Politics, not Lawsuits, Tap Out Wisconsin Medical Malpractice Fund

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Posted on 31st March 2010 by Gordon Johnson in Uncategorized

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In a classic example of how the news media gets played on tort reform is the story in the Milwaukee Journal Sentinel about how Wisconsin’s medical malpractice fund had negative assets for the past two fiscal years. The culprit wasn’t big jury verdicts or trial lawyers. The problem happened because of the exact opposite. The fund had paid out so much less than it had charged doctors and hospitals in premiums, that it was an easy target for funds when the Wisconsin state government was nearly broke a year ago. The governor and lawmakers tapped into it for $200 million to help balance the state budget, an audit has found. http://www.jsonline.com/news/statepolitics/89515217.html

The dismal economy (not large malpractice claims against the fund) have also helped to deplete it, according to a story Tuesday on the new audit by the Milwaukee Journal Sentinel. To blame this shortfall on big claims is absurd. The reason the fund is there is because there could be people with very serious injuries caused by doctor’s neglect who need to be compensated. If those claims had been so “huge” then how did the fund get a $200 million surplus?

The Legislative Bureau Audit said that Gov. Jim Doyle and the Legislature took $200 million from the Injured Patients and Families Compensation Fund in 2007 to help balance the state budget. At the time, the justification was that the fund had a surplus and could afford the withdrawal, but the fund hasn’t performed well since then.

The fund had a net balance of minus-$109 million as of June last year, because reimbursements to injured patients were greater than cash in the fund, according to the audit. In the prior year, the fund’s balance was minus-$61.5 million. Insurers, which this fund is, must keep substantial reserves, just like a gambling house, because you are going to have bad days, day years.

Frankly, the story is nothing but tempest in a teapot. The Wisconsin government is short of cash because the real estate market and economy crashed. Foreclosures mean people don’t pay their property taxes. Unemployment means people don’t pay state income taxes. That the Wisconsin government found a source for funds when it needed it most, doesn’t threaten the practice of medicine in Wisconsin. It certainly is no grounds to fundamentally change how victims of doctors mistakes and wrongdoing are compensated.

Victims’ Group Criticizes Rome For Handling of Wisconsin Abuse Scandal

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Posted on 30th March 2010 by Gordon Johnson in Uncategorized

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The group in Milwaukee called the Survivors Network of Those Abused by Priests, SNAP, has blasted the Vatican for accusing the press of conducting a witch hunt against Pope Benedict XVI. http://www.greenbaypressgazette.com/article/20100329/GPG0101/100329082/1978 In a press release, SNAP charged that Vatican officials in Rome during the past few days had publicly insulted victims who had been sexually molested by pedophile priests. There has been a flurry of new stories about the Vatican’s hiding, and alleged cover-up, of a case involving the Rev. Lawrence Murphy, who supposedly admitted to sexually assaulting 200 boys at a school for the deaf in St. Francis, Wis. SNAP was apparently appalled by a story in a Vatican newspaper that said there was a “clear and despicable intention to” to attack the pope “at any cost.” A Vatican office, lead by then-Cardinal Joseph Ratzinge, now the pope, stopped a church trial of Father Murphy, who was then transferred to a diocese in northern Wisconsin.

Wisconsin Reacts To Times Story on Milwaukee’s Pedophile Priest

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Posted on 26th March 2010 by Gordon Johnson in Uncategorized

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Victims and victims’ rights groups for those abused by priests Thursday basically said “I told you so” as the chilling story of how a Milwaukee priest molested deaf boys for decades emerged.

Details revealing why the Rev. Lawrence Murphy priest was never defrocked, or prosecuted, for molesting 200 boys in a deaf school sparked an angry reaction in Wisconsin.

On Thursday the Survivors Network of those Abused by Priests held a press conference about Father Murphy right outside the Archdiocese of Milwaukee’s headquarters. http://www.jsonline.com/features/religion/89121802.html

“We are finally able to get this where we believe it belongs, and that’s at the Vatican’s doorstep,” Mark Salmon, part of the survivor’s group, said.

On Thursday The New York Times, using formerly secret church documents, published a lengthy story about how Father Murphy, a teacher at St. John’s School for the Deaf in St. Francis, sexually abused an estimated 200 boys during his 25-year tenure at the school.

The story said that then Milwaukee Archbishop Rembert Weakland wrote then-Cardinal Joseph Ratzinger, who is now Pope Benedict XVI, about disciplining Father Murphy in 1996.

Secret church proceedings were initiated against Father Murphy in Milwaukee, but the Vatican called them after the pedophile priest wrote Ratzinger, pleading that he was sick, old and just wanted to live out the rest of his life in peace.

Murphy, who died in 1998, not only was never disciplined, he was transferred to work at the Superior Diocese in northern Wisconsin.

Vatican officials Thursday defended their decision not to defrock Murphy.

Some of Father Murphy’s alleged victims have filed civil suits against the Milwaukee Diocese, which Thursday issued an apology for the priest’s actions.

“Murphy’s actions were criminal and we sincerely apologize to those who have been harmed,” the statement said.

In total, there are 11 civil fraud cases involving 17 victims, including at least one involving Murphy, pending against the Archdiocese of Milwaukee, according to the Milwaukee Jounral Sentinel.

The Milwaukee Archdiocese as of last year had shelled out $28 million to settle cases involving sexual abuse by priests.

http://www.nj.com/newsflash/index.ssf?/base/national-38/1269594414212730.xml&storylist=new_topstories

On Thursday one of the victims who settled his suit for $80,000, told a horrific story to the Associated Press about how he had been molested by Father Murphy when he was 12. That victim, 61-year-old Arthur Budinski, was first assaulted when he asked the pedophile priest to hear his confession. Instead, Father Murphy took him into a closet and molested him.

Pedophile Priest Scandal Reaches From Milwaukee to the Vatican

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Posted on 25th March 2010 by Gordon Johnson in Uncategorized

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The disgraceful saga of Roman Catholic priests molesting boys never seems to end, with the latest chapter coming out of Milwaukee – and involving Pope Benedict XVI.

The New York Times has a front page story Thursday, headlined “Vatican Declined to Defrock U.S. Priest Who Abused Deaf Boys,” which is about the Wisconsin case of the Rev. Lawrence Murphy. http://www.nytimes.com/2010/03/25/world/europe/25vatican.html?hp

Father Murphy worked at St. John’s School for the Deaf in St. Francis, a well-respected school for the deaf, from 1950 to 1974. During that period, he molested as many as 200 boys.

Bishops from the United States, including Wisconsin, had sent Vatican officials, including the future pope and then Cardinal Joseph Ratzinger, had asked Rome to take action on Father Murphy, according to church documents that surfaced as part of a lawsuit.

But it appears that avoiding a public scandal, not defrocking a pedophile priest, was the Vatican’s priority.

In 1996 Milwaukee Archbishop Rembert Weakland wrote Cardinal Ratzinger two letters about Father Murphy, but never got a response from him. Eventually, the Vatican did tell the Wisconsin bishops to initiate secret internal proceedings against the priest.

But those were suspended after Father Murphy wrote Cardinal Ratzinger, pleading that he had repented, was sick and that his case was outside of the Church’s statute of limitations, The Times reported. Father Murphy, still a priest, died in 1998.

The newspaper got access to the Church documents from lawyers Jeff Anderson and Mike Finnegan, who represent five men who have filed four suits against the Archdiocese of Milwaukee.

Not only was Father Murphy spared a punishment by the Church, but according to documents police and prosecutors never acted on allegations brought by his victims.

Father Murphy was sent to Diocese of Superior in northern Wisconsin, moved by Archbishop William Cousins of Milwaukee. He spent 24 years in upper Wisconsin, working with children during that span.

There had been many complaints about Father Murphy in Milwaukee, so much so that Archbishop Weakland in 1993 had him evaluated by a specialist in sexual offenders. That social worker reported that the priest had admitted sexually abusing about 200 boys, and that he was remorseless.

Still, Archbishop didn’t move to have Father Murphy defrocked until 1996, and failed.

Two Drivers Killed In Separate Alcohol-Related Car Crashes in Wisconsin

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Posted on 1st March 2010 by Gordon Johnson in Uncategorized

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An Illinois man was killed Sunday in a car accident not far from the University of Wisconsin campus in Madison, according to the Milwaukee Journal Sentinel.
http://www.jsonline.com/news/crime/85774507.html

Darrell Pantazes, 51, of Skokie, Ill., died when his car crashed into another vehicle, mowed down a light pole and then hit a building on University Avenue.

In a second accident this past weekend, Brandon Cooper, 21, of Stroughton, Wis., was killed when he went off the road and hit a tree in Dunn.

Cooper was dead at the scene of his accident, while Pantazes was pronounced dead at the University of Wisconsin Emergency Room.

Authorities blamed alcohol for playing a part in the two unrelated fatal crashes.

In a press release, the University of Wisconsin-Madison police department said that it tried to stop Pantazes’s car at just after midnight Sunday when they spotted him driving the wrong way on W. Johnson Street.

But Pantazes kept going, still moving in the wrong direction, when it hit a light pole and then flew up, crashing into a building.

Wisconsin Supreme Court May Rule On Paid-Sick-Day Ordinance

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Posted on 20th February 2010 by Gordon Johnson in Uncategorized

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The Wisconsin Supreme Court will be considering whether to rule on an appeal of Milwaukee’s paid-sick-day ordinance.
http://www.jsonline.com/news/milwaukee/84754612.html

The District 4 Court of Appeals Thursday requested that the state’s highest court to handle the appeal, because of its importance. The Supreme Court will have to decide whether it wants to look at the case.

The Metropolitan Milwaukee Association of Commerce has challenged a city ordinance that mandates that workers receive paid sick days. The MMAC maintains that will make the city less competitive and stifle jobs.

Laws on paid sick days are also being considered in New York City and Tacoma, Wash.

The Wisconsin Coalition Against Domestic Violence and the Wisconsin Democracy Campaign both both support of the Milwaukee ordinance.

The obvious issue in this case is whether a local common counsel has the power to make such a broad reaching economic rule. Local governments can only make laws which they are “enabled” to make by state legislature. I am guessing that Wisconsin laws do not give the Milwaukee Common Council this power. This kind of rule must come from the State Legislature, and even then, it might be subject to a claim that as it effects Interstate Commerce, it must come from the United States Congress.

Wisconsin Lawmaker, With Three DUI Arrests Under His Belt, Mounts Legal Challenge of Legislature’s Bid To Oust Him

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Posted on 17th February 2010 by Gordon Johnson in Uncategorized

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We’d like to think that three arrests for driving while under the influence would perhaps not be the best credentials for an elected official. But Wisconsin Rep. Jeff Wood, (I-Chippewa Falls), begs to differ.

Woods, who faces expulsion from the Wisconsin Legislature, is not going away quietly. He is raising legal issues, “detailed procedural questions,” as the Milwaukee Journal Sentinel put it, about his possible ouster.

http://www.jsonline.com/news/statepolitics/84362307.html

Wood’s attorney is arguing that the Assembly’s guidelines on how such expulsions should be handled are shaky at best. The lawyer seem to be hanging his hat on this argument: that Wood shouldn’t be punished by his fellow legislators for actions he took outside the Capitol that has nothing to do with his post as a lawmaker.

Under that reasoning, we suppose if Wood could have committed any crime and still be entitled to his seat in the Assembly.

Wood’s rap sheet is pretty long. Last year he was charged with: drunken driving, and marijuana and drug paraphernalia possession in Columbia Country; driving under the influence of drugs in Marathon County; and driving under the influence of drug and jumping bail in Monroe County.

Wood has resolved one of those cases, according to the Journal Sentinel. In a plea-bargain deal in Columbia County, Wood will plead no-contest to third-offense drunken driving charges. The marijuana and paraphernalia charges will be dismissed.

Under the plea, Wood could get 30 days to a year in jail, and be fined $600 to $2,000.

Those incidents were not Wood’s first run-ins with the law. In the early 1990s, Wood had two drunken driving convictions.

A special ethics committee will discuss Wood’s case at a hearing Wednesday.

From our perspective, drunk driving is a terribly serious offense. The first step towards injury prevention is to avoid accidents. Little increases the risk of an accident more than mixing alcohol and driving. Enough said.

Plane Makes Emergency Landing in South Wisconsin, Pilot Walks Away From Crash

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Posted on 16th February 2010 by Gordon Johnson in Uncategorized

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A plane had to make an emergency landing in a corn field in southern Wisconsin Saturday when its engine cut out.

http://www.jsonline.com/news/wisconsin/84354752.html

The pilot made the landing in Bloomfield in Walworth County after his engine plane’s engine conked out. He was flying to Aurora, Ill.

The pilot was taken to a Burlington hospital, but he reportedly didn’t suffer any major injuries. But the plane is a loss, sustaining major damage.

Investigators were set to visit the crash site Sunday night.

No Pet Projects in Stimulus Bill

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Posted on 26th December 2008 by Gordon Johnson in Uncategorized

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I guess we at the Brain Injury Law Group think animal rights and rescue a little too much, because when I read the above headline, I thought it meant that Biden was saying no new laws with respect to animal rights issues. But after watching Oshkosh pass an anti-Pit Bull ordinance last week and then seeing Biden adopting another shelter dog on the news today, it was a natural mistake.

Maybe we need the new Administration to have some “pet” projects. No breed specific legislation, more money towards spaying and neutering dogs, more strenuous regulation of puppy mills and assuring that people’s pets are seen as truly part of their family. After a pet friendly Christmas Eve, it is hard to imagine life without our furry friends.

Attorney Gordon Johnson
http://wis-law.com
http://tbilaw.com
http://gordonjohnson.com
http://thelegaltimes.net

Date: 12/23/2008 4:35 PM

BC-Biden-Stimulus,3rd Ld-Writethru/648
Eds: ADDS detail on Reid. Moving on general news and financial services.
Biden nixes idea of pet projects in stimulus bill
By JENNIFER LOVEN
AP White House Correspondent


WASHINGTON (AP) — Vice President-elect Joe Biden said Tuesday that people expecting a bounty of pet projects in a new, massive multibillion-dollar economic stimulus plan should think again.

“It’s important for the American taxpayer to know that this is not going to be politics as usual and we will not tolerate business as usual in Washington,” Biden said at the start of a meeting of Obama’s top economic staff at transition headquarters.

“I know it’s Christmas, and I know it’s the Christmas season,” he said, “but President-elect Obama and I are absolutely, absolutely determined that this economic recovery plan will not become a Christmas tree.”

Biden said “there will be no earmarks” in the proposal — referring to the sort of special-interest projects that members of Congress often attach to various pieces of legislation.

The goal had been for the incoming White House and the Democratic-controlled Congress to devise the broad outlines of a plan by Christmas. The negotiators are on a tight schedule, as Obama and congressional leaders want to have lawmakers act on the plan in early January, so that it is ready to be put into place as soon as possible after Obama takes office on Jan. 20.

But when asked whether a broad outline was ready, Biden replied: “We’re not prepared to tell you at this moment that that’s been done.”

Among the details still being polished, he said, are total spending figures — expected to range between at least $650 billion and perhaps as much as $850 billion — as well as where it will go. Biden said the sides are very close.

“There is overall agreement on both right now, that we’re getting down to a specific number and the nature of the investments we’re going to be making,” he said.

The plan is expected to significantly increase federal spending on health care, education, infrastructure like roads and bridges, aid to states, and energy. Ideas include weatherizing 1 million homes, shifting to a paperless health system, investing in disease prevention and modernizing schools.

“As our economy worsens, the need for a bold economic recovery grows every day,” the vice president-elect said.

The recession already is the longest since the 1981-1982 slump, which lasted 16 months. Former Treasury Secretary Larry Summers, who will chair Obama’s National Economic Council, predicted that “without substantial policy action” the nation would almost certainly face the most severe economic downturn since World War II.

The meeting was scheduled to keep Obama’s economic revival efforts on the front burner even while the president-elect and his family are on an extended vacation in Hawaii, and while an announcement on the actual package is some time off. The meeting was chaired by Biden in Obama’s absence, and included Summers as well as Obama domestic policy adviser Melody Barnes, along with Carol Browner, who will head a new White House office on energy, and other incoming aides.

A chief focus was the message that the Obama administration promises to be a careful steward of the money.

Biden and Summers stressed that the money will be spent only on worthwhile efforts: to create jobs in the short-term but also to lay the groundwork for future prosperity.

Biden said that “every dollar will be watched” to see it is spent effectively, that only what is needed to turn the economy around will be spent “and no more” and that “make-work” projects will not be allowed.

Also Tuesday, Senate Majority Leader Harry Reid, D-Nev., held a conference call with Democratic governors on the need for the package to include relief for cash-strapped state budgets. Those on the call included the governors of Michigan, New Jersey, Wisconsin and Massachusetts, said Jim Manley, a spokesman for Reid.

Copyright 2008 The Associated Press.

Plea deal reached in Wis. homicide-torture case

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Posted on 8th August 2008 by Gordon Johnson in Uncategorized

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Date: 8/6/2008 10:17 PM

By SCOTT BAUER
Associated Press Writer

PORTAGE, Wis. (AP) _ A man charged with killing a woman and torturing her young son as he led a gang of violent identity thieves entered into a plea agreement Wednesday that could keep him behind bars for the rest of his life.

Michael Sisk, 26, faces up to 136 years and three months in prison, but will be sentenced to less than the maximum with extended supervision under a state sentencing provision. To a count of second-degree reckless homicide he entered an Alford plea, which means he did not admit guilt but said the prosecution has enough evidence to obtain a conviction. He pleaded guilty or no contest to nine other counts.

Sisk’s attorney, Ronald Benavides, said the plea deal arose after a Wednesday afternoon hearing on a series of motions filed in advance of Sisk’s trial, which was to have started Monday.

Prosecutors say Sisk killed Tammie Garlin, 36, who was found buried outside the house Sisk and others rented in Portage, a sleepy town of about 9,700 in south-central Wisconsin.

A message left after office hours with Columbia County District Attorney Jane Kohlwey was not immediately returned.

Investigators believe Sisk and his gang, including Garlin, crisscrossed the country with their young children, stealing people’s identities and running small-time scams.

Police looking for the 2-year-old daughter of gang member Candace Clarke, kidnapped from her Florida foster parents, tracked the gang to the rental house where Garlin’s body was found in a shallow backyard grave in June 2007.

They found the kidnapped girl, and found Garlin’s son — then 11 — in the closet streaked with blood.

According to a criminal complaint, the boy told detectives that everyone in the gang, including his sister and mother, burned him with hot water and whipped him with an extension cord as punishment. Sisk beat him with a board with a nail in it, he said.

The case spurred an outpouring of sympathy for the boy across the country and forced the Florida Department of Children and Families to reform its system and assign specific workers to track missing children.

Sisk, Clarke, 24, gang member Michaela Clerc, 22, and Garlin’s now-16-year-old daughter were charged with a host of counts, including being a party to child abuse and first-degree intentional homicide. Clarke and Clerc struck plea deals over the past year, and the teen’s case has been moved into juvenile court.

Patti Seger, executive director of the Wisconsin Coalition Against Domestic Violence, called the case sad.

“You just don’t hear about this combination of folks all traveling together with kids where everybody is sort of participating in abusing each other,” Seger said. “Somebody killed that woman and somebody hurt that little boy.”

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Associated Press writer Todd Richmond contributed to this story.

Copyright 2008 The Associated Press.