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On Sunday September 5, 2010, Kyler VanNocker lost his battle with cancer. Please click here to read the full article.
Our heartfelt sympathy goes out to the VanNocker family and all of those who knew and loved Kyler.
Attorney David Senoff of our Philadelphia office represented the VanNocker family in a lawsuit against HealthAmerica who refused to pay for experimental treatment for Kyler. The case gained national attention for its timeliness during a heated healthcare debate in early spring.
After HealthAmerica denied coverage for Kyler's MIBG treatment, the Children's Hospital of Philadelphia submitted the bill to New Jersey Medicaid, since Kyler was a New Jersey resident. While they didn't have much hope that Medicaid would pay, since they are the insurer of "last resort" and are only supposed to pay "excess" charges, no one held out much hope for payment. Medicaid paid and then the Hospital agreed to "write-off" the remaining charges.
But the fact is, we were fortunate that New Jersey Medicaid and Children's Hospital of Philadelphia were willing to do the right thing. It doesn't change the fact that, for most families, the system is still broken. Insurance companies still have the power to interfere with medical decisions that should be made between doctors and patients.
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U.S. District Judge James Selna signed an order giving lawyers on both sides 100 days to carry out the discovery process. This means attorneys for the hundreds of plaintiffs and lawyers for Toyota have just over three months to exchange documents and take depositions.
]]> Discovery includes a variety of means of obtaining information, including written questions called "interrogatories," questioning under oath (depositions), and written requests for documents and other items (computer files, medical exams, product inspection and testing, etc.) known as "requests to produce."According to the Associated Press, Judge Selna said the 100-day window provides enough time for all the discovery tasks to be finished.
Toyota's Unintended Acceleration Recall
Toyota recalled millions of vehicles because of reported problems with acceleration, braking and electronics systems in several models. The Japanese auto giant disputes the charges, and has in the past blamed sticking floor mats and driver error for widely publicized crashes, injuries and deaths in its vehicles.
All of the federal cases have been merged in Selna's court. The depositions and evidence from Toyota in the consolidated federal case will be distributed to product liability attorneys, judges and plaintiffs in state cases around the country. This process will eliminate the need to have witnesses testify over and over again in courts across the nation.
Lawyers for both sides hope to find information to use to sway the federal judge. Plaintiffs' attorneys will make the case that Toyota knew of design and manufacturing flaws in its vehicles and sold unsafe products regardless. Those attorneys are asking to take testimony from witnesses in nearly two dozen categories relating to the design and testing of the carmaker's electronic throttle system and braking system. They're also asking for data from so-called "black boxes" in the cars; recorders that store information about the car collected in the seconds before airbags deploy.
Toyota's lawyers will be getting fact sheets about plaintiffs for review.
The next scheduled court date is Sept. 20, 2010.
]]>The program is intended to improve traffic safety and to raise money for the cities and state.
]]> The money raised through fines issued for violations caught by the camera will be divided three ways. PennDOT would receive half of the fine money, the state police would receive 25 percent, and the city that installed the cameras would receive the final 25 percent.Pittsburgh, mired in a pension crisis, would put 75 percent of the money received toward the pension issue and use the other 25 percent on roads.
The pilot program in Philadelphia, begun in 2005, raised $3.9 million by issuing 92,826 citations in 2009, according to the Philadelphia Parking Authority.
Critics of the Program
However, the program is not without critics. Gary Biller, executive director of the National Motorists Association, notes that 15 states have either banned or severely limited the use of red light cameras.
Gary Biller indicated there may also be due process issues: "You don't have a live witness to an alleged offense. The registered owner is considered guilty until proven innocent."
Senator Jim Ferlo, the lone vote against the cameras in the Pennsylvania Senate, stated: "The bill is just fraught with problems and associated with a lack of due process. I just think it's fundamentally about raising revenue." He further stated: "There's an issue about whether or not it's appropriate for people to be paying fines to fund pensions."
The legislation, as passed by the Senate, may face critics in the House. Representatives Joe Markosek and Rick Geist expressed concern that the language in the legislation was "too broad." Rep. Markosek stated: "That bill went a bit beyond what is reasonable. It's a bit too much."
Increased Accidents?
Another concern is that the cameras may actually increase the number of auto accidents at the intersections where they are installed. Rajiv Shah, a University of Illinois professor, conducted a study that showed that accidents increased by five percent at intersections in the city of Chicago where cameras installed.
Biller noted that in many cases of red-light cameras, "The accident rate actually goes up," and the incidence of rear-end accidents increases. If you or a loved one has been injured in a motor vehicle accident at a red light or on the highway, talk to a personal injury attorney to determine if you are entitled to compensation for your injuries. Experienced attorneys may be able to help you use an existing red-light camera as evidence in your case if you are rear-ended at a stoplight.
]]>Like the sun rising in the east, you can count on insurance companies to work every angle and file every appeal to try and avoid paying legitimate claims. You have to take them to court to get them to do anything, and for most people, that's not a practical option. Frankly, it's what the insurance companies are counting on.
That's why Attorney David Senoff and Caroselli, Beachler, McTiernan & Conboy took on the case of five-year-old Kyler Van Nocker.
Kyler has neuroblastoma, a rare form of childhood cancer that attacks the nervous system. He's been fighting it every day for more than two years. Late last year, he needed a treatment called MIBG. His health insurance company, HealthAmerica, told his parents, Paul and Maria, that it wouldn't pay for the treatment.
The problem is, HealthAmerica is using faulty reasoning and unreliable arguments to deny coverage. Since the only way to get an insurance company to do the right thing is to take them to court, that's what we're doing.
You can read about the case in the Philadelphia Daily News today.
Read the complaint we filed on Kyler's behalf.
Think Progress pointed out in a blog post today that "One of the worst abuses of private insurance companies is the practice of using spurious reasons to deny claims for medical treatments, which are often necessary for saving patients' lives." We couldn't agree more.
That's why we do what we do and that's why we're fighting for Kyler Van Nocker.
At our law office, we have received several calls from people who have had a family member injured in an accident involving a Toyota or Lexus where a defective accelerator pedal may be to blame.
On February 5, 2010, a report by Safety Research & Strategies, Inc. outlines some of the issues with the defective vehicles, how long Toyota and the National Highway Safety Administration has known about the problem and what has been done so far. Please click here to read the full report.
If you have any questions about an injury which occurred during an accident where a defective Toyota or Lexus may be to blame, it is in your best interest to contact an attorney at Caroselli, Beachler, McTiernan & Conboy today so important evidence may be preserved. You must act quickly so our lawyers can hold Toyota accountable for the injuries they have caused.
We are now happy to introduce our blog, a forum that we hope will provide another way to keep clients and other visitors informed on updates in our practice and in the law.
Your input means a great deal to us. We invite your feedback on the blog, and we take your comments seriously. Please feel free to respond to our posts or to talk with an attorney at our Pennsylvania law offices. Call us at 866-466-5789 or contact us online to discuss your specific legal need today.
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