Anthem Blue Cross Claims Processing Delays

Anthem Blue Cross may have violated state law more than 700 times in part by dragging its feet in paying claims and responding to state regulators, state Insurance Commissioner Steve Poizner said Monday. Among the complaints Anthem Blue Cross allegedly racked up from 2006 through 2009 are 277 instances of failure to pay claims in 30 days; 143 instances of failure to respond to the Department of Insurance's queries in reasonable time; 66 instances of misrepresenting facts or policy provisions to customers; 25 instances of failure to pay interest on unreimbursed claims; 22 instances of making unreasonably low settlement offers; 21 instances of failure to pay or contest a claim within 30 days; and 178 instances of miscellaneous delays and other claims-handling violations.

Stanford University Scholar Dies From Injuries

Two weeks after being struck by a car at Stanford University, 26-year-old Chinese scholar Yichao Wang died Friday, leaving behind a grieving family with huge medical bills. Wang, a visiting Ph.D student born in the northeast Chinese city of Harbin, was bicycling home on Feb. 3 to his Palo Alto apartment after a late night working at a civil and environmental engineering lab.

The California Highway Patrol has not released findings from its investigation. Wang's parents are devastated by the death of their only child. His retired father is battling cancer and heart disease. Neither parent speaks English. China's one-child law meant that all of their hopes were pinned on their bright son. His wife of three years, also 26, is a student in Singapore.

"He was the center of the family, pride and joy of his aged, ill parents, happiness of his wife, a smart young man with a bright future ahead," said volunteer Dan Cao. Over $1 million has been spent so far for his care at Stanford Hospital. Wang purchased a $300,000 health insurance policy with United HealthCare but the bills surpassed the limit. China does not insure citizens once they've left the country without a job there.

The Chinese Mutual Aid International Network, a local charity, has created a special fund: PayPal:donation@cmain.org, or send checks with "Wang, Yichao" in the memo line to CMAIN, 1172 Murphy Ave., Suite 237, San Jose, CA 95131.

Another Muni Crash

Add another Muni collision to the long spate of San Francisco Muni accidents.

During today's morning commute at approximately 6:20 a.m., a San Francisco Muni Metro train rear-ended a historic streetcar. Three are in the hospital as a result, although their injuries are reportedly non life-threatening.

Walkup attorneys have a long history of representing injured San Francisco residents in their lawsuits arising out of Muni collisions, and have a history of successfully resolving these claims. But the number of recent Muni accidents is disturbing. It is time for a serious look at the root causes of these accidents, and how they can be prevented in the future.

East Palo Alto Plan Crash at 7:54 a.m.

A Cesna 310 (designed to hold 4-7 people) registered out of Santa Clara took off from the Palo Alto Airport just before 7:54 a.m. on February 17, 2010. It was heading to Hawthorne, in Southern California. Witnesses told KGO-TV that the pilot veered in the wrong direction after takeoff, heading over the City of East Palo Alto.

One witness told KTVU news that the pilot was a high ranking executive with Tesla Motors, which makes electric cars.

The plan initially impacted the street, then slid into a two-story home housing a day care center was hit by the plane and burst into fire. One witness reported that there were children in the building at the time. Incredibly, none were injured.

You can listen to emergency crews as they deal with the emergency on FireDispatch Click on Tac-15.

Walkup lawyers handle aviation lawsuits, and our past cases have involved helicopter crash lawsuits and plan crash lawsuits with settlements in the range of $2-3 million.

$23.2 Million Dollar Verdict in Medical Malpractice Case

On February 9, a jury in the notoriously pro-defendant Kandiyohi County, Minnesota awarded $23.2 million to a family whose daughter is severely handicapped due to oxygen deprivation during her birth at Rice Memorial Hospital.

Walkup Law Office partner Mike Kelly flew out to Minnesota to try the case, along with local attorneys in Minnesota.

After an 11-day trial, with temperatures below freezing outdoors, the jury found that the physician and hospital had both been negligent in their care of the infant, and that their negligence had caused her continuing problems, including spastic quadriplegic cerebral palsy, cortical impairment, neurological difficulties, and seizures.

The jury deliberated for just over three hours before returning the verdict and awarding $23.2 million to the family.

Toyota: Is Your Vehicle Safe?

For our readers' convenience, here is a summary of the most recent Toyota recalls. For more information, please see the NHTSA consumer advisory dated February 10, 2010.

Gas Pedal Entrapment By Floor Mats

More than 4 million Toyota vehicles have been recalled because of issues with gas pedals becoming entrapped by floor mats, and potentially remaining depressed. Drivers should immediately remove the driver-side floor mat from the following Toyota, Lexus, and Pontiac Vehicles (and then see your dealer for a remedy).

• 2007-2010 Camry
• 2005-2010 Avalon
• 2004-2009 Prius
• 2005-2010 Tacoma
• 2007-2010 Tundra
• 2007-2010 ES 350
• 2006-2010 IS 250 and IS350
• 2008-2010 Highlander
• 2009-2010 Corolla
• 2009-2010 Venza
• 2009-2010 Matrix
• 2009-2010 Pontiac Vibe

Sticky Gas Pedals

Approximately 2.3 million Toyota vehicles are being recalled for problems involving gas pedals, some of which remain partially depressed even after the driver's foot has lifted.

• 2007-2008 Tundra
• 2008-2010 Sequoia
• 2005-2010 Avalon
• 2007-2010 Camry
• 2009-2010 Corolla
• 2009-2010 Matrix
• 2009-2010 RAV4
• 2010 Highlander
• 2009-2010 Pontiac Vibe

Brake Fluid Leaks

Certain models are experiencing momentary loss of braking power due to brake fluid leaks. The following vehicle models are implicated:

• 2010 Prius Hybrids
• Lexus HS 250h vehicles
• 2010 Camrys

Consumers are advised to check the Toyota recall website and the NHTSA website regularly to stay informed regarding additional recall information.

Toyota Recalls: What was known, and when?

There are indications that Toyota may have known about its accelerator problems for years before Toyota went public with them.

An amended class action lawsuit filed again Toyota Motor Corp alleges that, in September 2006, Ernestine Montgomery’s 2005 Toyota Camry accelerated without warning, and caused her to crash into the wall of a grocery store (while her foot was still on the brake). She took her Camry in for servicing, and the Toyota dealer replaced her accelerator pedal.

According to State Farm Insurance Company, State Farm began warning federal safety regulators (NHTSA, the National Highway Traffic Safety Administration) about the accelerator problem starting in 2007. State Farm had been compiling data from numerous collisions its insured drivers had been involved in. In addition to State Farm’s own data, there were a large number of direct consumer complaints. Statisticians recognize that such reported complaints usually only represent the tip of the iceberg.

According to some sources, after NHTSA learned of the Toyota accelerator problems, it sat on that information and failed to inform Toyota. Toyota, on the other hand, received direct complaints as well. Investigation is ongoing, but it appears that the defects were brought to Toyota’s attention at least one year before the initial recall. If incidents like Ms. Montgomery’s are included, Toyota’s knowledge of the accelerator problems may date back to 2006, 3 ½ years before the initial recalls.

It is likely that, had consumers known one, two, or three years ago about these defects, and had the vehicles been recalled at that earlier time, multiple deaths and serious injuries could have been avoided. If you or a loved one has been injured or killed by a suddenly accelerating Toyota vehicle, contact a lawyer to learn about your rights and options.

Two municipal vehicles - two tragic collisions

Yesterday, Wednesday, February 10, at approximately 1:40 p.m., two simultaneous tragedies occurred. Two municipal vehicles, in different areas of the city, struck two pedestrians, killing one and critically injuring the other.

In the Ingleside neighborhood, at Miramar and Ocean, a San Francisco Water Department truck hit Xiu Fang Huang, who was crossing the street on foot. According to witnesses, two of the truck's wheels ran over Huang, crushing and dragging her. The witnesses ran to Huang. When they reached her, she was barely alive. According to one witness, she briefly tried to lift her head, then died. Officer Samson Chan states that no arrests have been made, and that the cause of the accident is under investigation.

At the same time, in the Portola neighborhood, yet another Muni collision occurred. A Muni bus struck a pedestrian crossing San Bruno Avenue. One witness reported that the woman was struck by the right side of the Muni bus, flipping her a "couple of feet into the air before she landed." The woman was bleeding from her nose and head. She was conscious but unable to speak.

Muni reported that the woman's injuries were considered life-threatening. The cause of the collision is currently under investigation.