Sieben, Grose, Von Holtum & Carey

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"Tort reform" Shifts Cost to the Public

kos@knowyourrights.com (Sieben, Grose, Von Holtum & Carey) — Fri, 09 Apr 2010 14:22:00 +0000

Although most of us have heard about the concept of "tort reform," many really don't understand what the concept really means. Here is a great overview of what tort reform really is. http://ow.ly/1v50F

Art Kosieradzki

Attorney at Law

Sieben, Grose, Von Holtum & Carey, LTD.

20876 Holyoke Ave PO Box 1253,

Lakeville, MN 55044

direct: 952-469-2288 ext:401

Slip and Fall Injuries

noreply@blogger.com (Sieben, Grose, Von Holtum & Carey) — Fri, 26 Mar 2010 15:37:00 +0000

Minnesota Winters cause many of us to slip and fall. Some of these falls lead to serious injuries.

It is not only the snow and ice that we must contend with. Sometimes we encounter slippery or dangerous conditions in the retail stores we shop in. Spilled fluids or misplaced products and tools can lead to life changing injuries.

Many injuries occur in the retail industry due to slips, trips and falls on slippery floor surfaces or in cluttered walkways. To avoid these injuries, a bit of caution can go a long way.

“Clean up spills right away or mark the area to warn others and report the spill to your supervisor.” http://www2.worksafebc.com/PDFs/small%20business/retailworker.pdf

After the fall it is important to record the names and contact information of any witnesses. Have someone photograph the area before the danger is cleaned up. Check
for surveillance cameras and question store employees about obtaining a copy of the video tape.

Although many of these dangers could easily have been prevented by proper maintenance, claims for compensation for injured victims are aggressively defended. It is important to preserve as much evidence as possible.

Jeffrey S. Sieben

Attorney at Law

Sieben, Grose, Von Holtum & Carey, Ltd.

800 Marquette Avenue, Suite 900

Minneapolis, MN 55402

direct: 612-333-9713

cellular: 651-336-1925

Obscure Dangers Arise from the Element of Fire

noreply@blogger.com (Sieben, Grose, Von Holtum & Carey) — Fri, 19 Feb 2010 16:32:00 +0000

Empedocles was a Greek philosopher who reasoned that there were four working elements in all matter: Earth, Air, Water and Fire. Each element possesses a power in its way, via earthquakes, volcanoes, floods, monsoons or hurricanes. Snugly situated in the center of the continent, far from any active volcanoes, oceans or fault lines, Minnesota is practically impervious to these horrendous natural disasters. Our location does not shield us from fire, however, and our very lifestyles often invite this dangerous element right into our homes.

Back in November of 2009 we discussed the crucial need for smoke alarms in our homes, but fire has many faces. While fireplaces cause approximately 14,000 house fires each year, they cause countless additional injuries without starting the house on fire. One such obscure danger is the glass panel that separates the fire from the living room. Sieben, Grose, Von Holtum & Carey was hired by a family many years ago whose young child fell into the fireplace door at his daycare and sustained terrible burns to his hand. Young children are often targets for injuries caused by fireplaces, and they make up a majority of the 6,000 people that end up in emergency rooms for injuries associated with fireplaces and fireplace equipment.

It is imperative that you know how to use your fireplace, and that you follow all safety rules and guidelines associated with it. Below is a link to some basic fireplace safety tips from Cottage Grove’s Fire Department.

http://www.cottage-grove.org/fire_tips_fireplace.htm

Above all, know how to use your fireplace and educate your children about the hazards involved. Remember, DO NOT LIGHT A FIRE unless you are absolutely certain that you know how to safely start, maintain and extinguish that fire. We still have about three months of winter left, Minnesota. Let’s keep it safe.

Cory P. Whalen, Attorney at Law
Sieben, Grose, Von Holtum & Carey, LTD.

Tort Reform: Just What The Insurance Company Ordered

noreply@blogger.com (Sieben, Grose, Von Holtum & Carey) — Thu, 21 Jan 2010 15:30:00 +0000

Tort reform has been skirting the edge of federal-level action for some time now. State-level tort reform allowed for a ‘trial run’ of sorts, and the results are surprising… or are they?

- The Complaint: Insurance premiums are at an all-time high.

- The Proposed Reason: Because of the multitude and magnitude of settlement pay-outs the insurance companies are forced to make, largely due to “frivolous lawsuits” that gum up the gears of our legal machine.

- The Solution: Tort Reform.

Tort reform takes many shapes. In the mid-80s, each state adapted their own style of tort reform in response to high premiums. Today, each state is again selecting their favorite style: limiting noneconomic damages, restricting punitive damages, reforming joint-and-several liability rules. There is the option of offering federal payments as incentives to states that successfully improve the liability system and reduce lawsuits. Another option is to require litigious patients to first obtain a certificate from a panel of medical experts, showing that their case has merit. Another experiment is a program in which doctors disclose mistakes early, apologize, and then try to negotiate a payment to the patient.

http://uspolitics.about.com/library/bl_tort_reform_state_table.htm - Specific avenues of tort reform that have been adopted by various states throughout America.

Nevertheless, physicians and insurance companies across the country continue to demand further tort reform. Is it really that surprising? The insurance companies are the real benefactors! State-level tort reform was recently subject to a study by the American Association for Justice, the nation’s largest trial lawyers’ group. The AAJ analyzed data from the National Association of Insurance Commissioners and insurance companies’ annual statements. The resulting report revealed the following:

- In states where tort reform had been implemented, insurance companies were pulling in roughly 24% more in profits.

- In 2008, the insurers in these same states took in three times more in premiums than they paid out.

- In contrast, 98,000 people die per year due to medical errors.

http://www.justice.org/clips/Insurance_Company_Handout.pdf - The AAJ’s report.

http://prescriptions.blogs.nytimes.com/2009/08/31/would-tort-reform-lower-health-care-costs/ - Article on tort reform, along with an interview with Tom Baker, a professor of law and health sciences at the University of Pennsylvania School of Law and author of “The Medical Malpractice Myth.”

Tort reform is not the answer. AAJ President Anthony Tarricone stated, “Insurers cried wolf and demanded tort reform, only to pocket the profits and never pass savings onto physicians or patients.” Tort reform does not lower insurance rates, health care costs or doctors’ premiums. Instead, it economically injures those who are already physically injured, and alleviates the pressure on medical professionals to avoid careless medical errors.

“We have an epidemic of medical malpractice, not of malpractice lawsuits.” ~ Tom Baker, University of Pennsylvania law professor

“The major problem out there is medical errors that are not compensated, rather than frivolous claims that are compensated.” ~ William Sage, University of Texas at Austin Vice Provost for Health Affairs.

Cory P. Whalen, Attorney at Law
Sieben, Grose, Von Holtum & Carey, LTD.

Driving Drunk Kills More than just the Holiday Spirit

noreply@blogger.com (Sieben, Grose, Von Holtum & Carey) — Tue, 22 Dec 2009 20:20:00 +0000

We can expect a very white Christmas this year; virtually the entire state will be covered by Christmas. The Swans-a-swimming, Geese-a-laying, Turtle Doves, Partridges and all the others will be conspicuously absent as they have all flown south to warmer climes this winter. Courageous and hardy Minnesotans, however, will brave the elements during our private arctic expeditions as we journey to our respective holiday gatherings and festivities. We at Sieben, Grose, Von Holtum & Carey would like to remind you all to take the necessary precautions this Christmas and holiday season when traveling, especially if you have been drinking.

Mother Nature has an endless store of challenges and treacheries for Minnesotans during the winter season. The country’s southeast has its hurricanes, the west has its earthquakes, and Minnesota has its blizzards, freezing rain, white-outs and black ice. Travel conditions are risky enough without adding alcohol to the gamble, but unfortunately, alcohol-related deaths in Minnesota are not uncommon. 1984 was the worst year in the history of the state, with alcohol-related deaths reaching a staggering number, at 332. We increased our caution, counsel and care after that, and by 2008, this number dropped to 161 deaths. Out of all traffic fatalities that year, 30% involved a Blood Alcohol Concentration (BAC) of 0.08 or higher.

One of the very first “statistics” in 2008 was the tragic tale of the Minnesota police officer who had his wife with him for a ‘ride along’ on New Year’s Day. In the early hours of the morning, a young woman was driving her vehicle on the wrong side of the freeway and struck his vehicle head-on, killing the officer’s wife almost instantly. The woman who struck the police vehicle was so drunk that she couldn’t even remember the accident. We were able to recover a favorable sum for her husband and next-of-kin, but no sum could ever replace her as a grandmother, a sister, a mother, a wife. Alcohol is a dangerous variable to add to any situation where a vehicle is involved, a fact that is compounded tenfold if the roads are covered with snow and ice.

To ensure that everyone has a safe and happy Christmas season this year, we urge you to be cautious when driving, and conscientious when drinking. Remember, your life is not the only life you put at risk when you do not act responsibly. Links to penalties, laws and alternatives to drinking and driving are provided below:

http://www.house.leg.state.mn.us/hrd/pubs/dwiover.pdf

- Penalties and Laws in the state of Minnesota regarding drunk driving

http://www.dexknows.com/local/transportation/passenger_transportation/taxis/geo/c-blaine-mn/

- Taxicab companies that service the state of Minnesota, searchable by city (be sure to check if the cab company servicing your area is running on Christmas and Christmas Eve)

Let’s pull together as a state and lower those statistics even further. While preparing for parties, vacations and gatherings this Christmas, don’t forget to plan ahead for safe lodging and transportation, especially if you will be drinking. Here at Sieben, Grose, Von Holtum & Carey, we would like to wish you all a very safe and happy holiday season. Merry Christmas and Happy New Year!

Cory P. Whalen, Attorney at Law

Sieben, Grose, Von Holtum & Carey, LTD.

Winter Bicycle Commuting

noreply@blogger.com (Sieben, Grose, Von Holtum & Carey) — Mon, 07 Dec 2009 02:19:00 +0000

Safety is always our first concern when commuting by bicycle. I enjoy commuting by bicycle as often as my schedule permits. Remember that snowy days can create additional hazards for us on the roadways we share with motor vehicles. Metro Transit provides a safe alternative when the bike lanes have not been fully cleared of snow.

Visit http://www.metrotransit.org/riderprograms/grh.asp to learn more.

The City of Minneapolis provides some guidelines when you find yourself sharing the road with motor vehicles. http://www.ci.minneapolis.mn.us/bicycles/accidents.asp.

Some of the best advice is to position yourself as a motor vehicle would when waiting at an intersection. Hugging the curb near other vehicles can lead to an accident when inattentive drivers turn into you. This is the cause of 30% of our local bicycle vs.. motor vehicle crashes.

Enjoy your 2009/2010 winter commute and drive safe.

Jeffrey S. Sieben

Attorney at Law

Sieben, Grose, Von Holtum & Carey, LTD.

800 Marquette Avenue, Suite 900

Minneapolis, MN 55402

direct: 612-333-9713

fax: 612-333-5970

website: http://www.knowyourrights.com

Cellular telephone (651) 336-1925

A Working Smoke Alarm Can Save Lives

noreply@blogger.com (Sieben, Grose, Von Holtum & Carey) — Fri, 13 Nov 2009 20:11:00 +0000

It’s fall in Minnesota! As the weather turns colder, the clocks turn back, the heaters turn on, and the risk for fire burns sky-high. Now is the time of year to check the batteries to your smoke detectors. At Sieben, Grose, Von Holtum & Carey, we see an unfortunate number of accidents resulting from fire. One young boy died several years ago of smoke inhalation at a birthday party sleep-over because the parents of the house failed to check the batteries in their smoke alarm. He and several other party-goers would be alive today if a functional smoke detector had been in place. We urge you to protect the lives of yourself, your friends and your family, and make sure your smoke detector is up-to-date, has new batteries installed, and is in full working condition.

Most residential smoke detectors run on 9-volt alkaline or carbon-zinc batteries. When these batteries run down, the smoke detector becomes inactive. Most smoke detectors will signal a low-battery condition, but you should not rely on this to warn you to check the batteries. It is estimated that any given time, roughly 30% of the homes in the US and UK do not have working smoke detectors, simply because users remove the batteries, or forget to replace them. One simple way to remember to check your smoke alarms each year is to associate this necessary safety act with the inevitable act of turning your clocks back each fall. This year, firefighters handed out free batteries on November first to remind everyone to check the batteries in their smoke alarms when they turned their clocks back.

Here is a link to some tips and instructions when choosing, checking, or installing a smoke detector in your home:

http://www.howtodothings.com/home-and-garden/a4446-how-to-install-a-smoke-detector.html

Please be safe this fall; remember that a working smoke detector could end up saving your life, or the life of someone precious to you.

Cory P. Whalen, Attorney at Law

One Million Strollers Reported To Be Recalled

noreply@blogger.com (Sieben, Grose, Von Holtum & Carey) — Tue, 10 Nov 2009 15:23:00 +0000

ABC World News reported that, "Some of those popular strollers in the country are being recalled after reports that children have been seriously injured. About a million Maclaren strollers sold since 1999 are being recalled after about a dozen children have gotten their finger tips amputated by a hinge." It has been further reported that "Maclaren will give owners a protective cover to put over the hinges." The recall includes the following stroller models: Volo, Triumph, Quest Sport, Quest Mod, Techno XT, TechnoXLR, Twin Triumph, Twin Techno and Easy Traveller. They have been sold at Babies "R" Us, Target and other stores around the country since 1999." The strollers "were manufactured in China and distributed by Maclaren USA Inc of South Norwalk, Conn." The New York Times reports that Maclaren "had received 15 reports of children placing their fingers in the hinge mechanism, resulting in 12 reports of fingertip amputation, the safety commission said. The risk occurs when a child's finger is placed in the hinge mechanism of a stroller while it is being unfolded and locked into place."

If you have one of these types of strollers it would make sense to get them repaired immediately before something happens to your child. The Consumer Product Safety Commission is an excellent resource to get further information.

Art Kosieradzki

Are Hunting Accidents Crimes?

noreply@blogger.com (Sieben, Grose, Von Holtum & Carey) — Mon, 09 Nov 2009 16:42:00 +0000

Fall brings hunting season to Minnesota. Deer hunting, pheasant and grouse hunting are my favorite types of hunting. Each Fall we learn about horrible accidents that leave people injured or dead as a result of another shooter's negligence. Many times these incidents do not result in criminal charges. The victims are left to suffer and the shooters are left to ponder their actions. http://www.fieldandstream.com/blogs/hunting/2009/06/discussion-topic-are-hunting-accidents-crimes

I do not write this message to create the sense that hunting accidents are creating too great a risk. Hunting would seem more prone to accidents and fatalities than outdoor activities that don't use firearms. Not so. According to National Safety Council statistics, far more people per 100,000 participants are injured while bicycling or playing baseball than while hunting. And the Council's most recent statistics show that while roughly 100 people die nationwide in hunting accidents each year, more than 1,500 die in swimming-related incidents.

One reason for hunting's safety record: Most states require young hunters to pass a firearms safety course. In Minnesota alone, 4,000 volunteer instructors give firearms safety training to 20,000 young hunters each year.

http://www.dnr.state.mn.us/hunting/tips/myths.html

When safety is ignored, help is available for the injured. Often times homeowners insurance policies will cover negligent acts of a shooter. Compensation can help replace the losses that families suffer from negligent shooting.

Jeffrey S. Sieben

Attorney at Law

Sieben, Grose, Von Holtum & Carey, LTD.

800 Marquette Avenue, Suite 900

Minneapolis, MN 55402

Cell Phone : (651) 336-1925

direct: 612-333-9713

fax: 612-333-5970

website: http://www.knowyourrights.com

GAO Faults FDA For Failing To Follow Up On Unproven Drugs

noreply@blogger.com (Sieben, Grose, Von Holtum & Carey) — Mon, 26 Oct 2009 14:29:00 +0000

The AP has reported that the FDA "has allowed drugs for cancer and other diseases to stay on the market even when follow-up studies showed they didn't extend patients' lives" or the makers did not perform follow-up studies. The report goes on to criticize the FDA's "so-called 'accelerated approval' program, which is only used to approve drugs for the most serious diseases." The program allows drugmakers to bring products to market sooner under the condition that they conduct follow-up studies. The GAO "identified several drugs still on the market that never lived up to their initial promise" and noted that in the program's 16 years the agency "never once pulled a drug off the market due to missing or unimpressive follow-up data." The FDA reports that it has "overhauled [its] tracking system since the GAO completed its report." Principal Deputy Commissioner Dr. Joshua Sharfstein said that the FDA does not have a policy for pulling the drugs off the market because "we don't want to lock ourselves into a specific set of criteria." He "added that the agency has a task force assigned to look at policies like drug withdrawals."

Art Kosieradzki

FDA Urged To Include More Drug Safety Information On Labels

noreply@blogger.com (Sieben, Grose, Von Holtum & Carey) — Thu, 22 Oct 2009 14:05:00 +0000

In a recent article the AP reports, "In this week's issue of the New England Journal of Medicine, researchers from Dartmouth College argue that drug labels don't reflect the nuanced decisions the FDA makes when deciding to approve a drug." The editorial by Drs. Lisa Schwartz and Steven Woloshin say that "much of what the Food and Drug Administration knows about a drug's safety and effectiveness is not included on the label" and recommend "easy-to-read fact boxes to help patients weigh the benefits and risks of medications." Schwartz said, "just because a drug is approved doesn't mean it works very well." She used Lunesta [eszopiclone] as an example, noting that the anti-insomnia drug only helped patients fall asleep 15 minutes faster. "FDA review documents can also hide critical safety information," such as with Zometa [zoledronic acid], where the information about death rates is missing from the label. "Earlier this year, the FDA's panel of communication experts recommended the agency adopt fact boxes for all announcements about drug risks and benefits."

Art Kosieradzki

Railroads Misconduct "Staggering"

noreply@blogger.com (Sieben, Grose, Von Holtum & Carey) — Tue, 20 Oct 2009 15:29:00 +0000

The ruling by Judge Maas in Anoka ordering BNSF RR to pay over 4 Million Dollars in sanctions for misconduct was historic, and necessary to uphold the rule of law in our Minnesota courts. Misrepresentation to the Court, and parties, delaying tactics, spoliation or loss or destruction of critical evidence, obstruction of law enforcement, all revealing a pattern of behavior designed to hide the truth from the families of four young people who died in a RR crossing accident, was so "staggering" that Judge Maas had no alternative but to sanction the railroad, in order to punish them, and deter this kind of behavior in the future.

It is a privilege to represent injured people and work on their behalf to find justice and fight for a fair resolution of their claims. I am proud to have done so for almost 30 years now. In almost every case, the parties and counsel act with integrity and fairness, and treat each other and the court with respect and dignity. In this case, sadly, the opposite was true, and ultimately it became the task of the presiding Judge to invoke the inherent powers of the Court in order to restore fairness, in the form of a sanction to reimburse some of the extraordinary costs incurred by the parties; to compensate the families for the delays caused in getting to trial in the first place, and to force the RR to "disgorge" earnings it enjoyed that rightfully belonged to the families of the victims.

The case is not settled. No compensation has yet to be paid by the RR, which recently issued press statements saying it would appeal. The families involved, including the family I represent, who lost their son, Harry James Rhoades Jr., will continue to fight on, until the case is ultimately concluded. One thing more is certain: we will continue to play by the rules, because that's the way we always practice law, because we who enter courtrooms and try cases for our clients have high ethical and moral standards and value our good reputation and good name. We have and always will welcome a fair fight, and call out to account those who try and hide the truth by cheating.

http://www.startribune.com/local/east/64462297.html?elr=KArksLckD8EQDUoaEyqyP4O:DW3ckUiD3aPc:_Yyc:aUUsA

http://www.twincities.com/allheadlines/ci_13581822?nclick_check=1

Bill Bongard

Icy Conditions

noreply@blogger.com (Sieben, Grose, Von Holtum & Carey) — Thu, 15 Oct 2009 20:06:00 +0000

Many Minnesotans suffer serious injury from sudden falls.

Many of these injuries could have been easily prevented. It is your duty to salt and sand icy conditions and walking paths. Minnesota law allows a reasonable time period after a snow storm to salt and sand. If you own your own property and are expecting customers or guests, you should take steps to make sure your walkways are clear of ice. Generally, a failed attempt to remove snow and ice can create an artificial condition subjecting the one who created the condition to liability. Kragel v. Wal-Mart Stores, Inc. 537 N.W.2d 699, 707 (Iowa1995).

Many of these serious often orthopedic injuries can be prevented through more diligent monitoring of walkways. Please walk carefully and if you are a home or business owner, remember to salt and sand after snow storms.

Jeffrey S. Sieben

Cellular telephone: (651) 336-1925

Office: (612) 333-9713

Medicare's Debt Collection Methods Seen As Harming The Elderly

noreply@blogger.com (Sieben, Grose, Von Holtum & Carey) — Fri, 09 Oct 2009 13:25:00 +0000

In a recent column in Mother Jones , Stephanie Mencimer wrote, "In recent years, Congress has pushed Medicare to aggressively pursue debts from injured elderly people who have won compensation through lawsuits or liability insurance." For people "on the receiving end of the collections process-mostly elderly car accident victims...it can be a traumatic ordeal." After "forcing plaintiffs' lawyers to serve as Medicare's debt collectors failed to produce the desired results, Congress passed new debt-collection measures as part of the 2007 SCHIP reauthorization. The insurance companies will now need to report any settlements or judgments involving Medicare beneficiaries to CMS. If a Medicare beneficiary fails to reimburse the agency for health care costs it paid, the agency can punish the insurance company with double damages." But "the prospect of harsher penalties is already leading to insurance company overkill that, combined with Medicare's bureaucracy, has kept some elderly folks from receiving money that's rightfully owed them."

Art Kosieradzki

Expert Panel Says Malpractice Cost Fears Overstated

noreply@blogger.com (Sieben, Grose, Von Holtum & Carey) — Thu, 08 Oct 2009 14:19:00 +0000

McClatchy in a recent report indicates that "curbing medical malpractice litigation isn't the 'silver bullet' that's needed to slay the werewolf of rising health care costs." The panelists of legal, medical, and economic experts organized from the O'Neill Institute for National and Global Health Law at Georgetown University said "politicians made points that were anecdotal rather than statistical and tended to make bloated claims about the negative impact of medical malpractice litigation on health care costs." Politico reported, "The bottom line is that malpractice tort reforms don't work as well as proponents say they do," said Kathy Zeiler, a Georgetown law professor and economist who has written extensively about malpractice reform. Zeiler pointed to studies on the effects of tort reforms over the last 30 years, saying the findings are conflicting and indicate only meager cost savings at best.

Art Kosieradzki

Toyota To Recall 3.8 Million Vehicles Over Floor Mats

noreply@blogger.com (Sieben, Grose, Von Holtum & Carey) — Wed, 30 Sep 2009 14:17:00 +0000

It has been reported that the Toyota Motor Corp. will recall 3.8 million vehicles in the United States, the company's largest-ever U.S. recall, to address problems with a removable floor mat that could cause accelerators to get stuck and lead to a crash. Toyota said it was "still working with officials with the National Highway Traffic Safety Administration to find a remedy to fix the problem and said owners could be notified about the recall as early as next week." NHTSA said it "had received reports of 102 incidents in which the accelerator may have become stuck on the Toyota vehicles involved."

Forbes reported, "The impending U.S. recall, the largest in Toyota's history, followed a horrific crash last month in San Diego in which a mat was suspected of snagging a gas pedal on a runaway Lexus, ending with a fiery crash that killed four family members. A minute before the crash, the driver called police to say the car had no brakes and the accelerator was stuck. The runaway car was doing more than 120 mph when it hit a sport-utility vehicle, launched off an embankment, rolled several times and burst into flames."

If you are driving a Toyota make sure you keep an eye on this recall. This type of problem is real and it is obviously serious. We absolutely don't want to see anyone getting hurt over this issue.

Art Kosieradzki

Tribe's Immunity Challenged

noreply@blogger.com (Sieben, Grose, Von Holtum & Carey) — Tue, 29 Sep 2009 17:20:00 +0000

Did you know that if you get injured on Tribal property or if certain laws are violated that the rules and regulations are sometimes different then if the same event happened off the Indian land. Well it looks like that is going to be challenged in Connecticut as it relates to illegally serving alcohol.

The Connecticut Law Tribune reports, "In what could become a first-in-the-nation test, a young Waterford, Conn., woman injured by a drunk driver is challenging the sovereignty of Connecticut's Mohegan American Indian tribe. She is arguing the tribe should be liable in state courts if it lets patrons get so dangerously drunk that they then injure or kill other people." The Attorney General Richard Blumenthal "has filed an amicus curiae brief vigorously supporting" the appeal by the Connecticut lawyer who is representing the 16-year old injured by the drunk driver. "Blumenthal contends the tribe has no sovereign interest in liquor regulation, or immunity from lawsuits that have the effect of enforcing Connecticut liquor laws."

Art Kosieradzki

FDA Bans Some Flavored Cigarettes

noreply@blogger.com (Sieben, Grose, Von Holtum & Carey) — Wed, 23 Sep 2009 14:58:00 +0000

USA Today recently reported that the FDA banned the sale of candy-, fruit- and clove-flavored cigarettes. The move was authorized by the Family Smoking Prevention and Tobacco Control Act, which President Obama signed in June. According to a front-page story in the New York Times the FDA commissioner reported that "these flavored cigarettes are a gateway for many children and young adults to become regular smokers." The Times also reports, however, that there has been confusion among distributors as to what constitutes a cigarette, and if flavored cigars or cigarillos are affected by the ban. The Wall Street Journal reports that although the FDA warned against trying to circumvent the bans by introducing similar products, some flavored cigarette-like cigars are expected to stay on the market while the confusion persists.

Tobacco addiction has been noted as a public health catastrophe. The costs to the public are enormous. Howard Koh, the White House Assistant Secretary of Public Health "put the cigarette industry on notice that this is just the beginning of a 'new chapter in public health efforts at tobacco control.'" The FDA "will soon require...cigarette makers to turn over information about the 'constituent components of tobacco products.' The FDA will work with CDC scientists to investigate the safety of those ingredients." This is because the agency "also is considering bans on menthol cigarettes and other flavored tobacco," the Los Angeles Times reports.

A law signed in June allows the FDA to regulate the industry. Its authority includes the ability to ban certain products, reduce nicotine in tobacco products and block labels such 'low tar' and 'light.' Tobacco companies also will be required to cover their cartons with large, graphic warnings.

Art Kosieradzki

Defending Medical Malpractice Lawsuits

noreply@blogger.com (Sieben, Grose, Von Holtum & Carey) — Thu, 17 Sep 2009 13:15:00 +0000

In a segment on CNN's "Anderson Cooper 360" (9/15) Less Weisbrod and Todd Smith (former President's of the American Association for Justice) give "a blunt response" in opposition to a federal cap on medical malpractice suits. Weisbrod declares such a cap to be unconstitutional and argues that there is no evidence to show that such a cap would lower healthcare spending. In response to President Obama's assertion before Congress that doctors complain about the costs of practicing defensive medicine, Weisbrod suggests that Obama spend more time talking with victims of medical malpractice. Meanwhile, Smith counters the notion that meritless cases are brought by trial attorneys by arguing that lawyers have no logical reason to take a case with no chance of winning.

Art Kosieradzki

Malpractice Reform Doing Little to Curb Spending

noreply@blogger.com (Sieben, Grose, Von Holtum & Carey) — Wed, 16 Sep 2009 13:19:00 +0000

An editorial in the St. Louis Post-Dispatch (9/16) argues that though there are many reasons to support medical malpractice reform, curbing healthcare spending "isn't among them. President Barack Obama fanned the flames of that long-simmering debate last week when he said he'd consider tort reform as part of his health care overhaul. Exactly what he has in mind still is unclear. But it probably falls far short of a federal cap on malpractice awards that Republicans and physician groups support. The president spoke only of 'demonstration projects' at state levels. Whatever form those projects might take, few economists believe tort reform by itself - even the most radical tort reform - would significantly reduce what Americans spend on health care."

Art Kosieradzki

The Phantom Motorist

noreply@blogger.com (Sieben, Grose, Von Holtum & Carey) — Thu, 20 Aug 2009 22:02:00 +0000

Car accidents can be caused by other drivers that do not even come into contact with your vehicle.

Minnesota law protects your right to pursue a claim for injuries that you sustain as a result of a motor vehicle collision with a phantom vehicle. Your recovery is from your own uninsured motorist automobile insurance.

The Minnesota Supreme Court issued opinions in Nadeau v. Austin Mutual Insurance Company, 350 N.W.2d 368 (Minn.1984). This case stands for the proposition that you have a right to uninsured motorist benefits when attempting to avoid an oncoming vehicle, even when no contact is made between the vehicles. The injury is related to the use of the vehicle because the individual was within a "zone of danger" causing a risk of physical impact with the vehicle.

Jeffrey S. Sieben

Attorney at Law

Sieben, Grose, Von Holtum & Carey, LTD.

800 Marquette Avenue, Suite 900

Minneapolis, MN 55402

direct: 612-333-9713

fax: 612-333-5970

Cell Phone: 651 336 1925

website: http://www.knowyourrights.com

Backing Up Safely

noreply@blogger.com (Sieben, Grose, Von Holtum & Carey) — Fri, 24 Jul 2009 15:41:00 +0000

Children are often the victims in vehicle versus pedestrian backing collisions. These tragedies often occur right in our own driveways.

The Center for Disease Control (CDC) estimates that 2,767 children were victims of reverse/back over injuries between July 2000 and June 2001.

Please follow these safety measures while backing your vehicle.

1) Check behind the vehicle for any obstructions before getting in and starting up.
2) Don't depend on your mirrors to provide a full view to the rear of your vehicle.
3) Look over your shoulder to check your blind spots.
4) Back up very slowly.
5) Be prepared to stop at the slightest bump.
6) Teach your child to walk around vehicles where they can see the driver and the driver can see them.

Additional safety tips can be located at http://www.nationalsafetycommission.com/alerts/2009/02/backing-up-safely-watch-for-children.php

Jeffrey S. Sieben

Attorney at Law

Sieben, Grose, Von Holtum & Carey, LTD.

800 Marquette Avenue, Suite 900

Minneapolis, MN 55402

direct: 612-333-9713

Cell Phone: (651) 336-1925

website: http://www.knowyourrights.com

Cell Phones and Driving

noreply@blogger.com (Sieben, Grose, Von Holtum & Carey) — Thu, 02 Jul 2009 23:21:00 +0000

The New England Journal of Medicine has confirmed what we all believe. Cell phone use while driving leads to more vehicle collisions.

In fact, the use of cellular telephones in motor vehicles is associated with a quadrupling of the risk of a collision.

See http://content.nejm.org/cgi/content/short/336/7/453

Jeffrey S. Sieben

Cellular telephone: (651) 336-1925

Office: (612) 333-9713

Buckle Up - It's The Law

noreply@blogger.com (Sieben, Grose, Von Holtum & Carey) — Thu, 25 Jun 2009 20:46:00 +0000

You probably already know this, but I thought it was worth stating anyhow. As of June 2009 Minnesota has some teeth in its seat belt law. All drivers and passengers are required to wear seatbelts. If you do not wear the belt the police can stop and ticket you. This requirement includes the driver and anyone else in the car

To me the decision to buckle up is a no brainer. It saves lives and that life could be yours. But as further incentive the law now fines those who fail to play it safe. The bottom line is buckle up and make sure everyone in the car has done the same thing. Lives will be saved.

Art kosieradzki