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The Pathology of Products Liability and Organizational Negligence

TASA ID: 1648

After 50 years of work with more than 700 companies, I have amassed significant evidence that organizations exhibit the same traits as living organisms. Some are born healthy. Best case, the principals are innately focused on the health of their employees and the needs of their customers. If the win-win vision is inculcated in their culture they stay healthy through the life cycle of the business.

Others are born with latent diseases. The principals are focused on revenue and market share. Business processes evolve without a master wellness program. Sooner or later the hidden disease or a pathogen enters the organization and the health of the company wains. These are the companies that are devastated when they are served with a lawsuit. The principals and the organization wear the scars of the lawsuit forever.


Silver Lining

TASA ID: 15272

Quorom, a 24-hospital system, currently faces bankruptcy in the wake of COVID19. In Washington State, 13 rural hospitals have less than 45 days of cash on hand. While some hospitals will recapitalize their debt structure to avoid Chapter 11, far more will be closing their doors permanently in the months ahead. The most at-risk will be rural hospitals, which are already operating with razor-thin margins and depend on elective surgeries to make up for their high rates of uninsured patients. With most operating rooms handling only emergent cases, the rural hospital is losing its biggest source of revenue. Federal funds may offer some relief, but it is impossible to save the many hospitals that are at risk, especially considering that 30 hospitals already went bankrupt last year pre-COVID.  

Accident Investigations – Hiring the Right Expert at the Right Time

TASA ID: 16816

Investigating any accident is typically a complex endeavor in which there are numerous intrinsic processes and interrelated elements that have usually led to the accident.  Therefore, it is important that the expert investigating the accident has the training and experience to deal with that specific type of accident relating to your case.  Often, I see law firms reaching out for experts who have acronyms after their name (assumed to ensure credibility) but they do not possess the necessary background, experience or training related to the specific accident being investigated. Not all accidents are the same... construction, property or slip, trip and fall are all quite different.  The investigator has to have the experience with that accident type to be able to identify and analyze the individual elements that were or were not in place.  The investigator then must be able to piece the elements together to understand their relation to the “whole” of the accident to determine the root causes and liabilities associated with the accident. 

What We Can Learn from the 1918 Pandemic

TASA ID: 1056

The social impact of the Spanish Flu and Covid-19 are eerily similar. There are many things we can learn from the 1918 Pandemic’s impact on society, the economy and employee behaviors. Similar to Covid-19, businesses and schools were forced to close, social distancing was the new norm, economies took a terrible blow and production was slowed. One of the most important lessons we have learned from the Spanish Flu is that we cannot ease our guard too quickly. In the summer of 1918, we thought we had conquered the pandemic; however, it lasted through the spring of 1919 because we underestimated its resistance.

The Backside of COVID-19, or What The World May Look Like After The Virus Peaks©

TASA ID: 826

There is, we believe, a false expectation that after the virus peaks in a few weeks or days, that things will go back to normal.  That is most likely not the case.  In perhaps a year or longer, we should have a vaccine, which based upon our experiences with other viral vaccines may be partially effective against COVID-19 . Based upon the influenza vaccines, the effectiveness in preventing an infection is between 23% and 60% depending upon the virus and the vaccine. Essentially, entire countries will have to be immunized.  The alternative is that enough of us get the virus so that our society develops the “herd immunity.”  We also don’t know how effective or long-lasting that vaccine will be.  It is possible that the treatment could provide life-long immunity, but the prospects for that are, at this point, unknown, and probably very low- based upon the experience with influenza.

To read the full article, download the PDF below. 


 

 

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