In a victory for Georgia consumers, caps on noneconomic damages passed as part of the state’s sweeping Republican-led 2005 “tort reform” laws, was declared unconstitutional in a unanimous decision by the Georgia Supreme Court. The justices agreed the limits on jury awards in medical malpractice cases violated the constitutional right to trial by jury. The legislation had capped noneconomic damages such as compensation for an injured victim’s pain and suffering at $350,000.

The ruling upheld a $1.2 million jury verdict in favor of a woman who suffered permanent disfigurement of her face including gaping wounds which required prolonged, excruciating treatments to keep them from becoming infected as the result of a botched plastic surgery. The judges’ decision noted that negligence claims against health care providers had been a remedy available to Georgia citizens since 1798. The legislature’s tort reforms “clearly nullifies the jury’s findings of fact regarding damages and thereby undermines the jury’s basic function” Chief Justice Carol Hunstein wrote for the court. “The very existence of the caps, in any amount, is violative of the right to trial by jury.” she added.

In the past few years almost half of the states have enacted caps on damage awards in medical malpractice cases following intense lobbying from business, health care and insurance interests. Recently, the Illinois Supreme Court struck down a similar legislative cap against doctors and hospitals. For too long victims of medical negligence have been relegated to unfair compensation for injuries they suffered if they were unlucky enough to live in a state that had succumbed to the so-called “tort reform” fervor.

The jury system is what separates America from the rest of the world. Access to the court, especially a jury trial, should not be blocked or limited by well-financed tort legislation enacted at the behest of powerful special interest groups. Georgia and Illinois courts are leading the way in declaring the right to jury sacrosanct for all citizens, regardless of status. We can only hope more state courts will quickly follow suit.

In Reader’s Digest’s recent rankings of Best Roads in America, Louisiana was ranked last, indicating that we have the worst roads in the United States. In the rating for Deadliest Roads, we received second place, and we rated a third place ribbon for the Deadliest Roads for DUI. The only category where we had a somewhat positive rating was in the Deadliest Roads for Speeding in that we were not listed in the top 10.

In compiling the statistics, Reader’s Digest used the most recent federal data and measured highway and bridge conditions, congestion, and safety. There was good news in that states were found to be spending more money to build and maintain their roadways and, in fact, highway fatalities are decreasing. However, even with a decrease, more than 37,000 Americans died in automobile accidents in 2008. This number is more than double the number of people who die from homicides each year of which we are constantly reminded. Most of us are unaware of the vast number of automobile accidents that result in serious injuries, damages, and fatalities occurring as a result of defective roads.

In Louisiana, we constantly hear that our roads are bad because we do not have enough money for construction and repair. We also hear that same litany in regards to our educational system wherein we are told that our disproportionately high number of drop-outs and illiterate children stem from a lack of finances. It is time that we in Louisiana start prioritizing what is important to ourselves, our communities, and our state. We need to be pro-active and demand accountability for the roads and schools in our area and the state. We need to get involved as individuals and communities.

I have seen first-hand how one involved person can make a difference. I recently represented an individual in regards to a highway defect case in which the defendant driver, traveling from Texas through our state, hydroplaned into my client’s car, causing serious and permanent injuries to my client. After investigating the roadway, it was obvious that there were ruts in the highway and no proper runoff. Water accumulated in the ruts during wet weather. Further investigation revealed that there had been many accidents on that particular stretch of roadway. The roadway was simply defective, dangerous and in need of repair.

While roadways are expensive to repair, there are simple things that can be done to warn motorists and thereby reduce accidents and even fatalities. In this case, an individual who lived in the area sent an email to the individuals in charge of mending the roadway and advised of the dangerous condition of the roadway and his concern for not only his family but for anyone traversing the area. It was not long after that email that a warning sign was posted. While it was too late to help my client, there is no telling how many families have been spared, funerals have been put on hold, and serious injuries avoided as a result of that simple sign.

While sometimes a lawsuit puts entities on notice to make changes, it is usually instituted after damage has been done. When a citizen like you or me takes the time to notify someone of a problem, it can make a major difference. I therefore urge you to talk to your legislators and your local officials. Advise them of any dangerous roadways in your area and voice any ideas or recommendations you may have. Help Louisiana lose the title “Worst Roadways in America.”

I also encourage you to stand up and speak out on educational issues that affect our children and therefore our future in this state. As Dr. Seuss says, “Unless someone like you cares a whole awful lot, nothing is going to get better. It’s not.”

As chair of yesterday’s national Toyota Recall Litigation Conference and filing papers in connection with today’s Judicial Panel on Multidistrict Litigation hearing, Richard J. Arsenault  has kept busy. 

The city hosting both events, San Diego, is attracting more than just attorneys.  Members of the international media including the Associated Press, Reuters, Nippon TV, Tokyo TV and NPR have congregated in the city to stay on top of this developing story.

As  a chair of the national Toyota litigation symposium, Richard moderated a tight schedule of over a dozen diverse panel discussions and  presentations on the Toyota litigation.  The event was packed with hundreds of attorneys and  members of the media.  As attorneys discussed the litigation and jostled to build and maintain alliances, the intense atmosphere of the conference was underscored by the bright lights of television news crews and  the sound of  journalists’ busily typing the constantly developing story.

As a veteran of class action and complex litigation, Richard Arsenault was able to lend his expertise to many journalists to explain the unique circumstances of these cases and what key decisions will shape the litigation.

Arsenault was featured on NPR’s Morning Edition and in an AP story that was picked up by newspapers across the country.  He also appears in the San Diego Union Tribune, the Wall Street Journal, CBS Radio, San Diego Daily Transcript, Alexandria Daily Town Talk,  Nippon TV, TV Tokyo America and the National Law Journal.

“It is obvious that the media plays an important role in all of this.  At the end of the day, they have the obligation to keep the American public informed of the events – from the circumstances that lead up to the recalls, all the way through how this litigation gets resolved.  And they have been all over this story with both fair and comprehensive reporting” said Arsenault.

This morning in San Diego the Judicial Panel on Multidistrict Litigation conducted a hearing and entertained arguments from 25 different lawyers advocating 19 different jurisdictions regarding the Toyota litigation. 

“Now the litigants wait anxiously to see where the case will land” Arsenault added.   He explained, “No doubt, there will be many challenging issues that face whatever jurist inherits the case.  The good news is that complex litigation always provides an opportunity for creative thinking and strategic coordination. The Toyota litigation will be no different.”

Louisiana Supreme Court Justice Marcus Clark will be in the Alexandria area on Thursday, March 25th. Justice Clark, other area judges and public officials will be guests at the Alexandria-area member luncheon of the Louisiana Association for Justice (LAJ).

The event, which will be held at the Conference Center at the Greens, is being sponsored by the Alexandria law firm, Neblett, Beard & Arsenault.

Justice Clark was sworn into the Louisiana Supreme Court on November 19, 2009. Prior to becoming a judge, Clark obtained his law degree at Louisiana State University and served as a detective for the Ouachita Parish sheriff’s department. He was then elected and served as a District Judge before his successful campaign for the state’s highest court.

Area attorneys and guests will gather for LAJ member business and to hear a few words from Justice Clark, other area judges and public officials in attendance about the current state of Louisiana’s justice system and outlook into the future.

The Louisiana Association for Justice (LAJ) is the preeminent organization in Louisiana advancing the mission of trial attorneys to promote justice for all Americans.

Richard Arsenault did a live interview with KNX CBS Radio Los Angeles this morning about the Toyota recall litigation. The story was picked up by CBS Radio News nationally and is currently airing on CBS stations across the country.

The story covered today’s national Toyota Recall Litigation Conference and tomorrow’s Judicial Panel on Multidistrict Litigation hearing, where Arsenault will be making arguments.  Richard has filed several class action lawsuits against Toyota including cases in Louisiana, California, New York and Missouri.
Find out more on CBS’ website.

Here is the latest from the US Consumer Product Safety Commission:

WASHINGTON, D.C. – The U.S. Consumer Product Safety Commission (CPSC) and Health Canada (HC), in cooperation with Infantino LLC, of San Diego, Calif. are announcing a free replacement program for the Infantino “SlingRider” and “Wendy Bellissimo” infant slings. One million of these infant slings are being recalled in the United States and 15,000 are being recalled in Canada. CPSC advises consumers to immediately stop using these slings for infants younger than four months of age due to a risk of suffocation and contact Infantino for a free replacement product.

CPSC is aware of three reports of deaths that occurred in these slings in 2009; a 7-week-old infant in Philadelphia, Pa.; a 6-day-old infant in Salem, Ore.; and a 3-month-old infant in Cincinnati, Ohio.

The Infantino “SlingRider,” is a soft fabric baby carrier with a padded shoulder strap that is worn by parents and caregivers to carry an infant weighing up to 20 lbs. “Infantino” is printed on the plastic slider located on the strap. “Infantino,” “SlingRider” and the item number are printed on the instruction/warning label inside the baby sling carrier. “Wendy Bellissimo” branded sling carriers were sold exclusively at Babies “R” Us and have a sewn-in label on the inside of the sling strap that says in part “Wendy Bellissimo Media, Inc.” and lists Item numbers 3937500H7 and 3937501H7.

Infantino LLC sold the slings in the United States and Canada from January 2003 through March 2010 at Walmart, Burlington Coat Factory, Target, Babies “R” Us, BJ’s Wholesale, various baby and children’s stores and other retailers nationwide, and on the Web at Amazon.com, for between $25 and $30.

The product was manufactured in China and Thailand.

Consumers should stop using the recalled slings immediately and contact Infantino to receive a free replacement product, with a choice of a Wrap & Tie infant carrier, or a 2 in 1 Shopping Cart Cover, or a 3 in 1 Grow & Play Activity Gym. A Jittery Pals Rattle will also be provided. Contact Infantino toll-free at (866) 860-1361 between 8 a.m. and 4 p.m. PT Monday through Friday, or visit the firm’s Web site at www.infantino.com.

The national Toyota Recall Litigation Conference started this morning at the Westin in San Diego, CA . The event is packed with attorneys from some of the earliest-filed Toyota cases as well as the international media. Major American news organizations like the Associated Press, the Wall Street Journal, NPR, and CBS have covered the event, alongside with members of the international media like TV Tokyo, Nippon TV and Reuters, who are live at the symposium.

Today’s agenda features some of the nation’s most preeminent attorneys, many with decades of experience handling large, complex national cases. They will speak on a number of issues pertaining to the unique circumstances of the Toyota recall and resulting litigation. The symposium is sponsored by HarrisMartin, a leading provider of Continuing Legal Education.

Richard J. Arsenault, who is co-chairing the event, spoke this morning and will be serving on panels throughout the day. Arsenault, a veteran of class action and complex litigation, has filed several lawsuits against Toyota for allegations of sudden acceleration defects in Toyota vehicles. He has been profiled in various news stories leading up to today’s symposium and tomorrow’s Judicial Panel on Multidistrict Litigation hearing, where he will present arguments.

Richard J. Arsenault is featured on San Diego’s KPBS News today.  He was interviewed about his role in the Toyota litigation by KPBS’s Amita Sharma.

Arsenault, a veteran of class action and complex litigation, has filed several  lawsuits against the automaker.  He is also co-chair of the national Toyota Recall Litigation Conference, which is being held tomorrow in San Diego. 

On Thursday, the Judicial Panel on Multidistrict Litigation in San Diego will hear arguments on the establishment of a coordinated legal proceeding for all federal lawsuits arising from the Toyota recall.

Read or listen to Richard’s interview in Lawyers Compete For Lead Status In Class Actions Against Toyota on the KPBS website.

Here is the announcement for our new food safety website:

Outbreaks of foodborne illness are on the increase, affecting millions of people each year who unknowingly eat contaminated foods. A recent study suggests that foodborne illness kill 5,000 Americans and cost $152 billion per year. To assist victims of foodborne illness and their families, Neblett, Beard & Arsenault, a nationally recognized injury law firm, is launching an informative Web site called MyFoodAdvocate.com.

“People who have been diagnosed with foodborne illnesses or suspect they have one often have questions about the illness and how they got it,” said Richard J. Arsenault, a partner in Neblett, Beard & Arsenault. “They can find detailed information about the most common foodborne illnesses and foods associated with them at our new Web site.”

The site can be viewed at http://www.myfoodadvocate.com.

Arsenault said the new Web site reflects the high priority that the Alexandria, LA based law firm places on food safety and preventing foodborne illnesses. Foodborne illnesses are surprisingly common, affecting roughly one out of four people in the United States each year. The illnesses often target the most vulnerable members of society—the young, the elderly and those with weakened immune systems.

The new Web site features menu items addressing various aspects of foodborne illness and food poisoning, including pathogens that cause foodborne illness such as Salmonella, and E. coli, specific illnesses, risky foods, who is most at risk, how to protect yourself, where you’re likely to contract foodborne illness and recent outbreaks.

“The frequency and severity of foodborne illness outbreaks are troubling, as some of the nationally publicized cases we’ve handled underscore,” Arsenault said. “You can eat a healthy diet, get exercise and still contract a foodborne illness from contaminated food so everyone is vulnerable. That’s why it’s important to bring more attention to foodborne illness and food safety.”

The Web site contains customized state pages for residents of Louisiana, Texas, Arkansas and Mississippi. The pages have information about recent outbreaks of foodborne illness in each state and contact information for state health authorities and regulatory agencies that track foodborne illness. A video on the Web site features an interview with Arsenault about foodborne illness.

One of the nation’s largest private health insurers, Humana, warned their elderly customers that a federal overhaul of health care “could eliminate benefits to millions of seniors and disabled individuals” and offered to sell them more expensive Medicare plans. At issue was a mailing to patients enrolled in Humana’s Medicare Advantage plan. Read their mailing here.

Medicare Advantage costs the government more and is a prime target for cuts in the health care overhaul proposals. The Center for Medicare and Medicaid sent a cease and desist order to Humana and warned other private health insurers not to attempt to try anything similar. CMS was concerned that the information was misleading and confusing to patients and appeared to be an official communication about the Medicare program.

Naturally, the insurance industry trade group America’s Health Insurance Plans expressed outrage at the government’s action and issued yet another tirade against health care reform. Insurance reform of all types is desperately needed- in health care as well as liability, medical malpractice, property and casualty- you name it. It is a shame that giant insurance conglomerates stoop to scare tactics, especially directed at seniors to achieve their political goals and continue the status quo.

Health insurers continue to rake in billions of dollars in profits each year. Increased competition and insurance options is what will reduce premiums, increase benefits and enlarge access to medical care. Scare tactics have resulted in consumers losing many of their litigation rights in the areas of products liability, medical malpractice, worker’s compensation and punitive damages. Without these checks and balances on insurers, manufacturers and large corporations, the little guy, including the elderly are the ultimate losers.