Personal Injury and Social Security Disability Blog

Do Ignition Interlocks Stop Drunk Drivers?

From Parade Magazine comes this quick survey about the use of vehicle ignition interlocks for people convicted of drunk driving. Visit the link to vote in the survey. Here are the details:

Drunk drivers kill about 13,000 Americans each year and injure hundreds of thousands more. Now, California and Wisconsin are considering new laws that would require people convicted of drunk driving to use a technology called an ignition interlock. Drivers blow into a device that measures blood-alcohol content. If the level is too high, the car will not start. Fourteen states already routinely use the technology, which experts say can reduce subsequent drunk-driving offenses by up to 64%.

Critics say that manufacturers of the devices—for which convicted drunk drivers must pay up to $110 a month—have aggressively lobbied to make the units mandatory to increase profits. But law-enforcement officials say ignition interlocks work. “When the device is on, you see a decrease in repeat offenders,” says Barbara Lauer of Florida’s Department of Motor Vehicles. “Once it’s off, the numbers go right back up.”

Obama Signs Equal-Pay Bill Into Law

President Obama yesterday signed his first bill into law, the Lilly Ledbetter Fair Pay Act. USA Today (1/30, Jackson) reports the new law "makes it easier for workers to sue companies for pay discrimination and effectively reverses a 2007 Supreme Court decision that had given workers 180 days to file a lawsuit after the pay inequity allegedly first took place. ... In 2007, the U.S. Supreme Court ruled 5-4" that Lilly Ledbetter "had failed to file a discrimination suit against the Goodyear Tire & Rubber Company in a timely manner, citing a 180-day deadline. Earlier this month, the Democratic-run Congress voted largely along party lines to essentially reverse that ruling with a new law that extends the deadline every time a discriminatory pay check is issued."
        The Washington Times (1/30, Bellantoni) reports the President called the bill "an important step, but 'only the beginning,' adding he wants to close pay gaps between men and women." Ledbetter "promised to keep fighting for the Paycheck Fairness Act and to 'make sure that women have equal pay for equal work.'" That bill "passed the House last session." It "would expand lawsuit damages, make it harder for businesses to justify pay disparities between employees, and mandate studies and voluntary guidelines for employers on the issue."
        Lawyers USA (1/30) reports, "President Barack Obama signed his first bill into law this morning, enacting the Lilly Ledbetter Fair Pay Act, which will restart the statute of limitations for unequal pay employment bias claims with the issuance of every disproportionately low paycheck" which "overturns the 2007 U.S. Supreme Court decision Ledbetter v. Goodyear Tire and Rubber Co." Sen. Edward M. Kennedy, Chairman of the Health, Education, Labor and Pensions Committee said, "Today's signing ceremony proves that elections make a real difference for real people. The Lilly Ledbetter Fair Pay Act will clearly help to end unfair discrimination in the workplace."
        The New York Times (1/30, Stolberg) reports, "President Obama signed his first bill into law on Thursday, approving equal-pay legislation that he said would 'send a clear message that making our economy work means making sure it works for everybody.'" NBC Nightly News (1/29, story 2, 2:40, Guthrie), ABC World News (1/29, story 3, 0:20, Gibson, the CBS Evening News (1/29, story 5, 0:55, Couric) also cover the story.

From the American Association for Justice news release.

Friday Fun

The Oops List - photos and videos of "oops" moments.

Social Security Expands Fast-Track Disability Processes

The Social Security Administration has announced this week that more than 100,000 disabled applicants are to get quick decisions in their claims. This is of course great news for those in the small percentage who have managed to get their claims on the fast-track. Unfortunately, for the vast majority of claimants, the wait between initial application and final disposition is grindingly slow. But this is a step in the right direction, and possibly a sign of things to come. Here is the official press release from the Social Security Administration:

Michael J. Astrue, Commissioner of Social Security, announced today that improvements to the agency’s computer modeling system have increased the number of claimants receiving expedited approvals for disability benefits.  Social Security’s two-track system -- the Quick Disability Determination (QDD) process and Compassionate Allowances -- is now fast-tracking about 4 percent of all disability cases, a sharp increase from the 2.7 percent of cases fast-tracked last year.

"In practical terms, this means that this year 100,000 to 125,000 disabled Americans -- those with the most severe disabilities -- will be approved for benefits in about 10 days instead of waiting the three to four months it typically takes for an initial decision," Commissioner Astrue said.  "These initiatives are truly a lifeline for those who need it most."

Under QDD, a predictive computer model analyzes specific data within the electronic file to identify cases where there is a high potential that the claimant is disabled and where Social Security can quickly obtain evidence of the person's allegations.  Through Compassionate Allowances, Social Security expedites the processing of disability claims for applicants with medical conditions so severe that their conditions by definition meet Social Security's standards.  These fast-track systems increase the efficiency of the disability process and also help free up resources so the agency can better cope with an increase of about 250,000 cases resulting from the current economic downturn.

"During these tough economic times, getting Social Security and Supplemental Security Income disability benefits quickly to Americans who are unable to work helps them and strengthens our economy.  For SSI recipients, expedited approvals also ensure they immediately get the vital medical coverage they need," Commissioner Astrue said.  "It is critical that we continue to embrace innovative technologies in order to improve the services we provide to the public."

Tainted Peanut Butter Recall May Become Largest Product Recall In History

News sources quickly picked up on the implications of Tuesday's revelation that the Peanut Corporation Of America had been knowingly shipping tainted peanut butter since the beginning of 2007. NBC Nightly News (1/28, story 4, 2:10, Williams) reported early in its broadcast that the tainted peanut butter "problem goes back further and is much larger than originally thought." NBC's Robert Bazell reported, "this could end up being one of the largest food recalls in US history with ten times or more the current number of products involved." FDA officials "say the recall could involve thousands of foods, including candies, ice creams, cookies, energy bars, peanut butter cracker sandwiches, and large vats of peanut butter used in institutions such as schools, hospitals, and nursing homes...as well as roasted peanuts and peanut meal." Bazell concludes his report saying that this outbreak "is definitely going to become exhibit A in the argument about how our food safety system is broken."

The AP (1/29) reports, "The salmonella outbreak spawned one of the largest ever product recalls Wednesday by a Georgia peanut plant where federal inspectors reported finding roaches, mold, a leaking roof and other sanitary problems. Managers at the Blakely, Ga. plant owned by Peanut Corp. of America continued shipping peanut products even after they were found to contain salmonella." Stephen Sundlof, head of the FDA's food safety center said he was "confident' that "that it's one of the largest recalls we've had."

The New York Times (1/29, A15, Harris) reports, "One of the largest food contamination scares in the nation's history grew far larger on Wednesday as a Georgia peanut plant that federal regulators said knowingly shipped contaminated food recalled even more products." On Wednesday, the Peanut Corporation of America "expanded its recall from all products made since July to all those made since Jan. 1, 2007. The company supplied some of the largest food makers in the nation." The FDA's Dr. Stephen Sundlof said, "We don't have a good idea of how much of that product is still out there." The Minneapolis Star Tribune (1/29) and the ABC News (1/28) website also cover the story.

From the American Association for Justice news release.

Dallas County to Block Vehicle Registrations for Unpaid Tickets

Dallas County is owed more than $200 million by drivers with unpaid traffic tickets. Beginning within a few days, Dallas County will start refusing to renew vehicle registrations for owners with unpaid fines. So if you owe money, you need to pay up before your current registration expires. Here are details in excerpts from a recent article in the Dallas Morning News:

Dallas County has tried numerous ways to collect overdue fines from misdemeanor offenders, and yet they still owe the county more than $209 million.

But scofflaws' days of skating clear could soon come to an end. Within a matter of weeks, county officials will implement an innovative but little-used program to block offenders' vehicle registrations until they pay their overdue fines.

But not everyone in Dallas County is optimistic that blocking registrations will get people to pay up.

Commissioner John Wiley Price said some people will drive without valid registrations so they can spend their money on utility bills and food. The worsening economy will not help, he said.

A budget crisis has placed new urgency on the county's ability to collect overdue traffic fines. The county anticipates a budget shortfall of at least $24 million this year. Departments are being asked to cut 10 percent of their budgets, and a tax rate increase is considered likely this year because of slumping real estate values. Consequently, more than 751,400 citations in Dallas County have not been paid, according to information released by the county this week. Many date to the 1990s and earlier. "The objective of this is to get them to pay the money they owe," he said of scofflaws.

Unlike most counties, Dallas County gets slightly more than half of its annual revenue from fines and fees. Other counties rely more heavily on property-tax revenue.

Fee-collection efforts are popular because they take the burden off taxpayers. The philosophy is that users of the criminal justice system should help pay for that system.

Dallas County's problem is that its justice of the peace courts have not done a stellar job of collecting traffic fines, according to state statistics. The courts have collected 51 percent of fines and fees – the third-poorest result out of 37 counties surveyed.

Obama Administration Has Issued Stay to Stop Pending Preemption Rules

In a blog entry on the Huffington Post website (1/28) Les Weisbrod writes, "It has become devastatingly clear that the drug and medical device companies will do just about anything to make a buck, regardless of the effect on public health and safety. And the FDA is unable to police an industry that time and time again has engaged in dubious tactics and put lives at risk." Weisbrod writes, "The Bush administration decided that since the FDA approved the drug or medical device, the manufacturer should be immune" and "preemption is not some hypothetical concept, but has real-world consequences." He adds that "preemption language has been silently inserted into regulations regarding mattresses, the roof crush strength of your car, and railroads carrying hazardous materials." Weisbrod concludes, "Thankfully, the Obama administration issued an immediate stay on Tuesday to stop pending rules, many of which included preemption language."

From the American Association for Justice news release.

Local Retailers Assure Consumers That They Have Plan in Place for Recalls

The Florida Times-Union (1/25, Salman) reported, "The recent recall of peanut butter products related to a salmonella outbreak that left more than 480 people sick and six dead nationally - although no illnesses were reported in Florida - has local retailers taking steps to ensure the problem is controlled." Natt Ambrosius, general manager of the Southside Native Sun said, "Food retail is a very fast-moving network." He added, "You need to have a very fast approach or people will get ill. It's often very difficult, but better safe than sorry."

New recalls in salmonella outbreak. The AP (1/25) reported that there were several more recalls in the salmonella scare. Among the new recalls were: "Arbonne International LLC is recalling certain lots of its Arbonne Figure 8 Peanut Butter Chews because the products could be contaminated with salmonella," "Whole Foods Market is recalling its Whole Foods Carob Energee Nuggets," "Jewel-Osco, a division of Supervalu Inc., is recalling its Happy Tails multi-flavored dog biscuits" and "Kellogg Co. announced the recall of two varieties of ShopRite brand peanut butter sandwich crackers."

The AP (1/23) reported, "Supreme Protein Inc. said Friday it is voluntarily recalling certain lots of its Supreme Protein Peanut Butter Crunch Bars and Caramel Nut Bars because they contain peanut paste which may have been exposed to salmonella bacteria at a Georgia manufacturing facility."

The Los Angeles Times (1/24) reported, "Trader Joe's today issued a voluntary recall of some products containing peanut butter linked to a salmonella outbreak that has sickened almost 500 people in 43 states."

From the American Association for Justice news release.

The Trouble With Carfax

My friend and Oklahoma attorney Louis M. Green has an interesting post on his blog about the accuracy of Carfax reports. He titles his post The Trouble With Carfax. Here are the opening paragraphs. Check it out.

Most people purchasing used cars rely solely on Carfax to let them know whether or not the vehicle they are buying has been wrecked or has other serious problems.  That is understandable because Carfax has created the perception that if there is a problem with a vehicle, it’ll be on a Carfax report.  Car dealers, eager to make sales, are more than happy to perpetuate that perception.

As an attorney who handles automobile fraud cases, I have seen many instances where my clients were shown a clean Carfax for a vehicle, and it turned out to be wrecked anyway.  How does that happen?

Friday Fun

Who doesn't love the comic strip Peanuts? Unfortunately Charles Schulz passed away in 2000, so there haven’t been any new ones in years. But at least you can see every one of the old Peanuts comic strips at comics.com.