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Recall Of Certain Composix® Kugel® Mesh Patches Used In Hernia Repair

Specific lot numbers of the Composix® Kugel® Mesh Patches, used to repair ventral (incisional) hernias caused by thinning and stretching of scar tissue post-surgery, were recently recalled by manufacturer Davol, Inc., a subsidiary of C.R. Bard, Inc. The recall occurred after it was discovered that the "memory recoil ring," which opens the patch, can break under the stress of placement in the intra-abdominal space. This can lead to serious intestinal conditions such as bowel perforations and/or chronic intestinal fistulae (abnormal connections or passageways between the intestines and other organs).
 

The N.J. Prescription Drug Retail Price Registry will help consumers compare the retail prices charged by many pharmacies for the 150 most frequently prescribed prescription drugs.

The US EPA (Environmental; Protection Agency) has published an announcement to seek appointments to its Scientific Advisory Panel with asbestos experts in short course. In a notice published in the Federal Register on October 26, 2007 the US EPA announced a deadline of November 16, 2007.

WCRI has been “researching” or generating data for the Industry for 24 years. The introductory remarks were offered by Robert Steggert, Marriott International, Inc., Chair WCRI Bd or Directors. The central topic of the entire program has been medical costs and how to contain them and the consequential effect upon medical claims, temporary benefits and permanent benenfits.

Lead is a highly toxic metal that at one time was an ingredient in many household products, including lead-based paints manufactured before 1978. The primary source of lead exposure among U.S. children is the lead-based paint and lead-contaminated dust and soil found in and around old, deteriorating buildings.

The House of Lords Steps Backward in Time in Asbestos Compensation

The British House of Lords in a recent decision has take a step backward in time and has ruled that those who suffer pleural plaques (scarring of the lungs) as a result of asbestos exposure are unable to claim compensation. Parliament declared, " If the pleural plaques are not in themselves damage, do they become damage when aggregated with the risk which they evidence or the anxiety which that risk causes? In principle, neither the risk of future injury nor anxiety at the prospect of future injury is actionable. "

NJ Permits Intentional Tort Claim Against Former Employer- PVC Exposure

While denying class action certification for a medical monitoring class and a punitive damage class, the NJ App Div permitted an INTENTIONAL TORT action against the employer to go forward in a common law civil claim.

ConAgra Foods Issues Pot Pie Recall

Following pleas from state health officials after the Centers for Disease Control linked at least 165 cases of Salmonella in 31 states to ConAgra produced pot pies, the company finally recalled the products on Thursday, October 11, 2007.

Workers' Compensation News - Aug. 10, 2007, Vol. 5 Issue 108


INSURANCE INDUSTRY AGAIN OFFERS MSP LEGISLATION THAT WOULD DISCOURAGE WORKERS' COMPENSATION PERIODIC PAYMENTS
After a failed attempt in the last Congress, the Insurance Industry has again offered similar legislation to encourage "lump sum" settlements in Workers' Compensation hearings, H.R.2549, and circumvent reimbursement of the ailing Medicare program. This legislation failed to gain acceptance in the last Congress as it did not receive the support of interest groups involved in preserving the Medicare system and Labor who continues to support a periodic benefit system in Workers' Compensation.

 	 Workers' Compensation News - July 10, 2007, Vol. 5 Issue 107

FLORIDA EXPANDS INTENTIONAL TORT EXCEPTION

 

Employee's injury was substantial certainty from employer's failure to respond to requests for new ladder did not require proof that employer concealed danger.

 

"Even though case law on the intentional tort exception to workers' compensation immunity is devoid of any defined test that will establish substantial certainty as a matter of law, it is evident that concealment of the dangerous condition is only one of several factors in a nonexclusive list. "

 

Bakerman v The Bombay Company, ___So. 2d____, 2007 WL 1774420 (Fla.), decided June 21, 1007

Jon Gelman Installed as Fellow of The College of Workers' Compensation Lawyers

American Bar Association Establishes The College of Workers' Compensation Lawyers. Jon Gelman, Author and Litigator, Installed as Fellow. NAPLES, FL.,March 2, 2007 – The College of Workers’ Compensation Attorneys announced today that Jon L. Gelman has been inducted as a fellow of the national organization at its first annual induction dinner.

Workers' Compensation News - June 25, 2007, Vol. 5 Issue 106

NYC CONNECTS AN EXPOSURE TO 911
For the First Time, the City Connects a Death to 9/11 Dust 
New York City’s chief medical examiner, Dr. Charles S. Hirsch, has for the first time directly linked a death to exposure to dust from the destruction of the World Trade Center. 

Clearing the Workers’ Compensation Benefit Highway of Medical Expense Land Mines

Medical expenses in contested workers’ compensation cases are now a significant and troublesome issue resulting in uncertainty, delay and potential future liability. The recent NJ Supreme Court decision, University of Mass. Memorial Hospital v. Christodoulou, 180 N.J. 334 (2004) has left the question of how to adjudicate medical benefits that were conditionally paid or paid in error. Presently there is no exclusively defined procedure to determine the allocation, apportionment of primary responsibility for unauthorized medical expenses and reimbursement.

Workers' Compensation News - May 10, 2007, Vol. 5 Issue 105

CLEARING THE WORKERS' COMPENSATION BENEFIT HIGHWAY OF MEDICAL EXPENSE LAND MINES 
Medical expenses in contested workers’ compensation cases are now a significant and troublesome issue resulting in uncertainty, delay and potential future liability. The recent NJ Supreme Court decision, University of Mass. Memorial Hospital v. Christodoulou, 180 N.J. 334 (2004) has left the question of how to adjudicate medical benefits that were conditionally paid or paid in error. Presently there is no exclusively defined procedure to determine the allocation, apportionment of primary responsibility for unauthorized medical expenses and reimbursement. By John H. Geaney and Jon L. Gelman

Workers' Compensation News - April 19, 2007, Vol. 5 Issue 104

FEDERAL LAWSUIT ALLEGES ABUSE OF MEDICARE SYSTEM BY THE STATE OF CALIFORNIA & SEEKS TO RECOVER $20 MILLION IN DAMAGES
Plaintiff claims cost-shifting of workers compensation obligations to Medicare created "work comp reform bubble" that is about to burst  

On February 22, 2006, a jury of Rhode Islanders delivered a decisive verdict in a
case that had been the source of significant political, social, and economic debate
since it was filed in 1999. On that day, a jury of six, who had devoted more than
four months of their lives hearing evidence in the longest civil jury trial in Rhode
Island's history,

Workers' Compensation News - March 19, 2007, Vol. 5 Issue 103

RICO CLAIMS RESULTS IN AWARD OF $2.2 MILLION AGAINST INJURED WORKERS
Federal RICO action arising from WC claims results in $2,264,690. Award Against Workers
"The Complaint alleges that the defendants committed violations of the Racketeer Influenced and Corrupt Organization Act, 18 U.S.C. 1962, violations of the New Jersey State Racketeer Influenced and Corrupt Organization Act, N.J.S.A. 2C:41-2, violations of N.J.S.A. 34:15-57.4(b) (workers’ compensation fraud), common law fraud and conspiracy in connection with the filing and prosecution of fraudulent workers’ compensation petitions against Plaintiff...'
Bath Unlimited, Inc. v Ginarte O'Dwyer, et al., Case 2:04-cv-03919-SRC-RJH Filed 3.14.07 Civ Ac No 04-3919 (SRC) (USDCT NJ 2007)

Preparing to Win A Workers' Compensation Case

 The Mercer County Bar Association will be sponsoring a seminar on workers' compensation at two locations this spring.Samuel Gaylord and Michael R. Paglione will join Jon Gelman for a seminar for workers' compensation attorneys.

Workers' Compensation News - Jan 3, 2007, Volume 5 Issue 501

STATE PREMIUM RANKINGS ANNOUNCED 
1. Alaska 
2. California 
6. Florida (down from 3) 
10. New York (up from 18) 
23 New Jersey (up from 29) 
51. North Dakota 
Source: State of Oregon 

Workers' Compensation News - Jan 3, 2007, Volume 5 Issue 105
 STATE PREMIUM RANKINGS ANNOUNCED  1. Alaska  2. California  6. Florida (down from 3)  10. New York (up from 18)  2...
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