1. Tort cases make up only 6% of civil filings in state courts;
2. Tort filings in state courts declined by 21% from 1997 to 2006;
3. Tort actions represent less than 1% of all civil filings in federal courts;
4. Manufacturing companies ranked “fear of litigation” as their lowest concern – well behind material costs, energy prices, foreign competition, and taxes;
5. Median legal expenses of individuals who incurred them in the last year were not exorbitant, but ranged between $4,000 to $5,000.

Tort reform deprives Americans of their legal rights to file a claim and receive fair compensation when they have been the victim of another’s negligence or misconduct.

For years, corporate America has been trying to convince Americans that there is a tort crisis.  Again, the data simply does not support this conclusion.

A study conducted by the Harvard School of Public Health concluded that 97% of medical malpractice claims are meritorious.  Furthermore, it’s businesses, not consumers, that file more litigation.  In fact, U.S. businesses file four times as many lawsuits than private citizens. So, as the data continues to shine corrective light on this topic, we see that they system is working just fine.

Prosecutors are now on an international manhunt for Dushyant Patel, the wealthy CEO of AM2PAT, Inc., who is now under a 10-count federal indictment for fraud, false statements and selling adulterated medical devices. Patel had been a respected North Carolina businessman and a frequent Republican donor. Patel’s company produced and sold heparin and saline-filled syringes and certified them as sterile to unsuspecting patients, five of whom have died.  Patel has sickened hundreds of others. In some of the worst cases, the victims contracted spinal meningitis resulting in permanent brain damage. Why? All in the name of profits, according to the prosecutors, which were $4.2 million in 2008.

The company’s rush to maximize profits led them to produce the life-sustaining syringes in a gloomy, run-down, unsterile North Carolina plant. Despite receiving numerous complaints that its needles were dirty or filled with colored particles, AM2PAT continued to sell the obviously tainted syringes to the unsuspecting public. The syringes were recalled only after being found to be contaminated with Serratia marcescens bacteria,which is found in fecal matter.

And guess what? Here’s another example of a glaring lapse of oversight by our very own FDA. Court documents show the FDA only inspected the plant once in December 2007, and that was after an outbreak of illnesses reported by the U.S. Centers for Disease Control and Prevention! North Carolina’s state drug administrator tried to inspect the plant, but said his department’s abilities are restricted and since the syringes are classified as medical devices, they fall squarely within the FDA’s oversight jurisdiction. So, the plant is now shuttered, and Patel has skipped town.

So where is he? My guess is he’s lying low overseas enjoying his ill-gotten gains at the expense of American patients.

We must demand immediate reorganization and appropriate funding of the FDA. Name a director who can and will protect the public from these unscrupulous profit-seekers. Otherwise, you or I could be the next to innocently suffer at the hands of the next sleazy profitmonger that comes along.

Louisiana requires all registered owners of automobiles to carry liability insurance. Failure to do so subjects them to fines, limited recovery of damages and impoundment of their vehicle.

The “No Pay, No Play” law prohibits uninsured motorist from collecting the first $10,0000 in property damage and the first $10,000 in personal injury damages regardless of fault. Motorist who fail to provide proof of insurance are subject to having their vehicle impounded at their expense. They may also have their license plate pulled and be required to provide proof of insurance within 3 days. If they do not  provide proof and are stopped again then they will be fined and charged a reinstatement fee.

Every driver and owner needs to be responsible and carry the mandatory liability insurance. It is also a good idea to carry uninsured motorist coverage.

According to a recent study 12.3% of Louisiana’s drivers are uninsured and that will certainly increase as the economy sours. Louisiana law provides that all drivers be afforded the opportunity to purchase uninsured motorist coverage. It is affordable and comes with your policy unless you specifically reject it.

Thankfully, the United States Supreme Court in Wyeth v Levine decided yesterday not to grant broad-reaching immunity to drug manufacturers. We applaud the ruling that holds drug companies responsible for wrongful conduct. In a 6-3 decision, the court upheld a $6.7 million jury award to a musician who lost her arm because of the administration of Phenergan, an anti-nausea medication. This is the second decision this term that rejected manufacturers’ arguments that federal regulations effectively pre-empt claims under state law.

It also comes at a time when the legislature is likewise moving on this important issue. Henry A. Waxman of California, the chairman of the House Energy and Commerce Committee, and Frank Pallone Jr. of New Jersey, the head of its health subcommittee, plan to reintroduce preemption legislation soon and a similar senate bill, sponsored last year by Edward M. Kennedy of Massachusetts, and Patrick J. Leahy of Vermont, is expected to be reintroduced.

The current regulatory environment is unquestionably broken and no longer provides the safeguards for which it was designed. Preemption profoundly aggravates this systemic problem by marginalizing, and in some instances eliminating, the tort system which serves as the final safety net for the public.

As a trial lawyer who has been practicing twenty years, this is a motto I strive for everyday.   Oftentimes I fall short of doing all the good I can, but each day presents a new opportunity to attempt to do all the good that I can for my spouse, my son, a client, a co-worker, witness, juror, or even a stranger on the street.

John Wesley said it best when he said, “Do all the good you can, by all the means you can, in all the ways you can, . . . to all the people you can, for as long as you ever can.“  I believe being a trial lawyer has given me a huge platform from which to carry out this motto and I believe it starts within, with God first, and then I work my way outward to spouse, family, friends and co-workers, and all those with whom I come in contact.

Arthur Brooks and Stephen Post, both contemporary authors who have studied the correlation between helping others and happiness, insist that not only are people who help others happier, they are also healthier.

Post says his research shows “we live a little longer if we’re generous.” Brooks, who has done a lot of current research on charity, agrees, noting that generosity leads to happiness and he states, “There’s evidence that it helps people with their asthma, in cardiovascular disease, weight loss, insomnia.”

Surprisingly, teachers involved in “service learning” have found that charitable acts, even with forced participation, caused their students grades to go up.  The TV show “20/20″ decided to see if they could reproduce such results and, after testing which involved students doing charitable acts for seven days, they found that students’ self-analysis went from being “calm and peaceful some of the time to most of the time.”

Truly wouldn’t this be a better world, both healthier and happier, if everyone attempted to “do all the good you can?”

More and more police departments are dedicating officers to DWI enforcement.  This will certainly discourage those who choose to drive while intoxicated.

As an attorney who has represented people who were seriously injured by drunk drivers, I am pleased to see the efforts of the Alexandria police department.  The Town Talk should also be commended by bringing awareness to the problem.  Car accidents which result from drunk driving can be avoided.  Hopefully people will think twice before getting behind the wheel.

Many injured workers do not realize that they must protect themselves is they are receiving Social Security disability benefits and attempting to settle their workers’ compensation claim.

If you want to continue to receive Social Security after you have settled your workers comp claim, you must have the proper language in the settle documents, as well as, a Medicare Set aside.

This is frequently a long and arduous process, but well worth it.  You can receive your workers’ compensation settlement and Social Security disability benefits, just call and ask how.

Arbitrations are supposed to provide an impartial decision that is quick, efficient and economically feasible.  You probably have agreed to arbitration in a variety of contexts that you are unaware of…service agreements, credit cards agreements, phone contracts and Internet service provider arrangements probably all include arbitration requirements.  Read the fine print.

While arbitration may initially seem like a good way to settle disputes, reported issued by consumer groups, such as Public Citizen, paint a different picture.  They suggest that the arbitration process is often heavily slated toward business.

One of the big problems with arbitration is it doesn’t allow class actions…so individuals often are unable to pool their resources.

This week the Third Circuit Federal Court of Appeals held that an arbitration clause may be struck down under state law as unconscionable if they prohit the use of the class action vehicle in cases where a large number of consumers have claims that would individually yield only small sums.

Houma v. American Express Company underscores the power of state courts to reject arbitration and anti-class action provisions that are unconscionable.  A law professor, who’s writings were cited by the Third Circuit, hs indicated that this is an important ruling becuase it makes clear that the Federal Arbitration Act does not preepmt unconscionability challenges to class action prohibitions and because it finds that choice of law clauses are sometimes trumped by strong state public policy.

The Federal Motor Carrier Safety Administration (FMCSA) has take steps to streamline the process for combining the commercial drivers license (CDL) and medical certificate records for commercial truck and bus drivers operating on the nation’s roads. Effective 1/30/09 states are required to maintain records linking medical certifications with the CDL record into a single electronic record. The new regulation will allow instant electronic access to the CDL holders’ medical certificate by law enforcement official.

The FMCSA has also proposed a rule to establish a National Registry of Certified Medical Examiners who would be required to complete training about truck driver medical and physical qualification regulations. Only those medical practitioners who have completed and maintained their certifications would be included in the National Registry and qualified to certify the fitness of interstate truck and bus drivers. The proposal would require the medical examiner to electronically transmit to the FMCSA the name and a numerical identifier for each driver examined. The new regulation and the proposed rule will benefit the motoring public, the truck driver, and the motor carrier. Uniform and consistent standards providing medically fit drivers is a safety concern for all of us traveling our roadways.

According to the National Nursing Home Survey, 2004, 11% of the U.S. nursing home residents had pressure ulcers. Stage 2 was the most common. Pressure ulcers are staged into 4 categories with stage 4 being the most serious.

A stage 2 pressure ulcer is a loss of partial thickness of the skin appearing as an abrasion, blister or shallow crater. Other findings of the survey were that residents aged 64 and under were more likely to have ulcers as well as residents in homes for a year or less.

One in five residents with recent weight loss had pressure ulcers. Pressure ulcers are serious, and are one measure of the quality of care in nursing homes. When choosing a nursing home for your loved ones, inquire about the rate of pressure ulcers and whether there is a qualified skin care specialist on staff. When visiting loved ones ask the staff what they are doing to prevent pressure ulcer and remind them they will not be tolerated.