22 November

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FDA Recalls Another Blood Pressure Drug for Possible Cancer Risk

The U.S. Food and Drug Administration announced a third blood pressure medication recall over concerns the contaminated drug might cause cancer. Sandoz Inc. is voluntarily recalling losartan potassium hydrochlorothiazide tablets because the pills could contain an impurity N-nitrosodiethylamine (NDEA). The substance is a probable human carcinogen, according to the International Agency for Research on Cancer. Losartan affected by the recall are 100 milligram/25 milligram tablets with the lot number JB8912. The contaminated medication was not distributed before Oct. 8. Patients who are currently taking this medication are advised to speak with their doctor before stopping use, because the risk of going off of the medication might be greater than...

20 November

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Jury Awards $1.85 Million in Lead-Paint Poisoning Case

Posted by orincohenlaw

in Injuries, Insurance, Premises Liability

A Hartford jury has awarded $1.851 million to a painter who suffered severe lead-paint poisoning after working on a house he was told was lead-free. To date, with interest, the award is about $2.2 million. The Nov. 8 jury award in Hartford Superior Court followed a contentious seven-day trial, which included the defendant allegedly giving the middle finger to the plaintiff in court. After deliberating for eight hours, the six-person jury found in favor of 54-year-old Colchester resident Richard Vichas, who, according to his attorney, was emotional on the stand and broke down several times. According to an Oct. 29 amended lawsuit, Vichas...

15 November

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Company Owners Consider Limits on Alcohol at Holiday Parties

Posted by orincohenlaw

in Accidents, Injuries, Insurance

The alcohol will flow less freely, and sometimes not at all, at some small business parties this holiday season. Owners concerned about sexual misconduct and the safety of staffers and guests are eliminating or limiting the open bar, making their events alcohol-free or switching from a traditional cocktail party to activities including games and contests. Human resources consultants and employment law attorneys say they’re fielding more questions about alcohol and parties than in the past following the string of high-profile sexual misconduct cases that began a year ago. They’re advising their small business clients to impose limits on how much people drink. Ladan Davia...

13 November

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Insurers Gain High Marks After Hurricanes Florence, Michael

Posted by orincohenlaw

in Injuries, Insurance, Wrongful Death

After the two recent billion-dollar disasters struck the southeast this fall, the nation’s largest property/casualty insurers responded by deploying their CAT response teamsto the affected areas. J.D. Power surveyed consumers affected by the storms to understand which insurance companies were most responsive and how the industry performed overall. “When consumers enter into an agreement with an insurance company they are essentially buying a promise.” says Tom Super, director of the insurance practice at J.D. Power. “When Hurricanes such as Florence and Michael occur, it shines a light on those companies that are able to deliver on that commitment at great scale, and...

08 November

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Commercial Insurance Prices in U.S. Increase for First Time in 3 Years

Posted by orincohenlaw

in Accidents, Car Accidents, Injuries, Insurance

Commercial insurance prices in the U.S. increased modestly in the first quarter of 2018, according to leading global advisory, broking and solutions company Willis Towers Watson’s Commercial Lines Insurance Pricing Survey (CLIPS). The survey compared prices charged on policies written during the first quarter of 2018 with those charged for the same coverage during the equivalent quarter in 2017. Price changes were in excess of 1 percent for the first time in 11 quarters, breaking the moderating trend in price increases observed since 2013. Data for three standard lines — commercial auto, commercial property and excess/umbrella liability — indicated fairly significant...

06 November

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Insurers Could Face More Bad Faith Suits if Legislation Passes

Posted by orincohenlaw

in Accidents, Insurance

Legislation pending in New Jersey could make it easier to file bad faith lawsuits against insurers. The New Jersey Insurance Fair Conduct Act is currently under consideration by the Assembly Financial Institutions and Insurance Committee after having been passed by the Senate. If approved, SB 2144 would take effect immediately. Jack Vales, a partner in the Short Hills, N.J. office of Dentons US, and colleague, Erika Lopes-McLeman, a senior managing associate in the same office, issued a bulletin on the legislation recently. Under current law, if an insurer can show a debatable reason for a coverage decision, that will defeat any type of bad faith...

01 November

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NYPD Suspends Body Camera Requirement After 1 Explodes

Posted by orincohenlaw

in Accidents, Injuries, Premises Liability

The New York City Police Department scrambled Monday to find ways to quickly replace thousands of body camera devices it suddenly stopped using after an officer said one caught fire and exploded as he headed out on patrol over the weekend. The department shelved about 3,000 of its newest model Vievu LE-5 units, about one-fifth of its body camera inventory. Officers using other models will continue to wear them, the department said. Deputy Commissioner Jessica Tisch said pulling the LE-5 cameras from use made it unlikely the department would meet its goal of equipping the vast majority of officers with body cameras by the...

30 October

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Study: Speed Limit Enforcement Cameras Save Money and Lives in NYC

Posted by orincohenlaw

in Accidents, Injuries, Truck Accidents

Speed cameras rank among the most cost-effective social policies, saving both money and lives according to research conducted at Columbia Mailman School of Public Health. Using the 140 speed cameras in New York City as a case study, researchers analyzed how to optimize the number of cameras such that the most lives can be saved at the lowest cost. They reported that doubling the number of cameras from 140 to 300 would save $1.2 billion while improving the quality and the duration of New Yorkers’ lives. The findings are published online in the BMJ journal Injury Research. “There are an optimal number of...

25 October

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OSHA Reveals Top 10 Violations for 2018

Posted by orincohenlaw

in Accidents, Construction Workers', Injuries, Premises Liability

The Occupational Safety and Health Administration (OSHA) announced the preliminary Top 10 most frequently cited workplace safety violations (current as of October 1) for fiscal year 2018. Patrick Kapust, deputy director of OSHA’s Directorate of Enforcement Programs, presented the Top 10 as part of the 2018 NSC Congress & Expo, an annual gathering of safety professionals. While the rankings for OSHA’s Top 10 most cited violations vary little from year to year, violation No. 10 on this year’s list, “Eye and Face Protection” (1926.102), was not on the 2017 list. The Top 10 for Fiscal Year 2018 are: 1. Fall Protection – General...

23 October

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Higher Costs Associated With Denied Workers’ Comp Claims

Posted by orincohenlaw

in Accidents, Construction Workers', Premises Liability

Workers’ compensation claim denial rates increased a little over one percent between 2014 and 2017, according to a white paper published earlier this year by Lockton. The increase is significant because of the increased costs associated with denied claims. The analysis examined denial rates and focused on answering two questions: What’s driving the increase? Is a high denial rate in the best interest of the employer? The top 10 most common reasons for workers’ comp claim denials include: No medical evidence of injury. No injury per statutory definition. Reservation of rights. Pre-existing condition. Idiopathic condition. Intoxication or drug-related violation. Stress non-work related. Failure to report...

November 2018