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soonercruiser
7/24/2012, 09:28 PM
Frivilous law suits are a big problem in our current legal system....including healthcare.
I even see this in dentistry, when occassionally a known "bad actor" patient takes advantage of the system to try to get what they want, and gets it free if they can.
Several times, I, or a peer was the object of these bad actors.
And, even though we wanted a "fight" to clear the air with the facts.....the "powers to be" said....."just give them their money back It's not worth the time and effort to fight it."

Sure, I'd be the second person to scream for a lawyer if I were wrongly harmed or injured in an auto accident that was someone else's fault.
But, then again......

Here's a local Oklahoma example of what frivilous law suits can do to a business and jobs.
The story includes some facts about how the "damages" came about; and the idiots that can even blame someone else for their stupidity.
(reminds me of the womean who sued McDonals for their "hot" coffee)



Miami, OK, make of plastic gas cans will close July 31
Blitz U.S.A. CEO Rocky Flick says frivolous litigation ignited a series of lawsuits that has led the Ottawa County gas can manufacture to announce it will close July 31.

BY SHEILA STOGSDILL | Published: July 24, 2012 Oklahoman 1

MIAMI, OK — Frivolous litigation was the spark that ignited a series of lawsuits that is causing an Ottawa County gas can maker to close, said Rocky Flick, CEO of Blitz U.S.A.
Blitz U.S.A./F3 Brands in Miami filed for Chapter 11 bankruptcy Nov. 9. On Monday, the company announced it would close July 31 and lay off 117 workers.

“This is quite a blow,” said Chuck Evans, plant manager. “We hope another plant comes in and takes over.”

In 1992, U.S. Metal Container became Blitz U.S.A., partly due to a switch to plastic containers. For years, U.S. Metal Container sold gas cans to government agencies for military use. In 1966, it was the only gas can manufacturer in the U.S., and a year later the gas can was painted bright red and sold to thousands of customers nationwide, the company’s website says.

Company officials said product liability lawsuits prompted the company to file bankruptcy. The lawsuits mostly involved people pouring gasoline out of a gas can onto an open fire, and the vapors igniting and causing injuries.

“We got 100 percent of the lawsuits even though we don’t have 100 percent of the gas cans out there,” Evans said.

Flick said the company was unable to put together a reorganization plan.
The 50-year-old company will have its assets sold Sept. 6, he said.

Flick said once the first lawsuit was settled, the floodgates of litigation were opened.

“The insurance company thought it was best to settle,” Flick said. “The first lawsuit settled for around $1 million, the last lawsuit for around $10 million, but most of the lawsuits were between $5 (million) to $10 million.”

The company went to trial on two cases, winning one and losing the other, a $4 million verdict involving the death of a child.
The jury found Blitz 70 percent liable, Flick said.

The girl, 4, was living in an unheated camper in Utah when her father poured gasoline into a woodstove, which ignited, Flick said. The child and her father caught on fire, the father ran out of the camper and left the child inside while he tried to put flames out that were on him, Flick said. The case is on appeal.
Read the whole story at....
http://newsok.com/miami-ok-make-of-plastic-gas-cans-will-close-july-31/article/3694990

rock on sooner
7/25/2012, 08:19 AM
The can company and/or the insurance company have/had
incompetent lawyers for one thing. How many times have
you heard the warnings about gasoline and open flames?
And your point about stupidity is understated. And, I'd
want a list of the jurors names just so I could refuse to
do business with them,(if I were in business anymore.)

badger
7/25/2012, 08:24 AM
Do you secretly wish that you got in on the frivolous lawsuit racket before the company went under, since everyone else and their brother seemed to be getting millions in settlements from that poor little company?

cleller
7/25/2012, 09:24 AM
People are such idiots. The juries feel sorry for plaintiffs, and want to make it all better. I don't care how the gas can was manufactured, no one should be stupid enough to use gasoline that way for any reason.

marfacowboy
7/25/2012, 09:32 AM
Frivilous law suits are a big problem in our current legal system....including healthcare.

Medical malpractice is actually a tiny percentage of health care costs, in part because medical malpractice claims are far less frequent than many people believe. According to the actuarial consulting firm Towers Perrin, medical malpractice tort costs were $30.4 billion in 2007, the last year for which data are available. We have a more than a $2 trillion health care system. That puts litigation costs and malpractice insurance at 1 to 1.5 percent of total medical costs.

pphilfran
7/25/2012, 09:47 AM
The 2008 report..

One tidbit...auto accidents are trending in the wrong direction...many think it is cell phone and texting being the culprit...

http://www.towersperrin.com/tp/getwebcachedoc?webc=USA/2008/200811/2008_tort_costs_trends.pdf

KEY FINDINGS
U.S. tort costs increased by 2.1% in
2007, as shown in Table 1. The largest
increase in personal tort costs since
2003 helped fuel the overall increase
in costs. The increase in personal tort
costs was the result of a rise in auto
accident frequency, the first such rise
since 1999.
The U.S. tort system cost $252 billion
in 2007, which translates to $835 per
person or $9 per person more than
in 2006.
Overall economic growth in 2007 was
4.8%. As such, the ratio of tort costs to
gross domestic product (GDP) shrank in
2007, marking four consecutive years
of a decline in the ratio. Since 1950,
growth in tort costs has exceeded
growth in GDP by an average of approximately
two percentage points.

Certain indirect costs are also omitted,
such as those associated with litigation
avoidance. These costs range from
potentially unnecessary and duplicative
medical tests ordered by doctors as a
defense against possible malpractice
allegations, to the disappearance of
certain products or whole industries
from the marketplace because of high
product liability cost.

 Will the decline in miles driven be
long lasting or short term?

 How costly will the litigation related
to the meltdown in the subprime
mortgage market and subsequent
credit crunch be?


 Will medical malpractice loss
trends continue to remain modest
after significant growth earlier this
decade?

 Will recent court wins by employees
in EPL suits lead to more of
this type of litigation?

 What impact will the change in the
U.S. presidency and administration
have on litigation?

cleller
7/25/2012, 10:21 AM
Luckily, I've got a wise older doctor that can still think for himself. Last year I had a little dirt bike spill, and was afraid I might have cracked a collar bone.
He had me x-rayed at the clinic where he practices. He thought there was no break, but couldn't quite tell. He was debating sending me to the big x-ray place at St Francis for more Xrays. I told him him I'd be OK with going home, and if it didn't feel better in a week come back. Thankfully, he agreed to that, and everything turned out fine.
I'm sure most doctors these days wouldn't go for that.

Skysooner
7/25/2012, 04:29 PM
Frivilous law suits are a big problem in our current legal system....including healthcare.
I even see this in dentistry, when occassionally a known "bad actor" patient takes advantage of the system to try to get what they want, and gets it free if they can.
Several times, I, or a peer was the object of these bad actors.
And, even though we wanted a "fight" to clear the air with the facts.....the "powers to be" said....."just give them their money back It's not worth the time and effort to fight it."

Sure, I'd be the second person to scream for a lawyer if I were wrongly harmed or injured in an auto accident that was someone else's fault.
But, then again......

Here's a local Oklahoma example of what frivilous law suits can do to a business and jobs.
The story includes some facts about how the "damages" came about; and the idiots that can even blame someone else for their stupidity.
(reminds me of the womean who sued McDonals for their "hot" coffee)



Miami, OK, make of plastic gas cans will close July 31
Blitz U.S.A. CEO Rocky Flick says frivolous litigation ignited a series of lawsuits that has led the Ottawa County gas can manufacture to announce it will close July 31.

BY SHEILA STOGSDILL | Published: July 24, 2012 Oklahoman 1

MIAMI, OK — Frivolous litigation was the spark that ignited a series of lawsuits that is causing an Ottawa County gas can maker to close, said Rocky Flick, CEO of Blitz U.S.A.
Blitz U.S.A./F3 Brands in Miami filed for Chapter 11 bankruptcy Nov. 9. On Monday, the company announced it would close July 31 and lay off 117 workers.

“This is quite a blow,” said Chuck Evans, plant manager. “We hope another plant comes in and takes over.”

In 1992, U.S. Metal Container became Blitz U.S.A., partly due to a switch to plastic containers. For years, U.S. Metal Container sold gas cans to government agencies for military use. In 1966, it was the only gas can manufacturer in the U.S., and a year later the gas can was painted bright red and sold to thousands of customers nationwide, the company’s website says.

Company officials said product liability lawsuits prompted the company to file bankruptcy. The lawsuits mostly involved people pouring gasoline out of a gas can onto an open fire, and the vapors igniting and causing injuries.

“We got 100 percent of the lawsuits even though we don’t have 100 percent of the gas cans out there,” Evans said.

Flick said the company was unable to put together a reorganization plan.
The 50-year-old company will have its assets sold Sept. 6, he said.

Flick said once the first lawsuit was settled, the floodgates of litigation were opened.

“The insurance company thought it was best to settle,” Flick said. “The first lawsuit settled for around $1 million, the last lawsuit for around $10 million, but most of the lawsuits were between $5 (million) to $10 million.”

The company went to trial on two cases, winning one and losing the other, a $4 million verdict involving the death of a child.
The jury found Blitz 70 percent liable, Flick said.

The girl, 4, was living in an unheated camper in Utah when her father poured gasoline into a woodstove, which ignited, Flick said. The child and her father caught on fire, the father ran out of the camper and left the child inside while he tried to put flames out that were on him, Flick said. The case is on appeal.
Read the whole story at....
http://newsok.com/miami-ok-make-of-plastic-gas-cans-will-close-july-31/article/3694990

This is a post I totally agree with. Seminole Co. used to and may still be called the plaintiff's county. All those pols that take money from trial lawyers and block reform should be voted out.

soonercruiser
7/25/2012, 10:24 PM
Medical malpractice is actually a tiny percentage of health care costs, in part because medical malpractice claims are far less frequent than many people believe. According to the actuarial consulting firm Towers Perrin, medical malpractice tort costs were $30.4 billion in 2007, the last year for which data are available. We have a more than a $2 trillion health care system. That puts litigation costs and malpractice insurance at 1 to 1.5 percent of total medical costs.

Are you in the medical field Marfa, so you can expound on your "experience"????
The wiffie and I were talking to a physician friend last week.
He noted that one way that hospitals and group practices are "making do" with the physician shortage (I assume that you have heard that we do have a physician shortage) is trainig, and utilizing more PAs. Because a licensed physician must supervise every PA (like sign scripts, review records and tests)....the PAs tend to order all kinds of tests, to be sure that they have all the info they need, and don't have to go back and do it again.
Voila! Increasing lab test costs! My orthopod does the same thing for my back & knee problems.
It ain't rocket science to those in the medical field.
:distant: