Corporate giants Philip Morris, Exxon, State Farm, Dow Chemical, Pfizer, Nationwide Insurance, General Electric among others fork over contributions of up to $75,000 each to fund the effort to shut the courthouse door to more and more consumers. Their goal is to gain complete immunity for their negligent acts.

Errors in past annual reports have not deterred the ATRA. In 2005, ATRA was forced to admit they wrongly attacked the state of West Virginia and ranked it as the third worst “hellhole” in America. Despite having to admit to the errors, ATRA refused to change West Virginia’s ranking. West Virginia gradually rose in the rankings despite having passed caps on medical malpractice damages, elimination of third party bad faith, and significantly changed worker’s compensation rules. In 2002, Madison County, Illinois was labeled as one of the worst hellholes in America despite experiencing a sharp decrease in the number of lawsuits filed there. In fact, between 1986 and 2002, only 11 medical malpractice and wrongful death cases had resulted in a verdict- and only four of those verdicts were in favor of the plaintiff.

These type of “reports” along with dissemination of lists of outrageous case results which are total fabrications is simply another tool the insurance, pharma and manufacturing corporations use to cloud the truth about dangerous products and pressure state and federal lawmakers into more and more immunity from their negligent acts. If they had their way, no one would be able to file a wrongful death, defective products or medical malpractice claim. Consumers should be wary of these type of politically-driven publications. Look to see who is actually financially supporting the report and who benefits from any legislation being touted and you’ll discover the truth.

Is it any wonder that Louisiana ranks high in the number of auto accidents and has some of the nation’s highest insurance rates? Lack of political will and misuse of tax revenues have resulted in substandard roads, bridges and infrastructure throughout the state. Although auto accidents involving fatalities has decreased nationwide, unfortunately they have not significantly decreased here. Poor roads lead to more auto accidents, more injuries, higher insurance premiums and an overall drag on our state’s economy.

The facts of this scenario actually happened in Minnesota. And what consequences did the negligent physician face, you ask? He was barred from inpatient surgery, but could regain full surgical privileges if the Minnesota Board of Medical Practice later determines he is competent. The suspension was ordered in part because the same doctor had also previously taken a biopsy of another patient’s pancreas instead of his diseased kidney. One would think that a licensed urologist would know the difference between a pancreas and kidney, not to mention right from left. Luckily for this patient, he lived in Minnesota which is one of the few states which has refused to enact caps on medical malpractice lawsuits so he can pursue his rights in court for full compensation for what was done to him. If he had been a resident of the majority of other states, his recovery would be limited to the amount a bunch of politicians decided was “fair”.

So, how much is your kidney worth to you?

Stewart, who reportedly worked at Stewart Auto Sales & Salvage in Zwolle, a business authorized by the Louisiana Department of Public Safety to perform CDL skills testing of CDL driver candidates, faces a possible maximum sentence of five years in prison and a $250,000 fine. The case was investigated by the Office of Inspector General, FMCSA, the Southern Service Center, FMCSA’s Louisiana Divisional Office, and the Louisiana Department of Public Safety.

So why is it that one of the most important sectors of our national economy is one of the least regulated, unaccountable and most profitable industries? Because these insurers are exempt from federal anti-trust laws, and most state insurance departments have little or no control over insurance rates.

Perhaps the most telling fact is how influential these insurers are in Washington D.C. and every state capitol due to the army of well-paid lobbyists and political contributions. They use the threat of their capability of inflicting major damage to a state’s economy so they routinely get what they want legislatively. Rarely do their demands on lawmakers get challenged.

One example happened in West Virginia when all five medical malpractice insurance companies threatened to pull out of the state unless regulatory laws were repealed. The West Virginia legislature promptly caved to the political pressure and repealed the legislation which they had enacted to protect W.V. consumers. As Joanne Doroshow of the Center for Justice & Democracy recently lamented, “Doctors complain of price-gouging by their medical malpractice insurers but do not join with consumer groups to push for industry regulation.” Apparently the medical profession would rather blame the legal profession and support “tort reform” instead. They ignore the insurance industry’s own admission about the lack of savings from “tort reform”. The vice president of the American Insurance Association admitted: “The insurance industry never promised that tort reform would achieve specific premium savings.” Despite that we are constantly inundated with “tort reform” rhetoric from lawmakers and their industry backers instead of taking on the insurance companies directly.

All of us- doctors tired of high medical malpractice premiums, business owners sick of paying exorbitant property-casualty insurance premiums, homeowners who face annually increasing rates despite never having made a claim- should target the real culprit in this ever-growing problem: the insurance industry. We should urge our national lawmakers to revoke their anti-trust exemption and face competition like every other industry. We should pressure our state legislators to enact common sense regulations and actually enforce them. No one expects the insurance industry not to make a profit. What we should not expect is for that profit to be on the backs of the consumers who only want and deserve affordable insurance.

Reid’s wife was a passenger in her daughter’s van and suffered a broken neck, back and nose requiring surgical intervention. The crash occurred on a heavily traveled section of Interstate 95 in Fairfax County, VA, just South of Washington, D.C. According to a statement by the Virginia State Police, as Sen. Reid’s daughter was driving a 2005 Honda Odyssey, she began breaking for traffic, and the 18-wheeler struck the rear of her van and forced her into the rear of the car in front pushing the vehicle into the next lane, where it struck another vehicle.

P.A.M. is short for the company founder’s initials, but has also been reported to stand for “Pretty Awesome Mileage.” It has a fleet of about 1769 tractors and 4,500 trailers.

The FMCSA is currently holding public sessions regarding the hours of duty and drive time of an 18-wheeler driver on our highways. The result of these 80,000 pound big rig collisions, in the greater percentage of time, the people in the car are going to be seriously injured or killed.

Here the 18-wheeler took out 3 vehicles. The number of 18-wheelers on our highways seems to be increasing. Every time you are on the highway you find yourself next to an 18-wheeler. Safety of the motoring public require limitations on the duty and drive time hours of these big rig drivers to prevent fatigue, falling asleep at the wheel, and traveling to close between the car in front to stop and prevent a rear-end catastrophe.

We wish the Senator’s wife a speedy recovery.

The good news is that scientists are discovering more effective ways to prevent and treat strokes. Harvard’s School of Public Health researchers have identified five lifestyle factors that can cut the risk of ischemic strokes (clots blocking the flow of blood to the brain) by 80% and all strokes (including hemorrhagic or blood vessel rupture) by 50%. The big 5 are :

1)   don’t smoke

2)   maintain a normal weight

3)   eat a prudent diet

4)   exercise regularly

5)   moderate alcohol consumption

Some additional measures to consider are taking statin mediations to lower LDL cholesterol, eating more fish that contain omega-3 fatty acids three or more times per week and drinking green or black tea daily.

It is extremely important for everyone, especially high-risk elderly and patients who have already experienced one stroke, to know the five stroke warning signs. If you experience one or more of the following signs you should call 911 immediately:

1)   Sudden numbness or weakness in the face, arm or leg, particularly if it is on one side of the body only

2)   Sudden, severe headache with no known cause

3)   Sudden visual disturbance in one or both eyes

4)   Sudden confusion or difficulty speaking

5)   Sudden dizziness, loss of balance, loss of coordination or difficulty walking.

Researchers have also found significant benefits and no increased risk for brain injury in people who were treated with tPA, a blood-thinning, clot-dissolving intravenous drug, up to four and a half hours after the onset of stroke symptoms. The lesson learned: get to the ER as quickly as possible upon onset of any of the stroke symptoms.

Arsenault, whose firm has filed multiple class-action lawsuits against Toyota, is organizing a national Toyota Litigation Symposium next week in San Diego, CA.  The symposium, which is scheduled for the 24th, is on the eve of the U.S. Judicial Panel on Multidistrict Litigation’s Toyota litigation hearing.

This is not Nationwide’s first involvement with stiffing its customers. In June 2009, Nationwide agreed to settle another class action lawsuit which alleged the company did not pay homeowner policyholders enough to cover repair costs on eligible claims for a period of 13 years.

During the years of these overcharges and underpayments, Nationwide, a Fortune 500 company, was experiencing exponential growth and huge profits. At the end of fiscal year 2007, Nationwide posted a profit of almost $2 billion.

We desperately need insurance reform in this country- in health insurance, liability insurance, malpractice insurance, in fact, in all types of insurance. For too long insurers have consistently raised premiums while devising ways to cherry-pick customers, underpay claims and apparently to systematically overcharge their unknowing customers. Common sense regulation and real enforcement are long overdue.

This CLE seminar, sponsored by Stafford, will examine recent trends in the use of bellwether trials and provide the plaintiff and defense counsel perspective on litigation strategies for using bellwethers. Bellwether trials are used in a variety of contexts in complex litigation. They can be used in class action cases before the certification hearing to help the court determine whether common issues predominate.

They are more commonly used in mass tort litigation and multidistrict litigation (MDL) proceedings where a large number of plaintiffs are proceeding on the same legal theory or claim and there is no feasible way to handle the large caseload.

Bellwether trials are valuable for settlement purposes and can help both parties assess the strengths and weaknesses of their cases. Selecting cases for bellwether trials and formulating litigation strategies require thoughtful consideration by both plaintiffs and defendants.

The panel of litigators will discusses current trends in the use of bellwether trials in class action and complex litigation and offers litigation strategies from both the plaintiff and defense perspectives.

For more information or to register for the event, click here.

The owner of the bus company, Cayetano Martinez of Los Angeles, had previously been shut down by FMCSA, only to attempt to “reincarnate himself as a new carrier” and unsuccessfully attempted to gain U.S. Department of Transportation operating authority under a new name. “Martinez has shown a persistency and determination to continue operating under new entities and business,” the complaint states. The consent decree also prohibits Martinez, or any affiliated company, “from contracting with or arranging for additional transportation of passengers unless the contracted motor carrier possesses valid operating authority registration from FMCSA.”

The safety of the motoring public and the bus passengers demand enforcement, shutting down, and removal of unauthorized motor carriers from the interstate roads before such a tragedy.

Here is the official press release from the FMCSA:

Illegal Interstate Bus Company Is Ordered to Cease All Operations Immediately FMCSA Obtains Emergency Action to Shut Down Carrier

WASHINGTON, D.C. – Following an emergency request by the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA), the United States District Court for the Central District of California on Saturday ordered the owner of Tierra Santa Inc, the illegal bus company involved in a March 5 fatal crash near Phoenix, Arizona, to immediately cease all interstate and international passenger service.

The carrier ceased operation on the evening of Friday, March 5 at the demand of FMCSA. Saturday’s order makes that shutdown enforceable by the Court.

FMCSA’s complaint states that the owner of the bus company, Cayetano Martinez of Los Angeles, had previously been shut down by FMCSA, only to attempt to “reincarnate himself as a new carrier” and unsuccessfully attempted to gain U.S. Department of Transportation operating authority under a new name.

“Martinez has shown a persistency and determination to continue operating under new entities and business,” the complaint states.

The consent decree also prohibits Martinez, or any affiliated company, “from contracting with or arranging for additional transportation of passengers unless the contracted motor carrier possesses valid operating authority registration from FMCSA.”

The consent decree does not absolve Martinez from possible future civil penalties by FMCSA for violations of federal motor carrier safety regulations.

“It is absolutely essential that unsafe carriers like this one be taken off the road,” said U.S. Transportation Secretary Ray LaHood. “Safety is our number one priority at the Department of Transportation and we will not rest until this accident has been fully investigated.”

“FMCSA investigators are working tirelessly so that we can prevent such a senseless loss of life from happening again,” said FMCSA Administrator Anne S. Ferro. “We thank the United States Attorney’s Office for their outstanding partnership in bringing this emergency action forward so quickly.”

A review of past headlines illustrate the vast number of defective products that have caused a multitude of injuries and cost Americans dearly: Bridgestone and Firestone tires, prescription drugs Vioxx, Baycol and Halcion, dietary supplement ephedra, medical devices like Guidant defibrillators, Medtronic pacemaker leads,and  Dalkon Shield; silicon breast implants, asbestos, and tobacco products just to name a few. Litigation has resulted in recalls of numerous products including Ford Pinto and Explorer, Chrysler minivans, baby cribs and strollers and infant car seats, children’s Tylenol, flammable clothing, birth control medication and devices, tainted food products, and the most recent Toyota vehicles causing unintended acceleration just to name a few.

Aviation litigation has resulted in a drastic drop in the number of crashes and deaths involving aircraft. According to the Consumer Federation of America, there has been a dramatic change in the rate of accidental deaths and injuries since the enactment of products liability laws and stiffer regulation. As a result they estimate that approximately 6,000 deaths and millions of injuries have been prevented on an annual basis.

People are powerless to protect themselves against defective products and the harm they cause without these laws and regulation, as well as the courageous attorneys willing to take on the manufacturers. Beware of the political hue and cry for so-called “tort reform” by business interests and insurance companies trying to gut these important safeguards. Those who support such disingenuous political initiatives just may end up being the victim of a dangerous product without legal recourse to compensate them for the resulting injuries.

The safety groups have suspended their legal challenge of the hours of service rules which include the number of driving hours and on duty time of a truck driver. The groups, including Public Citizen, Advocates for Auto and Highway Safety and the Teamsters Union, were challenging the rules on several grounds, asserting for example that they permit too much driving time resulting in sleepy and fatigued commercial motor vehicle drivers at risk for wrecks.  Under the agreement, DOT has until next summer to draft a new proposed rule, and until the following summer to publish a final rule.

Tired, fatigued and sleepy 18-wheeler drivers are being looked at by the Federal Motor Carrier Safety Administration on behalf of the Department of Transportation. Current rules allow a truck driver to work 14 hours a day. Federal regulators have started hearings on potential plans to reduce the on-duty and drive time of a truck driver. Safety advocates hope that these hearings result in a reduction of the hours-of-service a truck driver can work so he can receive adequate rest and not endanger the motoring public i.e. your family, by not driving tired and fatigued. Proper and adequate rest for a commercial motor vehicle driver is essential considering the 80,000 pound big rigs they operate. This tragic collision can be prevented with adequate rest.

HarrisMartin Publishing, a leading provider of continuing legal education, has announced that its Toyota Recall Litigation Conference will take place March 24 at The Westin San Diego hotel in San Diego, Calif.

The conference has been scheduled to coincide with a San Diego meeting of the federal Judicial Panel on Multidistrict Litigation, which will hear arguments March 25 on the establishment of a coordinated legal proceeding for all federal lawsuits arising from the Toyota recall.

Richard Arsenault of Neblett, Beard & Arsenault and Jimmy Faircloth, of The Faircloth Law Group, will co-chair the program and have invited counsel from some of the earliest-filed cases addressing allegations of sudden acceleration defects in late-model Toyota vehicles.

Prominent trial attorney Mark Geragos, whose law firm Geragos & Geragos has filed several Toyota claims, will deliver a keynote luncheon address.

Among the more than a dozen confirmed speakers for HarrisMartin’s March 24 Toyota Recall Litigation Conference are Elizabeth J. Cabraser, who will speak on the unique case management challenges of the proposed MDL; John R. Climaco, who will present on organizational issues that come with the MDL process; Stanley M. Chesley, who will highlight specific claims expected to be brought in the wake of the recall, and Won J. Kim of Toronto, who will focus on the Canadian experience in auto recall litigation. There will also be sessions on engineering and electronics in auto defect cases, conducted by Seth A. Katz and Hunter J. Shkolnik; corporate damage control by Faircloth, bellwether trial experience featuring Grant L. Davis, Dawn M. Barrios and Shawn G. Foster, and additional relevant topics.

A complete agenda, including topics and current confirmed faculty, is posted at www.harrismartin.com.

Attendees may also register for the event at www.harrismartin.com or by calling (800) 496-4319. Sponsorship and exhibitor opportunities are also available. The host hotel, the Westin San Diego, is offering a discounted room rate for attendees of HarrisMartin’s Toyota Recall Litigation Conference. Call The Westin San Diego directly for hotel reservations, at (619) 239-4500.