Phoenix Personal Injury Lawyer - Rants and Raves - Latest Comments

A comment on Michael Moore's Movie "Sicko" and Its Portrayal of US Healthcare

Jose Lebron — Sat, 04 Aug 2007 01:03:37 GMT

Thank you all for the reply's:

Thanks to Michael Moore for this graphic information without the Special Effects of Tyranny.

I'm from New England--Holyoke, Massachusetts to be exact and a citizen with an endless will to try & prove that the New Health Care Law here in Massachusetts is Unconstitutional. It is unconstitutional because it is not a Constitutional Right to force any citizen into any contract for services without voluntary will, consent, signature or authorization. It's a lonely fight and harder to see even friends of mine that have turned their backs on my statements.

The Massachusetts Constitution Preamble clearly states "NATURAL RIGHTS" not CONSTITUTIONAL RIGHTS, so how could this be legal or Constitutional to force me and all my fellow Massachusetts citizens into a force contract? (By the way, read articles 7 & 24 and see the proof, it isn't long at all). I'm fighting this till the end. What's more, this has to be the only that I know (so pardon my ignorance if I am wrong) where you pay & pay & pay & pay fines until you are forced by Law to buy Health Insurance yet never go to jail for it. So, wouldn't it make you a Felon if you oppose the New Massachusetts Health Care Law since if you do not declare to the Department of Revenue proof of Insurance?

Read my Research Paper in PDF Format and you tell me:
More ...

PS; I have no respect for Gulliani anymore the information I just read. Tell me this is not about PERSONAL GAIN and I wont shave for the rest of my LIFE.

This entire New Health Care Law in Massachusetts and the means to pass it to the Country is all about PROFIT. We are talking Health Care People, Not Health Insurance. So, Why the emphasis on forcing the people to buy Health Care since it's better Health Care we need?

Too many years of oppression & I'm ready to fight for my Natural & Constitutional Rights. No one citizen in America is entitled by Law to Buy anything without voluntary will. Does anyone even care about the U.S. Constitution?

Sorry for the rant but I haven't slept in days trying to bolster my facts. Somewhere in his Grave (RIP) Thomas Jefferson has got to be PISSED!!!

A comment on Has Your Health Insurance Company Treated You Fairly?

Anon — Thu, 05 Jul 2007 00:30:41 GMT

The accident had nothing to do with his weight and his insurability in regards to related medical care which apparently Blue Shield had no problems with in the intervening years when they were happy to take his premium money. If Blue Shield was unhappy with the man's weight and related medical costs, they had years to bring it up. Taking people's money with the knowledge that they can always connive a way out when people need the coverage is bad faith, and they clearly only looked into it to get out of covering a cost that had nothing to do with any alleged misstatements on the application.

Yes, if the woman lied on her application, it was wrong. However, insurance companies (Blue Shield among them) regularly lie, cheat, missrepresent, delay, ignore the laws, regulations and deadlines, avoid their contractual obligations, and they are rarely held accountable. If indeed this is what happened (and I would assume the insurance company propoganda machine would be in full swing so I wouldn't believe it unless I saw proof), the judge may have been merely putting the policyholder's misdeeds in perspective against Blue Shield's.

A comment on How Would Tort Reform Affect the Quality of Emergency Healthcare?

RAGGEDSTEP — Tue, 19 Jun 2007 15:28:22 GMT

Mr. Udelman, a compelling anecdote does not make a case.

There are no studies to support your claim that California emergency care has suffered under MICRA. If I have missed one, please post it on this site.

There is, however, plenty of evidence that the State's medical system is being burdened by the uninsured, illegal immigrants rising use of emergency facilities.

There are also statistics showing states that have enacted tort reform report an increase in the number of doctors willing to practice within their boundries.

You want a compelling anecdote? In 1964, I attended high in an isolated rural area. During a football game, I broke my wrist and was treated by the local OB/GYN whose turn it was to be on call for emergencies. He was a caring doctor and everything was fine except my left wrist has very, very slightly limited movement.

Today, I'm sure you could convince a jury that I could have been the greatest rock guitarist of all time if I could just bend that wrist a little more. Pay me and pay you.

But let's remember one little detail. OB/GYNs no longer practice in isolated rural areas because they can't afford the liability costs with a relatively small client load.

Enough is enough. We need tort reform in this country. Health care is far more important than rich lawyers.

RAGGEDSTEP

A comment on Has Your Health Insurance Company Treated You Fairly?

Terence — Fri, 15 Jun 2007 07:51:08 GMT

I have heard that the applicant did not understand the question: "What is your weight? " & "What is the weight of your spouse?".
Had she been truthful, she would have had the opportunity to obtain group health coverage with her employer, at the time Blue Shield told her that they do not insure folks that weigh 280 pounds if they are less than 71 inched tall. The history of HBP medications also had something to do with it.
The original trial judge agreed---she misrepresented the facts in applying for coverage. Of all the evil performed by Blue Shield (& Blue Cross) in performing groundless rescissions, why is this one in appeal?

A comment on Blue Cross of California Agrees to Settle Rescission Class Action Lawsuit

Terence — Fri, 15 Jun 2007 07:38:46 GMT

Wonderful news that Blue Cross has taken these steps. Is it true that Blue Cross will review each rescission case and make another determination? They will decide to 1] uphold rescission action or 2] reverse rescission action.
And, they will pay $1000 to some or all of the 6,000 policy owners involved?
How many of these 6,000 will be told that the rescission has been upheld? These cases should be most interesting for you to review.
I will bet you a pizza & a pepsi that more than 2,000 will remain "rescinded". What do they all have in common? Likely, an obvious lie. Even Blue Cross in their rush to rescind everyone that "may have misrepresented" their health history will find some contracts where the applicant told a blatant lie in order to obtain coverage for upcoming medical treatment. What should the sanctions be for an attempt to defraud an insurance carrier? In addition to being rescinded, those applications that reach the threshold of "obvious attempt to defraud" would be fined $5,000. The other end of the spectrum would be "no wilfull material misrepresentation".
Reducing the fraudulant applications would reduce expense of investigation and allow Blue Cross to make a determination based on the new criteria now established.
Poor training in medical matters and contract law for the decision makers at Blue Cross has opened up this bucket of worms. Now they must work very hard to raise their standard of claims administration to the standard used by 98% of the insurance company claims departments that perform PROPER RESCISSIONS every day.

A comment on How Would Tort Reform Affect the Quality of Emergency Healthcare?

Ice Pick — Thu, 14 Jun 2007 15:08:16 GMT

Mr Udelman,

While I would agree with your first order analysis, a more
rational behavior of risk management under a system where uncapped damages are
possible would be to eliminate risk, not reduce it.

To that end, Martin
Luther King
Jr.-Harbor Hospital
would have closed its emergency room, not attempted to mitigate risk.

This is not a vacuous assertion.Â Please observe the availability of Obstetricians
in the state of Illinois
were uncapped judgments are allowed.

A comment on Health Insurance Coverage in Times of Need

Terence — Tue, 05 Jun 2007 14:42:46 GMT

"company's decision to rescind a health insurance policy based on high claims expenses"
What? Don't you mean they rescind the contract because the applicant used deceit to obtain the coverage?
I have reviewed thousands of potential rescissions--if they met the STANDARD OF DECEIT then the coverage was rescinded and they got their money refunded.
Sad cases--but I could not spend the assets of my employer to pay the expense for someone who came on board on his way to have the blood work done for his surgery the next week--that would be unfair to the many insured persons who have been paying premiums every month for years.
Homicide detectives do not begin an investigation until a body is found.
Preex examiners do not examine until they have a claim to examine.
When a insurer makes an unfair decision on preex, then that is something to discuss with the Dept of Insur. Perhaps they will review their decision? Some companies rescind even when there is no written application and no evidence of misrepresentation! Blue Cross did this---it was horrible conduct. I got the decision reversed in my capacity as policy officer with the CA Dept of Insur.
Every rescinded party deserves a review--but the facts will show that 50% did omit information concerning their recent health history material to the issuance of the policy.
A good preex examiner knows the difference:
"whoops, I forgot about that ER visit 3 years ago" or "whoops, I forgot about the advice I received 3 weeks ago to have an MRI".

A comment on Child Cancer Patients and Medication Errors

Beryl Shaw — Mon, 28 May 2007 06:35:45 GMT

It may well require tort reform before they take this type of criminal neglect seriously. Of course they should be forced to take responsibility. If a driver kills a pedestrian because he'/she wasn't paying attention, they're still judged guilty. As they should be.

A comment on Pharmacutical Company Pleads Guilty to Fraud involving Marketing Drug OxyContin

Matthew Smith — Tue, 22 May 2007 14:54:55 GMT

How about these executive actually doing some jail time for acting like a drug dealing ring? Why do corporate executives that kill people by lying about drugs recieve different punishments than every other illicit drug dealer?

A comment on Maricopa County Loses a Fine Judge

Mary Joe Perry — Sat, 12 May 2007 16:58:57 GMT

You forgot to mention families, that he has helped over the years. He has made decisions that regardless of recommendations,were the right decisions to be made. He has helped our family be safe and the last years of our lives to be without worry and have strengh and live in peace. His decisions and insight, forsight and instincts, have given my family and extended family guidance and unity. There were many ways that he was able to stop problems before they started, he truly listened and cared. My family has been in awe of the decisions he has made and the way he made them, he has been a blessing to us and in many ways like a hand of God. I will sorely miss him because he was not the uncaring, indifferent, unreachable person I am so used to in legal fields. I didnt have everything go my way in his court room but it was the right way, he has changed our family, made it right and given us direction for the rest of our lives it will give us what we may never have had. He will be seated by the Lord in a place of honor. I hope his family have opportunity to read this to know his work was His work here on earth. Thank you for your support in helping him become what he was because he was a blessing. Sincerely, The Perry/Hall family