Thursday, August 20, 2015

Medical Identity Theft

We all have read about the massive data breaches in the news over the last few years. The Target breach, the Mapco breach, and the Anthem breach are but a few. The thought of some far-away computer hacker in a basement in Russia, or the far-East, is nothing foreign to us these days. Cyber-security systems, no matter how seemingly airtight, are vulnerable. We are all at risk. It seems every week, there is a story of another large company that was hacked and our personal information was stolen.

But how is your personal information used? A lot of times, your information is sold on the internet in bulk around the world (see my previous blog post). The purchasers of stolen information use credit card numbers to buy goods or pay for services. Sometimes they file false tax returns using your information to steal your rebate or claim one of your dependents on their return.

However, an alarming new trend is occurring in the world of identity theft and it is medical identity theft. Thieves use your personal information to receive treatment at hospitals and clinics, get prescriptions, or buy medical equipment. Usually, the health care provider is nowhere in your vicinity or provides treatment for a condition you do not have.

Victims sometimes only find out when they get a bill or a call from a debt collector. They can wind up with the thief’s health data and history in their own medical charts. A patient’s record may show she has diabetes when she does not, say, or list a different blood type—errors that can lead to dangerous diagnoses or treatments.

Adding insult to injury, a victim often is not allowed to fully examine his own records because medical-privacy laws such as HIPPA protect the thief’s health data. All the while, hospitals sometimes continue to hound victims for payments they did not incur.

To make the situation more alarming, medical identity theft is growing. According to a recently published survey, medical identity theft affected 2.3 million adult patients in 2014 versus 1.4 million in 2009. Another report published in February estimated that computer-data breaches of personal health information affected more than 40 million patients from 2009 through 2014.

Such identity theft has led about 40 companies, including Blue Cross Blue Shield Association and Aetna Inc., to form the Medical Identity Fraud Alliance. Some hospitals have turned to biometric screening to confirm patient identities. Also, unlike in financial identity theft, health identity-theft victims have a much more difficult time clearing the illegal bills because there is no health-care equivalent of the Fair Credit Reporting Act or the Fair Debt Collection Practices Act, which limits consumers’ monetary losses if someone uses their credit information.


Friday, June 12, 2015

NPR Reports On Vaccine Court

The Office of Special Masters of the United States Court of Federal Claims, or as it is commonly referred to as the “Vaccine Court”, has been in the news recently. This little-known Court handles all vaccine-related injury claims in the United States. Created in 1986, the Court is tasked with finding if an injury is related to a vaccine, and then determining the amount of compensation.

The process was intended to be more non-adversarial than our traditional civil courts, but in practice, it mirrors our civil courts more than it should. A petitioner’s burden of proof is a ‘preponderance of the evidence’ standard- meaning it is more likely than not that the vaccine caused the claimed injury. Getting a medical professional to testify to this is often difficult.

NPR this month published two pieces on the Court and the hardships faced for those who are not afforded justice. Receiving just compensation for injuries is a steep mountain to climb for those who are injured.

To read the articles, click here and here.


Booth Samuels is admitted to practice in the Federal Claims Court where he handles vaccine-related injury cases. If you or a loved one were injured by a vaccine, please contact him for a case evaluation toll-free at 1-866-515-8880, or by email at booths@pittmandutton.com

Wednesday, June 10, 2015

Claims Against Taishan Continuing

This week, Judge Fallon heard arguments for and against certifying a class for damages against one of the Chinese manufacturers of corrosive drywall. The manufacturer is Taishan, a Chinese company believed to be mostly owned by the Chinese government. Recovering from Chinese companies has been extremely difficult for American consumers.

Litigation has been ongoing over the last six years, and Taishan has for the most part been an absentee party. Unlike homes with Knauf-manufactured drywall, where Knauf paid to remediate, homes containing Taishan drywall have been unremediated-unless the homeowner paid out of pocket for the repairs.

For more on the story, click here.