down.

Obey school bus laws. In Ohio, all drivers must stop at least 10 feet from a bus that is picking up or dropping off kids.

Stryker has recalled 2 modular-neck stem hip implant components – the Rejuvenate and the ABG II. The reason is that there are “potential risks associated with fretting and corrosion at the modular neck junction.”  The fretting and corrosion may result in adverse tissue reactions. The implants are not metal-on-metal hips, such as the  DePuy ASR, where both the acetabular cup and femoral ball are made of metal. With metal-on-metal hips, the debris caused by the friction between the metal can lead to adverse tissue reactions around the implant. The recall was triggered by more than 60 adverse events filed with the FDA’s MAUDE adverse event reporting system. Common symptoms of reactions include swelling around the implant site, pain in the groin, thigh, or hip, rash, and fatigue.

HELMETS INCREASE CHANCES OF SURVIVING A CRASH BY 37%

Wearing a helmet on your motorcycle is no doubt the most prudent course of action.  It can save your life. 

According to the U.S. Department of Health & Human Services, “in 2010, helmets saved over 1,500 riders’ lives, but about 700 more lives could have been saved if all riders had worn helmets. . . ‘We’ve seen that helmets reduce the likelihood of death in a motorcycle crash by about 37 percent.’  . . .  In 2010, motorcyclists who wore helmets prevented so much head injury that the total savings to the country amounted to $3 billion.” http://www.hhs.gov/news/healthbeat/2012/07/20120713a.html.

Although riding is more dangerous than driving, we still owe it to our families and friends to give ourselves the best chance at surviving a crash.  Ask a cancer patient how much they’d pay to increase their likelihood of survival by 37%.  You can increase yours for less than a $100.  What’s stopping you?

Almost everyone has cell phones and most people, including young children, put the cell phone up to their heads when talking. However, if you read the manual or instructions that come with the cell phone, you will note that the manufacturer tells you not to do so. Instead, one should use an ear piece instead. There is growing scientific concern after much scientific research (primarily international) which is ongoing that such cell phone use is or will cause brain tumors and other adverse health affects. Many believe that over time, this will be an epidemic. We strongly advise that you use an ear piece and keep the cell phone waves away from your brain.

Food borne illness is almost an epidemic in the United States. Many people do not know it can take up to 72 hours to manifest itself. Most people think you just get better over time but with children and seniors who have immunocompromised systems, that is not true. 125,000 people are hospitalized each year and 3,000 die. If you or a loved one believe you suffer from food poisoning,  it is important to:

- ask the hospital to do any and all blood work ups and tests to prove it;

- keep the receipts of where you bought the food;

- report your illness to the place that got you sick, the Center for Disease Control, and your Health Department so that any outbreak is exposed and so other people are protected;

A couple of practical points to protect you and your loved ones- if you think the restaurant or food is bad, get out.  If the hot water does not work in that place's bathroom, get out.

Transvaginal Mesh went into the market place without rigorous testing and yet still made it through the FDA’s 510 (K) process. As a result thousands of women believed it was  safe. However, many are now paying a terrible price for this mishap. Between 2008 and 2010, almost 3000 adverse events were tied in with the transvaginal  surgical mesh. Numerous researchers and doctors voiced concern that there was not enough safety data and in my view they were correct. The medical complications from the erosion of the mesh can be very severe and debilitating. If you have questions, please call us to discuss. (attach a copy of the article that you scanned and make reference to its date and time too).

Mark Kitrick Is On Your Side!

Mark Kitrick recently spent the evening volunteering with other members of the Columbus Bar Association during ABC 6 - TV's "Ask the Attorney" segment.  Mark spoke with many callers over a two-hour period, answering their various legal questions.

The United States FDA recalls potentially harmful drugs about once every month, but the agency needs to improve its   communication of recalls with doctors and patients. According to the Archives of Internal Medicine over the last 8 years , the FDA failed to send notifications of serious product recalls one out of five times – 20% - through its two electronic systems used to alert physicians and the public. The recalls dealt with what are called “Class I” issues. This means these drugs have the potential to cause “serious adverse health consequences or death.”  Therefore, we recommend that at least every quarter you check the FDA website directly to see whether there are any issues with your medications. Do not depend on the company or your doctor or pharmacist to tell you of a problem!

Natural Gas Pipeline Safety in Ohio

“The condition of Ohio natural gas pipeline network varies by operator. Each operator has the obligation to demonstrate that their piping is in a condition that meets or exceeds the minimum federal safety standards. Most high pressure transmission lines are constructed with protected steel. Lower pressure distribution lines are made from plastic or steel, and older lines may be made from steel, cast iron or copper. Each operator submits an annual report to the PHMSA describing their pipeline network including the type of piping used and number of leaks detected and repaired. This data is available online at http://www.phmsa.dot.gov/pipeline/library/data-stats.”

To read the full story, visit the Public Utilities Commission of Ohio’s website at http://www.puco.ohio.gov/puco/index.cfm/consumer-information/consumer-topics/natural-gas-pipeline-safety-in-ohio/.

Let us update you on  Medtronic Infuse lawsuits.  Infuse is used for lumbar disk surgeries. However, there have been major problems with its “off label” usage. In terms of what is off label or not, the product was only approved for a one level fusion, in the lumbar region of the spine, using an anterior approach known as an ALIF, through the stomach or front of the body.  We have seen cases where the Infuse product was used in a Posterior or PLIF approach through the back, used to fuse multiple levels, used at a higher dose than suggested, and even worse, used in the cervical region.  These cervical uses are the ones that seem to create serious injuries in the patient.  For instance, the doctors are finding bone overgrowth, showing that the product grew beyond its desired results, and this causes nerve and other damage. 

It is important for people to know that the Food and Drug Administration (FDA) begins a 2 day inquiry into whether there are better ways for doctors and patients to monitor the risks involved with all-metal replacement hips. Although such replacement hips seemed  like a very good alternative just  a few years ago, it is now a fact that many such replacements fail far too early and shed tiny pieces of metal into the patient’s body. As a result, often these defective products must be replaced because they cause muscle and tissue damage, and high levels of toxic metal  in the patient’s blood. Serious questions will be asked,  such as how were these products approved, and what did the manufacturers know  when they marketed their products.

In addition to our litigating serious injury and death cases, people should be informed that  our firm protects  consumers and small businesses and has done so for decades. For consumers, we review bad faith denials of insurance claims, whether they be annuities, death benefits, or health insurance claims. We handle consumer class action cases protecting people from improper or illegal taxes, service charges, illusory services, and any other conduct that is wrong and must be fixed. For small companies who make up most of America’s working entities, for a contingency fee – meaning we only get paid if we win – we help small companies  fight others if our clients  have, for example, collection issues, breach of contract claims, and intellectual property disputes. Most don’t know the fact that  the majority of  lawsuits filed in our courts today involves companies suing other companies.

Do You Trust Our Legal System?



A new poll shows that most Americans distrust the legal system. The survey was conducted by Clarus Research Group for Common Good, a government reform coalition, on June 21-25, 2012. The findings include:

·         86% of voters polled say they agree that there is an increasing tendency for Americans to threaten legal action and lawsuits when things go wrong.   

·         67% say that the time and trouble it takes to file a lawsuit discourages many people with legitimate cases from going to court.

·         51% believe that people have become so fearful of frivolous lawsuits that they are discouraged from engaging in normal activities.

·         When asked whether the civil justice system needs to change the way it handles lawsuits, 53% say there is a need for either fundamental change or the complete rebuilding of the system; 39% say there should be minor changes; and only 6% say they want to keep the system as it is.

Source:http://www.prnewswire.com/news-releases/new-nationwide-poll-most-voters-distrust-us-legal-system-160429725.html

These findings confirm what many lawyers who care about our legal system have long believed: the legitimacy of our courts and our laws depends mainly on our ability as lawyers to demonstrate fairness and competence in our day–to–day dealings with litigants and the public.

When you go into the hospital for surgery, it is very important that you do the following, all to  best protect yourself:

-       Make sure you personally meet with the anesthesiologist and review in detail your medical history (including any and all allergies) and ask the doctor what problems can be expected with the drugs they are going to use. If you have had any prior problems with anesthesia drugs, please tell the doctor. Also, tell the doctor that you want your airway protected as much as possible. Finally, ask the doctor how many surgeries he or she  have had that day and if the doctor is tired.

-       If at all possible, have a family member or good friend with you. You want someone to be your advocate.  

-       If you are getting surgery to any body part, such as a knee surgery, mark the knee that is being operated on,  so that everyone knows what body part is being operated on.

-       Make sure you tell all the doctors what medicines you are taking so they can ascertain if any of the medicines might cause complications.

-       If you have sleep apnea, make sure this is clearly marked in your file and you tell everyone you want protection in this regard.

-       If something does not feel or seem right, you are probably correct in your belief and tell the doctors or nurses immediately. Never hesitate to speak your mind.

-       Make sure you have given a family member or friend a durable power of attorney and that you have completed your will, trust and other documents that pertain to your wishes.

Ohio to Adopt New Cell Phone Laws

Governor John R. Kasich has signed into law the texting & driving legislation approved by the state Legislature. The ban takes effect at the end of August, 90 days after Kasich’s signing. A six-month warning period will follow.

The new law has two levels of enforcement: There is only secondary enforcement for adult drivers who text message. This means that police need another reason to stop and cite violators, such as weaving or speeding. For drivers under the age of 18, texting and use of other portable electronic devices will be a primary offense.

Fines for adult violators: $150. For teen violators, fines top out at $300 with possible loss of the driver’s license.

Washers and Dryers

Clogged clothes dryer exhaust hoses and lint filters cause approximately 15,500 fires a year and at least 10 deaths. Clean out the dryer lint filter each time after use, and at least twice a year it is crucial to inspect and clean out the vent hose for lint accumulation. Most people forget to do this and this is typically what causes the fires.

An Invisible Danger

Even if the tire looks fine, once it is 6 years old it could be ready to rip apart on the inside. Aging tires begin to deteriorate, dry out, and develop adhesions. The tire breakdown can cause tread separation, which can lead to catastrophic tire failure. Often, service technicians may replace flat tires with tires older than 6 years. Please check your tires and if they are obviously worn or look fine but are 6 years old or older, purchase new tires immediately. This is the safest thing you can do to protect you, your family, and others on the road.

WellCare Healthcare Plans, Inc. will pay $137.5 million  to the federal government and nine states (Connecticut, Florida, Georgia, Hawaii, Illinois, Indiana, Ohio, Missouri, and New York) regarding its violations of the False Claims Act and Medicare, where it provides managed health care services to 2.6 million Medicare  and Medicaid beneficiaries. Knowingly retaining overpayments and falsifying data were some of the charges brought initially by four whistleblowers. To date, thanks to the brave employees and lawsuits restitution is now $217.5 million.