Sommers Schwartz, P.C.

Michigan Attorneys at Law

Archives for May 2014

Sixth Circuit Greenlights Lawsuits against Blue Cross Blue Shield of Michigan for Hidden Fees

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As described in a prior blog post, dozens of employers have sued Blue Cross Blue Shield of Michigan (BCBSM) over allegations that it breached its fiduciary duty as health plan administrator by failing to disclose fees and surcharges it reimbursed itself from billed claims.  As reported in Crain’s Detroit Business, a recent decision from the… Read More

Sommers Schwartz Obtains Nationwide Class Certification for Thousands of TMX Finance and TitleMax Employees

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In August 2013, Sommers Schwartz initiated a lawsuit against TMX Finance, LLC and TitleMax of Illinois, Inc. on behalf of current and former General Managers in Training (“GMITs”) who claim the company failed to pay them overtime compensation under the Fair Labor Standards Act and various state laws.  As alleged in the Complaint, the companies required… Read More

Michigan’s Whistleblower Act Doesn’t Protect Prospective Employees or Employees Whose Contracts Are Not Renewed

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A recent decision from the Michigan Supreme Court determined that the state’s Whistleblowers’ Protection Act (WPA) only affords protection to individuals who are actual employees and not prospective employees or contractual employees whose contracts are not renewed. In Wurtz v. Beecher Metropolitan District, the subject of a Wolters Kluwer Employment Law Daily article, the plaintiff… Read More

Update on Stryker Rejuvenate and ABG II Hip Implant Litigation

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Sommers Schwartz continues to fight on behalf of patients injured as the result of defective hip replacement devices manufactured by Stryker Corporation and marketed under the brand names Rejuvenate and ABG II. Attorney Rob Sickels, himself a double hip implant recipient, recently filed a petition with the Michigan Supreme Court seeking to transfer all current… Read More

Recalls of Medical Devices Double over Ten-Year Period

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According to a recently released study from the U.S. Food & Drug Administration, the number of product recalls involving defective medical devices nearly doubled between 2003 and 2012. Perhaps more alarming is the fact that Class I recalls (where a purported product defect has a reasonable probability of death) rose 800%. There is speculation that… Read More

Sommers Schwartz’s Robert Sickels Obtains $1.6 Million Verdict for Plaintiff Whose Doctor Failed to Prevent Her Heart Attack

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On April 25, 2014, Sommers Schwartz attorney Robert Sickels obtained a $1.6 million verdict in Saginaw County, Michigan Circuit Court for a woman whose family medicine physician failed to properly treat her coronary artery disease. When the plaintiff began treating with the doctor in 2007, she already had a history of hypertension and hyperlipidemia.  At… Read More