Lawsuits Filed After Recall of Hip Replacement Implant (DePuy ASR)

Four lawsuits have been filed in Arizona, California, Illinois and Virginia after Johnson & Johnson recalled their DePuy ASR hip replacement implant a week ago. The cases allege that the metal-on-metal design of the product was flawed. Subsequently, the cases allege that the hip replacement product failed after surgery causing the patients to suffer pain. In addition, it also required a second surgery to correct or replace the implant.

From Medical News Today:
Due to a fairly high percentage (12-13%) of five year revision or secondary hip surgeries DePuy Orthopaedics, Inc. reported based on this year's data from the National Joint Registry (NJR) of England and Wales, the manufacturer announced this week it is voluntarily pulling the ASR™ XL Acetabular System and DePuy ASR™ Hip Resurfacing System from the marketplace. DePuy has notified the U.S. Food and Drug Administration (FDA) and other regulatory agencies globally of the voluntary recall.

From the Wall Street Journal:
The recalled devices are called the ASR XL Acetabular System, which is the cup portion of a replacement hip joint, and the ASR Hip Resurfacing System. Resurfacing involves implanting a cup and capping the ball at the top of the thighbone in a procedure that preserves more bone than traditional replacements, and is geared toward younger patients. The ASR XL system was first launched in 2004 and sold worldwide, while the resurfacing system was launched in 2003 but has only been approved outside the U.S.

Photo courtesey of Simon Davison by way of Flickr Creative Commons.

Hurricane Earl Prompts Early Delivery of Social Security Checks

Due to the category 3 hurricane, Earl, brewing in the Atlantic Ocean, the US Postal Service is sending out Social Security benefit checks earlier to select parts on the U.S.

From Ed O'Keefe's "Keeping Tabs on the Government" blog:
Letter carriers will deliver the checks early to locations in the Mid-Atlantic, specifically coastal areas of North Carolina, Virginia, Maryland, Delaware, New Jersey and New York. Some checks will arrive in the mail today, while others should arrive on Thursday.

Additional Resources:
Advance social security checks mailed

Administering Social Security: Challenges Yesterday and Today

This year (2010) marks the 75th year since the passage of the Social Security Act. Through the years, the SSA has come up with innovative and ways to meet the challenges. We don't have enough space on the blog to go over each and every one, so we found a PDF file from the SSA which gets very detailed about each challenge and what process was put into place to overcome the problem. Penned by Carolyn Puckett, "Administering Social Security: Challenges Yesterday and Today," takes a look at how some of the challenges have been met since 1935. The article is a great look back and shows how the SSA has grown to what it is today.

Highlights from the article:

On Technology in the SSA:
In the 1950s, the United States entered the computer age, and SSA once more was a leader in adopting new technology. In 1950, the Bureau installed its first “high-speed electronic calculator” for claims processing (FSA 1950, 32). In July 1955, the Bureau acquired an IBM 705 II Data Processing System for posting earnings, computing benefits, and reinstating incorrectly reported earnings items (SSA 1960c; SSA 1964b; SSA n.d. b). On July 1, 1956, the earnings posting operation changed from an 80-column IBM punched card and the IBM 407 Accounting Machine to electronic data processing equipment which stored information on magnetic tape using a binary code. One reel of magnetic tape could hold the information from almost 32,400 punched cards, and the Summary Card File alone had 120 million records to be converted to tape (SSA 1960c, 20–21).

On Improving Disability Determination:
In September 2003, Commissioner Barnhart announced a Disability Process Improvement project. Changes included accelerating the transition to electronic recordkeeping, with rollout to begin in January 2004; updating the medical listings of definitions of impairments that SSA finds severe enough for a finding of disability; and improving the hearing and appeals processes (SSA 2003, 16). The agency also established a “Quick Disability Determination” process for DDSs to expedite initial determinations for claimants who are clearly disabled.

On Internet Social Security Disability Claims:
SSA also hopes that by providing Internet tools, the public will increasingly be able to help themselves. In December 2008, SSA launched the new version of its online Internet claims process, called iClaim. A marketing campaign starring actress Patty Duke accompanied the launch. The online share of retirement applications increased from 26 percent to 35 percent in less than 1 month, and the online share of disability claims increased from 14 percent to 21 percent. SSA hopes to increase these percentages in 2010 to 38 percent and 25 percent, respectively (Astrue 2009).

Check out the whole article here.

Friday Feed #60

The Largest Hailstones Recorded in the USA
Yep, they are huge.

8 Offbeat Travel Tours
Find out the wackiest ways super-fans are getting a real-life taste of their obsessions. 

Russia in color, a century ago
Boston's Big Picture blog goes back in time.

12 Worst Traffic Jams
And you thought it got bad on 440 in Raleigh.

Triangle group takes snapshot from near space
Local group competes and takes a awesome snapshot along the way.

10 Safety Tips for Going Back to School

It's that time of year again! The school buses are rolling out, the pencils are being sharpened and the young minds are learning. It's school time in North Carolina. Following are 10 steps you can take to ensure your child's school year is a safe and productive one.

1. Teach your children not to talk to, take anything or accept a ride from strangers. Let them know that strangers are people who you do not know well or do not trust.

2. If your child walks to school, try to find a neighbor you trust that also has a child who walks to school. If they are older, they can watch over the child and offer as a positive role model in how to deal with situations which arise in the walk.

3. If your child rides his bike or scooter to school, make sure he or she wears a helmet. Also make sure the helmet meets safety standards. For more on bicycle safety standards, click here.

4. If your child rides the bus, make sure they know not to linger around the front of the bus after they get off. The driver, due to the size of the bus, may not see them if they stop and pick something up. Get off. Be seen. Get to a safe place.

5. Make sure your child knows phone numbers of trusted adults for emergency situations. This includes your cell, home and work phone numbers and anyone else who you feel comfortable with taking care of your child. Also, test them on their home address.

6. If your child walks to school, walk the path with them a few times before you let them go it with their friends. Let them know that it is the path they should take everyday and that they should not wander off to any parks or where there are no people.

7. Inspect the playground equipment at your child's school. Alert the administration if you see anything that looks like it can cause harm to the children while they play.

8. Check out your child's backpack. Is it way too heavy. Help them lighten the load by going through and making sure to leave anything at home or at school which is not necessary for that day. If your child walks to school everyday with a heavy backpack this may cause problems during the school year and in the future.

9. Teach your child the proper rules of the playground. No pushing, shoving, rough-housing, bullying, etc.

10. If you drive your child to school, drop them off as close to the entrance as you can. Make sure to watch them walk inside the building before you leave.

Check out these additional resources on Back-to-School safety:
Safe Kids USA
Scruff McGruff
Children's Safety Network

* Photo courtesy of tyhatch by way of flickr Creative Commons.

7 Frequently Asked Questions About North Carolina Auto Insurance

Q: If I’m traveling to other states will my policy protect me and meet the requirements of liability coverage outside of North Carolina?
Yes, your policy automatically satisfies the minimum requirements of other states while traveling outside of North Carolina.

Q: Does my auto insurance policy also provide me with adequate coverage in Mexico and/or Canada?
Your policy will NOT provide coverage for you in Mexico. You can purchase Mexican liability policies before you cross the border if you feel it necessary. Some insurance companies in states that border Mexico such as Texas, Arizona and California specialize in these policies. When embarking on international travel, always check with the appropriate authorities prior to your departure since regulations and other requirements are subject to change any time and without notice.

Q: I just bought a new car; is it automatically insured and covered under my current policy?
You must notify your insurance provider within thirty (30) days of the purchase or acquisition of your new vehicle. The broadest coverage included within your policy for any listed vehicle will apply to any additional automobile. If you fail to notify your insurance provider within the thirty (30) day period, the new vehicle will not be covered. You must provide your insurer with proper notification of sale or acquisition for automatic coverage to be applied.

Q: I’m in the military and currently stationed in North Carolina. Will my policy still cover me if I’m relocated and stationed in another state?
Your policy will cover you during the coverage period in which you are relocated to another state. When your coverage period ends and it’s time to renew your policy, your provider as well as the state in which you are stationed, may require you to purchase a policy in your new state of residence.

Q: Why am I having trouble getting auto insurance because drivers in my household have bad driving records?
Insurance companies consider bad drivers increased risks. In North Carolina, Liability coverage applies to any family member; family members are considered anyone residing in your household. Therefore, since any family member is considered insured under your policy and anyone driving your insured vehicle with your permission is also considered insured, their bad driving records are factored into the risk calculations during your insurance provider’s underwriting process.

Q: How long does it take for my claim to be settled?
An insurance company has thirty (30) days to pay the claim, deny the claim, make an offer of settlement, or notify and advise you that your claim is still under investigation. Once a claim is settled, loss and claim payments should be delivered within ten (10) business days.

Q: If my claim is denied will I receive an explanation as to why?
Certainly; Insurance companies must provide you with an explanation of why your claim was denied in connection with your auto policy language and/or any law(s) that may be applicable.

Hardison & Cochran Employee Spotlight: Betty Lynne Montgomery

If you have called the offices of Hardison & Associates, chances are you have spoke with Betty Lynne. She is our receptionist, but that hasn’t always been her position within the firm. Betty Lynne began working for Ken 11 years ago as his personal injury paralegal. In the time from her start at Hardison & Associates till now, she has worked in the Dunn, Fayetteville and Raleigh offices.

Betty Lynne and her husband, Jim, reside “out in the country” in Benson, North Carolina. When she’s not greeting clients over the phone or in the Raleigh office lobby, she enjoys traveling to North Myrtle Beach, listening to beach music and dancing. She also enjoys spending time with her three grandchildren; Nelson (7), Lillie (5) and Kaleb(2).

Pictures From Raleigh Muscular Dystrophy Association Lock Up

Hardison & Cochran attorney, Kimberly Miller, was recently "locked-up" for a good cause by the Raleigh Muscular Dystrophy Association. Below are pictures from the event in Downtown Raleigh. All pictures were taken by MDA volunteer Sophia.

Friday Feed #59

Space Photos This Week: Star Blob, Perseids, More
National Geographic features some of the best of the universe this week.

The 50 Greatest Technological Inventions of the Past 25 Years
The best of the best in the past quarter century.

20 Retro Cereals That Were Awesome
Take a trip back to the breakfast table of yesteryear and remember 20 retro cereals that were awesome.

America's Best Swimming Holes
Summer is coming to an end, but there's still time to get in a swim.

Dreams Make You Smarter, More Creative, Studies Suggest
National Geographic back at it again with studies on dreams.

Southeast Biker Betterment Conference to be Held in North Carolina

If you look below the blog banner above, the symbol beside the YouTube symbol is the logo of a motorcycle organization we partnered up with in 2010 named Road Guardians. The Road Guardians mission is this:

Our Road Guardian program was created as a national branded program designation among motorcyclists that provides recognition and incentives to those who are properly trained, properly licensed. We encourage motorcyclists to be “lifelong learners” by providing resources and opportunity as well.

In March of this year, members of Hardison & Cochran joined the Road Guardians in the first annual National Biker Betterment Conference in Chicago, Illinois. Now the Road Guardians are lining up regional Biker Betterment Conferences and the first one is being held here in North Carolina. The Southeast BBC will be held in Winston-Salem, North Carolina at Smokin' Harley Davidson on November 13th, 2010.

If you would like to sign up for the event, just print out this PDF and follow the instructions to register. More news to come!!!!

Two North Carolina Health Care Systems to Test the North Carolina Health Exchange

In June of 2009, we posted a blog about the Social Security Administration showing benefits to using electronic file transfer to acquire records of those who were attempting to receive benefits. It seems like the electronic files are catching on in the health care world too. In today's online version of the Triangle Business Journal, there is an article about two North Carolina health systems (WakeMed and Moses Cone) testing the new North Carolina Healthcare Exchange. The aim of the NC Healthcare Exchange follows:

The goal of the project is to create a centralized database of patient records that would be accessible by hospitals, physicians groups and other health care providers. Such a system would aim to create a single medical record for each patient – reducing the opportunities for error caused by different sets of medical records being kept by multiple providers for a single patient.

In respects to the people of North Carolina who are seeking Social Security disability benefits, this is good news if it catches on a performs well. One, if not the most, vital part in a SSD claim is your medical records. If you have moved around over time and visited many different health care facilities, and also many different doctors within a facility, this initiative will be able to have a electronic database of everyone you have seen. Simply, it will make things quicker as tests by the SSA in Virginia have proved:

The initial test started with MedVirginia, a medical information exchange serving central Virgina. With this new process in place the Social Security Administration stated that the average waiting time on a decision was cut down from 83 days (roughly 3 months) to 32 days (roughly a month).

Fibromyalgia Community

Fibromyalgia is a very complex condition. It differs from person to person. One person may have trouble sleeping while others get enough sleep, but just feel tired and have "fibro-fog" all day. Even the medical professionals have trouble understanding the effects of fibromyalgia. Many sufferers of the condition may feel like there is no where to turn or no one to talk to about their conditions and what makes them feel better and what worsens the pain. Here is where the Internet can step in and help. The Internet opens the door for a community of people who share a condition or an interest to come together and talk about it. WebMD has a community for people who want to talk about fibromyalgia. If you're the type of person who would rather meet up in person and talk about what helps and what doesn't and offer and hear advice, there are community groups like the Triangle Fibromyalgia Positive Energy Group.

When someone suffers from a condition such as Fibromyalgia, there are groups out there which offer peace of mind. In a world that is connected as today's, there are outlets and people who are in a similar situation. Simply, you're not going through the condition alone, no matter where you live. There are people out there who would love to hear you speak and people you'd love to hear speak.

"Jailbird", Kimberly Miller, Set Free

If you've been reading the blog, you may have seen that a Hardison & Cochran attorney, Kimberly Miller, was locked up for a great cause last week. Due to her keen fundraising skills, she was set free from "jail" last Thursday in Downtown Raleigh. Kim was able to raise over $2,000 for the Muscular Dystrophy Association. Among other things, this amount will send two children to the MDA annual camp in 2011. After members of Hardison & Cochran visited the MDA Camp last Wednesday and viewed the excitement of the children in attendance, the office couldn't be more excited and proud of Kim's fundraising for a great cause.

Next up for the MDA: The MDA Telethon 

 

Friday Feed #58

In Silhouette
Boston.com's Big Picture blog features some awesome photos in silhouette.

Amazing sculptures carved from fruit
Check out some Michelangelos of the Melon.

Lava Fountains Erupting from the Earth's Crust
Amazing pictures and video of the earth erupting.

Top 15 musicians turned politicians
Denver's Metromix takes a look at musicians who got behind the mic for different reasons after their music career.

2010 MDA Camp at Camp Carefree

Today, members of Hardison & Cochran made the trip to Stokesdale, NC to check out the scene at the 2010 MDA Camp. All the kids were in high spirits and having a blast. Fishing. Swimming. Horseback riding. Arts and Crafts. It was tons of fun for all parties involved. Check out some of the pictures below. As always, check out our Facebook page for all the pictures.