In recent months, millions of toys have been recalled from stores across America because the products violate basic safety standards. Shopping for young children has become increasingly difficult, because it often is impossible to tell which toys are safe and which are not. Some of the recalled products were covered in lead paint, built with deadly magnets, or coated in a substance similar to the “date rape” drug.
These dangerous toys should never have reached retail store shelves. However, recent Congressional investigations have revealed that the federal Consumer Product Safety Commission (CPSC) is failing to protect the public from defective products.
When children are injured or killed by toxic toys or other products, their families encounter huge legal hurdles if they seek compensation for their losses. Over 70% of all toys now sold in this country were manufactured overseas, mostly in China. These products, although cheaper, receive minimal regulatory oversight. Additionally, foreign manufacturers have argued that they are not subject to jurisdiction in United States courts.
The U. S. Congress is working on legislation to secure the rights of American consumers against foreign manufacturing mistakes. Many lawmakers agree that foreign manufacturer should be legally accountable for non-compliance with U.S. safety standards. Both the House of Representatives and the Senate are boosting the CPSC’s annual budget, as well as increasing the standards of testing and certification before products can be sold.
Marketing defective products is not only dangerous, it is wrong. Injuries sustained by simple toys can be substantial, and in some cases fatal. We encourage the U.S. Congress to continue to put pressure on the CPSC, American importers, and foreign manufacturers to ensure the safety of our families.
At the Bernstein Law Firm, we have been protecting the legal rights of victims injured by defective products for over 40 years. If you or a loved one was injured by a defective product, we recommend that you contact an experienced product liability attorney immediately.
Monday, August 4, 2008
Health Insurance Companies Resort to New Ways of Denying Medical Benefits to Policyholders
Health insurance companies are finding new ways to avoid paying claims of policyholders most in need of medical treatment.
One of the latest insurance company tactics is rescinding policies after individuals file claims, and encouraging them to pursue benefits from Medicare, Medicaid, or other sources. Another serious problem is “dual-role insurers,” which are companies that not only pay benefits, but also decide who is entitled to receive them. While the federal Employee Retirement Income Security Act allows insurance companies to do this, many argue this dual role presents an inherent conflict of interest.
Some insurers are directing staff to scrutinize each claim, to find any hint of “misrepresentation” that would be an excuse to cancel a policy. For example, a company might try to revoke a policy, if an individual did not identify a previous health problem or medical procedure on his or her initial insurance application.
Increasing public attention has prompted state industry regulators to investigate and fine some health insurers for these unfair and unlawful practices. One recent investigation revealed that an insurer paid employee bonuses, based on the number of policies they cancelled.
In short, these companies increase profits by wrongfully denying claims of their sickest policyholders, and continuing coverage only to those who are healthy.
If you or a loved one has encountered similar problems with your insurance company, you need to protect your legal rights. Contact an experienced attorney who can help you receive the medical benefits and coverage that you deserve.
One of the latest insurance company tactics is rescinding policies after individuals file claims, and encouraging them to pursue benefits from Medicare, Medicaid, or other sources. Another serious problem is “dual-role insurers,” which are companies that not only pay benefits, but also decide who is entitled to receive them. While the federal Employee Retirement Income Security Act allows insurance companies to do this, many argue this dual role presents an inherent conflict of interest.
Some insurers are directing staff to scrutinize each claim, to find any hint of “misrepresentation” that would be an excuse to cancel a policy. For example, a company might try to revoke a policy, if an individual did not identify a previous health problem or medical procedure on his or her initial insurance application.
Increasing public attention has prompted state industry regulators to investigate and fine some health insurers for these unfair and unlawful practices. One recent investigation revealed that an insurer paid employee bonuses, based on the number of policies they cancelled.
In short, these companies increase profits by wrongfully denying claims of their sickest policyholders, and continuing coverage only to those who are healthy.
If you or a loved one has encountered similar problems with your insurance company, you need to protect your legal rights. Contact an experienced attorney who can help you receive the medical benefits and coverage that you deserve.
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