Mesothelioma is a fatal illness caused by asbestos. Around 2000 people in the UK will be diagnosed with mesothelioma this year and tens of thousands more will die during the next ten to fifteen years. People who worked in the manufacturing industry, engineering and construction, where employers routinely failed to protect them from exposure to asbestos, are among those most at risk.
This briefing note summarises a serious threat facing those who have been exposed to asbestos in the workplace as the insurance industry mounts a new challenge to avoid paying compensation to mesothelioma sufferers and their families.
When a person claims compensation for mesothelioma the practice of the insurance industry for decades was that the insurer on cover at the time of the exposure to asbestos would pay the claim. For example, if the member was exposed to asbestos in 1965 and was diagnosed with mesothelioma in 2006 the employer's insurer in 1965 has always paid the claim.
Recently a number of insurers have refused to pay out in mesothelioma claims because they now argue that the wording of the insurance policies they sold to employers decades ago means something very different to what they previously accepted it meant. Those insurers now argue that the "trigger" for the insurance policy to respond to a mesothelioma claim is not the exposure to asbestos, but the development of the disease itself.
The obvious benefit for the insurers who are taking the "trigger" issue is that if they are successful they will escape liability completely. The problem for the victims is that there may be no other insurer to pay their claim because, by the time they develop the disease, which is often 40 years or more after they were exposed to asbestos, many employers have ceased trading and no insurance exists.
The effect of the "trigger" issue defence is to frustrate and delay the process of obtaining compensation for people who are dying from mesothelioma and for the families of those who have died. It has also created uncertainty about how policies of employers liability insurance should be interpreted in mesothelioma cases. The insurance industry and their advisors know this. Although not all insurers are presently taking the point, if the insurers who have brought the "trigger" issue test case are successful other insurance companies might try the same tactic.
Six test cases have been selected to determine the outcome of the "trigger" issue. The trial of the lead cases, which is expected to last nine weeks, will commence in the High Court in London on 3 June 2008.
Thompsons Solicitors are representing the family of Charles Michael O'Farrell, who died of mesothelioma, in the lead case backed by the trade union Unite against Excess Insurance Company Limited.
Jumat, 30 Januari 2009
Rabu, 28 Januari 2009
Wisconsin Cheerleading Lawsuit
Wisconsin's Supreme Court issued Noffke v. Bakke yesterday and it's been discussed in the news, Wall Street Journal's Blog, and by legal professors, Legal Profession Blog and Sports Law Blog. The Blogosphere discussion seems to focus on cheerleading as a contact sport, which I'm sure law scholars can debate ad infinitum.
Simple lawyers like me though wonder, why didn't a jury get to decide whether this fellow cheerleader and school district acted reasonably? I ask that rhetorically because I know the reason is because a prior Wisconsin legislature and governor decided to give IMMUNITY.
Noffke v. Bakke shows two types of immunity statutes in Wisconsin - governmental immunity (school districts, cities, villages, etc.) and recreational immunity (certain sports, activities, etc.). In my opinion, immunity laws are a horrible form of tort reform, which occurs too often in Wisconsin personal injury law.
Wisconsin Personal Injury Lawyer
Simple lawyers like me though wonder, why didn't a jury get to decide whether this fellow cheerleader and school district acted reasonably? I ask that rhetorically because I know the reason is because a prior Wisconsin legislature and governor decided to give IMMUNITY.
Noffke v. Bakke shows two types of immunity statutes in Wisconsin - governmental immunity (school districts, cities, villages, etc.) and recreational immunity (certain sports, activities, etc.). In my opinion, immunity laws are a horrible form of tort reform, which occurs too often in Wisconsin personal injury law.
Wisconsin Personal Injury Lawyer
Kamis, 22 Januari 2009
True Justice from the new Dept of Justice?
In a prior post, I explained how federal agencies can and have been used to strip Americans of legal rights. In Revival of Justice: What Obama's DoJ appointees should do first, Yale Law School's Judith Resnik sets forth some ideas for the new administration to revive true justice.
The highlights from my perspective are:
The highlights from my perspective are:
- Acknowledge that the courts are for all citizens;
- Stop government lawyers from cutting off access to courts for civil litigants;
- Don't use support "tort reform" laws ("reform" is really short for deform);
- Give consumers, employees and tort victims more access to court;
- Stop mandatory arbitration (see e.g. your credit card contract);
- Let consumers with tiny claims aggregate in classes so they can get lawyers; and
- Eliminate immunities for government officials and private contractors.
Wisconsin Personal Injury Attorney
Rabu, 21 Januari 2009
Mesothelioma treatment options
Mesothelioma is a form of cancer that is almost always caused by previous exposure to asbestos. In this disease, malignant cells develop in the mesothelium, a protective lining that covers most of the body's internal organs. Its most common site is the pleura (outer lining of the lungs and internal chest wall), but it may also occur in the peritoneum (the lining of the abdominal cavity), the heart, the pericardium (a sac that surrounds the heart) or tunica vaginalis. There are already available mesothelioma treatment options in the market today.
Most people who develop mesothelioma risks have worked on jobs where they inhaled asbestos particles, or they have been exposed to asbestos dust and fiber in other ways. Washing the clothes of a family member who worked with asbestos can also put a person at risk for developing mesothelioma. Unlike lung cancer, there is no association between mesothelioma and smoking. Compensation via asbestos funds or lawsuits is an important issue in mesothelioma article (see asbestos and the law). Such cases are subject to mesothelioma lawsuits.
There are many attorneys around today, some of who specialize in particular areas of law and others that deal with a wide range of legal issues. When it comes to a sensitive and often complicated area such as mesothelioma litigation, it is always advisable to go through a specialist mesothelioma attorney with experience and contacts within this field. Having an experienced mesothelioma attorney deal with your mesothelioma case can help to speed the process, and can ultimately make the difference between a successful or a failed mesothelioma compensation claim.
The symptoms of mesothelioma facts include shortness of breath due to pleural effusion (fluid between the lung and the chest wall) or chest wall pain, and general symptoms such as weight loss. The diagnosis may be suspected with chest X-ray and CT scan, and is confirmed with a biopsy (tissue sample) and microscopic examination. A thoracoscopy (inserting a tube with a camera into the chest) can be used to take biopsies. It allows the introduction of substances such as talc to obliterate the pleural space (called pleurodesis), which prevents more fluid from accumulating and pressing on the lung. Despite treatment with chemotherapy, radiation therapy or sometimes surgery, the disease carries a poor prognosis. Research about screening tests for the early detection of mesothelioma is ongoing.
Most people who develop mesothelioma risks have worked on jobs where they inhaled asbestos particles, or they have been exposed to asbestos dust and fiber in other ways. Washing the clothes of a family member who worked with asbestos can also put a person at risk for developing mesothelioma. Unlike lung cancer, there is no association between mesothelioma and smoking. Compensation via asbestos funds or lawsuits is an important issue in mesothelioma article (see asbestos and the law). Such cases are subject to mesothelioma lawsuits.
There are many attorneys around today, some of who specialize in particular areas of law and others that deal with a wide range of legal issues. When it comes to a sensitive and often complicated area such as mesothelioma litigation, it is always advisable to go through a specialist mesothelioma attorney with experience and contacts within this field. Having an experienced mesothelioma attorney deal with your mesothelioma case can help to speed the process, and can ultimately make the difference between a successful or a failed mesothelioma compensation claim.
The symptoms of mesothelioma facts include shortness of breath due to pleural effusion (fluid between the lung and the chest wall) or chest wall pain, and general symptoms such as weight loss. The diagnosis may be suspected with chest X-ray and CT scan, and is confirmed with a biopsy (tissue sample) and microscopic examination. A thoracoscopy (inserting a tube with a camera into the chest) can be used to take biopsies. It allows the introduction of substances such as talc to obliterate the pleural space (called pleurodesis), which prevents more fluid from accumulating and pressing on the lung. Despite treatment with chemotherapy, radiation therapy or sometimes surgery, the disease carries a poor prognosis. Research about screening tests for the early detection of mesothelioma is ongoing.
Jumat, 16 Januari 2009
What is an Insurance Premium?
An insurance premium is the actual amount of money charged by insurance companies for active coverage. An insurance premium for the same service can vary widely among insurance providers, which is why experts strongly recommend getting several quotes before committing to an insurance policy. Insurance agents or brokers will take your basic information and calculate an insurance premium estimate based on your answers and other factors. The lowest quoted price on an insurance premium may be the better bargain, but the level of coverage may also be lower.
The cost of an insurance premium is largely based on statistics, not necessarily on individual habits or history. A 22 year old male seeking car insurance for a sports car can often anticipate a higher insurance premium than a 45 year old woman driving a mid-size sedan. Both may have excellent driving records, but the insurance company considers a younger driver in a faster car to be more at risk for accidents. Therefore, the insurance premium quotes will be noticeably different. In general, a more expensive or faster car will cost more to insure, simply because owners of those vehicles TEND to drive faster.
The same philosophy holds true for medical insurance premium costs. Non-smokers statistically live healthier lives than smokers, for example. Construction workers may have more serious on-the-job accidents than accountants. A 55 year old lumberjack who smokes may be charged a higher health insurance premium than a 30 year old non-smoker working in an office. Conversely, an insurance premium may be reduced if the policy holder changes his or her habits and lifestyle.
An insurance premium is generally collected in monthly or semi-yearly payments. If the policy holder fails to make a scheduled payment, the insurance company can choose to cancel the policy entirely. This is often referred to as a 'lapsed policy'. Either the customer will pay the balance of the insurance premium and become reinstated or the policy will become null and void. Because the billing cycle can be lengthy, it is not unusual for policy holders to forget to make a payment before the policy lapses.
An insurance premium is always in a state of flux. Rates can go up or remain stable between billing cycles. An accident claim can dramatically change the insurance premium rate of the claimant, especially if the accident report shows the policy holder was at fault. Because most states now have a mandatory minimal insurance coverage law for drivers, there may be no other choice but to pay the increased insurance premium or find another company willing to insure a high-risk driver. Insurance agencies are for-profit businesses, so they will make every effort to recoup their losses after a pay-out. Paying an insurance premium may seem like a waste of money, but knowing your expenses will be met after an accident can bring peace of mind.
The cost of an insurance premium is largely based on statistics, not necessarily on individual habits or history. A 22 year old male seeking car insurance for a sports car can often anticipate a higher insurance premium than a 45 year old woman driving a mid-size sedan. Both may have excellent driving records, but the insurance company considers a younger driver in a faster car to be more at risk for accidents. Therefore, the insurance premium quotes will be noticeably different. In general, a more expensive or faster car will cost more to insure, simply because owners of those vehicles TEND to drive faster.
The same philosophy holds true for medical insurance premium costs. Non-smokers statistically live healthier lives than smokers, for example. Construction workers may have more serious on-the-job accidents than accountants. A 55 year old lumberjack who smokes may be charged a higher health insurance premium than a 30 year old non-smoker working in an office. Conversely, an insurance premium may be reduced if the policy holder changes his or her habits and lifestyle.
An insurance premium is generally collected in monthly or semi-yearly payments. If the policy holder fails to make a scheduled payment, the insurance company can choose to cancel the policy entirely. This is often referred to as a 'lapsed policy'. Either the customer will pay the balance of the insurance premium and become reinstated or the policy will become null and void. Because the billing cycle can be lengthy, it is not unusual for policy holders to forget to make a payment before the policy lapses.
An insurance premium is always in a state of flux. Rates can go up or remain stable between billing cycles. An accident claim can dramatically change the insurance premium rate of the claimant, especially if the accident report shows the policy holder was at fault. Because most states now have a mandatory minimal insurance coverage law for drivers, there may be no other choice but to pay the increased insurance premium or find another company willing to insure a high-risk driver. Insurance agencies are for-profit businesses, so they will make every effort to recoup their losses after a pay-out. Paying an insurance premium may seem like a waste of money, but knowing your expenses will be met after an accident can bring peace of mind.
Kamis, 15 Januari 2009
Insurance Provider Profile
We hear so often these days that the NHS is dreadful, that most of us are slowly becoming convinced, if we can afford it, that we should take out private medical insurance (PMI), life insurance, property insurance. But should we?
For starters, note that medical insurance doesn't cover the conditions most of us need treatment for. It doesn't cover childbirth (not even emergency Caesareans), it often doesn't cover depression and it also very often doesn't cover chronic or incurable illnesses such as diabetes, asthma or multiple sclerosis. It is also utterly useless in an emergency: private hospitals don't even have emergency rooms.
And anyway the NHS never makes you wait more than an hour or two to have a broken leg sorted out. The doctors you see privately will be the same ones you would have seen on the NHS anyway – they're just bumping up their incomes by going private – and NHS consultants are usually the ones at the cutting edge of healthcare.
And it isn't cheap either. A 30-something man or woman would be lucky to get cover for less than £30 a week. At that price it would come with so many exemptions you'd have to be nearly dead before you could claim on it. You'd need to be spending more like £70 a month to be sure of getting anything remotely comprehensive. On the plus side, having good insurance does mean that you'll get treated fast; that you'll have some choice about who treats you and where; and, of course, that the hospitals you visit will be less dirty and less depressing than they might be otherwise.
Cut the cost of going private
So how can you cut the cost? First, double-check whether your employer offers PMI. As Moneysavingexpert.com points out, even if you have to pay for it you may find that thanks to your employer's "bulk-buying power" it will come cheap.
Failing that, one way to save is to buy your insurance from a company that will allow you to pay for your own treatment up to an agreed level (the excess – usually anything up to £5,000) and then pay any costs beyond that itself. This can more than halve the cost of premiums. You can also agree to restrict the number of hospitals you can be seen in to keep your premiums down (ie, no top private hospitals or London teaching hospitals).
Stopping smoking will really slash the cost. A 34-year-old female smoker would pay £76.01 a month for PMI on PruHealth's comprehensive plan, says The Sunday Telegraph, but a non-smoker of the same age would pay £68.78 or nearly £90 a year less. Finally, you can opt for a policy that only pays for inpatient care. This leaves you at the mercy of the NHS for all your diagnostic tests and your referral to a consultant. But at least it means that if you do end up in a hospital it won't necessarily be an NHS one. To compare all these policies see Moneysupermarket.com.
If you really can't afford – or don't want – basic insurance for yourself it is also possible to insure just your children under a new policy from AXA PPP Healthcare. This provides, says the Sunday Express, "hospital cover in the event that the NHS cannot provide care within a reasonable time as well as access to private consultants and diagnositc services".
This doesn't sound expensive at £9.99 a month for the first child, and £7.99 for each extra; but it doesn't cover much, either. It pays out only if the NHS cannot see the child "within six weeks of the ideal treatment date". However rubbish the NHS might be in lots of other ways, this kind of delay doesn't seem likely if your child is considered seriously ill. It also doesn't cover ongoing outpatient care. So while it might give you a degree of peace of mind, it probably doesn't offer much value – something it has in common with a great many other healthcare policies.
Start a Calamity Account instead
There is one more alternative: simply save all the cash you might have spent on insurance and then pay for any treatment you might need that you don't want to wait to have on the NHS.
This sounds frightening, but it shouldn't be. Let's not forget that you've already paid for the NHS via your taxes and that it really isn't that bad: it is generally accepted that in emergencies and in the care of people with serious or terminal illnesses the organisation does a good job of providing comprehensive medical care. Where the NHS more often falls down is on the treatment of acute but curable conditions; but if you are saving you should be able to pay for this yourself if you feel you need to.
Note that 80% of these treatments are dealt with on an outpatient basis (blood tests, consultations, X-rays, scans and the like). These aren't particularly expensive. What are pricey, on the other hand, are mainly procedures that you won't need until you are heading for your 50s and 60s (hip replacements, for example), by which time your Calamity Account should be looking pretty healthy if you have regularly put £50-£100 a month into it instead of paying for insurance. A private hip replacement comes in at about £7,000, cataract removal at about £2,000 and a coronary artery bypass graft between £2,000 and £15,000.
Only 4% of private healthcare claims are for sums over £5,000. You could even combine self-insuring with buying a very high excess policy: if you agree to pay the first £5,000 of treatment you can cut the cost of a policy to a few pounds a month. That way you can build up your savings while retaining a sense of security, should something really horrible happen.
For starters, note that medical insurance doesn't cover the conditions most of us need treatment for. It doesn't cover childbirth (not even emergency Caesareans), it often doesn't cover depression and it also very often doesn't cover chronic or incurable illnesses such as diabetes, asthma or multiple sclerosis. It is also utterly useless in an emergency: private hospitals don't even have emergency rooms.
And anyway the NHS never makes you wait more than an hour or two to have a broken leg sorted out. The doctors you see privately will be the same ones you would have seen on the NHS anyway – they're just bumping up their incomes by going private – and NHS consultants are usually the ones at the cutting edge of healthcare.
And it isn't cheap either. A 30-something man or woman would be lucky to get cover for less than £30 a week. At that price it would come with so many exemptions you'd have to be nearly dead before you could claim on it. You'd need to be spending more like £70 a month to be sure of getting anything remotely comprehensive. On the plus side, having good insurance does mean that you'll get treated fast; that you'll have some choice about who treats you and where; and, of course, that the hospitals you visit will be less dirty and less depressing than they might be otherwise.
Cut the cost of going private
So how can you cut the cost? First, double-check whether your employer offers PMI. As Moneysavingexpert.com points out, even if you have to pay for it you may find that thanks to your employer's "bulk-buying power" it will come cheap.
Failing that, one way to save is to buy your insurance from a company that will allow you to pay for your own treatment up to an agreed level (the excess – usually anything up to £5,000) and then pay any costs beyond that itself. This can more than halve the cost of premiums. You can also agree to restrict the number of hospitals you can be seen in to keep your premiums down (ie, no top private hospitals or London teaching hospitals).
Stopping smoking will really slash the cost. A 34-year-old female smoker would pay £76.01 a month for PMI on PruHealth's comprehensive plan, says The Sunday Telegraph, but a non-smoker of the same age would pay £68.78 or nearly £90 a year less. Finally, you can opt for a policy that only pays for inpatient care. This leaves you at the mercy of the NHS for all your diagnostic tests and your referral to a consultant. But at least it means that if you do end up in a hospital it won't necessarily be an NHS one. To compare all these policies see Moneysupermarket.com.
If you really can't afford – or don't want – basic insurance for yourself it is also possible to insure just your children under a new policy from AXA PPP Healthcare. This provides, says the Sunday Express, "hospital cover in the event that the NHS cannot provide care within a reasonable time as well as access to private consultants and diagnositc services".
This doesn't sound expensive at £9.99 a month for the first child, and £7.99 for each extra; but it doesn't cover much, either. It pays out only if the NHS cannot see the child "within six weeks of the ideal treatment date". However rubbish the NHS might be in lots of other ways, this kind of delay doesn't seem likely if your child is considered seriously ill. It also doesn't cover ongoing outpatient care. So while it might give you a degree of peace of mind, it probably doesn't offer much value – something it has in common with a great many other healthcare policies.
Start a Calamity Account instead
There is one more alternative: simply save all the cash you might have spent on insurance and then pay for any treatment you might need that you don't want to wait to have on the NHS.
This sounds frightening, but it shouldn't be. Let's not forget that you've already paid for the NHS via your taxes and that it really isn't that bad: it is generally accepted that in emergencies and in the care of people with serious or terminal illnesses the organisation does a good job of providing comprehensive medical care. Where the NHS more often falls down is on the treatment of acute but curable conditions; but if you are saving you should be able to pay for this yourself if you feel you need to.
Note that 80% of these treatments are dealt with on an outpatient basis (blood tests, consultations, X-rays, scans and the like). These aren't particularly expensive. What are pricey, on the other hand, are mainly procedures that you won't need until you are heading for your 50s and 60s (hip replacements, for example), by which time your Calamity Account should be looking pretty healthy if you have regularly put £50-£100 a month into it instead of paying for insurance. A private hip replacement comes in at about £7,000, cataract removal at about £2,000 and a coronary artery bypass graft between £2,000 and £15,000.
Only 4% of private healthcare claims are for sums over £5,000. You could even combine self-insuring with buying a very high excess policy: if you agree to pay the first £5,000 of treatment you can cut the cost of a policy to a few pounds a month. That way you can build up your savings while retaining a sense of security, should something really horrible happen.
Ingenix Lawsuit Settled
UnitedHealth Care through an outfit called Ingenix allegedly engaged in some insurance company behaviors I've mentioned. So it settled the lawsuit relating to that paying $350,000,000.00 to resolve class action lawsuits and $50,000,000.00 to the NY AG.
I found one interesting aspect of such lawsuits to be the hypocrisy of doctors bringing the cases since they are typically the ones seeking to limit your rights in medical malpractice litigation.
Wisconsin Personal Injury Lawyer
I found one interesting aspect of such lawsuits to be the hypocrisy of doctors bringing the cases since they are typically the ones seeking to limit your rights in medical malpractice litigation.
Wisconsin Personal Injury Lawyer
Minggu, 04 Januari 2009
Olbermann Countdown Gets 3 Cheers
Almost missed posting on this well done piece. Unbeknowst to many Americans, sometimes an administrator at some federal agency can strip them of their rights.
Wisconsin Personal Injury Attorney
Wisconsin Personal Injury Attorney
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