Robert P. Christensen, P.A. - Advocates for Justice

The Gift of Giving

Bob Christensen — Thu, 12 Nov 2009 06:35:12 +0000

We all go through transitional periods of our individual lives. In the early years, it is fast and hard in my generation. Sixty to Seventy hour work weeks were common. My children’s generation is different. They are a generation that has received more but more than likely will be able to give less to their children. Maybe.

Each generation will place its mark on the world and each will be different. There is one constant however and that is that the greatest gift is that which is given. Wake up, give thanks and give to those who will gain from your gifts every moment of every day. You will get the gift.

Congressional Budget Office Finds No Basis Malpractice Claims Are Driving High Health Care Costs

Bob Christensen — Tue, 27 Oct 2009 19:36:45 +0000

The recent findings by the CBO that medical malpractice claims have little effect on overall health care spending did not surprise me. The CBO’s numbers are consistent with the findings of the Centers for Medicare and Medicaid Services and the National Association of Insurance Commissioners. Malpractice claims account for a miniscule 0.3% of total health care costs. In its report, the CBO also notes that recent research has found that tort reform may adversely affect patient care.

As recently stated by U.S. Rep. Bruce Braley, the best way to reduce medical malpractice claims is to reduce medical errors.

HMO Fraud Held Accountable

Bob Christensen — Sat, 17 Oct 2009 17:18:26 +0000

In 1995, Mark and Barbara Chipps received an unsigned letter from their insurance company, Humana Health Insurance Co. of Florida, informing them that their four-year-old daughter, Caitlyn, who was born with cerebral palsy, would be terminated from a special program for terribly and chronically ill patients called medical case management.

There was no medical diagnosis supporting Humana’s decision, and it clearly violated the terms of the family’s insurance agreement. When the Chipps’ appealed to the company, they were told that Caitlyn’s speech, occupational and physical therapies would be terminated as well.

The Chipps’ exhausted their resources in an attempt to continue Caitlyn’s care. Caitlyn regressed and began walking into walls. Finally the Chipps’ turned to the civil justice system for help.

The ensuing litigation uncovered widespread fraud at Humana. The insurance company had unlawfully denied coverage to more than 100 catastrophically ill and injured children in Florida in an effort to boost its bottom line. In one instance, Humana had even sent a letter to a child – not the parent – who had been in a coma for 14 years advising him that he had improved to such an extent that he no longer needed the medical case management. The insurance company was also paying bonuses to physicians and nurses based on the number of medical claims denied each month. The jury found that Humana intentionally disregarded its insureds’ health and safety, and awarded Caitlyn and her family restitution equal to the $78.5 million Humana thought it could save by cutting children’s coverage. The insurance company fought the award, and the Chipps’ later settled for $2.2 million. More importantly, Caitlyn was put back on the medical case management, and Humana’s behavior was exposed for all the world to see.

As reported by AAJ

sources: Stephen Van Drake, “Attorney Battles Humana, Again,” South Florida Business Journal, June 28, 2002; “5-Year Old Cerebral Palsy Victim Wins Landmark Trial Against Humana,” Ricci- Leopold Law Firm, http://www.riccilaw.com/CM/Articles/Articles69.asp; Chipps v. Humana Health Insurance Co. of Florida, Inc., No. CL 96-00423 AE (Fla., Palm Beach County Cir. Ct. Jan. 4, 2000.

Trial Lawyers Holding Wrongdoers Accountable

Bob Christensen — Sat, 17 Oct 2009 17:10:29 +0000

The civil justice system has been the cornerstone in keeping Americans safe by allowing them a fair chance to receive justice when they are injured by the negligence of others – even when it means taking on the most powerful corporations.

The civil justice system is the last chance for individuals wronged by corporations and their CEOs act irresponsibly by cutting corners on safety, producing unsafe products, polluting our environment, taking advantage of their employees and shareholders and cheating taxpayers through government fraud.

The trial lawyer stands in your shoes, fighting the odds to bring justice to right a wrong, even when faced with the most powerful and wealthy opposition.

Firm Recovers Half A Million Dollars for Client

Bob Christensen — Fri, 16 Oct 2009 20:52:37 +0000

We recently settled a case for half a million dollars for our client who was in his boat fishing when he was seriously injured when another boat smashed into him at a high rate of speed. Our client was slowly back trolling when the other boater hit him right smack in the rear of the boat and fractured our clients pelvis and hip socket. The negligent boater was driving blindly into the sun and never saw our client before the impact.

Although there was no alcohol or drugs involved in this crash,our client’ s injuries were preventable had the negligent boater followed the rules of the road. As with a car, one must never outdrive the headlights, and a boater must slow down or stop when he cannot see what is ahead.

The surgeon who put two large metal plates and many screws in our client’s pelvis and hip said that it was a miracle that our client lived through this trauma. Indeed, this man had great medical care, a wonderful supportive family, courage and the will to get better that had him back on his feet (although with a permanent drop foot, a cane and a great deal of continuing pain) and back in the boat fishing within a year. We were honored to be of service to this wonderful man and his family.

The International Society of Primerus Law Firms Welcomes Us Into Membership

Bob Christensen — Fri, 16 Oct 2009 20:28:35 +0000

I am pleased to announce that The International Society of Primerus Law Firms has invited us into membership and that membership has been approved. Primerus is an alliance of small to medium sized independent law firms throughout the United States, Canada and Great Britain.

It was created and is maintained by seeking out recruitment of only the very best attorneys and law firms for membership. All candidates for membership must have the highest AV rating from Martindale-Hubbell and submit to a rigorous evaluation from judges, fellow attorneys, current and former clients, bar associations and malpractice insurance carriers.

Firms accepted into membership must meet the Six Pillars of Primerus quality:

Integrity
Excellent work product
Reasonable Fees
Continuing Legal Education
Civility
Community Service

Primerus firms are audited annually to ensure that they continue to be the “best of the best” year after year.

Medtronic recalls insulin-infusion sets

NC — Tue, 28 Jul 2009 21:17:06 +0000

The Wall Street Journal (7/11, Kamp) reported, “Medtronic Inc. is recalling three million insulin-infusion sets, estimating that 60,000 of them could cause improper insulin delivery and lead to serious injury or death.” The company “said nearly two percent of the ‘Lot 8′ Quick-set infusion sets in question could have a problem properly venting air pressure. The sets are used with the company’s MiniMed insulin pump and include the thin plastic tubes used to deliver the drug.” The company “said it has mailed notifications to customers.”

The AP (7/10) reported that “the company did not report any injuries or deaths connected to the recalled products.” The sets “have the reference numbers MMT-396, MMT-397, MMT-398, and MMT-399,” and most “were distributed in the US.” According to Medtronic, “patients should stop using a product in the affected lot, and return it to the company.” Medtronic said “it will replace the sets at no charge.”

The Minneapolis/St. Paul Business Journal (7/10, Newmarker) reported that Chris O’Connell, president of Medtronic’s diabetes business unit and a senior vice president at the company, said “We are working closely with the FDA, and our goal is to make this product exchange as timely and as easy as possible for patients.”

If you or someone that you know has been exposed to the threats posed by these infusion sets, give Advocates for Justice a call at 612-333-7733

Ruby Beihoffer Is At Peace

Bob Christensen — Wed, 27 May 2009 19:35:01 +0000

There is much pain is watching a loved one die. There is such a sense of powerlessness. It is that human thing about wanting control. We see it in our every day lives and in the months and days before the death of a loved one. Busy busy busy. We are so important, controlling and so needed when we are making decisions that effect the life and death of a loved one. We are so hopelessly shallow and self-centered.

A human soul is not ours to conquer, control or covet. Rather, it is one to be nurtured, protected and always respected for its uniqueness and oneness with God. It is never about us.

Ruby was a wonderful, caring Christian woman that was want to judge or criticize as she passed on with this legacy. At times, her non-confrontative style allowed the opportunity for others to exercise control over important decisions in her life. She would never rock the boat. But Ruby is not to be judged. No unkind word passed her lips. Her love for her children and family emanated from her beautiful soul. She understood so much beyond many around her-that love is about the other person always.

I will never be like this kind, gentle Christian. I am humbled to light a candle in her honor. She raised five children as a single mother and worked hard for their success every day. She was simple in her wants but I believe left many opportunities on the table in deference to others. She was so smart and intuitive. She loved and understood your jokes, but never let you know it except through some slight smile or comment. She loved her sweets, hated chocolate and pureed food.

We miss you so much, Ruby. You have taught us so much. We love you so much.

1967 Roosevelt High School Grad Mike Botten Passes at Age 59

Bob Christensen — Sun, 05 Apr 2009 15:57:14 +0000

The church was packed yesterday in south Minneapolis with many friends of Mike Botten unable to find a seat standing to support his family facing Mike’s untimely death from cancer. Many of us who saw Mike nearly every day in high school did not stay in touch with him much after high school and the early years thereafter. Listening to the stories yesterday brought a smile to my face remembering Mike and our group of friends and events that Mike always seemed to be in the middle of.

Mike is survived by his wife, Pat, and son Joe. His working career was at FedEx where he left many co-worker friends. I did not know what to expect at the service, but I knew that I needed to be there to connect again with Mike and my memories of our friendship.

Mike and I lived above the Cedar Lake Floral Shop on Cedar and Lake after graduation from high school along with Jim West. Not a day passed without some story, crisis, prank or plan. Mike was a doer. He got people moving. He was always in the middle if not creating the event. He was a big man. He made no small mark. His personality extended well beyond the immediate moment and contact. He was well known and most of his friends have many Botten stories - I have many because I was in the middle of many of them. So does Billy Hallquist, Al Sterner, Mike MacCauley, Gary Lewis, Guy Johnston, Tom Page, and all of the members of the Roosevelt High School Class of 1967 that ever went to the Fire Barn dances. Man, could Mike dance. He always looked good with his pressed shirt and pants. Mike could really dance.

Mike’s eulogy touched upon his love of his family, church, golf, softball and many friends. What was most memorable about Mike and the testament of his many friends in attendance is that Mike Botten lived life in the moment and in many instances brought joy and laughter to others. Those of us that knew Mike in the day would say he could also be a handful. But so were we.

I left the church very glad that I went to the service. I had a smile on my face remembering Mike and hearing the stories. I will always remember those stories-my stories with Mike. Rest in peace Michael.

Supreme Court: Consumers Can Sue Drug makers

NC — Sat, 07 Mar 2009 01:00:28 +0000

In a landmark decision, the U.S. Supreme Court has rejected the Bush Administration and Big Pharma’s claim that FDA approval of a warning label on a drug preempts any claim of inadequete warnings concerning the drug. This is an important decision, as it gives consumers recourse for drugs with labels that fail to fully disclose the potential dangers. hThe Supreme Court rejected the notion that government approval of a warning label is the end of the responsibility of drug companies with knowledge of undisclosed adverse effects. Check out the video below, especially to the specious nature of every claim made by the Big Pharma lobbyist:

This is great news for people who have been given drugs that end up having adverse or even fatal consequences. In recent years, it has become increasingly evident that the oversight provided by the FDA has holes that leave the public at large at risk. This is unacceptable and Advocates for Justice will continue to fight on the front lines for clients that have been harmed by dangerous drugs. If you or someone in your family have been harmed by dangerous prescription drugs call 612.333.7733 to discuss your legal options.

Read the details of the decision here.