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In 2007, Horizon Blue Cross Blue Shield of New Jersey was involved in a class action lawsuit filed by a group of nine medical specialists; including podiatrists and ophthalmologists. The medical specialists claimed that Blue Cross Blue Shield class action lawsuit stemmed against Horizon Blue Cross Blue Shield because of denied insurance claims that were considered “medically necessary” treatment for patients.  The medical specialists also contended that following an appeal process, which required a significant administrative expense, the insurance company very slowly paid the doctors for the patients’ services.

This lawsuit, known as Sutter v. Horizon Blue Cross Blue Shield of New Jersey, Esx-L-385-02, resulted in Horizon agreeing to settle the case. The provisions in the settlement, included:

  • Financial compensation of approximately $1750.00 per physician over a five year period.
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 In our very mobile society, relocation of a custodial parent after a divorce or paternity is quite common.  Indiana family law lawyers have found many reasons  for custodial parent moves.

This is especially true in these very difficult economic times when a move from where a custodial parent lives may be necessary in order to obtain employment.  If the move is a substantial distance from the original location, there is no doubt that such a change in location may cause a great amount of grief and heartbreak for the non-custodial parent.  Sometimes a move is made for other economic and/or quality of life reasons such as a move to an area where there is a lot of family.  Unfortunately, sometimes, the reason for relocation after a very acrimonious and hard fought divorce or custody battle may be for the purpose of taking a child away from the non-custodial parent, and not for a legally acceptable reason.

Indiana Relocation Custodial and Non-Custodial Parent Rights

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Child restraint systems sold by Dorel, Eddie Bauer and Costco have been part of recalls for failure of the system to meet safety regulations. There are numerous types and models that are a part of the recall so it’s best to go to the manufacturer’s website and locate your model to find out if the system is a part of a recall.   In the meantime, here are some tips.

Purchase Child Restraint Seats That Have Been on the Market for Five Years!

In numerous cases, product defect that cause safety hazards are not identified until the product is sued by mainstream society. So, waiting until the product has completely saturated the market will allow for unknown defects to be discovered and repaired before you purchase your product. Make certain that the plastic on the product has not expired which may elevate the risk for injury.

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Loogootee Nursing Home located in Loogootee, IN recently faced the Indiana Court of Appeals following a lawsuit from a resident who was injured.

The resident was sitting on the porch of the nursing home when Carroll Ledgerwood, a brass player who was planning to appear at the nursing home, accidentally slipped his foot off the brake and drove onto the porch, hitting the resident. The resident suffered serious injuries, including: the inability to walk, dress himself or perform other daily living activities for several months. This would cause a person in this condition to bear significant costs to pay for assistants to help perform daily living activities. Caregivers can cost anywhere from $10.00 per hour to $25.00 per hour, depending upon the severity of the disability. The resident sued both Loogootee Nursing Home and the Carroll Ledgerwood.

Last year, Judge Pfleging heard several court hearings and motions to determine that Ledgerwood could be considered a “gratuitous servant” as defined by a 1983 Indiana Court of Appeals decision regarding the employment-servant relationship. However, the judge found that the driver wasn’t acting as a servant when driving which would mean that there is no validity in the lawsuit against the Indiana nursing home. The trial judge also determined that the Loogootee Nursing Home was not obligated to perform a duty since the accident was an unforeseeable event.

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Ten tire companies have been subject to a recall for numerous types of tires that they sell. The primary reason for the recall across all companies was that the tire failed to comply with federal safety requirements. Defective tires pose a serious risk of a car accident which may result in injury for the driver, passengers and other people affected by the crash.

Tires Recall Models

Since there are several tire models that are affected by the recall, it is important to check the manufacturer’s website to see if your tires are a part of the recall. It is important to note that recalls do not necessarily occur when the product first appears on the market. Recalls may take place in any time period after the product has reached the market.  Certain tires supplied by the following companies are a part of the June 2010 recall.

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If you have a Shrek Forever After 3D” Collectable Drinking Glass from McDonald’s that you have purchased, stop using the cup immediately because it has recently been linked to a cadmium risk.   The cup was manufactured by ARC International, of Millville, NJ and distributed by McDonald’s. There were 12 million cups made.

There have not been any injuries reported to date. However, the designs on the glass contain cadmium and long term cadmium exposure is associated with health risks. Medicla condtinos that have been linked to cadmium poisoning include: skin death, renal disease and an increased risk of osteoporosis.

The recalled cup is a 16 ounce glass that comes in four different designs including: Shrek, Fiona, Puss n’ Boots, and Donkey. The cups were available in McDonald’s restaurants nationwide from May of 2010 to June 2010 for a purchase price of roughly $2.00.

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Over 335,000 vehicles have been a topic of discussion as subjects in the latest vehicle recall. This reinforces the idea that no vehicle is immune to the possibility of a recall. Though, the risk of a recall is less after the vehicle has been on the market for five years or more. This is because the masses have used the vehicles for a long time period, providing ample time for risks not discovered during the design or production process to be discovered and repaired.  The most recent risks are:

The Dodge Caliber and Jeep Compass have been known to create a risk for a sticky pedal that may result in an accident, injury or death. The 2008 and 2009 Dodge Grand Caravans and Chrysler Town & Country Minivans are also part of the recall. These vehicles are associated with risk of fire due to an improperly routed wiring harness which may short circuit. There is another defect in the affected Crystal vehicles. In some vehicles, the front inner fender liner may inadvertently rub against the brake lines, resulting in the risk of a brake line leak, break failure and a crash.

Injury Reports

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If you are or were a Countrywide mortgage holder, you may be at risk of identity theft following a breach in computer security at the firm. The risk has been identified for hundreds of homeowners s who may or may not have received a notice from Countrywide if they have moved. The court has appointed Ben Barnow, Barnow and Associates, P.C., of Chicago, Illinois, and Burton H. Finkelstein, Finkelstein Thompson LLP, of Washington, D.C., as “Co-Lead Settlement Class Counsel”to oversee this class action lawsuit. However, lawyers from across the U.S. may able to represent your interests if you have been a victim of identity theft.

Countrywide has reserved millions to settle cases that they project will be brought against the company for this security breach. Under the current settlement agreement, mortgage holders who had their information stolen by an outside party are entitled to receive the following compensation, but costs may be significantly higher if you are a victim of identity theft. Remember, it is unknown if or when the thieves will attempt to use the mortgage holders’ personal information.  For this reason, it may be wise to contact an attorney to see if you may be entitled to other compensation because once you accept the proposed settlement, you will not be able to file any other lawsuit against Countrywide for this security breach.

The Proposed Settlement Benefits

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Food manufacturers have specific regulations they must follow when providing information on their labels about the contents of their food. Twenty two food manufacturers have recently violated regulations provided in the Federal Food, Drug, and Cosmetic Act. The crux of the violations include the manufacturers providing information to consumers that falsely identifies the food as being healthy or offering health benefits. There were also false claims made by the manufacturers about the nutritional value of the product. This is why the recall was put into place for twenty two food products.

The FDA has determined that violations surrounding the disclosure of false nutritional content and health benefits pose a risk for consumers in light of the prevalence of obesity and diet related diseases.  The FDA is developing guidelines for labeling of food products to better inform consumers about caloric and nutritional ingredients that are beneficial for health and those that pose a risk to health.

Food labeling helps people to make the appropriate food choices. Over 40 million people are obese and a good majority of the U.S. population is overweight. As people have become more conscientious about food, they have come to rely on the information provided on food labels. The violations related to mislabeling by the twenty two food manufacturers can actually pose health risks for people that relied on the product for that reason.

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Kuuma Stow and Go barbecue grills were reported to cause three fires and minor burns on the hands of victims that were using the barbecue grill. The reported injuries prompted the recall of nearly 5000 grills in the U.S. market. Eastwind Industries, Inc., the manufacturer, cited that propane tanks in Model number 83726 may leak fuel if the fuel container is not fully threaded onto the regulator during installation. This grill recall is only one example of the many product recalls that take place every year.

Manufacturers are responsible to design products in a way that safeguards against risks such as a fire hazard. If the manufacturer is unable to guard against a risk in the development of the product, the manufacturer must display a warning about the risk associated with the product on the product label.  Each year, hundreds of products are recalled because the risk associated with the product is not identified until the product hits the mainstream market and injuries occur. Then, the recall is announced. In some cases thereafter, the product manufacturer redesigns the product to meet safety requirements or adds a warning to the product label. In some cases, the recalled product is banned from the U.S. market.

Eastwind conducted the recall in cooperation with the U.S. Consumer Product Safety Commission. The Kuuma Stow and Go Grills, made in Thailand, were sold in U.S. nationwide stores from January through August 2009. Eastwind has made available new instructions for the installation of the barbecue grill parts and will provide a new tool to use when cleaning the fuel system.  This remedy is considered acceptable at this time, according to Consumer Product Safety Standards.

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