Taking Back Our Constitution

Gracious, yesterday was one of those rare days that restores your faith in the future of our nation. Here in Portland, U.S. District Judge Ann Aiken issued her opinion in the Brandon Mayfield case, finding parts of the Patriot Act unconstitutional.

Hats off to Mr. Mayfield for pursuing justice and his attorneys Gerry Spence, Elden Rosenthal, and Michelle Longo. As well, to a courageous judge who did not shirk her duty. Judge Aiken found that many provisions of the Patriot Act violate the Fourth Amendment's prohibition on unreasonable search and seizure.

Unfortunately, this is a first round. It's hard to imagine that the government won't appeal. The issues here are critically important. Whether it's in this case or some other, the U.S. Supreme Court will have to weigh in. Can't say that I'm optimistic that the Supreme Court will be as clear-headed as Judge Aiken.

I suppose some might think that the judge was wrong. The argument goes that we have to be willing to make sacrifices when public safety or the national security interests are in play. It's not a bad argument, really, but Mr. Mayfield's terrible saga shows what happens when we sacrifice fundamental rights for public safety or the like.

The truth is that it's not easy living in a society that protects the rights of individuals. We have to be clear about that. Even so, we need to take that hard road because there is too much at stake. Unchecked governmental power is a very dangerous thing, even if it seems like the safe thing to do. So while it's not easy, if we're to live in the America that we value, we have to honor those precious fundamental rights set out in the constitution.

David F. Sugerman
Paul & Sugerman, PC
www.pspc.com

Providence Employee's Whistleblower Lawsuit

As reported in local media outlets, Steven Shields filed a wrongful discharge lawsuit against Providence Health Systems. As was widely reported at the time, Mr. Shields was the Providence employee who had possession of computer data stolen from his car. The computer data contained confidential patient records on hundreds of thousands of Providence patients.

The case is of special interest because Paul & Sugerman represents the proposed class in the patients' pending case against Providence Health System, related to loss of the patient information. As of this writing, Providence's motion to dismiss is pending in court in the patients' case.

Mr. Shields claims to have been discharged for reporting the data theft to the police. He is represented by Portland attorney Kevin Keaney.

David F. Sugerman
Paul & Sugerman, PC
www.pspc.com

Oregon E. coli Outbreak-Interstate Meat Disrtibutors, Inc.

Yesterday, state and federal officials warned consumers about tainted ground beef from Interstate Meat Distributors, Inc. Over 40,000 lbs of ground beef were implicated. Incredibly, NO recall notice will be issued because the meat is now three weeks past the end of its shelf life.

Somehow that seems extremely irresponsible, as many of us put ground beef in the freezer.

Early information from various websites indicates that the alert covers ground beef sold under the "Northwest Finest" brand. The following products are included in the alert:
1. 16-ounce packages of "Northwest Finest 7% FAT, NATURAL GROUND BEEF." The label bears a UPC code of 752907 600127;
2. 16-ounce packages of "Northwest Finest 10% FAT, Organic GROUND BEEF." No UPC code is available.

It's worth checking the freezer, as no one should eat this stuff.

David F. Sugerman
Paul & Sugerman, PC
www.pspc.com

More Spinach Woes--Salmonella

News reports today include the announcement of another recall--this time California spinach for salmonella. Metz Fresh LLC (King City, CA.) announced the recall earlier today. The recalled bagged fresh spinach was distributed throughout the U.S. and Canada. The recall covers 10 oz and 16 oz bags, plus 4 lb. pound cartons and cartons that contain four 2.5 lb. bags. According to media reports, here are the relevant tracking codes: 12208114, 12208214 and 12208314.

Toy Recall--Lead Paint Hazard

Today's news includes another recall of dangerous products from China. Now, Fisher Price and Mattel, Inc. are recalling lead paint-covered toys. This is a major hazard for young kids; getting the word out is very important.

There are few things worse than injuries to young children. The worst is with toddlers. At the stage where they just begin to move around, the world is bright and filled with promise. But it's also filled with dangers.

Lead paint can destroy children's lives. When it is ingested, the lead can lodge in the body for years. Lead from lead paint is a well-known cause of childhood brain damage.

Toddlers are especially at risk because everything goes into their mouths. When your child or grandchild bites on lead paint covered surfaces, the paint breaks down and enters the child's blood. Lead paint on toys has been recognized as a health hazard for decades. Toy manufacturers and distributors know that their products should never have lead paint in them, so you have to wonder how these toys got out into the world. Regardless, the danger is very real, and getting tots away from dangerous toys is an important way to protect them from harm.

According to early news reports, the recall covers 83 models of plastic dolls, including Elmo, Big Bird, Dora and Diego characters. Here is a link to a Mattel website for more information:
http://www.service.mattel.com.

Let's hope that word is out quick enough and wide enough to prevent injuries to children. Paul & Sugerman encourages you to circulate this entry to families with young children because there is nothing worse than an injured kid.

David F. Sugerman
Paul & Sugerman, PC
www.pspc.com

Doctor Facing Sex Abuse Charges

Today, an Oregon anesthesiologist, Dr. David Burleson, pleaded not guilty to felony sex abuse charges. Dr. Burleson is charged with fondling two patients who had been sedated. The case represents the next step in a long process that included a legal showdown in front of the Oregon Supreme Court.

Apparently, employees of a clinic where Dr. Burleson provided care witnessed him fondling sedated patients. When subpoenaed to a grand jury, a witness refused to provide medical records identifying the victims.

The State appealed to the Oregon Supreme Court. Here is a link to the opinion: State of Oregon v. Burleson, http://www.publications.ojd.state.or.us/S54377.htm (June 1, 2007). The short version is that the Supreme Court ruled that the witnesses must identify the victims.

It's nice to see that the system is taking Dr. Burleson's conduct seriously. In earlier times, sexual misconduct by professionals was swept under the rug. Patients suffered, and so did the profession. Bringing professional misconduct into the light of day provides important protection to future patients. Weeding out the bad doctors helps all of us.

David F. Sugerman
Paul & Sugerman, PC
dfs@pspc.com

Magic Pants Guy Loses; Consumers Win

It was not unexpected, of course. But the magic pants guy has lost his lawsuit against the dry cleaners in Washington DC.

As noted earlier, magic pants guy sued the dry cleaner because they misplaced his pants. The court found for the dry cleaners, Custom Cleaners. Looks like the magic pants guy won't collect the requested $54 million. The trial court reportedly awarded the dry cleaners their court costs. Link here: http://www.msnbc.msn.com/id/19414287/

The case demonstrates some important truths. Judges don't lightly tolerate abuse of the civil justice system. Magic pants guy had no business bringing this case and surely should be the subject of scorn for seeking $54 million for the lost pants. This clown works as an administrative law judge, which is to say that he should know better.

So for those who criticize the civil justice system, let's all remember this case. Because the system worked as it should, and the clown got shut down.

David F. Sugerman
Paul & Sugerman, PC
www.pspc.com