Red Bluff Daily News

October 23, 2014

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Cox: Raymond Roy Cox, 90, of Paskenta died Tuesday, Oct. 21 at Brentwood Skilled Nursing and Rehab in Red Bluff. Arrangements are under the direction of Hall Brothers Corning Mortuary. Published Thursday, Oct. 23, 2014 in the Daily News, Red Bluff, Calif. Petersheim: Jere W. Pe- tersheim, 66, of Cottonwood died Saturday, Oct. 18 at his home. Arrangements are under the direction of Red Bluff Simple Cremations & Burial Service. Published Thursday, Oct. 23, 2014 in the Daily News, Red Bluff, Calif. Deathnoticesmustbepro- vided by mortuaries to the news department, are published at no charge, and feature only specific basic information about the deceased. Paid obitu- aries are placed through the Classified advertising department. Paid obituar- ies may be placed by mor- tuaries or by families of the deceased and include online publication linked to the newspaper's website. Paid obituaries may be of any length, may run mul- tiple days and offer wide latitude of content, includ- ing photos. DEATHNOTICES The Associated Press ASHLAND, ORE. Some shoppers at an Oregon drug store got a surprise when they saw a bear cub scurrying down the aisles. Witnesses say the cub first showed up Sunday at a nearby hotel, hopped out a window and crossed the street to the Rite Aid in Ashland, a city just north of the California border. KGW reports (http://bit. ly/1otF4Ry ) that custom- ers took photos and video until police arrived and scooped the little bear into a shopping basket. Video shows an officer approach- ing the cub, and it dashing the other direction. Oregon wildlife officials are holding the cub until it can be moved to a rehab center or a zoo. There was no sign of its mother. Authorities say the cub cannot be returned to the wild because it had con- tact with people. Information from: KGW- TV, http://www.kgw.com/ SHOPPING Bearcubstrolls through Oregon drug store By Don Thompson The Associated Press SACRAMENTO California officials agreed Wednesday to end a policy in which it segregated prison inmates after riots based on their race as a way of prevent- ing further violence. Officers have frequently locked inmates in their cells based on which races were involved in the riot, even if individual inmates of that race were not di- rectly implicated. The 21-page settlement of a lawsuit first filed in 2008 says future lock- downs may not be im- posed or lifted based on race or ethnicity. Instead, officers can lock down every inmate in an affected area or lock down individual in- mates suspected of being involved in the incident or the gangs that were in- volved. The Department of Cor- rections and Rehabilita- tion also agreed to provide inmates with chances for outdoor exercise any time a lockdown lasts longer than 14 days. The agreement with at- torneys representing in- mates came after the U.S. Justice Department said in a non-binding court fil- ing last year that the old policy violated the 14th Amendment, which re- quires equal protection under the law. State officials did not acknowledge any viola- tion of inmates' constitu- tional rights as part of the agreement. "We see this as a tre- mendous result," Rebekah Evenson, an attorney with the nonprofit Berkeley- based Prison Law Office, said in an email. Corrections officials did not immediately com- ment. The class-action settle- ment has not been filed with the federal court in Sacramento, nor has a fed- eral judge agreed to its terms. A copy of the set- tlement was obtained by The Associated Press. CALIFORNIA CORRECTIONS Offi ci al s ab ol is h race policy in state prison By Judy Lin The Associated Press SACRAMENTO Bob Pack wanted to go after the HMO doctors for recklessly prescribing painkillers to a drug-abusing nanny who ran over his 10-year-old son and 7-year-old daughter as they were heading for ice cream one early fall eve- ning in 2003. But under California's 1970s-era medical mal- practice law there was a $250,000 cap on pain and suffering. Instead of pursu- ing a case because of the cap, he settled so he could care for his wife, who lost the twins she was carrying in the crash. "It would have been too difficult to tackle a private trial," he said. A November ballot ini- tiative named after his children — Troy and Alana — seeks to raise the cap to $1.1 million. The campaign has prompted a ferocious fight between doctors and attorneys over the rights of injured patients with more than $102 million spent in one of the state's most ex- pensive ballot initiatives. The campaign, which ex- ceeds the most competitive U.S. Senate races this year, underscores the effect that reforms passed in Califor- nia have on the rest of the nation. The 1975 malprac- tice law was the first in the nation, paved the way for roughly 30 states to adopt some limits on medical malpractice payouts and used as a template for na- tional proposals. More than $93 million has been raised by Propo- sition 46 opponents, while backers have raised at least $9.1 million, as of Wednes- day. Trial lawyers and patient advocates say the malprac- tice law is long past due for an update. They say victims of medical negli- gence have trouble find- ing lawyers willing to take their cases and those who do discover that California has one of the nation's most restrictive payouts. Doctors, hospitals and medical liability insurers say raising the cap would drive up medical costs, force doctors out of state and reduce access to med- ical care. They say it would add uncertainty to the health care system. Gov. Jerry Brown signed the bill that created the cap during his first term in of- fice. It was a time of sky- rocketing malpractice in- surance costs that forced physicians to retire early or leave California. The law made Califor- nia rates among the low- est in the nation today. Ac- cording to the California Medical Association, the average doctor in the state paid $26,511 last year in premiums compared to $99,290 in Connecticut and $137,412 in New York, two states without caps. Under Proposition 46, the new limit would raise the cap to amount that it would have been if kept pace with inflation. The measure also requires doc- tors to submit to random drug and alcohol tests and require doctors to check a statewide database before prescribing drugs in an attempt to curb pill shop- ping. President George W. Bush proposed a national cap of $250,000 in 2005 to stop huge damage awards as a way to reduce overall health care spending. Dem- ocrats said ceilings would simply shield bad doctors. In 2009, the Congres- sional Budget Office con- cluded that limiting liabil- ity would lead to savings of 0.5 percent to 1 percent on health care spending, a negligible amount because so many states already have caps. In California, the non- partisan Legislative Ana- lyst's Office projects that Proposition 46 would in- crease overall health care spending by 0.1 percent to 0.5 percent if voters ap- prove it Nov. 4. About 30 states have some kind of limit on the amount of damages a jury can award to patients for medical mistakes, accord- ing to the National Confer- ence of State Legislatures. Most of the restrictions are from $250,000 to $500,000 for pain and suffering. In recent years, the land- scape on medical liabil- ity has shifted as courts have ruled caps unconsti- tutional. Florida, for ex- ample, has joined Georgia and Illinois in overturn- ing their caps. Other caps, including California, have been upheld. Since Texas set a limit at $750,000 in 2003, more doctors are practicing in emergency rooms and the state is attracting doctors from states without caps, said Jon Opelt, executive director for Texas Alliance For Patient Access, which represents health provid- ers. Bernard Black, a law and business professor at Northwestern Univer- sity who has tracked caps, said limits have benefited doctors. But for patients, health care costs tend to go up and quality tends goes down. Dr. Richard Thorp, a general internist who has practiced medicine for 37 years and is president of the California Medical As- sociation, said the amount is never enough for Propo- sition 46 proponents. "As a society," he said, "we have to decide: What is a reasonable number to compensate someone for an adverse event and still be able to provide health care to the rest of society?" 1970S-ERA LAW California malpractice cap generates big spending RICHPEDRONCELLI—APPHOTO Dr. Richard Thorp said the current $250,000cap on pain and suffering in medical liability lawsuits is a good balance between fair compensation for victims and allowing doctors to keeping practicing. The Associated Press CAPITOLA Bryan Stow, the San Francisco Giants fan who suffered a trau- matic brain injury in a 2011 beating by two Los Ange- les Dodgers fans, is crack- ing jokes, fist-bumping and hoping to one day discard his walker and run on his own. His remarkable progress was displayed Tuesday dur- ing an interview with ESPN at his parents' home, where the family watched Game 1 of the World Series between the Giants and Kansas City Royals. The Giants won, 7-1. During an interview nine months after the attack, Stow had trouble smiling and holding a simple con- versation, and appeared to struggle to raise his arms and hands. In the latest interview, he made faces for the cam- era, joked about the Gi- ants' margin of victory in Game 1, gave a thumbs-up sign and showed off a ball signed by San Francisco slugger Will Clark. He used a walker but moved without assistance. Stow, 45, said he is happy to be alive. "Waking up every morn- ing knowing I'm here. This place makes me feel good," he said. Still, he's not satisfied with his progress. "I want to run. I want to walk, like a normal person," he said. Stow was wearing his Gi- ants jersey when he was at- tacked by the Dodger fans in a parking lot of Dodger Stadium on March 31, 2011. He won a $14 million law- suit against the Dodgers in July, but his attorney sued the team again last month, claiming it's trying to re- coup $3.4 million in insur- ance payments from Stow for his medical care. Joe Jareck, a Dodgers spokesman, did not imme- diately return a call seeking comment Wednesday. Stow was in the court- room for part of the trial, his wheelchair positioned front and center so jurors could see the huge, deep scars on his head, the re- sult of his skull being tem- porarily removed as doctors worked to save his life. At the trial, experts tes- tified that the former para- medic would never work again and has suffered re- peated strokes and seizures. They said he would require around-the-clock care. Stow, a father of two, has moved in with his par- ents after leaving a rehabil- itation facility. His father, Dave Stow, said the family is surprised by the progress. "We didn't think he would be this mobile or vocal. He can sit and have dinners with us. He's very funny," the elder Stow said. Bryan Stow said he re- members going to watch the Giants play. According to his parents, though, he doesn't remember the at- tack. His parents say they have re-created a memory of it at his request. Stow said had he known he was being attacked, he would have turned to see his assailant running at him, ready to "clock my block." Louie Sanchez and Mar- vin Norwood pleaded guilty in the attack. Sanchez was sentenced to eight years in prison, while Norwood re- ceived a four-year sentence. Stow shows significant progress JOHN STOW — THE ASSOCIATED PRESS FILE Stow hugs his 12-year-old son and 8-year-old daughter. He spoke to ESPN on Tuesday from his parents' home in the Northern California city of Capitola, where he watched Game 1of the World Series between the Giants and Kansas City Royals. AL SEI — LOS ANGELES TIMES A wheelchair-bound Bryan Stow, assisted by a caregiver, is surrounded by family and media as he is led into the Los Angeles County Superior Courthouse in downtown Los Angeles. Stow who suffered a traumatic brain injury a er being beaten by two Dodger fans put up his hands and fingers, fist bumped his mom and talked about his goals in a new interview three years a er the attack outside Dodger Stadium. GIANTS FAN "We see this as a tremendous result." — Rebekah Evenson, attorney with the nonprofit Berkeley-based Prison Law Office THURSDAY, OCTOBER 23, 2014 REDBLUFFDAILYNEWS.COM |NEWS | 5 A

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