Big Companies Make Big Mistakes and then Act Like Babies

Fortune Magazine had an Opinion article by journalist, Becky Quick, entitled:

"Toyota. Boston Scientific. Big Banks. Why So Many Companies Can't Say 'We're Sorry,' And Why That's Bad for Business."

Ms. Quick retells the account of an 84-year-old patient that had a Boston Scientific defibrillator and received an accidental shock to his heart.  Instead of apologizing the company sent letters to the medical journal that printed the account questioning the doctor that observed the incident. 

We all know the plight of our tax money going to the Big Banks that were "Too Big to Fail".

Toyota's rise to global infamy may have come as a surprise to many consumers but not to Toyota as the Wall Street Journal reported knowledge of the problem with the gas pedals for nearly a year before the company was actually forced to admit to it.  (Secretive Culture Led Toyota Astray by WSJ).

Interestingly, Ms. Quick poses this question and then answers it herself:

So why do corporate execs seem to have such a hard time making apologies? Maybe because admitting a mistake can be expensive when you head a major corporation. Plaintiffs' lawyers would have a field day with an apology, and recalling a product is expensive. Levick, a crisis-communications firm that has helped companies recall more than 100 products, estimates that it costs twice as much to recall a product as it does to litigate claims related to faulty goods.

I have gone over Costs Benefits Analysis in other blog posts. As a consumer you need to become a little more conscientious about what you are buying and from whom. Otherwise, your ignorance will work hand and hand with the profit analysis of big corporations. Those corporations count on your fear in making that call to get help from Plaintiffs' lawyers when the company's products do harm to you or your loved ones. 

None of you will care until it happens to you, your son, your daughter, husband, wife, or loved one. I remember my early days with the American Red Cross. I worked with the blood services side because I had been a cancer survivor that received blood and platelets. Who better to recruit donors?  My spill to potential donors was always this:

If you or your loved one had a horrible wreck, got stricken with cancer, or needed blood or platelets immediately, wouldn't you go to the hospital and expect it to be there? Why? You aren't willing to give it yourself. Why should you or your loved one get it?

People usually got the point but the Red Cross thought my approach was a little too intense.  I went to law school where my intensity could be better focused on companies that do wrong. Never a shortage in work there.

Leukemia & Lymphoma Society Man of the Year Fundraiser

Every 4 minutes one person is diagnosed with a blood cancer.

I was one of those people 14 years ago and as of March 13, 2010, I am embarking upon a ten (10) week fundraising effort to raise $15,000.00 for the Leukemia & Lymphoma Society.

Every dollar counts as one vote, and the titles are awarded to the man and woman with the most votes at the end of ten weeks; the top local fundraisers in the country win the national titles.

Funds raised by the Leukemia & Lymphoma Society Man & Woman of the Year participants are used for:

  • Lifesaving blood cancer research
  • Financial assistance to cover patient expenses for transportation, medication and testing
  • Free educational materials and events for patients and their families
  • Local programs such as Family Support Groups and First Connection, a peer-to-peer counseling program
  • Comprehensive, personalized assistance through our Information Resource Center

Get in the game and start supporting this cause. If not for me, for the cause itself.  I would appreciate any financial assistance you could provide. Yes, I am financially contributing thousands of dollars that I am not counting towards the $15,000.00 goal, so you are  not alone.

 

Go to the Leukemia & Lymphoma Society Man of the Year personalized website to donate! Or by clicking here.

http://scar.mwoy.llsevent.org/pledge/index.cfm?mid=TREYMILLS

I have previously written about my cancer experience and after you donate money feel free to read it. If you don't donate money, you can't read it.

(Bad Word) If You Have Never Had Cancer!

 

Felony DUI in Anderson Car Wreck Leaves More than Injuries

The Anderson Independent was reporting that a young lady, Julie George, was charged with one count of felony driving under the influence involving a death for an accident that occurred in Anderson County on Friday, March 5, 2010.

According to the South Carolina Department of Public Safety, this was the tenth death in a motor vehicle crash this year in Anderson County, the highest year-to-date of any county in the state. Ms. George admitted to texting while driving in the moments before the wreck and was unable to pass preliminary alcohol tests. 

The driver that Ms. George struck head on and fatally injured had a 7-month old child and fiancee. 

 

 

St. Francis of Greenville Emergency Room Visit

I was stepping out of my car onto a curb the other day in downtown Greenville, South Carolina and heard my left foot "pop" three quarters of the way up the foot on my left side.  I immediately felt pain and could not put weight on my foot.  I went straight to the nearest emergency room, which was St. Francis Hospital

The nursing staff and front end people were amazing. They got me in, took my information, got me back to a room in less than thirty minutes. The x-ray technician came and wheeled me into the x-ray room and then carted me back. All that was done within an hour and half. Amazing and I was impressed (at that point).  

Then I felt I was living in Dr. Seuss' "Waiting Place" from Oh! The Places You Will Go. Finally a PA, or physician's assistant, came in and pushed around on the area I indicated was in such pain. I jumped around of course as she did that and she made the comment that maybe she should go look at the x-rays. Really!? The ones you ordered before you ever saw me?

Lastly a nurse comes in and gives me an Ultram tablet and says they are going to wrap the broad side of my foot in an ACE Bandage. Really!? Why? What was the results of the x-rays? Why can I not put weight on it?

No doctor, no consult as to the result of the x-ray, no explanation as to what is wrong with my foot if nothing was broken. Or were they just going to send me home with a fracture to follow up? Did I mention that outside of nursing staff I had billing come back and take my $250.00 co pay for my ER visit?  Money paid and claims will be filed on my health insurance but for what? I got a form that says I saw a doctor. I never saw a doctor. Do you think I will be charged for seeing one? 

When I responded I wasnt leaving until someone explained the results of the x-ray, the possible diagnosis, what I could do to get better, and what I needed to watch out for, they sent the PA back in.  She apologized for it being so hectic (calmest ER I have ever seen and my mother was ER nurse at Lexington Medical Center for 15 years-so I have seen hectic ERs) and then told me I had a sprain.

Fast forward two weeks and I am still in pain and can not put much weight on my foot. I go to Anderson Medical Center, they refer me to Blue Ridge Orthopedics and low and behold, x-rays reveal a broken metatarsal bone in my foot (one of the bones that leads to your toes).

Important things to take from this:

  1. This is not worthy of medical malpractice. Medical professionals range from good to bad just like all professionals.  St. Francis provided poor care. That's it. Move on.
  2. If you have a personal injury, only you know how your body feels.
  3. If you are unhappy with services provided to you, try another hospital, doctor, or medical provider.

 

Personal Injury Claims and Bankruptcy (Part Two)

 

In Part One, I explained that if you don’t list your personal injury claim in your bankruptcy, you don’t “own it” any longer and don’t have the right to pursue the personal injury claim.   In this post I’ll tell you about another problem you’ll have and about a real case right here in South Carolina.

Judicial Estoppel Can Really Cause You Problems

If you fail to list legal claims during your bankruptcy, you may forever lose the right to pursue those claims. Once the other lawyer finds out your bankruptcy is inaccurate, you can’t say, “Whoops, I guess I’ll call my bankruptcy lawyer and list that claim on my schedules!” It’s too late.   

This problem just raised its ugly head in the United States District Court here in South Carolina.  Blanche Wright had a legal claim against Richard Guess alleging violation of her civil rights. But when Ms. Wright filed bankruptcy, she didn’t list the federal lawsuit. 

Predictably, the defense attorney found out about her bankruptcy filing. And they always do, by the way.

The defense then asked the court to dismiss Ms. Wright’s case because (1) she didn’t have standing to bring it—that is, she didn’t “own” the claim; her bankruptcy estate did, and (2) because Ms. Wright’s claims should be barred because of judicial estoppel.

What Exactly is Judicial Estoppel Anyway?

As Judge Anderson explained, “judicial estoppel is ‘an equitable doctrine that prevents a party who has successfully taken a position in one proceeding from taking the opposite position in a subsequent proceeding.’” This means you can’t say, “I have no legal claims” in your bankruptcy by not listing your personal injury case, then turn around and say, “I do have a legal claim” in your state or federal court case. You can’t “play fast and loose with the courts,” as Judge Anderson explained in Ms. Wright’s case.     

Although Ms. Wright actually amended her bankruptcy after the defense filed its motion to dismiss, this didn’t impress Judge Anderson, who stated, “[c]ourts have repeatedly rejected the argument that judicial estoppel should not be applied when the debtor-plaintiff has attempted to remedy an omission by amending her bankruptcy filings.” 

What’s All This Mean?

The bottom line is this:

  • You must notify your personal injury lawyer if you intend on filing bankruptcy. He needs to know. And he may also be able to refer you to a bankruptcy lawyer he knows will be qualified to handle your case.
  • You must list your personal injury claim on your bankruptcy schedules. Don’t ever hide anything from any lawyer you hire, and this is especially true when dealing with assets like claims in your bankruptcy estate.
  • If you don’t list your injury claim in your bankruptcy estate, you may lose it forever. Saying “oops, I forgot” will not work. 

Your lawyers want the best outcome to your cases. Help them help you by keeping them informed of all your legal problems. 

 

(This is a guest post written by Russell A. DeMott. Click on his biography below for more information about Mr. DeMott's bankruptcy practice.)

 

 

Russell A. DeMott is a bankruptcy lawyer practicing in Charleston, South Carolina. He represents clients in Chapter 7 and Chapter 13 bankruptcy.