95-Year-Old Man Killed with Bean-Bag Rounds by Police

Newsflash from your Hollywood Attorney:

A 95-year-old Illinois man died in a violent confrontation with police on Friday after refusing to check into a medical facility. After threatening police with a cane and a knife, the senior citizen was Tasered and fatally shot with bean-bag rounds.

(Bean Bag Round consists of a small fabric “pillow” filled with #9 lead shot weighing about 40 grams (1.4 oz). It is fired from a normal 12-gauge shotgun)

The Cook County medical examiner’s office said John Warna, a 95-year-old resident of a senior living community in Park Forest, Ill., died of blunt force trauma of the abdomen after police shot him with bean bag rounds.

Police officers were called to the assisted living home on Friday to help employees of a private ambulance company involuntarily transfer Warna to a clinic for medical treatment. The senior citizen had allegedly threatened the facility’s staff and paramedics with a metal cane and a 2-foot shoehorn because he did not want to check into the hospital.

When police arrived the scene around 8:42 p.m. Friday, they ordered the man to drop the items. Instead, he picked up a “12-inch butcher type kitchen knife,” the Park Forest Police Department said in an e-mailed press release obtained by the Chicago Tribune.

Police told Warna to surrender and listen to their instructions. But when he refused, police stunned him with a Taser and shot him with bean-bag rounds. The senior citizen was still conscious and talking when he was then taken to the St. James Hospital and Health Centers and later the Advocate Christ Medical Center. But he died just a few hours later.

Warna was declared dead at 2:30 a.m. Saturday, and the Cook County Medical Examiner’s office on Monday announced that he died of bleeding in the stomach from the blunt force trauma inflicted by the bean-bag rounds. His death was ruled a homicide.

Bean-bag rounds consist of a fabric filled with lead shot. The rounds can be fired from a regular shotgun, and are designed to deliver a blow that will leave the victim temporarily immobile. But when the rounds hit the chest, they can sometimes break the ribs and force the ribs into the heart. A shot to the head can cause a broken nose, neck, larynx or skull. And a shot to the abdominal area can cause internal bleeding.

Bean-bag rounds can be especially dangerous when fired at close proximity, and present a serious risk of death or injury when fired from less than 10 feet away. It is unclear how far police were from the 95-year-old before shooting him in the abdomen.

Neighbors at the senior living community told CBS News that there could have been better ways to disarm the old man and that the police response was unnecessarily violent.

“If they were smart policemen, one could have got in the front of that man and one could have went through back door and thrown a sheet over him, put him down and put the cuffs on him before they shot him,” said neighbor David Atkins.

Administrators at the Victory Centre nursing home said they have never experienced any problems with the resident before

“Our thoughts and prayers are with the family as we mourn the loss of one of our own,” Emily Powell, executive director of the Victory Centre, told CBS.

The Illinois State Police Public Integrity Unit is currently reviewing the case. Park Forest police have not yet commented on the incident.

Source.... RT

http://lawofficesofjonathanfranklin.blogspot.com/

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600   
 http://www.jonathanfranklinlaw.com

Lawsuit Domino's Pizza Failing to Pay Minimum Wage to Delivery Drivers

Newsflash from your Hollywood Attorney:

A lawsuit against RPM Pizza, LLC, a franchisee of 138 Domino's pizza restaurants in Mississippi and Louisiana, and its owners, for failing to pay minimum wage to their delivery drivers.

The suit alleges that RPM violates federal wage and hour laws by failing to adequately reimburse its drivers for their automobile expenses, resulting in unreimbursed business expenses that reduce pizza delivery drivers' net wages below minimum wage.

The lawsuit is presently pending in the United States District Court, Southern District of Mississippi. The driver who filed the lawsuit is seeking collective action status.

Source....  Heninger Garrison Davis, LLC

http://lawofficesofjonathanfranklin.blogspot.com/

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600   
 http://www.jonathanfranklinlaw.com

Are Police Out of Control? Shots Man in His Own Driveway After Getting Cigarettes From His Mother's Car

Newsflash from your Hollywood Attorney:

A Florida man, Roy Middleton  was  shot Saturday morning while retrieving cigarettes from his mother's car at around 2:45 a.m. Saturday, according to the Pensacola News Journal.

Roy Middleton, now recovering in a hospital bed, said he felt like he was in a "firing squad" as bullets sprayed everywhere and he was shot in the leg.

In a report from The Inquistr, the 60-year-old said he heard a voice from behind telling him to put his hands in the air. Thinking it was a joke, Middleton allegedly turned around to see who it was before deputies opened fire.

Middleton is now wondering why police opened fire on him, and described his mother's car now "full of bullet holes," according to MSN.

The Escambia County Sheriffs Office declined to comment on Saturday's incident.

While the Florida Department of Law Enforcement is investigating the matter, the deputies, who have not been publicly identified, have been put on paid administrative leave.




Source.... http://www.huffingtonpost.com/2013/07/29/roy-middleton-shot-cigarettes-police-car_n_3669992.html?ref=topbar

http://lawofficesofjonathanfranklin.blogspot.com/

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600    
 http://www.jonathanfranklinlaw.com

FBI Saves 105 Child Victims in 'Operation Cross Country' in a Child Sex Trafficking

Newsflash from your Hollywood Attorney:

The FBI has rescued 105 child sex-trafficking victims, FBI Assistant Director Ronald Hosko announced Monday.
The youngest of the rescued children was 9 years old, according to Reuters.

One underage victim told officials she became involved with prostitution when she was 11, according to CNN.

"Many times the children that are taken in in these types of criminal activities are children that are disaffected, they are from broken homes, they may be on the street themselves," FBI Acting Executive Assistant Director Kevin Perkins said, according to the network. "They are really looking for a meal, they are looking for shelter, they are looking for someone to take care of them."

More than 150 "pimps" were also arrested in the raids, NBC News reported.

The rescue was part of "Operation Cross Country," a nationwide initiative to aid underage victims of sex trafficking and sexual exploitation.

Source.... http://www.huffingtonpost.com/2013/07/29/child-sex-trafficking-rescue-fbi-announcement_n_3670749.html

http://lawofficesofjonathanfranklin.blogspot.com/

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600   
 http://www.jonathanfranklinlaw.com

Class Action Lawsuit "Champix" Quit Smoking Medication

Newsflash from your Hollywood Attorney:

The Ontario Superior Court has certified a class action for Canadians who took Champix between April 2, 2007 and May 31, 2010 and allegedly suffered certain reactions. The lawsuit seeks compensation and alleges that, between April 2, 2007 and May 31, 2010, Pfizer Canada Inc. failed to adequately warn of the risk of certain psychiatric adverse events allegedly related to Champix. Pfizer Canada Inc. denies the allegations, which have not been established, and is defending the lawsuit.

The class action lawsuit affects all Canadians who took Champix during the period from April 2, 2007 to May 31, 2010 and who, while taking or after taking Champix to help quit smoking, experienced any of the psychiatric adverse events or symptoms listed below:

thoughts about suicide or dying
attempts to commit suicide
new or worse depression, anxiety or panic attacks
feeling very agitated or restless
acting aggressive, being angry or violent
acting on dangerous impulses
an extreme increase in activity and talking (mania)
abnormal thoughts or sensations
seeing or hearing things that are not there (hallucinations)
feeling people are against you (paranoia)
feeling confused
other unusual changes in behaviours

If any Canadian fits the above description, this person is a member of the "Class".
Any individual that is a relative of a member of the Class who is entitled to make claims under any of the Dependants Statutes in Canada as a result of the death or personal injury of their relative that took Champix, is a member of the "Family Class".

Class members and Family Class members do not need to do anything at this stage to participate - they are automatically included in the class action but are encouraged however to contact Class Counsel for more information, and to discuss the steps necessary for preserving medical records needed for any claims that may be advanced on their behalf.

Opting Out
Class members or Family Class members who do not exclude themselves by September 20, 2013 will be included in this lawsuit and will be forever bound by the Court's judgment on the common issues, whether favourable or not. The only option that allows Class members to ever be part of any other lawsuit against Pfizer regarding the legal claims in this case, is by opting out by no later than September 20, 2013.

Individuals who do not want to be part of this lawsuit must notify Class Counsel in writing, by no later than September 20, 2013, providing their name and address and indicating a clear desire to not be part of this lawsuit.

Class members who consider it desirable or necessary to seek the advice or representation of their own lawyers may do so at their own expense.

Class Counsel
The following law firms represent Class members:
For residents of Ontario, British Columbia, Alberta, Nova Scotia, New Brunswick, Newfoundland and Labrador, Manitoba, Saskatchewan, Yukon, North West Territories, Nunavut, and residents outside of Canada: McPHADDEN SAMAC TUOVI LLP (416) 601-1020,  KLEIN LYONS LLP (604) 874-7171, DOCKEN KLYM  (403) 269-3612.

For residents of Québec: LAUZON BÉLANGER LÉSPERANCE (514) 844-4646.
For more information:

This press release is just a summary of the certification. The Court approved Legal Notice is available by visiting... www.champixclassactioninfo.ca

http://lawofficesofjonathanfranklin.blogspot.com/

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600    
 http://www.jonathanfranklinlaw.com

Medicare Won't Pay for Repairs to Power Wheelchair Repairs

Newsflash from your Hollywood Attorney:

For years, William Welch, 58, was a truck driver, a free spirit traveling along the roads. But now Welch spends his days in a Brunswick, Md. apartment, barely able to move from a chair to the refrigerator because his Medicare-supplied power wheelchair is broken and he can't find anyone to fix it, says the American Association for Homecare (AAHomecare).

"I'm stuck in the house and I can't go anywhere," said Welch, who suffers from severe asthma and COPD. "When you lose your ability to move around, you're done. I can't see friends; I can't get groceries. I can't even get medicine for myself."

Medicare's inability to arrange repairs for beneficiaries' power wheelchairs is putting Welch's health at risk. Welch said he has fallen three times, and predicts, "I'll likely be heading to the emergency room after the next one."

Thousands of seniors and people living with disabilities face similar health risks. Issues regarding repairs to Medicare-provided home medical equipment (HME) have persisted for years, but now they are more serious and more widespread. This dramatic escalation is the direct result of a national bidding program designed and implemented by the Centers for Medicare & Medicaid Services (CMS). The way CMS awarded contracts in the program has driven hundreds of companies out of business. Combined with perplexing rules for contract winners, the bidding program has proven itself to be a danger to the very people it is supposed to help.

For instance, Welch received his wheelchair from The SCOOTER Store several years ago. But when the company went bankrupt earlier this year, he had to call CMS for information on how to get his wheelchair repaired after it broke down in early June. He was given a list of suppliers who had won bids to provide power wheelchairs in his area.

"When I called companies on the list, they said they couldn't help me because their company didn't provide power wheelchairs," said Welch. "It turns out these companies won contracts to provide power wheelchairs, but they have no obligation to repair chairs that were provided by another company. I kept calling back Medicare, and they kept giving me the same numbers to call. It's a vicious cycle."

Welch said his only option is to pay for the repairs himself, something he can't afford. "I get a disability check because of my medical condition," he said. "Once I pay my bills I barely have enough left for food for the month. I can't pay to fix my wheelchair."

John J. Letizia, who is vice chairman of AAHomecare, explained that problems with repairs for power wheelchair provided to Medicare beneficiaries pre-date the bidding program that began two years ago in nine locations around the country.

In order to be reimbursed for repairing power wheelchairs, CMS requires companies to collect the documentation of medical necessity that was originally submitted when the beneficiary was approved to receive the equipment. That becomes a problem, Letizia said, when the supplier who provided the equipment is out of business and there is no access to the paperwork. "In those cases, CMS wants providers to go to the doctor and get the documentation from them. Good luck with that," said Letizia, who is also president of Laurel Medical Supplies, Inc. in Pennsylvania.

The bidding process adds new hurdles. For instance, only the contracted supplier who provided the power wheelchair is obligated to repair it, and that obligation only lasts through the 13-month rental period. Other bid winners in the area can fix the chair, but they aren't required to, which is why, with The SCOOTER Store out of business, Welch can't find anyone to fix his chair.

Letizia and other industry representatives met with CMS in the spring to discuss repair issues after The SCOOTER Store, formerly the nation's largest supplier of power wheelchairs, closed its doors and left thousands of Medicare beneficiaries, such as Welch, without a place to turn for repairs when their equipment breaks down.

He said the group was dissatisfied with the response from CMS. The group was told that repairs were not a problem because CMS was not auditing documentation paperwork on them. "But that could change at any time, so that wasn't a satisfactory answer," Letizia said. "Providers aren't going to start doing repairs without proper documentation, risk being audited later, and not get paid or be ordered to return payments."

So the repair situation remains unresolved, potentially leaving thousands of the most vulnerable Americans with extremely limited mobility and independence.

Major problems, like with wheelchair repairs, continue to plague the bidding program that procures HME, such as oxygen tanks, hospital beds, and diabetic testing supplies, for beneficiaries.

One of the most significant problems is that the program allows non-binding bids, which means that providers can submit unrealistically low bids that are then used to calculate the prices for products and services, but the bidders do not have to commit to signing contracts for the amounts of their bids. Yet, these bids are still used in the formula that sets prices.

Earlier this year, when CMS announced an average 45 percent price cut for most HME items and 72 percent for diabetic testing supplies, many providers were forced to lay off workers, close their businesses, or no longer service Medicare patients. In addition, Medicare beneficiaries report instances where new providers contracted under the initial stage of the bidding program were endangering their health by not providing either the equipment or the level of service they had received previously.

Lawmakers in Congress, as well as HME providers and consumer advocates, urged CMS to suspend the bidding program so that the agency could address mounting problems. Instead, CMS expanded it from nine to 91 metropolitan areas across the country on July 1.
AAHomecare has filed a federal lawsuit asking for expansion of the program to be stopped, saying it violated its own rules by allowing companies without proper state and local licenses to submit bids and later win contracts to provide goods and services to Medicare beneficiaries.

"It's clear that the bidding program is doing a disservice to Medicare beneficiaries," said Tyler Wilson, president of AAHomecare. "We urge Congress to take action and suspend the program until the problems are fixed. Maybe lawmakers will listen to their constituents, people like William Welch, who deserve to be treated with dignity and respect."

The American Association for Homecare represents providers of home medical or durable medical equipment and services who serve the needs of millions of Americans who require prescribed oxygen therapy, wheelchairs, enteral feeding, and other medical equipment, services, and supplies at home.

Source.... PRN and www.aahomecare.org

http://lawofficesofjonathanfranklin.blogspot.com/

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600   
 http://www.jonathanfranklinlaw.com

Still US Government and Bayer Knowingly Gave HIV to Thousands of Children to This Day

Newsflash from your Hollywood Attorney:

What if a company that you thought you could trust, knowingly sold you a medicine for your child that they knew had the potential to give your child HIV? How would you react? What if a government agency that claims the responsibility for protecting you from such treachery, not only looked the other way, but was complicit in this exchange?

Bayer aspirin, it is a household name. Bayer AG also manufactures numerous other products, from pesticides to medicine for hemophiliacs called Factor 8.

In 1984 Bayer became aware that several batches of this Factor 8 contained HIV. They knew this because there was an outbreak of HIV among hemophiliac children, and this outbreak was traced back to Bayer.

Unable to sell their Factor 8 in the US, Bayer, with the FDA’s permission, (yes that’s right, the FDA allowed Bayer to potentially kill thousands) sold this HIV infected medicine to Argentina, Indonesia, Japan, Malaysia, and Singapore after February 1984, according to the documents obtained by the NY Times.

The documents showed how Cutter Biological, a division of Bayer, shipped more than 100,000 vials of unheated concentrate, worth more than $4 million, after it began selling the safer product.

The result of this sale of HIV tainted medication ended up infecting tens of thousands and killing thousands. Thousands of innocent children and adults have died at the hand of this corporation and no punitive action has been taken against them. The health department leaders in Argentina, Indonesia, Japan, Malaysia, and Singapore were all imprisoned, while the US FDA continues down its hellish path.

See Video..... http://www.youtube.com/watch?v=wg-52mHIjhs#at=86

When asked about the sale of the tainted Factor 8, Bayer responded, ”Decisions made nearly two decades ago were based on the best scientific information of the time and were consistent with the regulations in place.” This can be interpreted as Bayer asking the FDA for permission to murder children for profit and the FDA giving its approval. According to the NY Times, the Food and Drug Administration’s regulator of blood products, Dr. Harry M. Meyer Jr., asked that the issue be ”quietly solved without alerting the Congress, the medical community and the public.”

No one in the government nor Bayer have been charged with anything in regards to this matter. Still Bayer continues to sell its Factor 8 medication to this day.

Source..... http://worldtruth.tv/bayer-and-us-government-knowingly-gave-hiv-to-thousands-of-children/

http://lawofficesofjonathanfranklin.blogspot.com/

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600    
 http://www.jonathanfranklinlaw.com