Tag Archives: claims

Cole & Van Note Announces Sedgwick CMS Data Breach Investigation

Oakland, California, USA, 2022-Mar-05 — /EPR LAW NEWS/ — Cole & Van Note, a leading consumer rights law firm, announces today its investigation of Sedgwick Claims Management Services, Inc on behalf of its consumers/clients, arising out the company’s recent data breach. According to the company, the private information of a massive number of people may have been stolen in the hacking of its information network. It is currently unknown how many people have had their information used for criminal purposes.

If you received a notice of this alarming data breach and/or have transacted in any way with Sedgwick Claims Management Services, Inc, your information may already be in the hands of cybercriminals, making your urgent attention to this situation very important.

Cole & Van Note is ready to discuss your options and can be contacted at (510) 891-9800, by email at sec@colevannote.com or through its  website by clicking below:

Cole & Van Note has been successfully handling consumer and employee rights matters since 1992. The firm has recovered compensation for millions of individuals and stands ready to help you get paid for your losses.

Attorney Advertisement. Our previous results do not guarantee or predict a similar outcome.

Full Name: Scott Cole
Organization Name: Cole & Van Note
Phone: (510) 891-9800
Email Address: sec@colevannote.com
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Field Fisher Waterhouse Wins Compensation For Lung Cancer Sufferer Exposed To Asbestos

Field Fisher Waterhouse LLP has won £84,000 in compensation for Mr B, a 67 year old man from Hayes who contracted lung cancer after being exposed to asbestos dust whilst working as a labourer for Cape Building Products Limited in the 1960s.

During his 18 months at Cape Building Products, Mr B was heavily exposed to asbestosdust in the course of his work. His tasks included handling sacks of raw asbestos which he was required to open and empty out.

Generally it is very difficult to prove the connection between lung cancer and asbestos exposure where the sufferer has not first contracted asbestosis. In this case Mr B had also smoked heavily for most of his adult life, making it even harder to establish the connection.

Michael Osborne, solicitor in the Asbestos Claims Group at Field Fisher Waterhouse, was able to negotiate a settlement from Cape Building Products’ insurer with the help of a medical report proving that asbestosis did not need to be present for a patient’s lung cancer to be attributed to asbestos exposure. Mr B received a settlement of £84,000 in compensation which took into account a deduction of 17.5 % to reflect his history of smoking.

Michael Osborne, senior associate in the Asbestos Claims Group at Field Fisher Waterhouse, commented: “I am pleased that we were able to prove the connection between Mr B’s lung cancer and his exposure to asbestos at Cape Building Products in the 1960s. Despite being exposed to asbestos dust for only a short time, this was enough for him to contract a serious disease. This settlement will provide Mr B and his family with the necessary means to cover the costs of his ongoing care.”

Mr B’s son said: “I would like to take this opportunity, on behalf of my father and myself, to thank the firm for the professional and sympathetic way they have dealt with our claim. On a personal note, I would like to thank Michael for making such a big difference to our situation.”

Notes to editors:
Case number: 44605.1

About Field Fisher Waterhouse LLP:
Field Fisher Waterhouse LLP is a full service European law firm with offices in Brussels, Hamburg, Paris, London and Manchester and exclusive relationships with Spanish firm Jiménez de Parga and Italian firm, La Scala. The firm has over 120 partners, 220 other lawyers and nearly 300 support staff. Field Fisher Waterhouse assists a wide range of international clients, advising across the full range of legal issues.

The firm’s main areas of practice are corporate and commercial, IP and technology, banking and finance, regulatory and real estate. Field Fisher Waterhouse also has particular expertise in employment & pensions, dispute resolution, tax and competition & EU law, medical negligence, spinal injury, personal injury and brain injury claims.

The international client base includes listed and unlisted companies, multinationals, banks and other financial institutions, professional partnerships, trade associations and Government departments. A distinctive feature of the firm is its industry focus, acknowledged as leading experts in the public sector, technology and media sectors.

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What’s Been Sleeping In Your Bed?

FROM:George Rust/561-644 4128 / ybstag@msn.com

While animal rights’ activists tossed Ringling Bros.[Feld Entertainment] into a legal ring in Washington D.C federal court this month., another case is soon to pounce on Busch Entertainment Corp – – the theme-park subsidiary of InBev/Anheuser-Busch.

The Florida case, however, is more than a contest over cruel and inhumane treatment of animals “on display.” It raises serious health issues for the travelling public.

According to filed court documents, Cuban-born Arlin Valdez-Castillo, a 40-something chambermaid at Boykin’s Miami airport Hampton Inn was assigned to conduct her housekeeping duties in hotel rooms occupied with an unusual clientele: lemurs, spider monkeys, a tropical parrot, and a five-year-old, five-foot long alligator named Bob. Although the rooms smelled like a zoo, according to members of the hotel staff, Arlin did her duty … retrieving feathers and fecal matter left by the untidy exotics. Arlin didn’t know about zoonoses [the medical term for diseases spread from animals to humans] until she fell seriously ill, was hospitalized for two weeks with angry lesions spontaneously erupting all over her body.

That was 2004. Next month, after five years of reoccurring skin lesions, diagnosed by a prominent Miami immunologist to have been caused by exposure to the exotic animals, a federal judge will weigh the evidence between man and beast. Recently, a Miami neurologist, who will testify at the upcoming trial, opined that the initial zoonotic infection has spread to Arlin’s nervous system, causing her severe pain in some extremities which he diagnosed as RSD (Reflex Sympathetic Dystrophy).

Unable to work, Arlin’s cause of action for payment of her mounting medical bills –- now calculated to exceed $450,000 with no end in sight – and sufficient funds to sustain a modest lifestyle and provide for future care, has been stymied at every turn by Busch lawyers, who claim “it’s her fault” that she had allergies.

Such outrage does not stop with Arlin. Conservation Ambassadors, formerly Wild on Wheels formerly Zoo-to-You, a California company which claims to promote animal conservation and provide an educational experience to curious townsfolk across America. It is no coincidence that Conservation Ambassadors appears to have a single client – Busch – to promote the corporation’s revenue-producing theme parks, including Busch Gardens – Tampa.

But does dragging helpless wild animals cross country, submitting them to the dark, frigid cargo-holds of Boeing’s best for 5+ hours really teach respect for wildlife? Or does it smack of high-powered publicity stunts to lure visitors out of shopping malls into theme parks to pump up the corporate bottom line?

Tourists and truckers should inquire of roadside innkeepers: What was sleeping in my bed before booking their motel rooms. Unwary folks may be exposing themselves to serious infectious diseases. These animals of the wild may not leave the light on for the weary traveler, but deposit dangerous microscopic organisms on the welcome mat in their wake.

Additional information/substantiation available at:
PACER (Public Access Court Electronic Records) www.pacer.gov
Southern District of Florida Case # 1:06-cv-20772-WPD

Previous coverage: as follows
Hotel Online (9/08)

Hotel Online
News for the Hospitality Executive
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A Hampton Inn Miami-Airport West Housekeeping Attendant Claims Health

Woes After Cleaning Up for Two Lemurs, a Monkey and an Alligator
By Douglas Hanks, The Miami HeraldMcClatchy-Tribune Regional News
Sep. 24, 2008 – There’s no doubt some guests at the Hampton Inn Miami Airport West behaved like animals during their stay four years ago. They had an excuse, though — being lemurs, a spider monkey, an alligator and a parrot.

The menagerie — stars of a traveling zoo exhibition — lies at the heart of a lawsuit by a maid who cleaned rooms rented by the animals’ handlers for eight days in February 2004. Arlin Valdez-Castillo blames chronic medical problems on exposure to bird feces, monkey dander and other alleged hazards from the exotic guests.

The case, being heard in federal court in Miami, will force a judge to weigh the legal protections for employees, employers and beasts when all three land in close quarters.

Defense lawyers want Judge Shelby Highsmith to throw out the case partly based on court precedents that animal owners face liability only if their charges attack (such as a dog bite) rather than simply perform natural functions (such as spider monkey droppings).

“Plantiff’s alleged allergic reaction was not due to the dangerous propensities of the wild animals,” attorneys for Busch Gardens, which hired the animals for a local publicity tour, wrote in a motion. “Rather, the allergic reaction was due to Plaintiff’s own immune system.”

The case also reveals some of the complications involved when business travel includes the furry and the feathered.

ANIMAL HOUSE
Lawyers submitted as evidence a Busch Gardens manual for traveling with animals. Among the tips: Book a room near an ice machine when on the road with penguins and always put the “Do Not Disturb” sign on the door when leaving an animal alone in a hotel room.

According to court documents, the messy dispute began in February 2004, when Busch Gardens booked a South Florida publicity blitz for its safari theme park in Tampa. It hired the traveling Wildlife on Wheels animal troupe run by Conservation Ambassadors, a nonprofit in California’s wine country.

On Feb. 9, Maya the spider monkey, Bob the alligator, Tango the Macaw and lemurs Zuri and Rufio were loaded into containers and flown from California to Miami on an American Airlines flight.

They joined Busch Gardens workers for performances at Miami Heat and Miami Hurricanes basketball games, a Florida Panthers hockey game, and school and television appearances.

At night the animals and their Wildlife on Wheels handlers slept at the Hampton Inn, at 3620 NW 79th Ave. in West Miami-Dade.

Valdez claims her superiors forced her to clean the rooms once the handlers and animals left for the day.

Lawyers and executives for the hotel declined to comment.

Alan Landsberg, a Fort Lauderdale lawyer representing Conservation Ambassadors, said: “We believe the plaintiff has no case.”

HAIR AND FEATHERS
In her deposition, Valdez said she made contact with hair, feathers, urine and feces while cleaning the rooms.

“When you walked into the room, it was like being in a zoo,” Valdez said Tuesday afternoon through a translator in the Coral Gables office of her lawyer, John Hess.
But Migdalia Gonzalez, another Hampton Inn maid, said in a deposition that she encountered an “unpleasant” smell and plenty of feathers and bird food while cleaning up the rooms, but no feces, fur or visible urine.

Five hours into her 2006 deposition, Valdez also recounted being kidnapped two weeks earlier from outside her suburban Miami home by two men she claims took her to a cemetery and warned her to drop the lawsuit. Hess said a police report was filed, but no arrests have been made.

Valdez’s suit claims the animal exposure left her with physical and emotional problems, including skin lesions throughout her body, headaches and depression.

A University of Miami doctor, Nancy Klimas, wrote in a 2005 report that Valdez developed severe animal allergies “through a prolonged and dramatic exposure of animal dander and excrements during those 2 1/2 weeks” at the Hampton Inn.

Becca Bides, a spokeswoman for Busch Gardens and its sister park, Sea World, declined to comment directly on the suit but said: “We have been conducting animal interaction programs in our parks, and all over the world, for 45 years. And we have never had a history of such an occurrence.”

The suit says Boykin Management, the Ohio company that owns and manages the Hampton Inn franchise, forced Valdez, 42, out after she complained of health problems from the animal exposure.

But in court filings, Boykin denied making Valdez clean the rooms and rejected allegations she came into contact with feces, dander or other animal substances.
The Busch Gardens travel guide states animals may “roam” in hotel rooms, but all “feces, urine and marking excretions should be properly cleaned if this occurs during playtime.”

Busch Gardens, in a court filing, suggests Valdez brought on the problems herself.

“Plaintiff so carelessly and negligently conducted herself as to cause or contribute to the occurrence of the incident,” the theme park’s lawyers wrote.

But Valdez said she only cleaned the rooms as best she could, scooping up feathers by hand from the sink and scraping droppings off the carpet.

“I did what I had to do,” she said Tuesday.
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To see more of The Miami Herald or to subscribe to the newspaper, go to http://www.herald.com.
Copyright (c) 2008, The Miami Herald
Distributed by McClatchy-Tribune Information Services. For reprints, email tmsreprints@permissionsgroup.com, call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA.

Contact Details:
Plaintiff’s counsel:
Michael M. Tobin, Esq.
Tel: 305-445-5475

John P. Hess, Esq.
Tel: 305-445-9525
Email:jphess55@hotmail.com

Bryan J. Yarnell, Esq.
561-622-1252 x178
bryanyarnell@gmail.com

Defendants’ counsel:
Robert Blank, Esq. [Defendant Busch]
Tel: 813-223-4253
Email: rblank@rumbergerkirk.com

James E. Mitchell, Esq. [Defendant Conservation]
Alan L. Landsberg, Esq.
Tel: 954-761-8600
Email: jem@bunnellwoulfe.com
all@bunnellwoulfe.com

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