Sweeping Series of Consumer Protections are Enhancing Fliers' Rights

The Department of Transportation [“DOT”]  created new regulations for all airlines effective  August 23, 2011.  For instance, the 3-hour tarmac-delay limit, enacted in April 2010, used to apply only to domestic flights at medium and large hub airports.  The D.O.T. is now adding small and non-hub airports to this list.  International flights, previously exempt, will now have a 4-hour tarmac limit.  With this regulation, almost every U.S. airport will now be covered.  The D.O.T. is also increasing compensation to passengers who are bumped from flights involuntarily.  Fliers are now entitled up to $1,300 for delays of more than 2 hours, for flights originating in the United States, which is an increase from the previous $800.  This means that the airlines have less incentive to bump travelers from their original flights.  Also taking effect in October, airlines will be required to display more accurate airfares to fliers so as to  include taxes, fees, and other mandatory charges in a ticket’s price which one normally does not see now.  Along with this, optional fees such as checked luggage and meals must clearly be disclosed on the airlines’  websites.  The new D.O.T.’s regulations mark a high point in air-traveler protection and fliers’ rights.  For a full list of all regulation changes and your rights as a passenger, please see the Department of Transportation’s website: http://www.dot.gov.

Should doctors admit their mistakes to lower litigation costs?

Five New York City hospitals have agreed to start a pilot program to divulge medical mistakes early.  This program hopes to cut costs for medical-malpractice suits by offering settlements quickly and using special state “health courts,” where judges will help negotiate settlements before trial.  The federally funded program “aims to cut the $1.4 billion spent annually in New York State on medical-malpractice premiums,” hospital and state officials say.  This is one of several programs to encourage hospitals to acknowledge and reduce medical errors.

DuPont Imprelis

Last October DuPont introduced an herbicide, Imprelis, that claimed to control a wide range of broadleaf weeds, including dandelions, clover and plantains..  Unfortunately, it turned out that the herbicide also was killing many trees.  After a few months of denial and after being sued in various states, the past week DuPont admitted that the “damage that has been reported appears to be affecting sensitive tree species, primarily Norway spruce and white pine, the majority of which are concentrated in a geographic band that includes Minnesota, Michigan, Indiana, Ohio, Pennsylvania, New Jersey and Wisconsin.”

If you, your company, or someone you know has had difficulty, i.e. dead trees, with this product, please give our firm a call for a free consultation at 614-224-7711 or visit our website at http://www.KLHlaw.com

Hot Weather Causes Severe Injuries to Soar:

     Central Ohio hospitals report a surge in severely injured patients this year compared to 2010, especially the past few months.  The hospitals typically anticipate seeing treating more trauma patients from April to October, which has been dubbed “trauma season.”  But this year has been busier than ever.  According to the Ohio Department of Safety the most common injuries are falls, vehicle crashes and then assaults.  Experts attribute this spike to Ohio’s population growth over the past decade, and also to poor decision making.  “We’re a mobile society, and people are doing the darndest things,” said Dr. Doug Paul, trauma director at Grant Medical Center.  To view the full article posted by the Columbus Dispatch go to::

http://www.dispatch.com/live/content/local_news/stories/2011/07/26/a-traumatic-increase.html

Beware of What You Post:

We all know that what we post on social media sites are forever out in cyberspace; but could what you post be called into question in a trial?  The scary truth, what you post could be used against you.  In a recent court decision Zimmerman v. Weis Markets Inc. the plaintiff stated in a deposition that the scar on his leg changed his life dramatically; he was unable to enjoy the life he once had.  Defense counsel reviewed the public portion of Zimmerman’s Facebook and MySpace pages and discovered that the plaintiff was going about his normal life.  The defense sought access to the nonpublic portions of Zimmerman’s pages, which Zimmerman and his attorneys opposed based on his privacy interests.  The court sided with defense counsel noting that “liberal discovery is generally allowable, and the pursuit of truth as to alleged claims is a paramount ideal.”  There are still limitations on the scope of discovery, however in today’s society the internet is fair game for information.  For more information and discovery tips for counsel view the full article:  http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202499810802&Digging_Up_Social_Medias_Treasure_Trove_of_Discovery=&src=EMC-Email&et=editorial&bu=LTN&pt=Law%20Technology%20News&cn=20110719_ltnda&kw=Digging%20Up%20Social%20Media's%20Treasure%20Trove%20of%20Discovery&slreturn=1&hbxlogin=1

Ohio in the News: Major Legal Victory for Healthcare Reform

The story of a Cincinnati Court of Appeals decision hit only one network newscast last week along with a select few major newspapers, but the verdict is widely viewed as a major victory in the healthcare reform battle.  On Wednesday of last week a three-judge panel of the US Circuit Court of Appeals for the 6^th Circuit in Cincinnati, upheld the constitutionality of a key part of the healthcare reform law – the requirement that all Americans purchase health insurance.  The ruling is the first of three expected soon from appeals courts that heard arguments on the new law in recent months.  Cincinnati was the fourth federal court to find the law constitutional.  However, two other courts said that congress exceeded its powers.  So why is this a major victory for those who favor the healthcare reform law?  This is the first decision by an appeals court and the first time that a Republican-appointee has voted to uphold the law.  For more information regarding this story visit NBC new or go to: http://www.msnbc.msn.com/id/43579556

New Generic Drug Law

SCOTUS Decision in Pliva v. Mensing Affects 70 Percent of All Drug Prescriptions

Washington, DC—Today’s U.S. Supreme Court decision in Pliva v. Mensing is a disastrous outcome for patient safety, giving generic drug companies legal immunity when they ignore harmful side-effects of the drugs they manufacturer and profit from.  This decision eliminates any incentive for generic manufacturers to ensure their drug is safe and adequately warn consumers of their drugs’ potential dangers.

For the full article see this AAJ announcement with complete drug listing.