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Iowa Senate panel approves cap on some medical malpractice awards

News

January 25th, 2023 by Ric Hanson

(Radio Iowa) – Republicans on a committee in the Iowa Senate have approved a bill to set a $1 million cap on non-economic, so-called pain and suffering damages in medical malpractice lawsuits. Governor Reynolds has said it’s one of her legislative priorities. Sandra Conlin, a lobbyist for the Iowa Hospital Association, told senators there’s been a tipping point — last spring’s $97 million jury verdict in a medical malpractice claim against an Iowa City hospital and a doctor. “We are in a place of crisis now,” Conlin said. “There’s been inaction on this issue for several years in a row and we continue to see the consequences of that build up over time.”

Conlin said there are significant rate increases in medical malpractice insurance and lawsuits are being settled for higher amounts. Chip Baltimore, a former Republican legislator, told lawmakers $97 million isn’t “egregious” for the family of the baby boy who will require 24/7 medical care his entire life after his skull “was crushed.” Baltimore is working as a lobbyist for Trial Lawyers for Justice. “The position of conservatives in this building is that every life, every single life at every stage is priceless,” Baltimore said. “…But you’re about to put a price tag on it and a very small price tag, quite honestly.”

The bill has cleared the Senate Judiciary Committee with the support of 11 Republicans. Mikayla Brockmeyer of Spirit Lake, a medical student at Des Moines University, told lawmakers many of her classmates are looking to practice elsewhere because of the liability issue. “We need medical liability reform now and don’t let this slip away,” she said, “along with the doctors in training who are considering other opportunities in other states.”

Sam Clovis, a former Trump Administration official and the Republican Party’s nominee for state treasurer in 2012, is urging lawmakers to kill the bill. Clovis is suing western Iowa health care providers, alleging their negligence has left him paralyzed from the chest down after emergency surgery in 2019. “We have legislators who think they are smarter than the people sitting in a jury box…they say they protect life and then they turn right around and try to set a value to that,” Clovis said. “That frankly is wrong and it’s immoral.”

Thomas Slater, a West Des Moines attorney, said the rights of patients who’ve been profoundly injured by malpractice need to be protected. “I scratch my head when my party attempts to put an arbitrary cap on the value of life or the quality of that life,” Slater said during a senate subcommittee hearing.

Hospital executives say the new limit on medical malpractice awards would help with recruiting. “We’ve been trying to recruit an OB/GYN for the last year,” said Erin Muck, CEO of the Crawford County Hospital in Denison. “A lot of people are asking: ‘What is your cap in your state?’ and when you’re telling them there is none, they have no interest anymore.”

If the bill becomes law, Iowans would still be able to sue for larger amounts if the alleged negligence causes significant expenses or monetary losses to an injured patient, but non-economic or “pain and suffering” awards would be limited to a million dollars. Nebraska and South Dakota have a half a million dollar cap on non-economic damages in medical malpractice lawsuits. Wisconsin’s is $750,000. Missouri’s limit is adjusted annually to account for inflation and it’s nearly $800,000 this year.

Avian influenza outbreak confirmed in Buena Vista County turkey operation

Ag/Outdoor, News

January 25th, 2023 by Ric Hanson

(Radio Iowa) – The Iowa Department of Agriculture has confirmed the first case of avian influenza in the state in more than one month. The case is reported at a commercial turkey flock in Buena Vista County with some 28,000 birds.

The last case of bird flu was reported in an Ida County commercial turkey flock on December 12th. Seven of the 31 outbreaks confirmed since last March have been in Buena Vista County.

Turkeys. (IPR photo)

Sixteen of the outbreaks have involved commercial turkey operations.

EPA report: Iowa has the worst radon levels in the USA

News

January 25th, 2023 by Ric Hanson

(Radio Iowa) – A federal E-P-A report says Iowa’s soil has the nation’s worst concentration of radon, with about seven in every ten Iowa homes containing enough of the gas that action is needed. Liz Orton, outreach coordinator for the Iowa Cancer Consortium, says radon is invisible, tasteless and odorless — and it’s also radioactive. “Radon occurs naturally in the soil. It’s given off by radium and uranium,” Orton says. “Iowa has a large concentration of this and the reason that it’s harmful is because radon gas can get into your lungs and it can actually cause lung cancer.”

Radon is the second-leading cause of lung cancer in Iowa, behind only tobacco use. The Iowa Department of Health and Human Services says radon results in about 400 deaths in the state every year. Orton recommends every Iowa homeowner invest in a radon test kit as radon levels in Iowa are almost seven times higher than the national average. “Radon test kits are very easy to use. They’re available at local hardware stores and they’re usually $20 or less,” Orton says. “You just follow the directions. You set it in your basement and then when it’s done, you mail it into a lab that has free shipping and then you’ll get the results back.”

If those results come back showing a dangerous level of radon in your home, it’s recommended you take action right away. “You do need to hire a professional radon mitigator to come mitigate your home and a list of those can be found on the Iowa HHS website,” Orton says. “The typical cost in Iowa for mitigation is about $1,200. It is a substantial cost but definitely lower than the cost of getting lung cancer and being treated for that.” Although radon is most-often found in basements, it can be present on any story of a home or building. January is Radon Action Month in Iowa.

Red Oak woman arrested after trying to run from police

News

January 25th, 2023 by Ric Hanson

(Red Oak, Iowa) – Police in Red Oak have arrested a woman for Interference with Official Acts. Authorities report 33-year-old Madison Marie Bowling, of Red Oak, was arrested in the 2400 block of N. 8th Street at around 11:22-a.m. today (Wednesday), after knowingly resisting Law Enforcement Officers, by attempting to flee on foot from them. Bowling was being held in the Montgomery County Jail on a $300 cash bond.

House GOP to seek ban on pop, candy purchases with SNAP benefits

News

January 25th, 2023 by Ric Hanson

(Radio Iowa) – A key Republican lawmaker says the Iowa House will not move forward with a proposal that would have prevented Iowans from using government food assistance to buy things like fresh meat, butter or flour. Representative Ann Meyer of Fort Dodge says they’ll instead rewrite the bill to try to bar SNAP recipients from buying candy and soda. “SNAP is Supplemental Nutrition Assistance. These are not nutritional items,” Meyer says. “We can’t take it out of a state. What we’re asking for is a waiver.”

The federal government has twice denied Maine’s request to prohibit food assistance benefits from being used to buy sugar-sweetened drinks or candy. The beverage industry successfully blocked attempts to include the prohibition in the 2018 Farm Bill, where the rules for what are commonly called food stamps are written. Iowa Hunger Coalition chair Luke Elzinga says he’s glad the severe restrictions on how poor Iowans may use food assistance are being removed, but he’s concerned about other parts of the bill, like asset limits which would make it hard for families with two vehicles to qualify for food assistance.

“We think it’s a really misguided and harmful bill that would results in Iowans being kicked off the program,” he says. A public subcommittee hearing on the bill is scheduled for tomorrow at the Iowa Capitol.

(Reporting by Katarina Sostaric, Iowa Public Radio)

Cedar Rapids man found guilty of killing his family

News

January 25th, 2023 by Ric Hanson

(Radio Iowa) – The jury delivered a verdict this morning (Wednesday) in the trial of the Cedar Rapids man charged with killing his parents and sister in June of 2021. K-C-R-G T-V streamed the decision as Judge Lars Anderson read the verdict for all three murder counts. “We the jury find the defendant Alexander Jackson guilty of the offense of murder in the first-degree,” Anderson says. The 22-year-old Jackson watched without emotion as the verdict was read. Jackson told police that an intruder broke into the family’s home and shot his 61-year-old father Jan, 68-year-old mother Melisa and 19-year-old sister Sabrina. He said the intruder then shot him in the foot and fled. Prosecutors argued the evidence at the home and videos from the neighborhood did not back up Jackson’s story.

He is facing a mandatory life sentence following his conviction, and Judge Anderson says the sentencing will be in March.

“At this point based upon the verdicts entered, I am setting this matter for a sentencing hearing sentencing will be held on March 3 of this year at 1:30 p-m. Mr. Jackson, I need to advise you, sir, that you have a right to file, both a motion and arrest of judgment and a motion for a new trial,” Anderson says. Jackson has 45 days to file the motions. The jury got the case just after lunch Tuesday and returned the verdict around 10 a-m today (Wednesday).

Bill would exempt child care workers’ pay from state income taxes

News

January 25th, 2023 by Ric Hanson

(Radio Iowa) – Iowans paid to work in registered child care centers would not have to pay state taxes on that income if a bill introduced in the Iowa House becomes law. Brad Hartkopf of the Iowa Association of Business and Industry says his group supports the bill. “We certainly don’t think there’s a silver bullet out there to address child care, but we think this could make a difference.” Dave Stone of United Way of Central Iowa says it could help retain child care workers. “There’s a lot of different options for them to go to different industries that are more lucrative considering this is very challenging, difficult work taking care of kiddies eight hours a day, five days a week,” Stone says, “so this is great that we’re moving the needle for them to make sure that they can have a little bit more money in their pockets to be rewarded for the hard work that they’re doing.”

A House subcommittee has voted to advance the bill, but members of the panel are considering changes, like exempting the OWNERS of registered child care centers from state income taxes as well. Dustin Miller of the Iowa Chamber Alliance says that could spur investment in child care centers. “It can be pretty common for somebody to own it and work there,” Miller says, “but it’s not uncommon for a group of investors that see a need — there’s one going up in Van Meter right now that they will not be involved in the day-to-day. They’ll just own it, so I think it’s good to think about it from the investment side.”

Legislators working on the bill hope to ensure the additional take home pay for child care workers doesn’t affect their Earned Income Tax Credit. Iowa Womens Foundation president Deann Cook says that’s key. “Remember that these are very low income individuals, so just whatever implications it might mean to their overall taxes, we would be curious to know that,” she says, “to make sure it didn’t pull them out of any other tax benefits they might be receiving.”

Some bill backers say people who run child care businesses don’t make huge — if any profits — and exempting registered child care centers from property taxes might be another way to boost investment.

Update: Fatal accident in Page County

News

January 25th, 2023 by Ric Hanson

(Clarinda, Iowa) – Page County Sheriff Lyle Palmer reports one person died during the crash of a pickup truck, Monday afternoon. Palmer says on January 23, 2023 at approximately 3:54 PM, the PAGECOMM dispatch center was notified of a vehicle found in a ditch on the west side of E Avenue in the 2000 block. PAGECOMM dispatch center was also told of a male lying in the ditch near the vehicle possibly deceased.

An accident investigation conducted by the Page County Sheriff’s Office showed that 25-year-old Levi Gary Glines-Racine, of Shenandoah, was driving a 2006 Chevy K1500 northbound on E Avenue approximately .6 mile north of Highway 2.  The vehicle crossed the center line and continued into the west ditch, where it impacted a concrete culvert / north bank of the Creek.

Glines-Racine was ejected from the vehicle, which fell back to the bottom of the creek. Glines-Racine was pronounced deceased at the scene.

PAGECOMM dispatch center, Page County EMA, Shenandoah Fire Department, Shenandoah Ambulance Service, and the Shenandoah Police assisted at the scene of the accident.

Adair County Supervisors actions, 1/25/23

News

January 25th, 2023 by Ric Hanson

(Greenfield, Iowa) – The Adair County Board of Supervisors took action on several, administrative matters during their meeting this (Wednesday) morning. The Board acknowledged receipt of OSHA Form 300A, which shows the total number of work-related injuries and illnesses for the year past, in any given category. In Adair County, there were four injury incidents, and one hearing loss incident, reported.

The Board acknowledged the receipt also, of a Manure Management Plan (MMP) update for a Prestage Farms livestock facility at 2885 Gibbon Avenue. And, they approved 13 Homestead and 11 Military Disallowances. The Board also approved a Courthouse Fire Alarm Agreement with Johnson Controls, after a spokesperson for Johnson Controls reported on the condition of the current alarm system, and the need for an upgrade.

The agreement renews a service contract in-place, and replaces 15 smoke detectors that are aging-out. The cost of replacing them at $3,919.99, plus $2,392.57 for the annual service contract.

Afterward, the Adair County Supervisors heard from Brittany Palmer with Crossroads Behavioral Health, with regard to Iowa Opiod Settlement Remediation uses.

And, Michelle Wilson with Southern Iowa Resources Conservation and Development (RC&D), in Creston, presented the organization’s Annual Report. She also made a budget funding request from the Board, in the amount of $5,000. SI RC& D serves seven counties in southern Iowa, including Adair.

Glenwood man arrested for Disorderly Conduct

News

January 25th, 2023 by Ric Hanson

(Glenwood, Iowa) – The Glenwood Police Department reports a man was arrested Tuesday on a Mills County warrant. 26-year-old Kameron Myers, of Glenwood, was arrested on the warrant for Disorderly Conduct. Myers was being held in the Mills County Jail on a $300 cash-only bond.