February 2007

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Texas Governor Mandates Vaccines Made Only By Merck

In a surprising move this month, Texas governor Rick Perry ordered that all female school students in Texas (some as young as 11) get vaccinated against the sexually transmitted virus that frequently causes cervical cancer.

The girls will have to get Merck & Co.'s new vaccine against strains of the human papilloma virus, or HPV, that are responsible for most cases of cervical cancer. Merck is bankrolling efforts to pass laws in state legislatures across the country mandating it Gardasil vaccine.

Perhaps this little tidbit explains Governor Perry's actions: one of the drug company's three lobbyists in Texas is Mike Toomey, Perry's former chief of staff. Plus, Merck contributed $5000 to Perry's reelection campaign.

Merck could sell billions of dollars worth of Gardasil (at $360 for the three-shot dosage) if the shots were made mandatory across the country.

It is possible for parents to opt out of the vaccination program, but they have to jump through some hoops to do so.

Free Legal Advice?

Yes, at Kraft & Associates we are glad to provide our clients and friends with free information on a variety of subjects. If you want details about how to lower your automobile insurance rates, Texas Workers' Compensation law or Social Security Disability claims, please contact us and we will send you any of these brochures without charge or obligation.

 



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 FOR THE RECORD


Auto Insurance Companies' Hardball Tactics Revealed

CNN has a good article online titled "Auto insurers play hardball in minor-crash claims."

The article provides some details about an industry-wide strategy of denying and delaying legitimate claims made by auto negligence victims. This strategy is spearheaded by the giant insurance companies Allstate and Farmers, but is followed to a greater or lesser extent by many other insurance carriers.

Consumer lawyers have been trying to inform the public about this reprehensible behavior for years. Perhaps this article will be widely distributed and will help to educate consumers

It's simply not fair or right for auto insurance companies to force claimants to either settle for much less than their claim is actually worse, or have to hire a lawyer to represent them in minor matters. Here are a few excerpts from the article:

If you are injured in a minor car crash, chances are good that you will be in the fight of your life to get the insurance company to pay all the medical costs you incur -- even if the accident was no fault of your own.

That's what CNN discovered in an 18-month investigation into minor-impact soft-tissue injury crashes around the country. Those are accidents in which there is little damage to the vehicle and the injuries to people are not easy to see by the naked eye or conventional medical tools like X-rays.

Since the mid-1990s, most of the major insurance companies -- led by the two largest, Allstate and State Farm -- have adopted a tough take-it-or-leave-it strategy when dealing with such cases.

The result has been billions in profits for insurance companies and little, if anything, for the public, according to University of Nevada insurance law professor Jeff Stempel.

"We can see that policyholders individually are getting hurt by being dragged through the court on fender-bender claims, and yet we don't see any collateral benefit in the form of reduced premiums even for the other policyholders," Stempel said.

"So I think now we can say to continue this kind of program is in my view institutionalized bad faith."

If you have never heard of the strategy, it's because insurance companies don't want you to know that they are paying out less and less for minor crashes even while their profits soar and your premiums continue to rise.

But after a review of more than 6,000 company documents and court records, interviews with a dozen people nationwide, including former company insiders, and conversations with accident victims, the picture is clear: If you challenge the offer by some insurance companies you will be left with no option but to go to court, where you will be dragged through the wringer.

In an affidavit in a New Mexico case where Allstate is being sued, one of the company's former attorneys said the strategy is to make fighting the company "so expensive and so time-consuming that lawyers would start refusing to help clients."

The cases, CNN found, illustrate a carefully developed strategy to make the victims look like they are trying to defraud the insurers.

But documents CNN obtained indicate profit, not fraud, is the reason companies decided to play hardball in small accidents.

 FOR YOUR INFORMATION

The False Choice: Doctors or Accountability

The consumer group Texas Watch has produced an excellent article on tort reform in Texas, and specifically about the recent constitutional amendment that essentially took away the rights of Texans to sue medical providers for meaningful damages. The article is titled The False Choice: Doctors or Accountability, The Real Impact of So-Called Tort "Reform" in Texas.

The bottom line, as so many of us tried to warn consumers before the election, is that medical care is no more available now than before "reform," medical malpractice insurance premiums have not decreased significantly, and medical malpractice victims are now barred from recovering full damages in court. The only beneficiaries of Tort Reform are the big insurance companies -- not doctors, and certainly not consumers.

 FEATURED EMPLOYEE

Tressa Gregory
Social Security Secretary

E-mail: tgregory@kraftlaw.com
 

Ms. Gregory is a Dallas native who began her employment with this law firm in 1984 as a receptionist. Ms. Gregory has filled various positions for our firm over the years. She currently works in our Social Security Department as one of the secretaries assisting clients. Ms. Gregory also deals frequently with the Social Security Administration when our clients have problems getting their benefits paid on time.
 

 FEATURED CASE
Recent Courtroom Successes for Kraft & Associates

Ms. Nicole Collier, the lead trial lawyer at Kraft & Associates has had several good victories at the courthouse recently. She won her last three trials, all against Allstate Insurance Company, and all involving automobile collision claims.

Each of these cases had significant hurdles to overcome; they were definitely not certain victories. But Ms. Collier, assisted by attorney Joseph Morrison from our firm, did an excellent job with both the strategy and procedure for each trial.

After the last trial, one juror sent a note to Ms. Collier saying, "Congratulations to you, you won a tough case." Another juror wrote a longer note, and said "You were very professional. I felt that you were sincere -- friendly eye contact, smiling constantly, friendly body gestures. I felt you were a person who was trustworthy. You had done your homework too -- offering facts and photos that were, I thought, so solid. It was a good experience for me and I learned quite a bit."

When deciding which law firm to hire, be sure to find out if the firm is willing to take cases to trial if necessary. Some firms try to settle cases without filing suit, and if they can't settle they just give the file back to the client. We're not afraid to file suit and try our clients' cases.
 HOW CAN WE HELP YOU?
Our law firm has helped thousands of clients over the years. Sometimes clients who use our firm for one type of case may not realize that there are other legal problems we could help them solve.

We handle most types of injury claims — including automobile collisions, "slip and fall" cases, injuries suffered as a result of defective products, injuries resulting from inadequate security, medical malpractice claims, nursing home negligence claims, prescription drug injuries and many others. We invite you to call us about any serious injury to see how we can help you.

Kraft & Associates also represents people who have been denied their Social Security Disability benefits. We can help at the Initial stage, the Reconsideration stage or the Hearing stage. We can help you, your family or friends with any Immigration question.

Our law firm represents people who have immigration problems of any kind, whether family-based immigration or employment-based immigration.

We also help people who have problems regarding family issues, such as divorce, child support, adoption, modifications, enforcements, attorney general disputes, paternity and other similar matters. We also represent clients who have been arrested or charged with committing a crime.

Please feel free to call us with any legal questions you may have. If we cannot represent you, we will attempt to refer you to another attorney or to a government agency that can help you. There is never any charge or obligation for our initial consultation.

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