Lawyers in Italy have gone on strike to protest a proposed overhaul of legal fees.

Hundreds, if not thousands, of legal cases are being pushed back on court dockets, delayed well into the fall and winter because lawyers in Italy are refusing to participate in hearings and Italy’s judicial system, glacial in good times, has ground virtually to a halt.

The lawyers are protesting a series of changes proposed by the new center-left government of Prime Minister Romano Prodi. The reforms would allow lawyers to advertise and to change their fee structures so they could claim a percentage of settlements in civil cases. The law also would eliminate a fee minimum.

The Prodi government maintains that the changes would make the legal profession more competitive and conform it to standards prevalent in the European Union. The changes are part of a broader plan aimed at jump-starting the sluggish Italian economy by making various sectors more competitive.

Lawyers complain that only colleagues in big firms would benefit, while those in individual practices, the majority, would be driven out of the market. They want to keep the standardized schedule of fees.

The same proposed law aimed at spurring competition would deregulate the taxi industry and allow nonprescription drugs to be sold in supermarkets. As a consequence, cabdrivers have been staging periodic wildcat strikes, paralyzing Rome and other Italian cities, and pharmacists in white smocks shut their stores and started handing out protest leaflets.

Separately, flight attendants with the national airline, Alitalia, and air traffic controllers are expected to go on strike next week.

Even without a strike, justice in Italy is slow: A civil trial takes eight years on average, a criminal case five. As of June 30, 2004, about 9 million cases awaited sentencing, and 100,000 others were before the Supreme Court, according to the most recent official statistics available.

About The Author:
Attorney Edward A. ("Ted") Bills can be reached at 719.444.1000 or at http://www.SpringsAttorney.com.

Attorney Ted Bills has one mission - to fight for the rights of personal injury victims and those who have been devastated by the misconduct of others - he represents clients with an aggressive approach designed to provide SWIFT justice.

Attorney Bills is a member of the American Bar Association, the Colorado Bar Association, the Colorado Trial Lawyers Association, the Association of Trial Lawyers of America, and the El Paso County (Colorado Springs) Bar Association. He works in tandem with his clients to provide assertive, business-savvy, legal services that solve problems, reduce delays, and minimize costs.

Nothing on this site constitutes an attorney-client relationship nor does it constitute legal advice.

Trail lawyers will likely file hundreds of suits against Merck over its osteoporosis rememdy, Fosamax, as it is linked to jaw decay.

Merck, the pharmaceutical giant who is also defending litigation involving Vioxx now must address cases against Fosamax, its second best seller. While litigation targeting Fosamax is still in its early states, it certainly shows how qickly lawyers can organize themselves and gather plaitiffs quickly after reports of adverse drug effect; even when the reported problems seem to be quit rare.

Law firms have started advertising on the Internet, TV, and in newspapers looking for patients who have taken Fosamax and are trying to enlist medical and dental experts to review the records of potential plaintiffs.

About The Author:
Attorney Edward A. ("Ted") Bills can be reached at 719.444.1000 or at http://www.SpringsAttorney.com.

Attorney Ted Bills has one mission - to fight for the rights of personal injury victims and those who have been devastated by the misconduct of others - he represents clients with an aggressive approach designed to provide SWIFT justice.

Attorney Bills is a member of the American Bar Association, the Colorado Bar Association, the Colorado Trial Lawyers Association, and the El Paso County (Colorado Springs) Bar Association. He works in tandem with his clients to provide assertive, business-savvy, legal services that solve problems, reduce delays, and minimize costs.

Nothing on this site constitutes an attorney-client relationship nor does it constitute legal advice.

Allstate Insurance Company rountinely contracted with Attorney Suzanne Guest to represent the company against accident claims - nothing unusual there. As part of the the agreement, Allstate also contracted to defend the attorney against actions filed against the attorney by Allstate customers - again nothing unusual there.

But when two accident victims sued both Allstate and the attorney, Allstate decided to not provide representation to Guest - big mistake and Guest sued Allstate.

A district court jury in New Mexico awarded the attorney nearly $11 million on her claim that Allstate had ruined her legal practice.

It seems that when Allstate refused to defend Guest and Guest decided to sue Allstate, she had to give up all ther Allstate cases because there was a confilct of interest. And, apparently, her entire practice was composed of representing Allstate.

The jury deliberated for only about five hours before coming to a verdict and Guest was awarded $1.8 million in compensatory damages and $9 million in punitive damages.

Allstate will likely appeal and try to get the verdict overturned.

About The Author:
Attorney Edward A. ("Ted") Bills can be reached at 719.444.1000 or at http://www.SpringsAttorney.com.

Attorney Ted Bills has one mission - to fight for the rights of personal injury victims and those who have been devastated by the misconduct of others - he represents clients with an aggressive approach designed to provide SWIFT justice.

Attorney Bills is a member of the American Bar Association, the Colorado Bar Association, the Colorado Trial Lawyers Association, and the El Paso County (Colorado Springs) Bar Association. He works in tandem with his clients to provide assertive, business-savvy, legal services that solve problems, reduce delays, and minimize costs.

Nothing on this site constitutes an attorney-client relationship nor does it constitute legal advice.

What follows is a story first published under the byline of Chicago Tribune staff reporter, Michael Higgins, on July 6, 2006:

“A former middle-school pupil who was left a quadriplegic at 13 after a trampoline accident in his extracurricular tumbling class cannot sue Chicago Public Schools, the Illinois Supreme Court ruled Wednesday.

“Lawyers for Ryan Murray, now 26, had argued that school officials failed to supervise the tumbling class properly, allowing 8th graders to spring off a mini-trampoline onto inadequate mats.

“But in a 4-3 vote, the Supreme Court said that school officials were immune from suit unless they acted "willfully and wantonly" to endanger Murray.

“The majority found that while the accident was tragic, the most Murray’s lawyers could hope to prove was that school officials were negligent.

“‘Clearly there is no evidence that the defendants intended for Ryan to be injured in any way,’ Justice Mary Ann McMorrow wrote for the majority. ‘Trampolining is a hazardous activity, and accidents can occur even when spotters are used and safety equipment is available.’

“The accident occurred Dec. 14, 1992, at Bryn Mawr Elementary School.

“Named as defendants in the case were the Chicago Board of Education, Chicago Youth Centers and the Youth Centers employee who had been supervising the class.

“In a dissenting opinion, Justice Thomas Kilbride argued that Murray should have been allowed to present his case to a jury.

“Kilbride said that, according to Murray’s expert witness, the lack of adequate mats caused Murray to land "partially on the mat and partially on the bare gymnasium floor."

About The Poster
Attorney Edward A. ("Ted") Bills can be reached at 719.444.1000 or at  http://www.SpringsAttorney.com.

Attorney Ted Bills has one mission - to fight for the rights of personal injury victims and those who have been devastated by the misconduct of others - he represents clients with an aggressive approach designed to provide SWIFT justice.

Attorney Bills is a member of the American Bar Association, the Colorado Bar Association, the Colorado Trial Lawyers Association, and the El Paso County (Colorado Springs) Bar Association. He works in tandem with his clients to provide assertive, business-savvy, legal services that solve problems, reduce delays, and minimize costs.

Nothing on this site constitutes an attorney-client relationship nor does it constitute legal advice.

It was bound to happen, two D.C. lawyers filed a class-action lawsuit on June 27, 2006 on behalf of 13,000 city workers and retirees whose personal data was compromised in the theft of a laptop from a government contract worker this month.

The lawsuit was filed in D.C. Superior Court against ING Annuity and Life Insurance Co., seeking at least $10,000 in damages and lifetime identity-theft monitoring for each of the 13,000 city workers and retirees.

ING manages two retirement plans for D.C. government employees. The company notified city officials on June 16 that an employee’s laptop containing workers’ personal data — such as Social Security numbers — had been stolen on June 12.

Company officials noted the potential for identity theft because of the laptop’s lack of encryption or password protection.

While ING offered to provide identity-theft monitoring for one year, the attorneys said that one year is not good enough.

"You don’t take away my identity and tell me how you’re going to help me get it back," one attorney said. "I’m going to get it back through any means necessary. One year and one day from now, if someone decides to take my identity, ING cannot say that it is not responsible."

However, company officials at ING said they will make credit monitoring and fraud expense coverage available to all victims for as long as it is needed.

"We are committed to making this service available for as long as necessary to protect the participants," an ING spokeswoman said. "ING has communicated directly with all affected individuals and is working with them to help put in place the protections being offered by ING at its expense."

Last week, ING mailed letters to the 13,000 workers, warning them about identity theft and encouraging them to enroll in credit monitoring and identity-fraud protection through Equifax.

About The Author:
Attorney Edward A. ("Ted") Bills can be reached at 719.444.1000 or at http://www.SpringsAttorney.com.

Attorney Ted Bills has one mission - to fight for the rights of personal injury victims and those who have been devastated by the misconduct of others - he represents clients with an aggressive approach designed to provide SWIFT justice.

Attorney Bills is a member of the American Bar Association, the Colorado Bar Association, the Colorado Trial Lawyers Association, and the El Paso County (Colorado Springs) Bar Association. He works in tandem with his clients to provide assertive, business-savvy, legal services that solve problems, reduce delays, and minimize costs.

Nothing on this site constitutes an attorney-client relationship nor does it constitute legal advice.

Physicians really love “blind studies” where one group of individuals is given a particular medication while another group is given placebos (e.g., a ‘dummy’ pill). Now here comes a study that even lawyers might appreciate:

In an Associated Press, July 5, 2006, story it seems that healthy adults, who were given maximum doses of Tylenol for two weeks had abnormal liver test results, raising concerns that even recommended amounts of the popular painkiller might lead to liver damage.

In the study, 106 participants took four grams of Tylenol — equivalent to eight extra-strength Tylenol tablets — each day for two weeks. Some took Tylenol alone and some took it with an opioid painkiller. Dummy pills were given to 39 others.

There were no alarming liver test results among the people who took the placebos. But nearly 40 percent of people in all the other groups had abnormal test results that would signal liver damage, according to the study that appeared recently in the Journal of the American Medical Association.

One of the study co-authors, Dr. Neil Kaplowitz, of the University of Southern California said "I would urge the public not to exceed four grams a day. This is a drug that has a rather narrow safety window." And Kaplowitz added that heavy drinkers should take no more than two grams daily.

Another co-author, Dr. Paul Watkins of the University of North Carolina, said he’s less worried than Kaplowitz, noting that acetaminophen, the active ingredient in Tylenol, has been used for 50 years and has a good safety record.

The maker of Tylenol, McNeil Consumer & Specialty Pharmaceuticals, said its own research found much lower rates of abnormal liver results. The company’s studies tracked high-dose users over longer periods than did the new study.

The researchers had been hired by the drug company Purdue Pharma LP, maker of the prescription painkiller OxyContin, to find out why abnormal liver tests were showing up in people testing a combination drug containing the acetaminophen and the opiate hydrocodone.

Purdue Pharma stopped its hydrocodone study early because of the abnormal liver tests. Researchers Watkins and Kaplowitz thought they would find the culprit in hydrocodone’s interaction with acetaminophen.

"Our jaws dropped when we got the data," Watkins said. "It doesn’t have anything to do with the opiate. It’s good ol’, garden-variety acetaminophen."

Acetaminophen is more popular than aspirin or ibuprofen. Each week, one in five U.S. adults uses it for pain or fever, a 2002 survey found.

Acetaminophen is included in numerous over-the-counter and prescription medications, making overdose possible as people unwittingly combine drugs. Overdoses of acetaminophen are the leading cause of acute liver failure.

New research under way at the University of North Carolina may determine if acetaminophen’s effect on the liver continues for long-term, high-dose users, or if the body adapts, Watkins said.

About The Author:
Attorney Edward A. ("Ted") Bills can be reached at 719.444.1000 or at http://www.SpringsAttorney.com.

Attorney Ted Bills has one mission - to fight for the rights of personal injury victims and those who have been devastated by the misconduct of others - he represents clients with an aggressive approach designed to provide SWIFT justice.

Attorney Bills is a member of the American Bar Association, the Colorado Bar Association, the Colorado Trial Lawyers Association, and the El Paso County (Colorado Springs) Bar Association. He works in tandem with his clients to provide assertive, business-savvy, legal services that solve problems, reduce delays, and minimize costs.

Nothing on this site constitutes an attorney-client relationship nor does it constitute legal advice.

Below is an interesting story from USA Today under the byline of Kim Painter, published 7/2/2006, under the headline “Brittle truth of bone drugs.”

“Osteoporosis was once a little-known condition with few treatment options. Broken hips and hunched spines often were seen as inevitable signs of old age, especially for women.

“Not so today. Bone-saving drugs are big business, heavily marketed in ads that feature vibrant, youthful-looking women. But who, exactly, should be taking these medications?

“That’s a subject of debate among doctors, amid some evidence that the people who may benefit most — the oldest adults with the frailest bones and the highest immediate risks of debilitating fractures — are the least likely to get them. Meanwhile, some doctors worry that younger postmenopausal women at relatively low immediate risk are being treated aggressively with medications too new to have long-term safety and efficacy records.

"’Older patients are often ignored,’ says Michael McClung of the Oregon Osteoporosis Center in Portland. ‘They come into an emergency room with a wrist fracture or even a hip fracture and are usually not even considered as candidates for osteoporosis treatment.’

“Susan Bukata, an orthopedic surgeon in Rochester, N.Y., agrees. ‘Orthopedists are fixing the bones without asking why the bones broke in the first place.’

“Also, one study of 44,000 women ages 65 to 90 found that the oldest women were the least likely to get tests that use X-rays or sound waves to measure bone mineral density (BMD). Doctors rely on BMD scores — ideally combined with knowledge about a patient’s other risks for bone fracture — to determine who needs a bone drug.

“Fewer than 10% of women over age 75 in the study were tested over a two-year period, vs. 27% of women ages 65 to 70, says researcher Joan Neuner of the Medical College of Wisconsin in Milwaukee.

"’I do worry that there is some sense that it’s too late for women in their 80s,’ she says. But it’s not, she says, because medication can work quickly to cut the risk of fractures.

“Without treatment, an 80-year-old woman is two to three times more likely to break a bone in the next 10 years than a 55-year-old woman with the same low BMD score, McClung says.

“Meanwhile, many 55- and 60-year-old women with borderline low-bone-density scores are being treated, hoping for a long-term payoff in fewer broken bones, says Ethel Siris, president of the Washington, D.C.-based National Osteoporosis Foundation. That hope is based on some reasonable assumptions, she says, but no definitive studies.

“Both younger and older women — and their doctors — should benefit from clearer, updated guidelines that will provide specific 10-year fracture risks based on a patient’s BMD, age and other risk factors. The foundation’s new guidelines will be based on standards under final review at the World Health Organization.

“But those guidelines, perhaps a year away, won’t answer all questions, including how long a patient should stay on the drugs and whether long-term use might actually impair bone quality or bring other hazards.

“Already, one red flag has been raised around the most popular class of bone drugs, known as bisphosonates. According to some reports, patients who take these medications — which include Fosamax, Actonel and Boniva — can develop a condition in which jawbones deteriorate. For now, it appears to be a ‘real but quite rare side effect,’ most often seen in cancer patients who take very high doses of the drugs, Siris says.”

Attorneys across the USA are wringing their hands at taking on cases against Fosamax, Actonel, and Boniva; its just a matter of time.

About The Author:
Attorney Edward A. ("Ted") Bills can be reached at 719.444.1000 or at http://www.SpringsAttorney.com.

Attorney Ted Bills has one mission - to fight for the rights of personal injury victims and those who have been devastated by the misconduct of others - he represents clients with an aggressive approach designed to provide SWIFT justice.

Attorney Bills is a member of the American Bar Association, the Colorado Bar Association, the Colorado Trial Lawyers Association, and the El Paso County (Colorado Springs) Bar Association. He works in tandem with his clients to provide assertive, business-savvy, legal services that solve problems, reduce delays, and minimize costs.

Nothing on this site constitutes an attorney-client relationship nor does it constitute legal advice.

When the New York Times runs a story (June 28, 2006) under the headline “Rising Insurance Rates Push Florida Homeowners to Brink” you know that it must be true, since everybody understands that you can always trust anything published in the New York Times.

Far be it for an attorney to come to the aid of an insurance company, but insurance companies are in the business of assuming risks and hazards must be evaluated from time to time.

Surely the departure of the Pinto is sample enough and everyone has listened to the story that insurance companies are like the banker who will loan you an umbrella when the sun is shining but demands it back when it commences to rain.

The article in the New York Times under the byline of Lynn Waddell goes on to say that “Florida is losing its luster for many residents…who are scouring for homeowner’s insurance after two ferocious hurricane seasons and struggling to pay for what they find. Abandoned by insurers with cold feet and empty pockets, homeowners are increasingly turning to the Citizens Property Insurance Corporation, the state-created insurer of last resort, which by law must charge more than private insurers to be noncompetitive. Citizens has picked up 150,000 homeowner policies in Florida since June 2005 [according to] a spokesman, and expects to add another 320,000 by the end of the summer.

One must wonder when the New York Times will headline a story “Rising Insurance Rates Push California Homeowner to Brink”?  California is known for earthquakes, right?

The New York Times not withstanding; Florida and California will likely continue to grow and answers to insurance costs will be identified.

About The Author:
Attorney Edward A. ("Ted") Bills can be reached at 719.444.1000 or at http://www.SpringsAttorney.com.

Attorney Ted Bills has one mission - to fight for the rights of personal injury victims and those who have been devastated by the misconduct of others - he represents clients with an aggressive approach designed to provide SWIFT justice.

Attorney Bills is a member of the American Bar Association, the Colorado Bar Association, the Colorado Trial Lawyers Association, and the El Paso County (Colorado Springs) Bar Association. He works in tandem with his clients to provide assertive, business-savvy, legal services that solve problems, reduce delays, and minimize costs.

Nothing on this site constitutes an attorney-client relationship nor does it constitute legal advice.

When an injury occurs to a patient due to improper conduct by a health care provider, it is termed medical malpractice.

Thousands of deaths and injuries occur every year due to medical malpractice. Medical malpractice is not restricted only to the doctor but by legal definition encompass nurses, dentists, therapists, radiologists, laboratory technicians, clinics, hospitals, and etc.

Numerous lawsuits are filed every year for medical malpractice in the US. Patients or family have the right to claim both economic and non economic damages. Generally claims are made for improper medication, improper surgery, misdiagnosis, negligence etc. The patient can file a lawsuit even when informed consent have been given by the patient. The principle behind these types of claims is that the doctor is not absolved of responsibility even if the patent consents.

Medical malpractice cases are complicated for various reasons. The primary reason is that when the patient comes under the care of the health care provider he/she is already ill or injured. Hence it becomes complicated to assess the damage caused by negligent medical care independent of the illness or injury.

Another complication in medical malpractice is that the burden of proof is on the plaintiff (patient). The plaintiff needs to prove three things in court:

1. That the health care provider failed to provide the patient with adequate and reasonable care; and

2. That this failure to provide reasonable care is the cause of the damage caused to the patient; and

3. It is the responsibility of the health care provider to pay for the damages.

A further complication is that the plaintiff has to produce expert witness. There are very few doctors willing to testify against a fellow doctor, even in cases of gross negligence. Hence it is vital to hire a good and experienced lawyer, a medical malpractice lawyer. Most law firms take medical malpractice cases on contingent basis and provide the necessary expert witness. Contingent basis means the law firm gets paid from the damages recovered from the defendant.

Most medical firms are covered by insurance. Generally insurance companies shy away from paying damages to the patient unless the patient is represented by an experienced lawyer so as to avoid the risk and costs of a trial and the awarding of greater penalties.

Courts generally levy two types of penalties on a guilty defendant: they are compensatory and punitive.

Compensatory penalties are given to make good the damages to the patient and there are of two types of compensatory penalties, economic and non-economic damages.

Economic damages are awarded to compensate for monetary losses like medical care cost, the cost of medicines, and loss of income. The economic damages are awarded for both future and past losses.

Non-economic damages are awarded to compensate for non economic damages like pain, disfigurement, embarrassment, emotional stress, and etc.

Punitive penalties are awarded to punish the health care provider however they are rarely awarded.

About The Author:
Attorney Edward A. ("Ted") Bills can be reached at 719.444.1000 or at http://www.SpringsAttorney.com.

Attorney Ted Bills has one mission - to fight for the rights of personal injury victims and those who have been devastated by the misconduct of others - he represents clients with an aggressive approach designed to provide SWIFT justice.

Attorney Bills is a member of the American Bar Association, the Colorado Bar Association, the Colorado Trial Lawyers Association, and the El Paso County (Colorado Springs) Bar Association. He works in tandem with his clients to provide assertive, business-savvy, legal services that solve problems, reduce delays, and minimize costs.

Nothing on this site constitutes an attorney-client relationship nor does it constitute legal advice.

Personal Injury law comes under the umbrella of law of torts in the US. The name tort is derived from the French word tort, which means wrong. Personal Injury is also a term applied to any damage or harm done to a person’s body, reputation, rights, or property.

Personal Injury claims can be filed under both civil and criminal law suits depending upon the details of the case.

Personal Injury includes, dog bites, motor accidents, wrongful death, product liability, medical malpractice, sexual harassment, emotional duress, bodily harm, damage to reputation, nuisance etc. The person suffering the personal injury may be able to recover damages from the person/company causing the injury.

Damages are financial compensation for loss of income, disability, loss of love and affection, emotional distress, pain etc.

The law of torts is divided into 4 categories: intentional torts, negligence, strict liability and nuisance.

1. Intentional torts are those torts that are committed by a wrong doer purposely. For example: battery, assault, false imprisonment, defamation, trespassing, invasion of privacy, causing emotional distress, racial or sexual discrimination, and etc.
   

2. Negligence torts are those wrongs, which are done unintentionally. They are the most common of the tort cases in court. They include product liability (products that are dangerous to the users even when used correctly), medical malpractice, misdiagnosis, and etc.
   

3. Strict liability torts are those wrongs, which are borne out of occupational hazards and use of dangerous products. They need not be due to negligence of the defendant. Occupational hazards like construction workers, factory workers, and etc. Anywhere it is the duty of the employer to provide a safe working atmosphere.
   

4. Nuisance torts are those wrongs which interfere with an individual’s use of his land or property. For instance noise pollution by a factory, smoking by individuals in public places, and etc.
   

If you are injured, contact a personal injury lawyer to check the merits of the case, to see if a case exists, the amount of potential damages, and etc.

Most law firms take personal injury cases on contingency basis, meaning that the lawyer gets paid from the claim on winning the case.

About The Author:
Attorney Edward A. ("Ted") Bills can be reached at 719.444.1000 or at http://www.SpringsAttorney.com.

Attorney Ted Bills has one mission - to fight for the rights of personal injury victims and those who have been devastated by the misconduct of others - he represents clients with an aggressive approach designed to provide SWIFT justice.

Attorney Bills is a member of the American Bar Association, the Colorado Bar Association, the Colorado Trial Lawyers Association, and the El Paso County (Colorado Springs) Bar Association. He works in tandem with his clients to provide assertive, business-savvy, legal services that solve problems, reduce delays, and minimize costs.

Nothing on this site constitutes an attorney-client relationship nor does it constitute legal advice.