Lawsuit Attacks Colorado D.C. Ability to Administer Drugs Colorado Springs. CO. The Colorado Medical Society filed a lawsuil Monday lo halt a rule Ilial would allow chiropractors to administer drugs. The rule was created bv the Chiropractic Board of Examiners and would authorize practitioners lo administer drugs topically, orally, bv inhalation and injection, after completing 24 hours of study and a certification exam. Tlie board certifies doctors of chiropractic and changed the rule in November. Willioul action, it will go into effect Jan. 14. Colorado Attorney General John Slithers said the changes "exceed the legislative scope of the authority" granted to the board of examiners. And records at the AGs office show most chiropractors oppose the rule. "The enactment of the nile exceeds Ilie authority of chiropractors as defined in the Chiropractors Practice Act and inlnides on the practice of medicine by professionals licensed under llic Medical Practice Act." said Susan Koonlz. general counsel and senior director of government relations for the Colorado Medical Society. "Authorizing chiropractors lo administer dnigs and perform injections threatens irreparable injury lo Ihe public welfare and the safety of the patients Ihe members of the Colorado Medical Society serve lo protect." said John Conklin of Martin Conklin. counsel for CMS. Also opposing the new rule in ihe lawsuit: Colorado Society of Osteopalhic Medicine. Weld County Medical Society, an attorney for several suite medical societies, including Creek Vallev Medical Society. Aurora-Adams County Medical Society. Denver Medical Society. Mesa Comilv Medical Society. Colorado Radiological Society Colorado Cliapler of American College of Emergency Physicians. Colorado Onliopaedic Society. Colorado Society of Anesthesiologists. Boulder County Medical Society and Larimer County Medical Society. Source: Colorado Springs Business Journal Federal Judge Dismisses Lawsuit to Block Florida PIP Reform TALLAHASSEE. FL. The R Street Institute, a free-market think tank headquartered in Washington. D.C. has issued a press release praising the ordcrby Judge Richard Lazzara of the U.S. District Court for the Middle District of Florid;! dismissing a lawsuit bv chiropractors, acupuncturists, and massage llierapisls that sought lo block implementation of reforms passed last year lo Florida's personal injury protection auto insurance system. In his decisioa Lazzara found no basis for the plaintiffsclaims that because the law constrains PIP coverage for chiropractors and proscribes it altogether for massage therapists and acupuncturists, they were denied due process and equal protection under the Fifth and 14th Amendments to the U.S. Constitution. "What plaintiffs fail to grasp is thai although thev do have a stale-created property interest in their professional licenses. Iliat interest is only subject to procedural due process protection and not substantive due process protection." Lazzara wrote, adding thai the practitioners' procedural due process rights are covered bv llic legislative process that passed the law. Lazzara added that Ilie statutory restrictions in the PIP reform law do not appear to impinge on the plaintiffs' liberties to follow llieir chosen professions. In a press release. R Street Florida DircclorChrislian R. Camara called Ilie decision a v iclory for Florida consumers. "Governor Scott and the Florida Legislature heard the calls from Florida consumers aboul their runaway auto insurance cosls and look action to cul oul llic fraud and unscrupulous claims lhal were driving up rates." Camara said in tic release. "The federal court did Ihe righl thing in upholding lliosc cost-saving, pro-consumer reforms by throwing out this law suit. It is unfortunate tliat opponents of reform who couldn't gel tlicir way in ihe Capitol last year insist on using the courts to legislate on their behalf." La//ara's decision allowed the plaintiffs to proceed with a separate suit in Florida state court, which lie said was in a better position to judge unique claims made under Florid) constitutional law. That suit was filed Jaa 9 in Tallahassee in the 2nd Judicial Circuit Court of Florida. Source: Sunshine State News Hcnncpin County Jury Returns Excess Verdict Against American Family Insured EAGAN. MN. January 26. 20 13 After being told to "pet over it" by an American Family adjuster, a 22-vear old woman, after nearly drowning in a car crash, was awarded almost $284.(HH) bv a Hennepin County jury On Wednesday. January 16. 2013. aflera2day trial, a Hennepin County (Minnesota) jury returned an excess verdict in favor of a 22-year old passenger who was injured in a collision in late March 2010. The 22-vear old was a passenger in a vehicle driven bv Champale Carter on March 28. 2010. Tlie young women were traveling to Willmar to visit friends. On the wa> tliere. after dark, llic driver went through a t-inlerseclion and into a holding pond. The car hit the water, the front windshield broke and water began rushing in. The young women escaped the vehicle. When they jumped from the car into the water, they realized that the cold water was over her heads. The two young women swam to shore. Tlie passenger suffered injuries to her neck and back in the collision. More devastating, however, was the emotional injuries slie sustained. Follow ing llie collision, the 22-vcarold passengerexperienced nightmares 2 to 3 nights per week. Site received medical care from a chiropractor, neurologist and a psychologist. The passenger's attorney. Thomas Bcnncrollc of Ihe Eagan based law firm of Ben-nerotte & Associates. PA. pursued Ihc driver's insurance carrier. American Family, in an effort lo attempt resolution of Ihe case. American Family offered a small sum of money for what they deemed soft tissue injuries. With respect lo tlie emotional aspects of Ihe passenger's case, the American Family adjuster suggested Mr. Ben-nerotte tell his client to "get over it." After the verdict Mr. Bennerotte said his client and him both remembered that May 2011 conversation with the American Family adjuster like il was yesterday. Bennerolle said. "1 did nol react lo Ihe insensitive comment like 1 would have liked to. 1 simply told Ihe adjuster that Ihe comment was foolish but that 1 would nol gel mad 1 did 'promise' him, however, thai mv client and I would get even." A law suit was commenced in response lo llic low -ball offer "Get even" is exactly w hat Bennerotte and his client did. Tlie driver did nol admit fault or offer an apology. "We asked the iurv to do what tlie negligent driver did nol - make things right." Tlie Hennepin County jury returned a verdict in favor of tlie passenger for almost $284.(XX). which included over $22(UXX) for pasl and future paia suffering, embarrassment and emotional distress. Tlie verdict is well over llic American Family insurcd's $ KX).(XX) policy limit. When asked about llic verdict Bennerolle smiled and said. "As il turns out American Family will be the ones getting over it." While the result was not Bennerotte's largest he commented that, "it was one of the most satisfying." Source: E1N PRESSMRE
