Ohio Supreme Court Decision

The Ohio Supreme Court in Sutton v. Tomco Machining, Inc. has recognized a common- law tort for wrongful discharge in violation of public policy - retaliatory action- when an injured employee is fired after being hurt on the job but that employee has not yet filed a workers' compensation claim. The employee must prove that the employer lacked an overriding business justification for being fired and the employee's damages are set forth in R.C. 4123.90.

Med Pay: Ohio Supreme Court Decision

A recent Ohio Supreme Court decision allows health care providers (doctors, hospitals, therapists and other health care companies) to directly bill a person's auto company under the Medical Payment ["Med Pay"] provision first, that is before billing that person's health insurance company. We find this ruling to seriously impact consumers as often consumers need their Med Pay for other more personal needs, such as deductibles, co-pays, prescriptions, out of pocket expenses, and living costs. In other words, consumers do not want their Med Pay to be used up by providers when the consumers have health  insurance that should first  pay their health bills.

So, after years to telling people that they should purchase Med Pay when they buy automobile insurance, we are changing our opinion. First, if someone has health insurance, then it is far less preferable that the person buy Med Pay.  This will save the consumer money. Second, we believe that a consumer has the right to tell his or her auto carrier NOT to pay Med Pay to any providers and that the control of where these funds go should be with the consumer, not with the health providers. Third, we strongly encourage consumers to contact their car agent and discuss these matters as soon as possible.

Contingency Fees- The Key to the Courthouse, even When They Change the Locks

Recently, our partner Sean Harris wrote an article published in the Central Ohio Association for Justice journal.  The article spoke about the importance of contingency fees, stating "the fees provide the key to the courthouse for poor and indigent people with meritorious claims who could not otherwise afford a lawyer."  Also the use of contingency fees "level the playing field with the corporations and insurance companies that can affford to hire the best or highest-paid lawyers around."  To read more click on the link below to download the full journal:

 Sean Harris Article- The Communicator

Generic Drug Ruling

           In a major blow to consumer claims, the United States Supreme Court in Pliva, Inc. v. Mensing has ruled that generic drug manufacturers cannot be sued or be liable for failing to warn consumers of the drugs’ dangers. The Supreme Court decided, in a 5-4 ruling, that even though generic drug manufacturers could have sought approval from the FDA for a stronger warning label and are supposed to do so, the generic manufacturers’ inability to unilaterally change their drugs’ labels in advance of FDA approval meant that it was “impossible” for them to comply with both federal and state law.

What are some of the key personal implications to you? We strongly  recommend that you read very closely all labels for any generic drugs you are taking or are prescribed, and then discuss all your concerns or questions  with your doctor and pharmacist before ingesting these medications.

Columbus City Council Radio, Special Guest Mark Kitrick

Our President Mark Kitrick was  featured on the August 13, 2011 Columbus City Council Radio program. Mark was brought on to the program to help us understand what type of insurance coverage we need. Many Ohioans are not aware, Ohio has the second lowest requirement for liability coverage of the "at fault driver," -the person who caused the crash.  Our state only requires $12,500 per person or $25,000 for multiple people,  no matter how severely a person is injured. This is why uninsured or underinsured motorist coverage is so important. The coverage would take effect on from your own policy in the incident that you are hit by someone with low coverage.

For the full interview, Click: http://www.columbuscitycouncil.org/uploadedFiles/City_Council/News/Media/2011/8-13.mp3

Or visit the website at: www.columbuscitycouncil.org clicking on council news, then media, and then it's the 8/13/2011 show.  

Uninsured & Underinsured Coverage

 As many know, we represent the Estate of Michelle Kazlausky. Michelle was tragically killed by an uninsured driver of a truck when she was riding her bicycle, along with many others, in the Pelotonia race (to find a cure for cancer) last August 21. She left behind two sons who are now living together without their mother, who was long time employee  of The Ohio State University Hospital.  

From this tragedy the family, led by Michelle’s twin sister,  Patricia Byerly, has been educating people how important it is to buy  Uninsured and Underinsured Motorist coverage on one’s car. Many do not know but this  coverage protects  them when walking or riding a bike, even if not in their car or even near their car. This coverage applies when  one is hurt or killed by someone who is driving a car and there is no liability insurance. It is now one year since the horrible incident and we encourage you to call your agent and make sure you have this crucial coverage.

DePuy Hip Recall Affects Thousands

In 2003 the FDA approved the DePuy ASR XL Acetabular System total hip replacement, a more traditional hip replacement that involves a socket and metal cap attached to the femur to preserve more of the bone.  The product has been used in over 90,000 hip replacements.  In August 2010, DePuy, a division of Johnson & Johnson, recalled the devices because of high failure rates.  This came 2 years after the FDA began receiving complaints.  About 12% of patients who received the ASR total hip replacement needed hip revision surgery.  Johnson & Johnson and DePuy Orthopaedics have already started to reach out to many recipients of their recalled product.  If you have received any correspondence from either party, be extremely careful about signing any paperwork.  For example, you may be signing a waiver that could prevent you from pursuing legal action against either company.  If you have received an Acetabular hip replacement, please contact our office (614) 224-7711 or visit our website http://www.KLHLaw.com to further understand your legal rights.