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In addition to reimbursement
for Medicare, Brockovich and her attorneys could
potentially win millions of dollars if the lawsuits
are
successful. 3.
Editor's Note
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NBS100 Report. AT&T Inc.
settled two Federal Communications Commission
enforcement actions by paying $550,000 and agreeing
to strengthen customer privacy practices. More
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As business trends rapidly
shift along with shrinking profits, and as
convicted corporated executives die off before
sentencing, Erin Brockovich is suing the actions of
the bad boys on behalf of the United States under a
law that allows citizens to bring grievances in the
government's name.
So far, Brockovich's
attorneys have filed lawsuits in California, New
Jersey and in Florida using others as plaintiffs
when necessary, said attorney James L. Wilkes of
Wilkes & McHugh in Rancho Palos Verdes, one of
two law firms driving the nationwide legal
effort.
What
NBS100 has been doing with its TeleCom consumer
legal study panels since 1996,
Brockovich, the
successful movie story protagonist
-- has taken on a new role, the watch-dog for
monies collected and spent for Medicare.
NBS100.com
watch-dog
studies have shown a fast
changing TeleCom trend, that have heightened the
temptation for the big three phone companies,
(No. 1 Cingular Wireless, No. 2 Verizon
Wireless, No. 3 Sprint Wireless), to monopolize
cable land-lines and the cell phone business. It is
not uncommon in today's competitive retail
environment for Wireless Telephone or iPod
copy-cats to bring a hot product to their suppliers
and ask for a cheap reproduction with little regard
for the copyright and trademark issues.
According to the NBS studies and industry
experts, the more than
$40-billion dollars the FCC has collected from
various WiFi TeleCom company buyers, not one dollar
has been put back into the industry for consumer
environment and personal data protection. Not only
that, the owners of the original RF Frequencies
seized by Governments since 1913, have not been
paid for their seized EMW assets. MORE
STORY ABOUT FCC AND $Billion
Sales /
NBS100
MOVIE.
Brockovich, the onetime, unknown legal
assistant, whose environmental crusade against a
utility company inspired a hit movie starring Julia
Roberts, has lent her name as plaintiff in lawsuits
against several California hospitals and
convalescent homes. The suits allege the facilities
pocketed millions of taxpayer dollars while
covering up their own
mistakes.
Since the 2000 movie that earned Roberts an
Oscar, Brockovich has made her rounds in the
lecture circuit, book circuit, television show
circuit and the legal circuit. William Morris
Agency manages her talent. Law firms manage her
legal cache.
Her seven lawsuits, filed Friday in Los
Angeles County Superior Court, allege that
healthcare companies are charging Medicare, the
federally funded health plan for seniors, to treat
illnesses they helped cause by medical error or
neglect.
The lawsuits do not involve specific
allegations of wrongdoing but seek instead to find
evidence of such treatments, arguing that Medicare
should be reimbursed.
One defendant called the lawsuits a
publicity stunt by a "celebrity
plaintiff."
"These are the kinds of baseless lawsuits
that contribute to the high cost of healthcare
today," said David Langness, a spokesman for Tenet
California, a division of hospital operator Tenet
Healthcare Corp., a target of Brockovich's
lawsuits.
"This is what I do," the
45-year-old Brockovich said. "I am an advocate. It
would be as odd for me to turn down a cause as it
would be for Julia Roberts to not do another
movie."
Brockovich is suing on behalf of the United
States under a law that allows citizens to bring
grievances in the government's name. Her attorneys
also have filed lawsuits in New Jersey and Florida
using others as plaintiffs, said attorney James L.
Wilkes of Wilkes & McHugh in Rancho Palos
Verdes, one of two law firms driving the nationwide
legal effort.
The other defendants in California include
Adventist Health, Country Villa Service Corp.,
Catholic Healthcare West, Kindred Healthcare Inc.,
Longwood Management Corp. and Mariner Health Care
Inc.
The allegations focus on reports by the
federal government that medical errors increase
costs for Medicare. For example, if a hospital
operates on a wrong body part, Medicare may end up
paying for it as well as the surgery on the correct
body part. Medicare may also foot the bill if a
patient becomes dehydrated or contracts an
infection in the hospital or convalescent
home.
Federal
health officials estimate that medical errors may
account for more than $9 billion in healthcare
costs annually.
They are pushing for quality control
measures to curb such
expenses. Medicare
officials declined to comment Tuesday on
Brockovich's lawsuits.
Brockovich served as a consultant in a suit
against Pacific Gas & Electric Co., which
agreed in February to pay $295 million to settle
allegations it had contaminated groundwater in and
around the town of Hinkley, Calif. The tiny,
windblown community 125 miles northeast of Los
Angeles was the setting of a separate 1996 suit
over a similar issue that led to a $333-million
payment by the utility company and inspired the
Universal Studios movie about
her.
Brockovich holds her base at the law firm of
Masry & Vititoe in Westlake Village. The firm
was founded by the late Edward Masry, who helped
bring the lawsuits against PG&E and is also
featured in the movie.
Brockovich and Masry also brought a lawsuit
three years ago against various oil companies on
behalf of former Beverly Hills High School students
who were allegedly exposed to cancer-causing
chemicals left on campus from oil operations. The
trial is scheduled for
October.
Brockovich said she was moved to action on
the Medicare lawsuits because she was concerned
about rising healthcare costs. Also, she was
concerned about being pigeonholed as an
environmental activist.
"I am also a consumer activist," she said.
"If I can help by using my name, maybe we can make
things right."AT&T to Pay $550,000 to Settle
Privacy Cases
The latest NBS100 FCC study, shows that the
nation's largest phone company didn't admit to
violating any law and the payment doesn't
constitute a fine or penalty, according to a
consent decree announced Monday by the FCC.
The settlement ends actions against the former
AT&T Corp. and SBC Communications Inc. The FCC
claimed AT&T Corp. failed to certify it
complied with privacy rules. San Antonio-based SBC
bought AT&T Corp. last November and then
renamed itself AT&T Inc.
The agency cited increasing concern over the
security of customers' personal data and evidence
that records can be obtained easily by unauthorized
users.
The two largest U.S. mobile-phone companies, No. 1
Cingular Wireless and No. 2 Verizon Wireless, have
obtained court orders to prevent data brokers from
fraudulently acquiring and selling customer calling
records.
The FCC Enforcement Bureau began an investigation
in July 2005 after SBC reported failures in its
procedures for notifying customers of their privacy
rights.
"AT&T has commendably self-reported some of its
failures in its compliance mechanisms and has
agreed to adopt a compliance plan so that consumers
are appropriately notified" about FCC privacy
rules, Commissioner Jonathan Adelstein, one of two
Democrats on the five-member FCC, said in a
statement.
SBC discovered last year that it had failed to
notify some new customers of their right to prevent
the company from using their records for certain
internal marketing purposes, said AT&T
spokesman Michael Balmoris.
Josie
Cory
Publisher/Editor
TVI Magazine
TVI
Magazine, tviNews.net, YES90, Your Easy Search,
Associated Press, Reuters, BBC, LA Times, NY Times,
VRA's D-Diaries, Industry Press Releases, They Said
It, SmartSearch, and Wikipedia, the free
encyclopedia were used in compiling and
ascertaining this Yes90 news
report.
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- 106 Suing On Behalf Of The United States Erin
Brockovich Takes On A New Twist as Plaintiff in
U.S. Medicare Law Suits. NBS100, Charles
Portz
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