Posts Tagged ‘court’
Posted by Warm Southern Breeze on Friday, February 22, 2013
Realistically, what does that mean for you, your loved ones or friends if – God forbid – they’re hospitalized at Huntsville Hospital?
It means that when you, your loved ones’ or friends’ are a patient in the hospital, you or they could get an infection, or some other serious bug or problem while being treated for something else entirely different. And by so doing, it could make your stay more unpleasant, and in fact, could increase the risk of complications of your treatment – up to, and including your death – was well as increase the length of your stay, among other factors.
What does that mean for the Hospital?
Because insurance companies and Medicare/Medicaid have STOPPED paying for the treatment of preventable problems that are a direct result of hospitalization, it means that Huntsville Hospital will be stuck with the bill (the costs of treating their own mistakes upon you while you’re there)… and will try to pass the cost along to you to recoup the cost of the loss, which is a DIRECT result of their own sloppiness.
Huntsville Hospital has essentially become a monopolistic monstrosity of an enterprise, gobbling up numerous hospitals in the North Alabama region, including BOTH hospitals in Decatur, the only hospital in Athens, the only hospital in Red Bay, Helen Keller Hospital in Tuscumbia area of the Shoals, and the only hospital in Lawrence county.
Meanwhile, Huntsville hospital has fought tooth-and-nail to keep other hospitals OUT of competition in the Huntsville market, and spent untold millions of dollars in a protracted legal battle against Crestwood Hospital – and continues to spend millions to prevent Crestwood Hospital from offering services that would benefit the entire city and county.
Such anti-competitive practice has all been accomplished by and through the state of Alabama‘s Certificate Of Need Board.
The commentary of Mr. Burr Ingram – Huntsville Hospital’s official mouthpiece – which is contained in this article is entirely and wholly unwarranted, and weasel-like.
Not only that, but Huntsville Hospital is NOT a Nursing Magnet Hospital.
There are many things Huntsville Hospital is not.
And sadly, quality is one of them.
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Watchdog Report: Consumer Reports gives both hospitals in Huntsville low safety ratings
Published: Thursday, July 12, 2012, 9:06 AM Updated: Thursday, July 12, 2012, 9:30 AM
HUNTSVILLE, Alabama – Consumer Reports magazine ranked the two hospitals in Huntsville as the least safe in Alabama. But the magazine’s list of hospitals is far from complete.
“We were kind of perplexed at some of what it reported,” said Burr Ingram, spokesman at Huntsville Hospital. “When you think about it, it’s fashionable for everyone to rate hospitals. And Consumer Reports is the latest to use public data that is available.
“But at times, it’s difficult to know how these ratings come about.”

Huntsville Hospital, The Huntsville Times
The magazine’s August edition lists scores in four safety categories. Both Huntsville Hospital and Crestwood Medical Center received low marks for poor communication with patients and for high rates of infection. Both received mediocre marks for high rates of re-admission and unnecessary scans.
Yet the report ranked Read the rest of this entry »
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Posted in - My Hometown is the sweetest place I know, - Politics... that "dirty" little "game" that first begins in the home., - Read 'em and weep: The Daily News | Tagged: AL, Alabama, battle, Burr Ingram, CEO, Certificate of Need, CMS, CON, Consumer Reports, court, Crestwood, Crestwood Medical Center, David Spillers, disease, doctor, fight, greed, health, Health Reimbursement Account, healthcare, hospital, Huntsville, Huntsville Hospital, Huntsville Hospital System, Huntsville Times, infection, insurance, law, legal, liars, MD, Medicaid, Medicare, money, monopoly, news, Nurse, patient, physician, publicity, reimbursement, RN, sick, sickness, sicko, spokesman, state, United States, wellness | Leave a Comment »
Posted by Warm Southern Breeze on Sunday, September 23, 2012
“The signature of the Roberts Court has been its willingness, even its eagerness, to overturn the work of legislatures. Brandishing a novel interpretation of the Second Amendment, the Court has either struck down or raised questions about virtually every state and local gun-control law in the nation. In Citizens United v. Federal Election Commission, decided earlier this year, the Court gutted the McCain-Feingold campaign-finance law in service of a legal theory that contradicts about a century of law at the Court.”
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Precedent and Prologue
Comment
by Jeffrey Toobin, December 6, 2010

Bush v Gore was the beginning of Republicans’ use of Judicial Activism
Momentous Supreme Court cases tend to move quickly into the slipstream of the Court’s history. In the first ten years after Brown v. Board of Education, the 1954 decision that ended the doctrine of separate but equal in public education, the Justices cited the case more than twenty-five times. In the ten years after Roe v. Wade, the abortion-rights decision of 1973, there were more than sixty-five references to that landmark. This month marks ten years since the Court, by a vote of five-to-four, terminated the election of 2000 and delivered the Presidency to George W. Bush. Over that decade, the Justices have provided a verdict of sorts on Bush v. Gore by the number of times they have cited it: zero.
Both sides had their reasons for consigning the decision to history and leaving it there. In his concession speech on the day after the decision, Al Gore said simply, “It’s time for me to go.” He meant it, and he left politics for a life of entrepreneurship and good works. George W. Bush, for his part, found little reason to dwell on the controversial nature of his ascension to office, and in his memoir, “Decision Points,” he devotes less than a page to the Supreme Court decision. (“My first response was relief,” he writes of his reaction.) In public appearances, Antonin Scalia, a member of the majority in Bush v. Gore, regularly offers this message to people who question him about the decision: “Get over it!”
Even at the time, Bush v. Gore was treated as a kind of novelty item, a one-off decision that applied only to the peculiar facts then before the Justices. The majority itself seemed to want it that way. In the most famous sentence from the decision, the Justices wrote, “Our consideration is limited to the present circumstances, for the problem of equal protection in election processes generally presents many complexities.” (Unlike most weighty decisions, Bush v. Gore had no single author and was delineated “per curiam,” or by the Court, a designation the Justices usually reserve for minor cases.) In light of all these admonitions to leave the case be, might getting over it be the best advice?
Actually, no. To return briefly to the distant world of chads, hanging and otherwise, it’s worth recalling what Bush v. Gore was about. The pervasive uncertainty about the results of the election in Florida—at the time, Bush led by five hundred and thirty-seven votes out of nearly six million cast—prompted the Florida courts, interpreting Florida election law, to order a statewide recount of all undervotes and overvotes; that is, ballots that indicated no Presidential preference or more than one. (Chads were the tiny paper rectangles that voters were supposed to push through punch-card ballots.) That recount had already begun on Saturday, December 9th, when five Justices—Scalia, William H. Rehnquist, Sandra Day O’Connor, Anthony M. Kennedy, and Clarence Thomas—issued a stay, barring the Florida authorities from continuing their labors. Three days later, the same five issued the per-curiam decision that stopped the recount once and for all.
What made the decision in Bush v. Gore so startling was that it was the work of Justices who were considered, to greater or lesser extents, judicial conservatives. On many occasions, these Justices had said Read the rest of this entry »
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Posted in - Lost In Space: TOTALLY Discombobulated, - Politics... that "dirty" little "game" that first begins in the home. | Tagged: Activism, Al Gore, Antonin Scalia, Bush, Bush v Gore, court, courts, Florida, Florida Supreme Court, George W. Bush, Gore, Gore v Bush, GW Bush, judicial activism, Roberts Court, SCOTUS, Supreme Court | Leave a Comment »
Posted by Warm Southern Breeze on Wednesday, July 11, 2012
Why, why, WHY!?!
There’s nothing better to do with precious financial resources – especially in tough economic times?
Pay lawyers instead of using that same money to care for and treat patients, improve outcomes, and increase patient & staff satisfaction?
And what does that say about your concern for patients? Yeah… that’s right – you love wasting money on a court fight rather than using that money to heal people.
This problem exists precisely because of a Certificate of Need law in Alabama that specifically prohibits anyone from thinking about building, expanding or creating a healthcare treatment facility without first going to court.
I will say this, however – even with the CON law & board in place, there is no requirement for hospitals to sue each other over the matter. And yet, they do.
It’s time to eliminate the CON law and CON Board in Alabama.
—
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Posted in - Lost In Space: TOTALLY Discombobulated, - My Hometown is the sweetest place I know, - Politics... that "dirty" little "game" that first begins in the home. | Tagged: Alabama, American College of Cardiology, Angioplasty, Certificate of Need, CON, CON Board, corruption, court, Crestwood, Crestwood Medical Center, fight, hate, health, healthcare, hospital, Huntsville, Huntsville Hospital, Huntsville Hospital System, judge, law, legal, money, politics, war | Leave a Comment »
Posted by Warm Southern Breeze on Thursday, June 28, 2012

Ann Romney with her horse, Super Hit, in a 2006 photo. (Terri Miller/Handout)
Super Hit.
Who or what’s that?
Oh… just another dressage horse the Romney’s once owned – and tried to sell.
Selling horses is not illegal, immoral, or unethical.
However, to attempt to sell a horse that is so doped up in an effort to masquerade, conceal or hide a defective, sick, injured or wounded condition… well, now, that’s a horse of a different color.
Ann Romney was named as a defendant in such a case.
Here’s what Dr. Stephen Soule, DVM – an expert in equine podiatry – said of the horse Mrs. Romney was trying to sell:
“In my 38 years of practice, I have never come across a drug screen such as this where the horse has been administered so many different medications at the same time.”
This was not some long-ago issue, for the complaint was filed February 10, 2010 in California Superior Court, Ventura County, is case number 56-2010-00372707-CU-FR-SIM, and was set for trial September 12, 2011.
Here’s the nut of the case:
In 2010, a San Diego woman – Catherine Norris – sued Mrs. Romney, dressage trainer Jan Ebeling and his wife Amy for fraud, claiming that the severity of a foot defect in Super Hit, a dressage horse she purchased from Mrs. Romney for $125,000, was concealed.
The expert equine veterinarian, Dr. Stephen Soule, stated in the record that, “In my professional opinion, based on 38 years of experience in equine veterinary medicine and in conducting nearly 2000 pre-purchase examinations during this time, the HA-VETALOG injections to the left front coffin joint coupled with Super Hit’s inconsistent show record, decline in test scores, consistency in the remarks of different show judges on score sheets that Super Hit was “tense,” had “tension” and “tight” and “stiff,” and the fact that he was not shown for nearly 2½ years prior to the sale in February 2008, Super Hit was more likely than not chronically lame prior to Catherine Norris’ purchase in February 2008.”
A pre-purchase drug screen/toxicology study performed February 13, 2008 by Center for Tox Services, Inc. – an Arizona lab – on 6 blood collection tubes drawn from the horse Super Hit found Butorphanol (a synthetic opioid pain killer), Detomadine (a α2-adrenergic agonist, used as a sedative in horses), romifidine (another sedative mainly used on large animals such as horses), and xylazine (a medication used in horses for sedation, anesthesia, muscle relaxation, and pain relief) in the horse’s system.
Also named in the suit was Dr. Doug Herthen, DVM, the veterinarian who treated Super Hit, and who purposely failed to disclose the nature of his relationship with Ann Romney and Super Hit to the purchaser, Mrs. Norris. In his testimony, Dr. Soule wrote that, “The professional ethics standard in veterinary medicine is to disclose any implied, apparent, or actual conflicts of interest before agreeing to conduct the pre-purchase examination. In other words, there is no such thing as dual representation without disclosure. In my professional opinion, the failure of Doug Herthel to disclose to Catherine Norris his existing and/or prior professional relationship with the defendants Amy and Jan Eberling, prior to the pre-purchase examination, was a breach of his professional duties and ethics.”
For very nearly a decade, Mrs. Romney has held a financial and ownership stake in The Acres, a horse training ranch about 45 miles northwest of Los Angeles, which is also owned by Jan & Amy Eberling. Mr. Eberling is a dressage trainer from Germany. With the Romneys, the Eberlings own Rob Rom Enterprises LLC, a foreign corporation registered in Delaware, which buys and trains dressage horses.
Lifestyles of the Rich and Famous is nothing new for the Romneys, because in a 1994 interview with the Boston Globe while Mitt was campaigning for Massachusetts governor, Ann described their years as “struggling students,” saying that “neither one of us had a job, because Mitt had enough of an investment from stock [from his father] that we could sell off a little at a time.“
Yeah. That’s gotta’ be a struggle.
Of course, it goes without saying – but here it is, anyway – that, in an interview with Neal Cavuto of Fox News in March 2012, Ann Romney said, “I don’t even consider myself wealthy, which is an interesting thing.” Many people would probably find that interesting, too – particularly given that Mitt’s estimated wealth is in excess of $250 Million. Perhaps $100,000 horses are but chump change to that crowd.
The New York Times covered the issue with the following story, which also mentions the $77,000 tax deduction the Romneys took in 2010 for Rafalca, another of the Romneys’ expensive dressage horses.
Other newspapers covering the story included the Los Angeles Times, and the Washington Post. Because of the location of the case Read the rest of this entry »
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Posted in - Did they REALLY say that?, - Read 'em and weep: The Daily News | Tagged: animal abuse, animal cruelty, Ann Romney, business, California, California Superior Court, cheat, court, deceit, defraud, dope, doped horse, dressage, Drug test, Ebeling, equine, Expert witness, foreign corporation, fraud, fun, horse, horse training, investigation, law, law suit, lie, Los Angeles Times, Missouri Fox Trotter, money, money trail, New York Times, news, Olympic Games, pleasure, Robert Dover, Romney, San Diego, sport, steal, Stephen Soule, sue, testimony, United States, Veterinarian, veterinary medicine | 4 Comments »
Posted by Warm Southern Breeze on Thursday, May 24, 2012
As I’ve said before, some folks often say they want to “take America back.”
Problem is, they never tell you how far back they wanna’ go.
Before Civil Rights?
Before Suffrage?
While you may not be a religious person, there is a lesson in the Scripture that addresses “going back” – and we all know we CAN’T go back, it’s impossible.
The book of Ecclesiastes, chapter 7, verse 10 says, “Don’t ask, “Why were things better in the old days than they are now?” It isn’t wisdom that leads you to ask this!” (GWT)
We can’t go back in our childhood, we cant’ go back to yesterday, yesteryear or back in time in any way. We all move forward. We are meant for FORWARD travel. It should seem obvious from even natural observation.
That’s why we have eyes in the FRONT of our face, rather than in the rear.
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Retired federal judge blasts direction of U.S. Supreme Court
Published: Sunday, May 20, 2012, 5:45 PM
Updated: Monday, May 21, 2012, 7:05 AM
By Thomas Spencer — The Birmingham News
BIRMINGHAM, Alabama — Once a guardian of civil rights, the U.S. Supreme Court has been rolling back those protections, said retired U.S. District Judge U.W. Clemon this evening, delivering the keynote address at the 2012 Law Enforcement and Civil Rights Conference presented by the Federal Bureau of Investigation and the Birmingham Civil Rights Institute.
Clemon, who in 1980 became the first black federal judge in Alabama, said since the 1986 appointment of William Rehnquist as chief justice, Supreme Court rulings have gutted the core of landmark decisions such as Brown v. the Board of Education, the landmark ruling that declared school segregation to be illegal. The Voting Rights Act, Clemon said, “has almost been interpreted out of existence.
“With the rise of the Rehnquist court, our wall against the flood became the flood itself. We have seen, in the past quarter century, civil rights on the scaffold.”
The conference, Read the rest of this entry »
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Posted in - Did they REALLY say that?, - Read 'em and weep: The Daily News | Tagged: Birmingham Civil Rights Institute, Civil and political rights, Clemon, court, Ecclesiastes, Federal Bureau of Investigation, jurisprudence, law, SCOTUS, Special Agent, Supreme Court, Supreme Court of the United States, United States Supreme Court, Voting Rights Act, William Rehnquist, wisdom | Leave a Comment »
Posted by Warm Southern Breeze on Friday, November 5, 2010
Google rarely contacts Gmail users via email, but we are making an exception to let you know that we’ve reached a settlement in a lawsuit regarding Google Buzz (http://buzz.google.com), a service we launched within Gmail in February of this year.
Shortly after its launch, we heard from a number of people who were concerned about privacy. In addition, we were sued by a group of Buzz users and recently reached a settlement in this case.
The settlement acknowledges that we …Continue…
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Posted in - Read 'em and weep: The Daily News | Tagged: action, Buzz, class action, compensation, court, federal, Gmail, Google, judge, law, privacy, settlement, suit, violation | Leave a Comment »
Posted by Warm Southern Breeze on Wednesday, June 16, 2010
Honesty… is it ALWAYS the best policy?
Recently, I’ve found that some search engine terms which have led to my blog include this question “Why do you want to work at Huntsville Hospital“?
In Huntsville, Alabama – where I’ve resided for many years – there are ONLY TWO hospitals in town.
One, Huntsville Hospital, is a public not-for-profit, and the other, a much smaller Crestwood Medical Center, is a private, for-profit hospital.
Many of the professors and instructors at the Nursing School from which I graduated have privately expressed their frustrations to their students, and to me, about Huntsville Hospital’s virtual monopoly on the hospital-based healthcare delivery in Huntsville, AL.
Part of that problem stems in large part from Read the rest of this entry »
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Posted in - Did they REALLY say that?, - Lost In Space: TOTALLY Discombobulated | Tagged: Alabama, board, Certificate of Need, CON, CON Board, court, Crestwood, Crestwood Medical Center, dishonesty, Don Siegelman, fight, govermment, governor, health, healthcare, HealthSouth, honesty, hospital, Huntsville, Huntsville Alabama, Huntsville Hospital System, Huntsville Hosptial, idiocy, law, lawsuit, lawyers, money, Nursing, regulation, Richard Scrushy, school, stupidity, United States, work | 3 Comments »
Posted by Warm Southern Breeze on Monday, May 3, 2010
[Note: This entry was originally entitled "Privacy," and was transferred to this site, having previously been posted by me on Monday, May 3, 2010 at 2:57pm.]
“Privacy” is a relatively new term in American jurisprudence, and public dialogue. Former US Supreme Court Justice Hugo Black, an AL native, wrote against “privacy” in his dissent in Griswold v Connecticut.
The development of our right to privacy emerged, interestingly enough, from Griswold v Connecticut, a 1965 Supreme Court Case which challenged the state’s 1879 criminalizing of a married couple’s use of contraceptive devices. Appellants were the Read the rest of this entry »
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Posted in - Even MORE Uncategorized!, - Politics... that "dirty" little "game" that first begins in the home., - Transfer: How do we get THERE from HERE? (Add a 'T'.) | Tagged: health, legal, government, state, Alabama, healthcare, justice, law, prescription, rights, physician, SCOTUS, federal, history, wife, attorney, Constitution, court, Hugo Black, contraception, privacy, medical, behavior, First Amendment, husband, society, United States Constitution, unConstitutional, Griswold v Connecticut, United States Supreme Court, Potter Stewart, Franklin D. Roosevelt, Franklin Delano Roosevelt, jurisprudence, concept, idea, modern history, recent history, local, lawyer, family law, Planned Parenthood, constitutional, Founding Fathers, appellants | Leave a Comment »
Posted by Warm Southern Breeze on Wednesday, March 24, 2010
A preliminary hearing was held yesterday in Madison County, AL Circuit Court for UAHKiller Amy Bishop.
It only took Madison County District Attorney Rob Broussard 25 minutes …Continue to her execution…
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Posted in - My Hometown is the sweetest place I know, - Read 'em and weep: The Daily News | Tagged: "Just plead guilty - life without the possibility of parole - and get it over with.", Amy Bishop, bitch, county, court, courthouse, guilty, I'm Dr. Amy Bishop!, Madison, mean, prisoner, Prodigy Biosystems, UAHKiller | Leave a Comment »
Posted by Warm Southern Breeze on Thursday, March 18, 2010
“For a root of all the evils is the love of money, which certain longing for did go astray from the faith, and themselves did pierce through with many sorrows.” 1 Timothy 6:10 (YLT)
Wachovia Bank officials in Miami plead guilty to federal drug money laundering charges in Miami. As part of their agreement, the bank will forfeit $110,000,000 ($110 Million) and be fined $50,000,000 ($50 Million).
Federal prosecutors with the U.S. Attorney General’s Office, and Drug Enforcement Administration officials found detailed evidence supporting …Continue…
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Posted in - Read 'em and weep: The Daily News | Tagged: bank, court, criminal, criminal enterprise, DEA, drugs, federal, guilty, launder, laundering, law, law suit, liars, Mexico, Miami, money, narcotics, norck-trafficker, thief, thieves, traffick, USA, Wachovia, Wells Fargo | 2 Comments »
Posted by Warm Southern Breeze on Tuesday, March 16, 2010
When you sell a thing, you no longer own it.
Right?
Not so in the make-believe world of Wall Street!
In the make-believe world of Wall Street, when you sell a thing, you STILL own it!
Huh?
Well, Lehman Brothers “sold” $50 BILLION of their assets, but kept possession of them, and made it appear as if they no longer owned them. Normal folks would consider that fraud, or theft. So does a U.S. Federal Bankruptcy Examiner.
Financial regulators in the United Kingdom are investigating bankrupt American Lehman Brothers for hiding more than $50,000,000,000 ($50 BILLION) in their accounts, through criminal transactions nick-named “repo transactions.”
What could you do with an extra $200 or so? …Continue…
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Posted in - Lost In Space: TOTALLY Discombobulated, - Read 'em and weep: The Daily News | Tagged: "You give business a bad name.", accountants, assholes, bankers, bankruptcy, bastards, cheats, chiseler, court, criminals, Ernst & Young, federal, finance, financiers, fraud, greedy, hookwink, international, Lehman Brothers, liars, money, money grubbers, scumbags, swindler, theft, thieves, traders, U.K., U.S., UK, Wall Street | Leave a Comment »
Posted by Warm Southern Breeze on Thursday, March 11, 2010
For those “in the know,” “Sosumi” is the name of a computer sound which Apple Computer of Cupertino, CA created and has used for quite some time.
I love Apple Computer, well, not genuinely “love,” but have always believed them to be the best – bar none – computer operating system, superior in every way to Microsoft’s Windows OS. Folks used to say, “Oh, the Mac is good for graphics,” and other such nonsense, even when the Mac OS was in v7.x.
Today, I ask folks, “What’s the Internet all about?” Graphics, graphics, graphics, and media, media, media.
And still, some folks continue to use the infection-prone Windows. Oh well. Some folks never learn.
On to Sosumi.
If you’ve ever heard of the “Beatles,” (and who hasn’t?) you should be aware that …Continue…
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Posted in - Faith, Religion, Goodness - What is the Soul of a man?, - Read 'em and weep: The Daily News, - Uncategorized II | Tagged: "That sound you hear is your conscience calling.", "Today if you hear His voice do not harden your hearts and be stubbornly rebellious.", AL, Alabama, Apple, bankruptcy, bastards, battle, bay city, Beatles, CA, California, city, civil suit, cleric, computer, court, federal, fight, fools, graphics, greed, idiots, incompetent, Internet, John Donne, judge, law, liar, liars, Mac, Macintosh, media, Microsoft, Mobile, obligations, OS, pension, pensioner, poet, Prichard, reorganization, retirement, sosumi, sue | Leave a Comment »