Illinois Deserves the Truth

House passes toy warning labels

Yesterday Illinois took a step toward better protections for children (and adults who like toys).  The house passed HB 5789, which now moves on to the Senate.  This bill would require warning labels on toys and other children’s products with lead levels exceeding pediatrician’s recommended levels of 40 parts per million.

Sponsoring Rep. Naomi Jakobsson (D-Urbana) said labeling requirements can let parents decide whether to buy a product that contains lead, a substance that has been shown to cause anemia and kidney damage at high levels.

The toy industry is fighting this legislation tooth and nail, but considering last year's run of product recalls and accidental deaths, how could you be against it?  As the Springfield editorial board noted earlier this week, this is definitely a “better safe than sorry” issue.  Hopefully the Senate agrees and passes this important legislation.

Widows of Marion VA victims want justice

A long time has passed since we commented on the malpractice scandal down at the VA hospital in Marion.  You might remember the story: the hospital closed after it was revealed that at least 34 patients were seriously injured, and some (no one knows exactly how many) died, as a result of substandard medical care.  Several deaths were linked to a single doctor, Jose Veizaga-Mendez.  Now, the widows of two of his victims are filing a suit against the government. These widows lost their husbands unnecessarily. Let's hope they get the justice they seek.

Most Americans disapprove of binding arbitration

We've written before about the dangers binding arbitration agreements and how they take away our basic rights.  A new poll shows that consumers are aware this and disapprove.  Check out this AAJ release of a new national survey:

According to the polling, when consumers learn that the company picks the arbitrator, and they give up their right to take the case to court and binding arbitration applies even if they are seriously injured, 81 percent disapprove.

The poll also shows broad support for Congressional legislation called the “Arbitration Fairness Act” that seeks to protect Americans from abusive arbitration agreements.  The legislation would ensure that the decision to arbitrate be made voluntarily and after a dispute has arisen.

This is all the more reason for lawmakers to get behind important bills like the Arbitration Fairness Act and the Fairness in Nursing Home Arbitration Act.

There may be hope yet for the Supreme Court

Cross posted from The Pop Tort by John Guyette

From an AP story:

The Supreme Court found in favor of workers who were retaliated against after reporting race and/or age discrimination to their employer.  

The court, by a 7-2 vote, said a provision of the Civil Rights Act of 1866 covers claims of retaliation that follow complaints about discrimination on the basis of race. 

In a 6-3 ruling, the court likewise held that the part of the major anti-age bias law covering federal employees also protects them from retaliation after complaining about discrimination.

But lets not go too overboard praising this court.  Most of the time, they're more like the court in the satirical TV show, Boston Legal, before whom James Spader's character argued in a recent show. While his case concerned the death penalty, justifiably wound-up Spader told the "Roberts court" exactly what he thought of them - on the corporate side of things, too!  If only.  Check it out, for a truly vicarious thrill.

State Attorneys General do it again

Earlier today Express Scripts Inc. reached an agreement with the offices of 28 states--including Illinois--to pay $9.5 million for misleading consumers by encouraging docs to switch patient's cholesterol drugs "under the guise of controlling costs."

Through the agreements, state attorneys general "have changed how these companies treat patients and doctors when they ask to change their prescription medications,'' said Martha Coakley, attorney general in Massachusetts, one of the participating states, with $255,000 in settlement money. "Those requests now include full information on costs savings and the reasons for the proposed switch.''

Agreements like this have a very real effect on consumer safety.  For more on the critical work of state AGs, read the CJ&D report, State Attorneys General: The People's Champion

Making Arbitration a Choice for Nursing Home Residents

Last week Representative Linda Sanchez (D-CA) introduced the Fairness in Nursing Home Arbitration Act of 2008 in the HOuse.  This important legislation would make "binding mandatory arbitration" not binding anymore in nursing home contracts.  This came about a month after United States Senators Mel Martinez (R-FL) and Herb Kohl (D-WI) presented the same legislation in the US Senate. 

This legislation is intended to protect the rights of residents of nursing homes in how they choice to dispute an issue.  Binding mandatory arbitration has been getting more and more attention as companies continue to put these unfair conditions in everything from credit card agreements to car insurance policies to employment applications.  Binding mandatory arbitration requires that consumers forgo their rights to address their grievances in front of a judge and jury. 

We need to make sure that our elderly and frail are able to get their day in court.  Hopefully this legislation will get passed and start getting back some of the rights that corporate America has been successful at stripping away from us. 

To find out more about the dangers of binding mandatory arbitration check out the Public Citizen website.

Not Even Our Pets Are Safe?

Cross posted from The Pop Tort by John Guyette

We've blogged before about dangerous, tainted products coming from Chinese plants and slipping past the FDA and other US oversight agencies injuring US consumers in the process.  Check out some of our posts on the blood-thinning drug heparin here and here and also toys with toxic lead paint here and here.

But let's not forget the first tainted Chinese product that hit the news - pet food.  After all, what did little "Sparky" and poor "Trixie" ever do to deserve this?

Just last year poisoned pet chow made with wheat gluten from China made its way overseas sparking the largest pet food recall in US history.  The wheat gluten unfortunately contained an additional flavor component most four-legged critters would not enjoy. The additional flavor was a chemical used to make plastics - which even grosses me out. (As a side note, if your pet happened to be a spunky Chihuahua named Tinkerbell - no worry necessary).  Thousands of dogs and cats throughout the US and Canada who ate the bad food became ill and some even died.    

Luckily it appears these owners will get some justice for their sickened and deceased pets.  The makers of the pet chow agreed to a $24 million dollar settlement.

Check out the video clip below:

 

In the News....

An Aurora mother settled a malpractice case for $15.35 million dollars after her son was born with cerebral palsy and other brain defects because of a preventable medical mistake. (read more here)

After the terrible tragedies at the Marion VA, Senator Durbin champions new legislations that would reform the requirements of doctors practicing for the VA.  The new legislation, called the Veterans Health Care Quality Improvement Act, would require doctors at the VA to disclose all malpractice or civil suits against them and their judgments, be liscenced in the state they intend to practice and require appointment of a VA quality assurance officer at the national, regional, and local levels.  This bill would implement important changes to the VA system.  (read more here)

Merck agreed to $58 million settlement over Vioxx ad campaign.  The settlement ends a civil suit brought by 29 states (including Illinois) and the District of Columbia on Merck's wrongful advertising practices with its once popular pain medication Vioxx that was taken off the shelfs in 2004.  (read more here)

Parents to Congress: Stop Toying with Lead Paint!

Cross posted from The Pop Tort by John Guyette.

Families from around the country whose lives have been changed forever by unsafe, lead contaminated toys are in Washington D.C. today urging members of Congress to enact the strongest possible reforms to better protect children.  Joining them in their efforts is CJ&D Executive Director Joanne Doroshow.  Consumer product safety legislation has already passed through both houses.  These families want to make sure that key safety measures in the landmark legislation are preserved during the final stages of negotiations.  Among the reforms that they are calling for are:

1. Making toys safe by the 2008 Holiday Season, by requiring manufacturers to comply with stricter lead standards for children's toys, within 180 days.
2. Ensuring that all toys for children 12 years old and younger are included, and covered under the law.
3. Keeping parents informed of dangerous and recalled toys through the creation of an online product safety database.
4. Increasing fines for toy companies that break the law to $20 million dollars.

Check out the story of a Georgia mother who plans on introducing her son to members of Congress today to get these reforms passed.

ABC knocks on the blue wall of silence

20/20 recently aired an exposé on the wall of silence around abuse and misconduct by Chicago police officers.  Here’s an appalling clip of one victim’s story.

[University of Chicago law professor Craig] Futterman says some officers with as many as 50 complaints against them in the last few years have never been disciplined or flagged. He points out that most cops rack up few, if any, complaints. In fact, fewer than 5 percent of the cops on the beat, Futterman's study found, are responsible for nearly half of all abuse complaints in the entire department.

"The vast majority of officers who would like nothing more than to get rid of these guys who are doing the bad stuff, if they open their mouths, the culture tells them that they're gonna be the ones who pay," Futterman said.

I commend 20/20 for bringing this issue to light.  Meanwhile, it sounds like the department, and especially its superintendent, is at least working to increase transparency.

Read the full story