Illinois Deserves the Truth

Illinois News Roundup

We posted the other day about the abuse lawsuit against the Belleville Diocese, and stressed keeping victims' needs and prevention a top priority.  Yesterday, the jury erased any worries in a speedy decision for James Wisniewski, the abuse victim, by awarding him $5 million.  Now, let’s hope the decision means the diocese won't let anything like this happen again.

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The State Journal-Register recently ran an article about a lawsuit filed against the state, by local politicians and the Springfield Chamber of Commerce.  Today, their op-ed page featured a great letter by Bruce Beeman pointing out the hypocrisy of business groups attacking trial lawyers while quietly filing lawsuits themselves.  (This earlier article provides some more details on the the Springfield Chamber’s involvement in the suit).

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Last year, two Orland Park car dealerships sent fraudulent mailings out to at struggling car owners.  Lisa Madigan’s new suit says they violated consumer protection laws and should repay consumers for each violation.

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This Granite City Press article seems like a harmless case for medical helicopters, until you get to the end, where the writer quotes someone who blames the courts for doctors' high malpractice insurance rates.  “Tort deformers” are really good at this.  They repeat these lies long enough and pretty soon people start believing it and talking about it as if it's established fact.  Unfortunately for them, it simply isn’t true (see here, and here...and here!).

Product Safety Law Already Making a Difference

Last year was dubbed the year of the recall, but 2008 has had its share of product disasters.  This week, the CPSC issued a safety warning after two babies died inside a popular bassinet.  Not surprisingly, there’s now a question of whether the product has a fatal design flaw.

The U.S. Consumer Product Safety Commission, which regulates most children's products, knew about the first baby's death within days after it happened last September in Missouri but did not recall the product. Then last Thursday, a Kansas baby died in a similar bassinet.

The deaths once again raise questions about the safety commission's response to deadly hazards, the subject of a Pulitzer Prize-winning Tribune investigation last year.

The CPSC, following inquires from the Tribune and internet reports of the baby's death last week, has issued a safety alert for Simplicity 3-in-1 and 4-in-1 convertible "close-sleeper" bassinets, "due to the serious threat these bassinets pose to babies. Parents, the agency said, should stop using the bassinets immediately. Such an alert sidesteps a voluntary recall to more quickly alert the public of a potentially deadly product.

It’s important to note that the only reason this safety warning was possible was because of the landmark Consumer Product Safety legislation passed earlier this summer.  The product safety law increased the CPSC's funding, expanded their oversight powers, and established higher safety standards in children's toys.  If the CPSC had had the ability to respond in this way after the initial accident in Missouri, the baby in Kansas may not have had to die.  And, who knows if any of us would have heard about this dangerous product if the legislation never had been passed?

More on Whitewashing Abuse in Belleville

We’ve posted about the cover-up over Raymond Kownacki, the Belleville priest accused of molesting an altar boy (and likely others).  The trial against the diocese began this week and yesterday, a big name showed up to testify for the defense.  Wilton Gregory, now archbishop of Atlanta, was previously a bishop in Belleville.  He said church officials withheld crucial information from him while he was leading an investigation into the pedophilic activities of priests.

Gregory said under cross-examination that dozens of other documents, concerning potential unknown victims of 14 priests including Kownacki who were removed from ministry after they were accused of sexually molesting minors, might have been withheld without his knowledge. He said he personally met with "80 to 100" victims, although some of these involved persons who moved to the Belleville Diocese but had been abused elsewhere.

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The last witness for the defense was former vicar general Monsignor James Margason, who testified that before Gregory came to Belleville, Margason knew about detailed reports that Kownacki had raped a 16-year-old girl and aborted her fetus with his hands. There were also reports that he had sexually molested twin boys he brought from Guatemala and was mentioned in letters from a man and woman complaining Kownacki abused their son at St. Theresa's Parish in Salem and that they heard Wisniewski was a victim at the parish as well. These were reports withheld from Gregory.

This is sort of turning into a “he said, she said” between various church officials.  Obviously, finding out who is really responsible—and holding them accountable for endangering innumerable children—is critical (especially since Kownacki was never prosecuted).  But we don't need to explain that there is even more riding on this. James Wisniewski, the innocent victim of abuse, deserves fair compensation for his tragic experience. And most important, we need to protect today's children from similar crimes.  Honesty and openness is what we need, but bouncing the blame back and forth doesn't help.  The real story gets more convoluted every day, so let's hope this remains priority number one.

"Tort Refomers" and their front groups are at it again

We have been covering all of the biased coverage of the upcoming Illinois Supreme court case to decide the constitutionality of the 2005 barbaric caps placed on noneconomic damages in medical malpractices suits in Illinois.  Well here goes another editorial in the same vain.  This time it is from none other than the Madison County Register.  You know them - the "independent" paper that reports on legal cases/issues... and yeah owned by the US Chamber of Commerce. 

Well they published this editorial on Sunday (8/24/08) - I don't know what kills me the most their blatant disregard for the truth or judicial independence.  They start the piece out by saying,

Supreme Court justices are accountable to voters.

We should keep that in mind over the next two months, as Illinois' High Court reviews the latest round of medical malpractice lawsuit reforms enacted by state lawmakers.

While it is true we elect Supreme Court Justices in Illinois, I think above everything else Judges should be impartial and be held accountable to the law, not voters or political pressure.  The courts is the place were people go to stand up for their rights from anyone, big or small.  I hope as responsible citizens, we allow the judicial system to do ts job unhindered.

Now on to their attack on victims of medical malpractice.  First of all, caps had nothing to do with the flattening of insurance rates here in Illinois or throughout the country.  Modulations in the insurance cycle cause this (see here).  Additionally, as part of the compromise legislation that passed caps, comprehensive insurance reforms were passed.  These reforms finally gave the Illinois Department of Insurance real power to inquire about rates, approve or deny rate hikes, and make greedy insurance companies stop gouging doctors.  (Read more about the ISMIE example here.) Not only did the reforms increase state power, it also opened the door to more competition from outside insurance companies... but again don't take just our word for it, in a recent article by the St. Louis Post-Dispatch, the Illinois Director of insurance said,

And Michael McRaith, director of the Division of Insurance in the state's Department of Financial and Professional Regulation, said he thinks other reforms in the law were more important than damage caps in bringing down rates.

Among other changes, the law allows state regulators to gather and make public the actuarial data used by medical malpractice insurers.

"For the first time in the history of this state, insurance companies that want to compete for business in Illinois have access to actuarial information and loss and claims data," McRaith said. "We see more companies coming in and a stabilization or decline in actual rates." He said the law also requires public hearings for proposed rate increases that exceed 6 percent.

"The prospect of a hearing is a deterrent in itself," McRaith said.

So where is the "unbiased" Madison County Register getting it's information?  Hmmm, maybe they are just mimicking what the insurance companies have to say.  But then again, what do you expect from a mouth piece of BIG BUSINESS.  All I know is that they are not looking out for the patients and victims of medical malpractice like Donna Harnett and her son Martin, or the seniors, women and children that caps disproportionately hurt.   

It is time to stop the same old lies and let the court do its job.  I for one hope the Supreme Court listen to the Illinois Constitution and continue to protect the rights of everyone in Illinois by striking down these draconian caps as they have done to similar ones twice before.

The cost of no regulation: Auto Insurance

Thanks to our summer intern Matt Caris (who has returned to finish his senior year), we have brought you stories about just how little control the Illinois Department of Insurance has over the rates of property and casualty (well for that matter most insurance lines) in the state.   Well, an article in the New York Times from Saturday takes a look at rising auto insurance rates and asks the questions: What is going on? What can states do about it?

J. Robert Hunter, the Director of Insurance for the Consumer Federation of America, has been trying to draw attention to this issue of rising rates for consumers even though Americans are driving far less.

“As Americans drive less because of the price of gas, fewer claims will be filed with insurance companies,” Mr. Hunter said in a letter to the nation’s governors in June. “Whether this will mean windfall profits for insurers or rate cuts for the consumers is up to governors and state regulators to determine.”

According to the Insurance Information Institute, rates are still falling in California, while the rest of the nation has seen a recent increase in rates over the past year.  As we have pointed out in the past, California has comprehensive insurance reforms and has the right to deny rate increases, as well as, call for public hearings to make insurance companies justify rate hikes.

Even states that have less regulation than California, show what some regulation can do to benefit consumers.  The NYTimes article points out recent New York actions, which I think are quite telling:

New York does not hold public hearings, but its insurance department can still approve or deny requests for auto rate increases. This month, with 48 applications pending, the department decided to challenge one insurer, Geico, on whether it had taken gasoline prices and New Yorkers’ reduced driving habits into account when projecting its claims costs.

The question prompted Geico to withdraw its proposal for an increase, which would have applied to 75 percent of its car insurance business in New York. Geico is still pursuing a rate increase for the remaining 25 percent, which covers New York’s riskiest drivers, but has scaled back the size of the increase, said Mr. Moriarty of the department. A Geico spokeswoman, Rachel N. Veness, declined to discuss the company’s next steps, citing “the highly competitive nature of our business.”

Unfortunately, we all know too well in Illinois that we cannot do anything about the rate hikes that have been levied on us.  The state does not have the power to regulate rates, call for public hearings, or even request information about  why companies are  charging the rates  they do.   Gosh,  I am in the wrong industry... with the lack of oversight by Illinois, auto insurers can commit  "highway robbery," and the state (or consumers) can't do anything about it. 

If we are required to carry auto insurance, you would hope that insurance companies would be required to be accountable to someone.

Illinois News Roundup

I'm beginning to wonder if Chicago-based drug-maker Abbott Labs cares at all about its customers, its employees, or—God forbid—its public image.  First, a judge ordered them to stand trial for unlawfully slashing employee benefits packages. Then, they settled a lawsuit with AIDS patients after boosting the price of one of their HIV drugs by 400%.   Now, they’re laying off 1,000 workers in another "cost-cutting" move.  No news on whether those 1,000 will come from their sizable Illinois workforce.

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Yesterday, we posted on the Chicago Urban League's effort to reform our school funding system, which they say discriminates against blacks and Latinos.  Mayor Daley wasted no time in coming out in support of their lawsuit.

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The Belleville Diocese joins Chicago’s Archdiocese in cover-up.  A former diocesan official testified in court that the diocese hushed allegations of sex abuse and continued bouncing a suspected molester from parish to parish.  They let “bygones be bygones”, to use his phrase.  Not only that, but now the diocese says one of the victims cannot seek justice in court because his statute of limitations has expired.  Hmm.  It seems we've heard this argument before.  Lets not forget where that led…

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More fallout from the Marion VA horror story.  IL Rep. Jerry Costello reacted strongly to the VA’s latest report, which exposed negligent management at the hospital.  Costello says the Justice Department needs to step in and investigate what happened to the nine (or more) veterans who suspiciously died at the hospital.

“When an administrator hears about nine people dying in one of their hospitals, I’d be on a plane immediately saying ‘what the hell went wrong,’” he said. “That didn’t happen.”

We feel the same way.

 

Court Says EPA Can't Prevent States From Monitoring for Cleaner Air

Cross post from The Pop Tort by Emily.

Great news for people, animals and other organisms trying to respirate!

This week, a U.S. Court of Appeals decision threw out a Bush administration rule that exempted major air polluters from EPA monitoring and prevented states and local agencies from enacting better monitoring instead.

Given the EPA's lackluster performance - the decision finds that the agency "failed to fix inadequate monitoring requirements ... and prohibited states and local authorities from doing so" - we can all breathe a sigh of relief (hah!) that better monitoring is on its way.

And a tip of the hat to the air-protecting rockstars at EarthJustice for expertly using the civil justice system. As Earthjustice attorney Keri Powell put it: "This is a huge victory for everyone who breathes. We can't have strong enforcement of our clean air laws unless we know what polluters are putting into the air."

For more information on this case and others, check out CJ&D's recent study: How the Civil Justice System Protects Environmental Health

Chicago Urban League Utilizes the Courts to Fight Discrimination

The Chicago Urban League filed a lawsuit against Illinois yesterday, saying our system of funding schools through property taxes is racially discriminatory and unconstitutional.  From an AP article,

Illinois' current system of funding exacerbates the state's segregated housing problem, especially in Chicago, said Lisa Scruggs, a lawyer for the group. Because homes in neighborhoods with high percentages of minorities have lower values than homes in white neighborhoods, schools in minority districts get less funding.

"The basic fact that you have a distinction between low property-wealth districts and high property-wealth districts, ultimately that leads down the road to gaps in education performance," Scruggs said.

The disparity in funds is real.  The Chicago Reporter collected a list of stats that'll raise your eyebrows.  One example:

Due to the primary reliance on local property tax revenue for school funding, there are massive cumulative gaps in per-pupil spending, particularly in poor or minority communities. The 6,413 students who started elementary school in Evanston in 1994 and graduated from high school in 2007 had about $290 million more spent on their education than the same number of Chicago Public Schools students.

The Urban League wants the state to institute a fairer funding system.  Whether or not you agree with them, everyone should recognize the importance of being able to ask these kinds of questions.  For years, people have used the civil justice system to do just that and to further other civil rights causes.  This is just the latest example.

Caps Myths Still Abound, Thanks To ISMIE

As the state Supreme Court gears up to look at med mal caps this fall, once again the press has started giving this issue a lot of attention.  The latest example, from Monday's St. Louis Post-Dispatch, is a welcome change from some of the biased coverage we've seen lately.  However, even in this article, ISMIE continues its baseless claims about the “positive” effects of Illinois’ heartless caps law, despite all sorts of evidence to the contrary.  Wouldn't it be nice to hear the consumer's perspective once in a while?

Let’s be clear: the cruel and unconstitutional “caps”, which were quickly struck down by a lower court, have nothing to do with the flattening of doctors’ insurance rates.  Modulations in the insurance cycle cause this (see here).  Stronger insurance regulation and oversight, passed in 2005, have also helped.  Our director of insurance, and even insurance companies themselves, have pointed out that it is the regulation—not caps—that has increased competition and lowered rates in Illinois.  THIS is why ISMIE’s policyholders have gotten rebates.

It’s hard to believe anyone would applaud something like “caps”.  The only purpose this cruel law serves is to prevent innocent victims of malpractice from receiving fair compensation for their injuries (not to mention disproportionately hurt minorities, women, and children).

Hopefully the public can see through all of ISMIE's lies.

Lawsuits Help Guarantee Drug Safety, Doctors Say

Cross posted from The Pop Tort by Amanda

Can we just reflect on this headline for a moment?  Nothing to take away from the important views coming from the New England Journal of Medicine, which has filed a crucial brief in the U.S. Supreme Court arguing against immunity for the drug industry.  But when was the last time doctors have been this honest about the importance of the civil justice system’s critical “deterrence” function – providing the financial incentive for companies and professions to act safely.  (And, by the way, this is aside from the fact that doctors  have been incredibly hypocritical when it comes to filing lawsuits themselves.

Before someone starts jumping through hoops trying to find some way to differentiate drug company misconduct from the medical malpractice itself, we have another incredible piece from Besty McCaughey, New York’s former Lt. Governor in tort-reform Governor George Pataki’s’ administration, arguing that juries are right to hold hospitals liable for the epidemic of infection there because lawsuits, and new Medicare rules, provide the incentive for hospitals to fix the problem!  So here’s what she says:

Hospitals being sued are saying that their infection rates are within national norms. But for most infections, the only acceptable rate is zero...

Medicare calls certain device-related bloodstream infections, urinary tract infections and surgical infections after orthopedic and heart surgery "never events." Starting in October, Medicare will stop reimbursing hospitals for treatment of these infections. Hospitals will be barred from billing patients for what Medicare doesn't pay, forcing them to take a loss. Next year Medicare will add other types of infections to the list of "never events."

No wonder Medicare calls these infections "never events." Why should jurors reach a different conclusion in a lawsuit?

We have the knowledge to prevent infections. What has been lacking is the will. A recent survey from the patient-safety organization Leapfrog found that 87% of hospitals fail to consistently practice infection prevention measures. Insurance companies that sell liability coverage to hospitals could change that by offering lower premiums to hospitals that rigorously follow infection-prevention protocols.

To be sure, lawsuits are not the best way to improve patient care. Many verdicts are unjustified, and few truly injured patients find a lawyer to take their case. Still, the coming wave of lawsuits, as well as financial incentives from Medicare and insurers, will fight complacency about hospital hygiene.

Not a perfect ending, but pretty damn close.