Lowell Steiger's Los Angeles Law Blog

Woman Charged with Insurance Fraud for Second Time in Two Years

Commissioner Poizner Announces Bakersfield Woman Charged With Insurance Fraud For Second Time In Two Years

Commissioner Steve Poizner announced today that Shawn Rene Dodd, 43, of Bakersfield, was arrested on Wednesday, and charged with uncertified practice of medicine, making false or fraudulent insurance claims, money laundering, commission of a felony while on bail and selling stocks without a license.  Dodd's bail was set at $1,000,000. If convicted, she could face a maximum of nine years four months in prison for these charges.

"I will not tolerate those who abuse the insurance system to satisfy their own greed," said Commissioner Poizner. "CDI experts are quick to stop anyone who attempts to scam insurance companies and drive up the cost of insurance for all consumers."

Since her previous arrest in 2007, Dodd allegedly continued to operate medical corporations, which were used to fraudulently bill insurance carriers.  At one point, insurers were billed for medical services reportedly rendered when there were no doctors present. It is alleged that Dodd attempted to defraud insurance companies of at least $100,000. The California Department of Insurance and the Kern County District Attorney's Office jointly investigated this case.

Dodd allegedly operated these fraudulent companies while on $500,000 bail for previous felony charges.  In January 2007, Dodd was charged with felony insurance fraud, workers compensation insurance fraud, tax evasion and money laundering.  She was released from Kern County Jail and remained free on bail until her arrest on Wednesday. 

The Kern County District Attorney's Office is prosecuting this case.

Commissioner Poizner oversees sixteen CDI Enforcement Branch regional offices throughout the state.  Close to 1900 insurance fraud-related arrests have been made by the Department of Insurance's Enforcement Branch since Commissioner Poizner took office in 2007 - more arrests than have been made during any other two year period, under any previous insurance commissioner.    

More on Insurance Fraud

Big RIgging Lawsuit against Great American Insurance Company

Coalition Against Insurance Fraud - Fascinating site with latest news, articles and fraud related stories

What is Consumer Fraud? - California Department of Insurance

National Insurance Crime Bureau

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If you, or someone you know, has been injured in a motorcycle or automobile (or similar) accident, please call me, Lowell Steiger, immediately at

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"Treated With the Respect That You Deserve"

Testerone Gels: FDA Orders Label Warnings (Harmful to Children)

The Food and Drug Administration is requiring box warnings on two topical testosterone gels.  Click here for basic information on the male hormone, testosterone.  Here's the FDA report:

The U.S. Food and Drug Administration today announced that it is requiring manufacturers of two prescription topical testosterone gel products, AndroGel 1% and Testim 1%, to include a boxed warning on the products’ labels. The agency is requiring this action after receiving reports of adverse effects in children who were inadvertently exposed to testosterone through contact with another person being treated with these products (secondary exposure).

The gels are approved for use in men who either no longer produce testosterone or produce it in very low amounts. Both products are applied once daily, to the shoulders or upper arms. Only AndroGel 1% is approved for application to the abdomen. Precautions in the current labels instruct users to wash their hands after using the product and to cover the treated skin with clothing.

“These drugs are approved for an important medical need, but can have serious, unintended side effects if not used properly,” said Janet Woodcock, M.D., director of the FDA’s Center for Drug Evaluation and Research. “We must ensure that the adults using them are well-informed about the precautions needed to protect children from secondary exposure.”

In 2007, 1.4 million prescriptions for AndroGel—the most commonly dispensed gel form of testosterone—were dispensed by U.S. retail pharmacies. Approximately 25,000 of those were dispensed for off-label use in women. During the same period, some 370,000 prescriptions were dispensed for Testim, according to data from SDI: Vector One National. 

Despite the currently labeled precautions, as of Dec. 1, 2008, the FDA has received reports of eight cases of secondary exposure to testosterone in children ranging in age from nine months to five years. Since that time, additional reports of secondary exposure have been received by the agency and are presently under review.

Of the fully reviewed cases, adverse events reported in these children included inappropriate enlargement of the genitalia (penis or clitoris), premature development of pubic hair, advanced bone age, increased libido, and aggressive behavior. 

In most cases, the signs and symptoms regressed when the child no longer was exposed to the product. However, in a few cases, enlarged genitalia did not fully return to age-appropriate size and bone age remained modestly greater than the child’s chronological age.

In some cases, children had to undergo invasive diagnostic procedures and, in at least one case, a child was hospitalized and underwent surgery due to a delay in recognizing the underlying cause of the signs and symptoms.

Signs of inappropriate virilization (development of male secondary sexual characteristics) in children and the possibility of secondary testosterone exposure should be brought to a health care provider’s attention.

In most of the cases, users of these products failed to follow appropriate use instructions, resulting in direct contact between treated skin and the child.
     
The required label changes will provide additional information about the risk of secondary exposure and the steps that should be taken to reduce this risk. The FDA also is requiring that the manufacturers of these products develop a Medication Guide as part of a Risk Evaluation and Mitigation Strategy to ensure that the benefits of these products continue to outweigh their potential risks.

The FDA recommends the following precautions be taken to minimize the potential for secondary exposure:

• Adults who use testosterone gels should wash their hands with soap and warm water after every application;
• Adults should cover the application site with clothing once the gel has dried;
• Adults should wash the application site thoroughly with soap and warm water prior to any situation where skin-to-skin contact with another person is anticipated;
• Children and women should avoid contact with testosterone application sites on the skin of men who use these products; and
• Adults should note that use of any similar, but unapproved, products from the marketplace –including the Internet– that can result in the same serious adverse effects should be avoided.

Health care professionals and consumers may report serious adverse events (side effects) or product quality problems with the use of these gels to the FDA's MedWatch Adverse Event Reporting program either online, by regular mail, fax or phone.

Relevant Websites/Information

Testim Video: How to apply Testim

What is Testim?

Testim Side Effects: MedicineNet.com

Androgel Side Effects: eMed TV

Testosterone Gels Risky to Children: Web MD

FDA Orders Label Warnings for Testosterone Gels: ABC News

Testosterone Deficiency: The Urology Channel

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If you, or someone you know, has been injured in a motorcycle or automobile (or similar) accident, please call me, Lowell Steiger, immediately at

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"Treated With the Respect That You Deserve"

Contempt of Court: Woman Sentenced to 30 Days for Texting in Court

The unthinkable has finally happened - Susan Henwood appeared in court for a debtor's hearing in an effort to ask the judge to continue the hearing because her husband was sick and could not attend and she was sentenced for 30 days in jail for texting him the updates of the hearing!!! According to an article in the Journal of the American Bar Association

Susan Henwood, a mother of four, started serving the sentence in the Tooele County Jail on Monday, according to KSL.com. Henwood’s husband, Joshua Henwood, told KSL that his wife went to court to ask for a continuance in his case because he was sick and couldn’t attend. He also asked her to keep him updated.

Susan Henwood sent two messages from the courtroom, according to the story. The first read, "It doesn't look good for you." The second said, "They're coming for the Polaris Ranger."

In California, in order to be jailed for contempt of court the following elements must be met: (1) the making of a valid court order, (2) knowledge of the order by respondent, (3) ability of the respondent to render compliance, and (4) willful disobedience of the order. Warner v. Superior Court (1954) 126 Cal. App. 2d 821, 824.

I would imagine that the rules in Utah are similar and, if so, did Ms. Henwood's act of texting her husband as described above satisfy these elements?  I think not.  To start, there is nothing indicating that a valid order existed which means that elements 2-4 would be moot.

The judge let Ms. Henwood out of jail after only a few days ostensibly because she's a mother and her kids needed her, not because his ruling was wrong.  Well, you be the judge.

As you know, I continually rail against texting while driving - that's a danger to the driver and everyone on the road.  But texting in court?  Do we leave our First Amendment Rights at the courtroom door?

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"Treated With the Respect That You Deserve"

Brown Obtains Guilty Plea from Woman Who Operated Sophisticated Loan Scam

LOS ANGELES- Continuing his crackdown on mortgage fraud, Attorney General Edmund G. Brown Jr. late Thursday won a guilty plea from 22-year old Anna Santos, who conned thousands of dollars from homeowners in a "cruel and sophisticated" loan scam.

Santos will be formally sentenced on May 20 in Los Angeles Superior Court. She is expected to receive 2 years in prison.

"Santos conned thousands of dollars from homeowners trying to save their homes through a cruel and sophisticated scam," Brown said. "She held out hope, but in reality did not provide an ounce of loan modification, leaving her victims unprotected and in far worse straits."

Santos was arrested on March 12, 2009 after she used forged documents to convince victims to hand over thousands of dollars for non-existent loan modification services.

Santos obtained a fictitious business permit through the City of Los Angeles for "Payment Processing Department." She opened several bank accounts and two post office boxes under that name. She mailed flyers to vulnerable homeowners that appeared to be from victims' lenders or a government agency. The flyer used a large, bold header that read "Final Notice" and advised homeowners that they qualified for a special program to save their home from foreclosure.

After signing up for "loan modification services," homeowners then received what appeared to be "confirmation" that their lender had been notified. Many victims also received loan modification documents that appeared to be from their lender. These documents were all forgeries.

The victims were informed they had been placed in a "probationary" program and their mortgage payments should be submitted to "Payment Processing Department" and sent to a given post office box address. None of the payments were credited to the victims' home loans.

Payments sent to the post office box were retrieved by Ms. Santos and deposited into the bank accounts she had opened.

Santos targeted seniors and homeowners on the verge of foreclosure. It is believed that she scammed more than 100 victims. On average, victims lost approximately $3,000, at a time when they could not afford their mortgage, let alone additional fraudulent expenses.

Since taking office, Attorney General Brown has shut down loan modification and foreclosure rescue scams and fought companies that have misled vulnerable borrowers:

• In March 2009, Brown shut down Foreclosure Freedom, a fraudulent loan modification company that continued to collect fees and mortgage payments from dozens of homeowners without ever providing any loan modification services.
  
• In November 2008, Brown arrested three members of First Gov after the company demanded an up-front fee, ranging from $1,500 to $5,000, to participate in a loan-modification program and never renegotiated the loans.
  
• In October 2008, Brown announced an $8.68 billion settlement with Countrywide Home Loans after the company deceived borrowers by misrepresenting loan terms, loan payment increases, and borrowers' ability to afford loans.
  
• In May 2008, Brown shut down a team of scam artists that acquired deeds to hundreds of homes in foreclosure by convincing desperate consumers to pay $10,000 to place their property in a land grant, a phony and worthless real estate document, and then tricked homeowners into signing over the deed to their home and paying the company rent.
  
• In March 2008, Brown shut down Lifetime Financial, Nations Mortgage, Greenleaf Lending, Virtual Escrow, Olympic Escrow and Direct Credit Solutions after the companies ran a complex predatory lending scheme using bait and switch tactics to victimize thousands of homeowners, many of whom lost their homes.

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"Treated With the Respect That You Deserve"

Training to End Strokes - A Worthy Cause

My good friend and colleague, attorney Wendi Wagner McCluskey, will be training to end strokes.  I asked her to write a piece to post here on my blog.  Please read and help her exceed her goals.  Although we're in tough times, I truly believe that hers is a worthy cause, and, for  that reason, I made a donation.

From the pen of Wendi Wagner McCluskey, Esq.

January, I watched my husband's grandmother will herself to die after having had a stroke. Christmas Eve, she had been a vibrant woman, smiling and bouncing her great-granddaughter on her lap; by New Year she could do nothing but lie in bed and murmur that she was in terrible pain and wanted an end.     

Never in my life did I imagine that I would be walking for a charity.  Let me rephrase - Never in my life did I imagine that I would be walking 13 miles, for any reason.  In honor of Lally, my husband's grandmother, I committed to walk the Santa Barbara Wine Country Half Marathon - 13.2 miles.

Last Saturday, I did 12 miles with my training group.  If you had told me 6 months ago that I could walk/run 12 miles, I would have told you that you had lost your last marble.  I am not an athlete, but I am actually doing it.  Okay, I am doing in great pain and I don’t look so pretty, and I am usually the last person to finish out of 20 or so people - but I am doing it.   My legs ache, but not in places they are supposed to.  I think I am not normal.  But, I am determined to do this.

I have committed to raise $1,600.  I am pushing to finish my fundraising efforts by May 1st.  Check out http://ttes-la.kintera.org/wendi to see how much money I have raised - or to make a donation of your own.

Did you know that someone suffers a stroke every 45 seconds and someone dies of one every 3.1 minutes? Or that 29 percent of people who have strokes are under age 65? Please join me in my efforts to end stroke.

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Twittering While Driving (TWD): Danger Abounds!

Twitter is the new rage but where it's used can be outrageously dangerous. But wait!  Before you think I'm anti-Twitter, please be sure that I am all for Twitter!  I have a Twitter account with the screenname steigerlaw which, as of today, boasts 1,225 followers, and growing.  And I'm following 1,800+ Twitterers as well (and growing).  It's productive, addictive and fun.  I keep my Twittering professional -- i.e., my Tweets (messages) are generally relevant to law related subjects save a few transgressions such as when I tout the Daily Puppy photo website because I'm a dog lover and think looking at puppy pictures  is  a great way to start the day.

For the uniniated, are you asking yourself "What the heck is Twitter?" Good question.  Twitter is a social networking phenomenon that is best understood by plunging in and just twittering.  It's free and easy.  To take the blind plunge, click here.  However, for a great explanation of Twitter, click here. 

You Can Follow me on Twitter(but not while you're driving)

http://twitter.com/steigerlaw

Okay, let me get to the heart of this post: What I fear with Twitter is the addiction that seems to be inherent in all social media today.  We can't wait to respond to a Tweet (Twitter message).  And now we can do it from our cell phones while driving!  Naturally, I have no problem with someone sitting in front of their desktop or laptop 24 hours a day and tweeting themselves into oblivion.  What I do have a problem with is the danger that we expose ourselves and other to when Tweeting while Driving.  (See my prior posts on texting while driving)  A typical tweet is up to 140 characters (maybe about 20 words give or take) and can have links to other websites.  A person can get completely wrapped up in a tweet and wind up with a pedestrian as a hood ornament.  Although my presentation here is tongue -in-cheek, being a lawyer who zealously and passionately represents injured people, I see the handwriting on the wall and it's not pretty.  I'm not looking forward to a call from the daughter of an elderly pedestrian who was killed in a crosswalk because someone couldn't wait to get to their computer to respond to a Tweet.

According to a recent article entitled Fatal Distractions in the British publication Newspress, a study was conducted by the British insurance company Esure.  The article states that according to that study, "nearly one in ten (nine per cent) motorists questioned are using mobile internet services and social networks whilst driving – to tweet, text and update their Facebook profiles." 

The article reports the 10 top Tweets during the week prior to the article's publication:

1. “Driving with my knees and peeling an orange…Probably not the safest thing to be doing.”
2. “Driving school bus”
3. “Irresponsible twitter driving woo!”
4. “Driving up to Newcastle while we Tweet!”
5. “Driving home in the rain…almost crashed!”
6. “Trying my best to stay awake while driving”
7. “Awake, hungover, and driving”
8. “Is it wise to use Twitter while driving? Probably not”
9. “Intoxicated driving. Let’s hope this works out”
10. “Twittering and driving…”

And now it is rumored that the General Motors On-Star feature will interface with Twitter.  According to the Technology Expert Blog

“While in your vehicle, you can use OnStar to submit and retrieve tweets (messages) via your Twitter account. Using OnStar’s Voice-Activated Hands-Free Calling system, and having your voice converted into text, you can provide updates which would appear in the 'What are you doing?' section of your Twitter homepage. It is also possible to listen to a tweet that was sent to you by someone else after it has been converted into voice. You can send and receive tweets without having to type or read anything.”

Finally, the Twittering While Driving phenomenon has gotten the attention of lawmakers.  Here is a video clip of Democratic Tennessee Sen. Douglas Henry voicing (not Twittering) his opinion:

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If you, or someone you know, has been injured in a motorcycle or automobile (or similar) accident, please call me, Lowell Steiger, immediately at

(323) 852-1100 or send an e-mail to me at lowell@steigerlaw.com

"Treated With the Respect That You Deserve"

Motorcycle Accident $275,000 Settlement

     This case is one wherein my client, Bobby, suffered serious injuries as a result of a car making a u-turn in front of him while he drove his motorcycle at a safe speed.  In particular, he suffered a degloving injury to his right leg which necessitated a painful skin graft and had left him with a large permanent scar (see picture to the right). 

    Graphic photos of Bobby's injuries, before and after the surgery, can be seen by clicking here - due to the graphic nature of these motorcycle injury degloving photos, it is inappropriate to just post them here because they are too shocking and one must be forewarned.  You need to affirmatively click here in order to view them.

    Ultimately, the case settled for $275,000 - an amount far and beyond his medical bills and designed to compensate him for the pain and suffering that he experienced as a result of this negligent driver.

Please read excerpts from the mediation brief below.  The names have been changed to protect the anonymity of the parties.

    The instant lawsuit arises out of an incident which occurred on June 24, 2008 on Acme Place just south of Genteel Boulevard in the City of Los Angeles.  Defendant Theresa was driving a 2005 silver Volkswagen Passat in lane 2 of 2.  Plaintiff Bobby, then 24 years of age, was driving his 1994 Honda VFR-750 motorcycle in lane 1 of 2. 

    Bobby, who was suited up with a leather jacket, jeans, safety helmet and motorcycle riding boots,  had been traveling in the same lane, without making any lane changes,  for quite some time.  He was not using his cell phone nor was he listening to any type of music.  He testified in his deposition that he traveled within the 35 mph speed limit for the duration of his drive on Acme.  Further, he was on his way to a cold-reading class at a local community center.  The class, which was only a few miles from his home, was to begin at 7:45 pm.  Bobby would have arrived early having left his apartment at 7:13 pm had it not been for this life-altering accident.

    Plaintiff became aware of Theresa’s vehicle just after passing Genteel Boulevard.  There was nothing in particular that brought it to his attention other than “the fact that there was a vehicle there.” (Bobby Deposition 46:24).  They were both traveling at the same speed and they remained in their respective lanes with Bobby traveling approximately 70 to 80 feet behind.  He noticed her beginning to slow down but because she remained in her own lane he  thought nothing of it until it looked as though she was going to merge into his lane.  He honked his horn, eased on his brakes and tried to move to the left in order to avoid her all the while being mindful of not crossing over the double yellow line into oncoming traffic.

    In actuality, Theresa was not attempting to merge into Bobby’s lane of travel.  Instead, she made a u-turn directly in front of him causing the injuries and damages hereinafter described.

    The Los Angeles Police arrived at the scene, investigated the incident and produced the report.   Theresa stated, in pertinent part, that she made a u-turn in order to change her direction of travel from southbound Acme to northbound Acme and, in so doing, collided with Bobby’s motorcycle.  She says that she never saw him coming which led her to believe that he was speeding.  However, there is no evidence to substantiate that point and, in fact, such a statement is purely speculative.  Finally, she admitted to the investigating officer that the accident was her fault. 

    An independent witness, Darius, stated that he was driving northbound on Acme and saw Theresa, who was traveling southbound on Acme, make a u-turn.  He witnessed Theresa collide with Bobby’s motorcycle.

    Although Theresa was not cited, the police listed the primary collision factor as a violation of California Vehicle Code §22102 by Theresa.  The code states that

    "No person in a business district shall make a U-turn, except at an intersection, or on a divided highway where an opening has been provided in accordance with Section 21651.  This turning movement shall be made as close as practicable to the extreme left-hand edge of the lanes moving in the driver's direction of travel immediately prior to the initiation of the turning movement, when more than one lane in the direction of travel is present."

*****

    “I felt around my body and thought I was okay at first.  I didn’t notice any problems.  Then I reached to touch my leg, and I felt that it was very small.  So I looked down, and I saw it, and I was actually holding the bone in my leg.  It was completely torn open.  I think the term that the EMT’s used was ‘degloving.’  It was completely torn open, and my hand was inside my leg, at which point I pretty much lost my cool.” (Bobby Deposition, page 58:23 to 59:6)

In this case, it was necessary to file a lawsuit against the driver of the u-turning vehicle in order to move the case along.  Her insurance company, although polite, was not cooperating to the extent that they needed to in order to come to a fair resolution in this matter.  Meanwhile, my client's medical bills were piling up and he still needed skin graft surgery because his wound was not healing.  It remained open!  Aggressive action was required and that action was in the form of a lawsuit.

    The case then moved along quickly.  I found a Board Certified Plastic Surgeon who was willing to perform the skin graft on a lien basis.  This means that he was willing to wait until the matter resolved, either through settlement or judgment rendered at trial, before getting paid.  The surgery center worked on a lien basis as well.

    It is important in injury accidents such as these that the legal aspects are properly handled by an experienced attorney.  My client had no health insurance at the time and faced serious medical issues had I not been able to arrange for treatment in the manner described above.

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If you, or someone you know, has been injured in a motorcycle or automobile (or similar) accident, please call me, Lowell Steiger, immediately at

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"Treated With the Respect That You Deserve"

Fritzl Chooses Luxury Prison - Where's the Outrage?

Timesonline reports that per Austrian law Josef Fritzl, who was convicted of rape, murder, false imprisonment and other atrocities which he committed during the 24 years that he kept his daughter Elisabeth and the 6 surviving children that he forced her to bear in while confined in a windowless dungeon, will get to pick his poison ... I mean prison. (I apologize for the long sentence but, after all, I am a lawyer and we tend to be verbose). 

Associated Press Video


Can this horrific story get any more bizarre?  73 year old Fritzl, a creature who has no right to call himself a human being, was sentenced to life in prison but will be eligible for parole in 15 years.  I am disgusted by the fact that he was allowed to choose to spend his incarceration at Garsten,  prison for the "psychologically abnormal" where, according to Timesonline, "he will be able to improve his English or study other foreign languages, as well as singing in the choir or training in a gym that is better-equipped than those of many hotels. As an inmate, he will be offered a wide variety of hobbies and entertainment, including tennis, darts and art classes."

Where is the outrage?  This treatment calls for reform.  Garsten is set in the foothills of the Alps and boasts of one of the largest prison libraries in Austria so that Fritzl won't be deprived of the ability to indulge in his passion for reading.  What about Elisabeth's passion for, well, anything?  Even though she's been freed from her prison, common sense dictates that she will never be freed from the memory of the horror that was her life.

Details of Elisabeth Fritzl's Abuse at the Hands of Her Father, Josef Fritzl

Fritzl's fellow inmates include such dignitaries as a former TV presenter, Helmut Frodl, serving life for murdering a rival and dismembering his body with a chainsaw. Frodl is working on a PhD and is allowed out twice a month with an escort to discuss his thesis with a professor.

Although in theory it's commendable that, per a spokesman for the Austrian prisons, “The Austrian penal system aims not only at enforcing punishment, but also attempts to bring the inmate back within the norms of society,” the inhuman wrongs that this man committed against his daughter and the children that he begat with her, can never be made right.  Every day of the rest of his life should be filled with the same fear, terror, frustration and horror that he bestowed upon his family.

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"Treated With the Respect That You Deserve"

Josef Fritzl Sentenced To Life in Mental Hospital

Joseph Fritzl, the monster who imprisoned, raped and tortured his own daughter, Elisabeth, for 24 years while forcing her to bear 7 of his children, has been sentenced to life in a mental hospital -- a mental hospital of HIS own choosing. 

In general, I'm not a punitive person.  However, in these circumstances, this man should be afforded absolutely no choice as to any aspect of his life, not the least of which is where he will spend the rest of his days.  He should be afforded the same choice he gave to his daughter - none.

According to Timesonline:

Josef Fritzl barely quivered when he was sentenced yesterday to life in a prison for psychologically disturbed criminals. He was found guilty of murdering a boy, one of seven children fathered with his daughter, of enslaving her, incarcerating her, beating her and raping her 3,000 times in the cellar of the family home.

Fritzl, 73, said in a croaking voice that he accepted the verdict — there will be no appeal — and he was marched off by a phalanx of policemen to a cell that lets in more sunlight than his daughter Elisabeth saw in almost a quarter of a century.

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"Treated With the Respect That You Deserve"

Joseph Fritzl Pleads Guilty to All Charges - He's Still a Monster

In spite of the fact that Josef Fritzl pled guilty to ALL charges today, he remains one of the great monsters of all time.  Click here, here, here, here and here to read previous, detailed postings of his horrific crimes.

Please watch the CNN Video News Report below for greater details of today's guilty plea.



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If you, or someone you know, has been injured, please call me immediately at

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"Treated With the Respect That You Deserve"