A journal article on the potential for exposure to benzene associated with the use of certain products containing benzene was just published. This article was written by Pamela Williams and others. This researcher was mentioned in an earlier blog entry that I posted concerning trace benzene. This study is not a trace benzene study, but it will interest anyone dealing with benzene exposure claims resulting from the use of certain types of historic products.

The article is entitled , Airborne Concentrations of Benzene Associated with the Historical Use of Some Formulations of Liquid Wrench. The article was published in the Journal of Environmental and Occupational Hygiene, June 2007, 4:547-561.

The OIG issued an advisory opinion on June 12, 2007 regarding a hospital’s proposed purchase of a partial ownership interest in a physician-owned Ambulatory Surgical Center (ASC). The message from this advisory opinion appears to be that the purchase of an interest in an existing physician-owned provider, such as an ASC, imaging center or Specialty Hospital, will receive a heightened level of scrutiny by the OIG.

Continue Reading OIG Issues Advisory Opinion Regarding Hospital Acquisition of Physician-Owned Ambulatory Surgery Center

Corps of Engineers Releases 100 Year Flood Maps for New Orleans Metro Area

On Wednesday June 20, 2007, the Army Corps of Engineers released its long anticipated 100 year flood maps for various parts of the New Orleans metro area. While the maps depict some improvement over the flood risk that existed before Hurricane Katrina, the risk of catastrophic flooding in the New Orleans metro area remains.

http://blog.nola.com/updates/2007/06/risk.html

http://blog.nola.com/graphics/2007/06/the_risk_of_hurricane_flooding.html

The Centers for Medicare and Medicaid Services (”CMS”) recently issued a letter to State Survey Directors, who conduct surveys to ensure that health care providers (such as hospitals) are meeting the Medicare conditions of participation, to advise them that a hospital may not condition its acceptance of an EMTALA transfer on the sending hospital’s using a particular transport service. In Letter No. S&C-07-20, dated April 27, 2007, CMS indicated that the Emergency Medical Treatment and Active Labor Act (“EMTALA”) Technical Advisory Group has received testimony that in some instances in which an EMTALA transfer was appropriate, the receiving hospital conditioned its acceptance of the patient on the sending hospital’s using a medical transport service owned by the receiving hospital.

Continue Reading CMS Issues EMTALA Guidance

On May 30, 2007, United States District Judge Stanwood R Duval dismissed a class action lawsuit by residents of South Louisiana claiming damages from Hurricane Katrina. The court ruled that the plaintiffs had failed to exhaust their administrative remedies with the federal government before filing their Federal Tort Claims Act suit. The lawsuit accused the federal government of negligently designing, constructing, maintaining, inspecting and operating the area’s entire navigable waterway system, including the Mississippi River Gulf Outlet, the Gulf Intracoastal Waterway, the Industrial Canal, the London Avenue Canal and the 17th Street Canal.

The court was also critical of the plaintiff’s laundry list use of a multitude of federal statutes to support their claims. The judge further suggested that the plaintiffs claims bordered on being sanctionable under Rule 11 of the Federal Rules of Civil Procedure.

The opinion is Berthelot et al. v. BOH Bros. Construction Co. et al., No. 05-CV-04182, 2007 WL 1239132 (E.D. La. 4/27/07).

The purpose of due diligence in the acquisition of licensing of intellectual property assets (namely patents and copyrights) is to give a buyer an opportunity to investigate and evaluate the asset concerned in some detail. More particularly, due diligence involving patens and copyrights can present ownership issues if the author/inventor is or was married and resides in a community property state. Whatever level of diligence is required for the particular transaction, the buyer should consider inquiring as to the current and past marital status of the inventor/author of the intellectual property if the inventor/author is either the seller; a direct owner of the seller; or in some cases, even a past owner of the intellectual property.

Continue Reading Intellectual Property Due Diligence In a Community Property State

On Thursday May 31, 2007, U.S. District Judge Kathryn H. Vratil of the Kansas District Court denied the motions to dismiss of PepsiCo Inc. and privately held Sunny Delight Beverages Co. and Rockstar Inc. in litigation related to possible benzene exposure from drinking certain of the defendants’ soft drinks.

The plaintiffs claim that when certain soft drinks containing vitamin C, also called ascorbic acid, and either sodium benzoate or potassium benzoate are exposed to light and heat that a reaction can form benzene in the beverages. In some cases, the plaintiffs contend that the result can be benzene levels four times higher than the federal drinking water standard.

The risks associated with trace benzene claims continues.

http://www.thejournalnews.com/apps/pbcs.dll/article?AID=/20070530/BUSINESS01/705300327/1066/BUSINESS01

Any industry manufacturing or even using products with even trace levels of benzene should be aware of the growing trend among trial attorneys to bring benzene exposure claims. It may be nearing the time for companies to undertake aggressive efforts to reduce or eliminate potential exposure to these types of claims
Several recent blogosphere entries suggest that three women from Florida, New Jersey, and Kansas have sued The Sunny Delight Beverages Company, Pepsico, Shasta (National Beverage Company), and the Rockstar Energy Drink Co. claiming that some of their soft drink products contain ingredients that can combine to form benzene when exposed to heat and light. The suits were said to have been filed in the summer of 2006. The women are said to be represented by Boston attorney Andrew Rainer.
Numerous recent web accounts suggest that Coca Cola settled benzene related claims in May 2007.
Is this type of claim the tip of a large legal iceberg or a passing nuisance?

Yes, businesses are allowed to make campaign contributions in Louisiana. The limits vary depending upon the office being sought by the candidate to whom the business wishes to contribute. The limits (as of the date of this article) are set forth below. Individuals are subject to the same contribution limits.

The Limits:

Continue Reading An Answer to the Age-Old Question – Can Businesses Make Campaign Contributions in Louisiana?

On June 1, 2007, the Louisiana Legislature unanimously passed the state’s first comprehensive master plan for coastal restoration and hurricane protection. In response, the governor has asked the legislature to commit $200 million of the state’s surplus to the coastal fund and allow for the securitization of the tobacco settlement funds, of which 20% is constitutionally dedicated to the coastal fund. The new master plan is entitled, “Integrated Ecosystem Restoration and Hurricane Protection: Louisiana’s Comprehensive Plan for a Sustainable Coast.”

Continue Reading Legislature Adopts Master Plan for Coastal Restoration and Hurricane Protection