Category Archives: Uncategorized

Office hours tomorrow 9-10

I have my first Friday of the month selectman office hours tomorrow at The Center from 9-10am.

Read Across America

To celebrate Dr. Seuss’ birthday Memorial School yearly invites town employees in to be guest readers to the children, as part of the National Read Across America campaign. This year I was assigned to read “Rude Cakes” to Mrs. Herrings class and also to Mrs. Teaney class.

I asked the children to vote for which reading hat I should use, and both classrooms chose the jester hat.

And in case you have not read it, the rude cake learns from the kind cyclops, who steals the cake from its bed and wears the cake as a hat, to be a kind cake.

Your right to sue if you are injured is under attack

Congress Moves To Punish Anyone Using The ACA And Medicare

House Republicans are hoping to dismantle the Affordable Care Act by punishing those who benefit from it.

02/26/2017 05:44 pm ET | Updated 1 day ago

Anadolu Agency via Getty Images

Those who think Congress is weakening its anti-Obamacare, anti-Medicare resolve aren’t paying attention. Instead of beginning with repeal and replace bills, however, Congress has shifted focus to punishing anyone who benefits from these laws. And it’s happening right now.

On February 28, 2017, the U.S. House Judiciary Committee will markup and vote on a rushed piece of legislation, H.R. 1215, covering anyone who receives health care through a “federal program, subsidy, or tax benefit.” At a minimum, that means the Affordable Care Act, veteran and servicemember health plans, Medicare and Medicaid (i.e., the elderly, poor and disabled). Beyond this, the full scope is unclear because the bill has not been examined in a single legislative hearing.

According to H.R. 1215, punishment would begin if you (or your child or loved one) were harmed by an unsafe hospital or nursing home, in some cases injured by an unsafe drug or medical device, or even sexually abused by a doctor. If you tried to seek compensation or accountability in court, you would be forced into an inferior and cruel system of justice created just for you by lobbyists and career politicians in Washington DC.

This bill, H.R. 1215, the so-called “Protecting Access to Care Act of 2017” (more like the Protecting Access to Unsafe Care Act of 2017) is the brainchild of congressional Republicans who say they want government out of health care. Ironically, this bill is nothing if not federal mandates, including eliminating civil justice rights guaranteed by state governments. These mandates include taking power away from local juries to decide individual cases, and consolidating that power in the hands of DC politicians.

Among H.R. 1215’s many harsh provisions is a federal mandate on the value of a life. This appears in the form of an across-the-board $250,000 “cap” on compensation for “non-economic” injuries (like paralysis, trauma, reproductive harm), which would be mandated in states even where such caps are unconstitutional. That same cap would apply whether a parent lost a child, a senior citizen were harmed in a nursing home, or a family breadwinner were permanently disabled due to reckless medical care.

Other provisions include:

· A federally-mandated statute of limitations ― the time limit for someone to file a meritorious lawsuit ― which is more restrictive than a majority of state laws.

· Federal repeal of state collateral source rules, meaning a wrongdoer can reduce their obligation to compensate a patient by the amount of disability, workers compensation or other insurance received, to which a patient has a right.

· Federal repeal of state joint and several liability laws, meaning that the injured patient ― not other fully-responsible wrongdoers ― would have to cover the cost of an injury if one of the fully-responsible wrongdoers cannot pay.

· A federally-mandated prohibition against a severely-injured patient receiving a full jury award in a lump sum, leaving the patient undercompensated while the insurance company gets to sit on the money and pocket the interest.

· Federal interference with an individual’s right to contract with their own attorney on fees (while the insurance company or hospital that committed malpractice has no such restriction).

· A federally-mandated ban on including a hospital, nursing home or health care provider in a case against a drug company over an unsafe drug, even if the provider negligently prescribed or administered the drug and is jointly responsible for causing injury or death.

Medical errors are the third-leading cause of death in America, behind heart disease and cancer. Enact this bill, and watch “medical errors” rise to number one or two.

If you need any evidence, take a look at what’s happening in Texas, which has some (but not all) of these laws already. Texas attracts neurosurgeons like Christopher Duntsch, who was just sentenced by a jury to spend the rest of his life in prison:

For weeks, jurors heard the accounts of patients who had been maimed or paralyzed in horrifically bungled surgeries. Kellie Martin and Floella Brown died… “So why didn’t he stop?” … “Because of greed. Because he owed people a lot of money. He wanted to live the high life and a neurosurgeon makes big bucks. Why didn’t he stop? Because he had no conscience. He doesn’t care what he has left in his wake.”

But there’s another reason why he didn’t stop: a Texas law that severely caps damages, just like H.R. 1215 would do. As attorney Chris Hamilton explained, without this law, “Duntsch would not have been allowed to keep operating on patients. It is almost certain there would have been a significant liability lawsuit against one of the hospitals for an early patient… I cannot imagine a circumstance where the hospitals would not have kicked out a doctor like this much sooner.’”

Yet this isn’t the only case of a butcher brain surgeon in Texas. A few years ago, there was another guy, Dr. Stefan Konasiewicz. After being disciplined in Minnesota, Konasiewicz made a bee-line for Texas where he continued to harm patients as he operated on their brains.

But we don’t even need horrendous anecdotes like this to prove the point. Researchers studying patient safety in states with “caps” (like Texas) found “consistent evidence that patient safety generally falls” after caps are enacted. That’s because medical malpractice liability gives providers an incentive to be careful.

H.R. 1215 is the sixth anti-civil justice bill in less than two months coming out of the U.S. House Judiciary Committee, not a single one of which has had a hearing. As lobbyists and politicians scheme to strip Americans of their legal rights, they are hoping no one notices. If they succeed on any of these bills, it will be open season on American families and small businesses that are harmed by super-rich industries or reckless health care.

As I’ve said before, “woke America, these ‘under the radar”’ issues need your attention. Time to add them to the long list of things that need ‘resisting.’”

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3/27 election ballot

ballot-2017

BoS tonight

Just got the agenda – thanks Carol Read –

Tuesday February 21, 2017@ 7:00 PM AGENDA (SUBJECT TO CHANGE) 7:00 PM Aditi Thatte, Jean Mineo and Russell Hallisey Discuss proposed Straw Hat Park sign COMMITTEE APPOINTMENT The Selectmen are requested to vote to appoint Walter Kincaid to the Permanent Building Committee PENDING Review warrant articles Discussion regarding override questions LICENSES AND PERMITS Medfield High School Theatre group requests permission to post signs February 24 to March 10 advertising their performance of the "Wizard of Oz" Medfield Garden Club requests permission to post signs March 12 to March 20 promoting the annual "Art'N Bloom" at the Medfield Public Library INFORMATIONAL ZBA February 9 meeting rescheduled to Monday February 27 regarding Country Estates ZBA Notice of Decision #1298, 1299 Other business that may come before the Board of Selectmen

Town bell

msh-bell

This email came this weekend from the chair of the Medfield State Hospital Building and Grounds Committee, John Thompson, with his photos of the town bell and Lee Chapel at Medfield State Hospital at sunset –

 

I was able to take a close look at our bell today and have identified its maker.  It was made by the Meneely Foundry in Troy, NY in 1896, the year that the Medfield Asylum was opened. See attached. The bell is located at the louver level below the clock.  The clock mechanism is set up for the bell to strike on the hour.

I was also able to see how to ring the bell-very easy. It has a beautiful sound.  Would the committee like to meet together at the Chapel some afternoon for a bell ringing?

Here is a link to information about the Meneely Foundry:    http://bells.danmeneely.com/

The production link is very interesting as is the bell making film under the video and film footage tab.  Medfield is very luck to have this bell. Surely a town treasure.    John

msh-lee-chapel-by-jt

MSH

Signs of spring.

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PETERSON | Law

Osler “Pete” Peterson

617-969-1500 – Newton

February 2017

Attorney Photo

Troubling News On Traffic Safety

Injuries and deaths from vehicle crashes have always been a major problem on U.S. roadways. But as a nation, we have made steady progress over the past four decades, thanks to education and many safety innovations. Then came reports in 2015 and now 2016 that this trend has been reversed.

So far, safety experts are still scrambling to pinpoint just exactly what is causing the upswing. But as we discuss in this must-read issue of “You Should Know,” those of us who work to protect the rights of people injured in vehicle crashes know the common culprits all too well.

Experts Looking for Answers to Rising Traffic Injuries, Deaths

Pedestrian AccidentAccidents involving pedestrians and bicyclists are also on the rise.

Cheaper Gas, Better Economy, Distracted Driving Among Contributing Factors

For decades, auto accidents have trended downward. Road fatalities steadily declined from more than 50,000 annually in the early 70s to just over 30,000 in recent years. Credit goes to many advances in safety, including:
  • Crashworthy vehicles that better protect those involved in a crash
  • New technologies like anti-lock braking, vehicle stability controls and self-driving sensors that prevent accidents in the first place
  • Education programs and tougher laws aimed at seatbelt use, teen drivers and driving while impaired.

But starting in 2015, road safety hit the skids when the number of people lost in crashes jumped 7.2 percent from 2014, the largest percentage increase in 50 years. And the news for 2016 may even be worse as the National Highway Traffic Safety Administration (NHTSA) recently projected an 8 percent increase in traffic deaths for the first nine months of 2016 over 2015.

Some safety experts have blamed the increase on more drivers traveling more miles. Longer commutes and more road trips, coupled with cheaper gas and lower unemployment, adds up to more drivers on the road. Even those not in a vehicle are at a higher risk as car-pedestrian and bike fatalities have risen as well.

But NHTSA’s Administrator Mark Rosekind said he and his colleagues can’t accept that a better economy means more people are going to die on our roads. “We still have to figure out what is underlying those lives lost,” he said. To that end, NHTSA and the National Safety Council joined forces to launch the Road To Zero campaign in October, which aims to end all traffic fatalities in the U.S. in the next 30 years. This campaign provides grants to non-profits that help research and implement innovative highway safety measures.

Car Crash? There’s an App For That

The spike in traffic fatalities and accidents is often blamed on the use of smartphones. According to the latest data from the Pew Research Center, almost 80 percent of U.S. adults own smartphones. More than 600,000 of those people are operating a smartphone while driving at any given time.

Texting and driving have proven to be a dangerous combination, with 78 percent of distracted driving-related crashes attributed to a texting driver. However, dangers from non-texting apps that encourage driver interaction have also arisen.

The messaging app Snapchat features a speed filter that tells users how fast they are traveling, which some have argued encourages drivers to travel at unsafe speeds. A man who suffered a traumatic brain injury during a recent collision is suing both the other driver for her recklessness as well as Snapchat for encouraging the teen to drive at unsafe speeds. Waze, a navigation app, rewards users for reporting traffic jams and roadside obstructions while driving. The “Gotta Catch ’Em All” mentality of Pokémon Go has caused accidents when users ignored safety to play the game.

Protect Yourself and Others

Traditionally the six root causes of serious accidents are driver inattention, fatigue, impaired driving, speeding, aggressive driving and adverse weather conditions. With those factors in mind, here are some tips you can use to prevent traffic accidents and protect yourself and others:

  • Silence and put away all phones for the duration of your drive.
  • Keep your eyes on the road and leave the distractions at home.
  • When buying a new or used car, prioritize safety ratings and purchase cars with safety features. Also be sure to run a recall check on your car at SaferCar.gov.
  • If you are a pedestrian or bicyclist, pay attention to vehicle traffic even if you have the right of way. A distracted driver could mean disaster.
  • Follow all posted speed limits and wear your seat belt.
  • Always drive alert, awake and sober.
You Should Know is a copyrighted publication of Voice2News, LLC, and is made possible by the attorney shown above. This newsletter is intended for the interest of past and present clients and other friends of this lawyer. It is not intended as a substitute for specific legal advice. If you no longer wish to receive these emails, click here to unsubscribe from this newsletter, and your request will be honored immediately. You may also submit your request in writing to: Steven L. Miller, Editor, 4907 Woodland Ave., Des Moines, IA 50312. Be sure to include your email address.

Rep. Garlick’s letter on Patch

20170105-mega-b

I just saw this on Patch – thanks Denise for including me in your statement, and thanks Laura for posting the letter.

The hard work to maintain a safe harbor that precludes unfriendly 40B’s has only just begun, and it will be a long slog for the Town of Medfield to arrange to get the 21 Subsidized Housing Inventory (SHI) units built each year to maintain that safe harbor.  I spoke with the Department of Housing and Community Development this week about expanding Tilden Village, and the financing (primarily 9% tax credit financing was recommended) to accomplish that expansion appears neither easy, nor fast.

Town officials are having their first meeting next week with the town’s new affordable housing consultant, so hopefully we will soon craft a plan that gets the town to the 10% affordable housing level.

Letter to the Editor: Medfield 200 unit – Mega 40B

Medfield Meadows


This week we celebrate leadership, teamwork, strategy, perseverance and a positive outcome. Patriots? Sure. The Town of Medfield – Absolutely! The denial of the site application for “Medfield Meadows,” the 200 unit Mega 40B proposal, was the result of the work of Medfield’s committed citizens, elected leaders, Town staff and MassHousing.

The successful work of the Dale Street group was rooted not only in their neighborhood issues but in their ability to organize, understand the process, gather significant information, mobilize fellow community members and share their concerns with and for the Town.

The “Town” represented by the Board of Selectmen actively listened and was willing to act. The Board of Selectmen was engaged and thinking innovatively, exercising resources to strengthen the team effort, and charging the staff with the process and preparation of materials. Perhaps one of the finest moments I have ever witnessed in local government occurred at the packed public hearing when the consultant for the developer deflected a community member’s question by saying, “We’ll take that up with the Town.” Chairman “Pete” Peterson paused and looked out at the hundreds and hundreds of concerned citizens gathered in the hot, overcrowded auditorium, his fellow Selectmen at his side, the Town staff present and prepared, with the whole Legislative delegation in attendance and responded, “We are the Town.”

MassHousing is tasked with an aggressive charge of helping to develop affordable housing, which is needed in our Commonwealth. MassHousing’s mission statement says it will focus on the needs of its customers and the people and the communities it serves, while demonstrating values of respect, collaboration and integrity. Throughout the process MassHousing was observing, listening, analyzing documents and relevant materials, revisiting the site and meaningfully engaging in the process.

The denial of the site application opens a window for Medfield to control its own destiny in terms of affordable housing and meeting the community’s needs. The Medfield Housing Production Plan is the way in which the Town, can and should move forward on its own terms.

I stand ready, always, in partnership to support the Town – its citizens, the elected leaders and staff. I join with you all in honoring this moment of good government and celebrating Team Medfield!

Sincerely,

Denise

State Representative Denise C. Garlick

13th Norfolk District (Medfield; Precinct 1 and 2)

Pacemaker data leads to arrest

From the ABA Journal –

Data on man’s pacemaker led to his arrest on arson charges


Pacemaker xray.

http://www.redditstatic.com/button/button1.html?url=http%3A%2F%2Fwww.abajournal.com%2Fnews%2Farticle%2Fdata_on_mans_pacemaker_led_to_his_arrest_on_arson_charges%2F%3Futm_source%3Dmaestro%26utm_medium%3Demail%26utm_campaign%3Dweekly_email&sr=law

Police charged a Middletown, Ohio, man with aggravated arson and insurance fraud after data on his pacemaker was inconsistent with his claims about his physical activity when his house burned down.

Police said they charged Ross Compton, 59, after obtaining a warrant to search the pacemaker, report WLWT and the Journal-News. Police Lt. Jimmy Cunningham told WLWT that one of the key pieces of information was the pacemaker evidence.

Compton told a 911 dispatcher that when he discovered the fire, he packed some belongings; broke the glass of his bedroom window with a cane; and tossed his belongings outside.

Police examined the heart monitor’s recorded data about Compton’s heart rate and cardiac rhythms, and concluded that the information didn’t match his claims. A cardiologist reviewed the data and said it was “highly improbable” that a person with Compton’s medical condition could collect and remove the items in such a short period of time. Police also said the fire had multiple points of origin and that gasoline was found on Compton’s shoes and clothing, according to WLWT.

Compton told WLWT that the charges were “utterly insane” and he had no motive to burn his house down. “This investigation has gone way out of control,” he said.

Electronic Frontier Foundation staff lawyer Stephanie Lacambra told SC Media that cases like Compton’s raise privacy issues.

“Americans shouldn’t have to make a choice between health and privacy,” Lacambra said. “We as a society value our rights to maintain privacy over personal and medical information, and compelling citizens to turn over protected health data to law enforcement erodes those rights.”