April 30 – No Phone Zone Day

Tomorrow is Oprah’s national no phone zone day. Oprah continues to promote her campaign aimed at curtailing the use of cell phones while driving.Tomorrow she will do interviews and listen to stories from those who have compelling stories of how cell phones use while driving has caused serious injury and family tradgedy. We beleive that this awarenss program continues the long needed attention aimed  at convincing the public about the dangers of this activity. I have blogged on this topic before and posted details on the Oprah Pledge on our Facebook page. If you have not already done so please take the Oprah Pledge and make your promise to avoid or limit the use of your cell phone while behind the wheel. Oprah Pledge

Dennis F Feeley

Hospital Infection Rates Rise

  A recent story in the Express Times , once again, brought to light the problem hospitals are having with their infection rates. A recent government study found that  ‘very little progress’ has occurred in reducing the incidents of hospital infections. This has been an ongoing problem for over a decade. Most infections are avoidable. Nothing can be worse then when someone goes to a hospital for medical care and gets sicker because of an avoidable infection.  As the article pointed out, under the new heath care plan hospitals could be penalized through lower medicare reimbursements  if these problems persist.

According to the report:

• Rates of bloodstream infections following surgery increased by 8 percent.
• Urinary infections from the use of a catheter following surgery increased by 3.6 percent.
• The overall incidence for a series of common infections due to medical care increased by 1.6 percent.
• There was no change in the number of bloodstream infections due to central venous catheters — tubes placed in the neck, chest or groin to administer medications, drain fluids or collect blood samples.
• Rates of pneumonia following surgery dropped by 12 % the one bright spot.

Read more at MSNBC . Infections can be very serious and are a part of the frightening statistic that as many as 98,000 people a year die in hospitals from medical errors.

Dennis F Feeley

Why is John Karoly still practicing law?

Many people who know that I have been practicing law for as long as John Karoly has, have asked me in disbelief, how he could still be practicing law this long after his conviction. (In July 2009 Karoly pled guilty to tax evasion and defrauding a church out of $500,000.) His sentencing was not scheduled until later this month. The question is how can a convicted felon still be allowed to practice law  — not to mention why it is taking so long to sentence him? Most people I talk to assume that Karoly is so well-connected that he will never do jail time. There have been many incredulous lettes sent to the newspapers and to the Chief of the Pa. Disciplinary Board speculating on how and why this has happened. In fact, my long-time partner and friend Martye Cohen, wrote one of those letters and received a response from the Disciplinary Chief himself agreeing that this should not be happening and that changes were being considered. Accordingly a rule change has been proposed that would prevent this from happening in the future.

Let’s examine the current Rule 214 of the Rules of Disciplinary Enforcement. These rules set forth the penalties and act as the enforcement provisions for violations of the Rules of Conduct.

Rule 214. Attorneys convicted of crimes.

(a)  An attorney convicted of a serious crime shall report the fact of such conviction to the Secretary of the Board within 20 days after the date of sentencing. The responsibility of the attorney to make such report shall not be abated because the conviction is under appeal or the clerk of the court has transmitted a certificate to Disciplinary Counsel pursuant to subdivision (b).

Herein lies the Karoly dilemma. Since sentencing has not occurred as Rule 214 e prescribes, then Karoly is not required to report his conviction. No sentencing, no reporting and no sanction. This brings us back to the other question that many have asked. Why is it taking nine months to sentence someone who has pled guilty?

I believe that Karoly’s continued practice, especially in areas of high-profile cases, has so enraged the public, as well as honest and respected attorneys who live and practice with high ethical standards, created the momentum which resulted in the proposed change. 

As it currently stands, Rule 214, requires an attorney who is convicted of a serious crime to report the conviction within 20 days after sentencing.

Under the proposed amendment, “conviction” would be defined as “any guilty verdict, whether after trial by judge or jury, or finding of guilt, and any plea of guilty or nolo contendere that has been accepted by the court, whether or not sentence has been imposed.” Thus, the attorney would be required to report the conviction within 20 days after a guilty verdict or other finding of criminal guilt, regardless of the status of sentencing. Rule Change.

Karoly’s guilty plea was accepted by the court in July 2009. Thus, under this proposed change he would have been required to report his “conviction” within 20 days of that date. Presumably, the Board would have acted on this “conviction” in a diligent and prompt fashion resulting in the sanction being imposed before his actual sentencing, which is currently scheduled for later this month.

Because of the unartful language of the exisiting rule he has been allowed to continue representing clients and continue to make money. This embarrassment serves to point out, again, how someone who abused our laws and pled guilty gets to continue to use the system to his favor. Not fair? You be the judge.

 Dennis F Feeley

Motorcycle Diaries Part 2

One the vagaries of motorcycle insurance which often comes back to haunt bikers   regards uninsured/underinsured coverage. As I indicated in my last Motorcycle Diary blog, motorcycle insurance is in many ways different then your auto insurance. I know getting injured is the last thing you want to think about, but lets face it the statistics are against us, and usually it’s not our fault. So when you get hurt you need to know that you are protected.    

Uninsured/underinsured coverage is coverage that you buy to protect yourself  if the other guy doesn’t have insurance or not enough insurance. This coverage also protects you if the other guy doesn’t stop and flees the accident. This happens a lot, in fact it happened the other day with one of my clients. He was sideswiped as the car pulled out from the stop sign and made , yes a left turn, in front of him (see my previous blog on these stats). The car never stopped. Fortunately there was a video camera at the convenience store on the corner that captured the contact , but did not video enough of the car to get a plate number.

My client, lets call him Joe, was seriously injured. His serious injury required surgery and he lost a lot of work. Good new, bad news for Joe. He had uninsured coverage but not enough to adequately compensate him for all his losses. Now here’s the other important part. You can get additional coverage through your auto policy coverage if it has UM/UIM coverage too. But, to use this coverage (called stacking) you must be very careful. Most of the time your auto policy coverage will exclude stacking if the car and bike are not insured with the same company. In Joe’s case they were not.

Advice: Always select uninsured and underinsured coverage;  Always select the stacking option on your car policy, and even though you may save a few $$ by going with different companies –  don’t. Finally, always ask the agent whether you have these stacking options available or call me for advice. Be safe, have fun and watch out for that left turn.

Dennis F Feeley

Doctors continue to cry wolf!

How much longer do we have to hear the medical society cry that lawsuits are killing them, driving them out of the state and responsible for higher insurance rates?  No more. This morings Morning Call, Malpractice Suits Drop  , debunks this myth. There were 43% fewer lawsuites filed in 2009 then in 2003 as reported by the adminstrator for the courts in Pa.

 Both Lehigh County and Nothampton County court administrators reported to the Call that filings are down in Med Mal cases. My partner Martye Cohen is quoted in the article as saying that there is no merit to the claims being made by the medical society.

Also, even in those cases which have gone to trial, there are far fewer awards. In 2009, only 2 cases  out of 10 were won by the injured party in Lehigh and 0 were recorded in Northampton.

I would like to leave you with some facts. Between 44,000 and 98,000 Americans die each year (and 300,000 are injured) due to medical errors in hospitals alone. 8 times as many who are injured ever file a claim and 16 times as many suffer injuries as receive compensation. 

Most doctors are skilled, decent, diligent and rarely, if ever, have contact with the legal system. Only a small percentage are responsible for all of the errors.  But the truth is that mistakes are made and just like everyone else, when they do, they should be held responsible.

Dennis F Feeley

Bethlehem Public Safety Committee To Consider Cell Phone law

Just like the city of  Allentown our fair city of Bethlehem is considering a cell phone ban which will prohibit cell phone use while driving.  All of the specifics have not been released yet but the fine if you are caught would start at $50.

 City Council refered it to the Safety Committee for further consideration. Texting or talking while driving can be as distracting as though a person has had several drinks. We have been encouraging everyone we know to take the Oprah Pledge (see previous post) promising that you will not use your cell at all or limit it to hands free devices. How many of you have had close calls with cell phone users or have almost caused an accident yourself ?

I just had a call from a client, lets call her Ms. X., who told me she had just pulled off the road to talk with me because she was on her cell. Honest, I had nothing to do with it. Thanks Ms. X for giving us all a break and inspiring this post.

Dennis F Feeley

Al Franken questions AG Eric Holder on NBC / Comcast merger

A lot has been said lately about this governments continued intrusion into matters best left to the balances of nature. Universal health care is akin to socialism and government regulation of wall street will be our downfall – at least some say. One thing for certain, the fewer choices we have as consumers, the more at risk we become. Al Franken put some tough questions to Eric Holder about the proposed merger of  NBC and Comcast. The third largest internet provider and one of the big three television networks want to partner-up.   Could that be good for the consumer? Maybe, but I have to wonder. We have been down this road many times before. Disney/ABC,  XM/Serius,  Merdoch/Fox,  AOL/Time Werner. I could go on. Have these mergers worked out. For the  most part no. My concern is that it, once again, puts us at the mercy of big board room decisions. I doubt that the merger would give us less choices,  but it could. Choices are what its all about. What if all you could get was vanilla and chocolate? Great if you are the guy that makes those flavors. Not so good for a guy like me that likes coconut.  Al Franken who worked for NBC for years and has given us shows like SNL is a comedic genius. He made his living working for NBC,  so if he is concerned then maybe we should be.  No joke – thanks Senator  for asking the tough questions.

Structured Settlements

 A recent article in The Morning Call on predatory companies that prey on individuals who have been parties in legal proceedings is yet another example of the little guy being victimized.

 When lawyers settle a case for a client that involves substantial amounts of money, their job is not over.  The next step is to protect the client’s recovery by helping provide for the future through proper investment of those settlement proceeds. This type of financial planning is referred to as a Structured Settlement.

Through careful planning and properly insured annuities a client’s future medical needs and living expenses can be secured. Oftentimes clients are minors or infirmed or simply not capable of making these financial decisions. This type of planning leverages their money into the future with modest but very secure returns. It is important to note that the lawyers do not get paid anything more to provide this service, but it is their duty to assure that the proceeds they helped obtain are protected and invested wisely.

This service is complex and requires much time and research. Frequently the court is required to approve the terms of these agreements. Oftentimes these Structures extend over the lifetime of an injured party. Historically, these types of Structured Settlements were untouchable and could not be accelerated, not even by the client.

However, creative financial Wall-Street types have found ways to get around these non-acceleration provisions. Long after the lawyer is out of the picture they solicit these people through direct mailings and highly produced television advertisements that entice these people to sell them their Structured Settlements. They offer to buy them back from the companies the lawyer worked with to create some financial security. On its surface these “buy-backs” wouldn’t necessarily be bad, if those companies were paying a fair price for them. Unfortunately, they do not as the article wisely pointed out. The immediacy of receiving a lump-sum cash payment is often too tempting for many people and they end up becoming victimized again. Frequently, when they sell out to these mercenary companies they give up what could make the difference between some financial security and certain hardship.

Fortunately, in Pennsylvania, we have a statute that requires that the court approve these “buyouts.” The trouble is that the court often doesn’t have all the facts and appreciation of the person’s situation or a full understanding of the consequences of the loss of that future certainty. The reported cases set forth in Mr. Yates article are perfect examples of how these companies work. Vinnie the loan shark would give them a better deal than these companies. They pay pennies on the dollar. Judge Zito was right on the money (literally) when he cited these companies as unconscionable and their practices usurious. When lawyers are contacted before these transactions take place we do everything within our power to discourage them, but sometimes the client has already become intoxicated with the gratification that the cash in hand will bring. As the article also points out, most of the time the money is not going to be used for a life necessity but for some consumer product such as a car.

These practices should be regulated by State or Federal statutes setting limits on how much profit these companies can take out of the accounts of these victims. We need more judges like Judge Zito to set the tempo.

Dennis F Feeley

feeley@nni.com

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Motorcyclist Beware: Avoid Accidents

As a motorcycle rider and a lawyer with 30 years experience representing motorcycle riders, it is my obligation to remind everyone that the early days of spring can be the most dangerous on our roadways.  What experienced motorcycle rider hasn’t experienced loss of traction, and yes, even an occasional loss of control when encountering all those loose stones and general all-around “crap” which are the reminders of the winter we just experienced.  It’ll take a few rainstorms over several weeks for all of that debris to be washed away and the potholes to be repaired, so in the mean time be careful on those curves and pullouts.

It is the law in Pennsylvania that every motorcycle operating on the highways and roads of the commonwealth be adequately insured.  Insurance requirements on a motorcycle are much different than those of an automobile. Many riders assume they have the same coverage on their motorcycles that they do on their automobiles, and this is simply not true.  Perhaps the most important distinction between auto coverage and bike coverage is that bike coverage does not provide a medical benefit in the event that you are injured on your bike.  Unlike automobiles that are all required by law to provide medical benefit coverage, a biker must have a separate health-care insurance policy to provide him or her with coverage.  That means if you are hurt while riding your motorcycle and you do not have health insurance you’re going to have a problem.  Let’s face it, if you go down on your bike chances are greater than lesser that you are going to require medical care.  Make sure that you are adequately provided with the appropriate type of coverage.  Everyone wants to think that this is not going to happen to them but remember the old adage that there are two types of bikers: “Those who have gone down, and those that are going down.”  Given the wisdom of that saying it is very important that you provide yourself with the appropriate protection.

          I would like to leave you with one other very important piece of information that I learned many years ago while investigating a very serious motorcycle injury accident case. Statistically the National Highway Traffic Safety Administration indicates that upward of 85% to 90% of all injuries relating to motorcycle operation occur with cars making left hand turns into the path of a motorcycle.  Yeah, that’s right all those guys with their blinkers on preparing to make a left hand turn need a good second look. Always make eye contact when you can and remember drive defensively. They’re bigger than we are. Check out this site for some great tips and amazing statistics that will make you arm you with some great statistics next time you and your buddies are out riding motorcycle saftey information .

Dennis F Feeley

Cohen & Feeley

The Center For Justice And Democracy

As the primary purpose of our posts are to keep our readers and clients apprised of consumer related issues taking place through our civil justice system  we would like to point all who are interested to the web site for the  Center For Justice and Democracy. Timely reporting on issues that are relevant to all Americans appear regularly. Whatever your point of view,  staying informed makes us all better Americans. We encourage dialoge and your comments.

Dennis F Feeley