October 2010 Archives

October 31, 2010

Oldham County Doctor Sued For Sodomizing Client

Charles Miller of Miller & Falkner represents a thirty-eight year-old woman in a civil action alleging to be sodomized by her doctor during an office visit. The doctor has been charged with First Degree Sodomy in Oldham County, Kentucky Circuit Court.

After posting bond, Dr. Alur, 56, returned to his practice in Crestwood. While admitting that the incident occurred, Dr. Alure claims the act was consensual. Nevertheless, he told the police he was sorry.

In response to the Kentucky Medical Licensure Board's decision to allow Dr. Alur to keep his license, plaintiff's counsel Charles Miller responded, "It's shocking to me that a person who has admitted to sodomizing a patient or former patient would be allowed to continue to practice medicine."

October 27, 2010

Eleventh Circuit Decides in Favor of Families in Wrongful Death Case

The Eleventh Circuit ruled earlier this month in the case Bradley v. Sebelius, that Medicare is not entitled to proceeds from wrongful death settlements.

In 2005, Carvonella Bradley settled a wrongful death claim against the nursing home that housed her father Charles Burke and his ten surviving children. The case resolved prior to the Bradley family having to file a lawsuit for $52,500, the insurance policy limits. The estate notified the Health and Human Services of the settlement and subsequent probate hearing.

At the hearing, the court awarded $787.50 to the HHS. The agency challenged the probate court's decision arguing the that Medicare Secondary Payer Manual would provide the superseding law.

The HHS then demanded that the Bradley estate pay over $22,000.00. Bradley paid the agency, but ultimately appealed to the federal district court. The court of appeals reviewed the case to determine, "Whose property is the settlement?"

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October 7, 2010

FDA Warns of Baby Sleeping Devices

The Consumer Product Safety Commission, American Academy of Pediatrics, and Federal Food and Drug Administration issued a joint warning on Wednesday, September 29, 2010.

The warning urges parents to avoid using devices made to keep babies sleeping on their backs. According to the warning, these devices increase instead of preventing sudden infant death syndrome. sleeping baby.jpg

Sudden infant death occurs to approximately 4,500 babies annually. There are various ways parents can help reduce the rate of sudden infant death, including having babies sleep on their backs.

In response, a number of products are on the market to wedge babies into a sleeping position on their backs. Recently, however, several deaths have occurred on account of these devices.

The report was issued after the organizations reviewed about a dozen cases over as many years which involved these products including two happening recently.

While sudden infant death is often unexplained, it is a good to review with an attorney if a defective product could have contributed to such a horrible accident.