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January 31, 2007

Malpractice insurers must explain themselves

Medical malpractice companies benefiting from courtroom caps today must tell state regulators why they are not returning more of that money to doctors and the public. Insurance Commissioner Kevin McCarty has ordered executives of major malpractice insurers to attend public hearings today in Tallahassee on their rates. Consumer Advocate Steve Burgess, in the Department of Financial Services, estimates premiums should be cut 40 percent to 50 percent. Michigan-based ProNational Insurance instead offers to cut rates 8.6 percent.

The Legislature three years ago capped pain and suffering awards to $500,000 per physician and $1 million per case. Since then, Burgess contends, insurance data shows medical malpractice legal costs and payouts have dropped 43.6 percent, from $989 million to $557 million.


ND Bill Protects Dr's apology

For health care providers, North Dakota may mean being able to say you're sorry without fear of having the apology used in a medical malpractice lawsuit. "The way it is now, even if a doctor wanted to talk to a patient to express sympathy, they can't do it because of fear that it will be used against them in court," said Rep. Lawrence Klemin, R-Bismarck.

The North Dakota House voted 74-17 on Monday to approve legislation that says a health care provider's "expressions of empathy" may not be used against him or her in a malpractice lawsuit, arbitration proceeding or license hearing. The bill now moves to the state Senate. It covers doctors, nurses, therapists and anyone else licensed or certified by the state to provide health care. Twenty-nine states, including South Dakota and Montana, have similar laws in place, according to the Sorry Works! Coalition. As introduced, the bill also shielded a medical provider's admission of fault if something unexpected happened to the patient being treated. Legislators who initially reviewed the bill agreed the reference should be removed.

"If a doctor says, 'Gee, I'm sorry, your loved one just passed away,' or, 'I'm sorry, things didn't turn out the way we all had hoped,' that's an expression of sympathy," said Rep. Kim Koppelman, R-West Fargo. "If your doctor says, 'Gee, it was my fault,' maybe that is something else." Rep. Chris Griffin, D-Larimore, said he believed the purpose of the bill's promoters was to protect a medical provider's statement of fault. Without that provision, Griffin said, the bill is meaningless. "I don't foresee this bill, if it passes, to really change anything," Griffin said. "We are not putting much faith in the jurors and the courts of our state, if we don't think that a doctor, or a health care professional, showing some sympathy is actually going to end up in a medical malpractice suit."


Government Finds Fault with FDA

The Government Accountability Office (GAO) has issued a report that finds fault with the FDA for its oversight (or lack thereof) of the drug industry's Direct-to-Consumer (DTC) advertising. DTC advertising was authorized by Congress in 1997 and gave drug companies the ability to market directly to the public, resulting in a barrage of television, online, and magazine ads. And it works. Consumers see the ads, and ask their doctors for the drugs by name. Critics point out that DTC advertising creates a huge consumer demand for expensive, name-brand drugs, even though less expensive drugs may work just as well.

GAO's new report finds that the FDA doesn't properly regulate the content of the ads presented to the public by the drug companies, and also that it takes too long to review the commercials and put a stop to misleading or inappropriate ads. During 2004 and 2005, the FDA's 19 regulatory letters were sent an average of eight months after dissemination of the materials! The GAO recommends that the FDA: 1) document criteria for prioritizing DTC materials for review; 2) systematically apply its criteria to materials it receives, and 3) track which materials it reviews.


Minor Bleeding in Brain is Somewhat Common in Infants

According to researchers at UNC-Chapel Hill, 1 in 4 healthy newborns suffer from a minor brain hemorrhage. Minor brain hemorrhaging in young infants in usually associated with "Shaken Baby Syndrome." "Shaken Baby Syndrome" is a traumatic brain injury that occurs when an infant is vigorously shaken. The shaking causes intracranial bleeding in the brain that can cause severe brain damage and even death.

The study conducted by UNC-Chapel focused on early brain development in infants. They scanned newborns for brain bleeds using an MRI and found that an alarming number of newborns suffer from a brain bleed. Over 25% of newborns delivered vaginally suffered from a brain bleed, while those delivered through a cesarean section were less likely to have a brain hemorrhage. Other studies have shown much lower numbers but a UNC radiologist speculates that the occurrence was probably something that was always there. Improved technology and more sensitive tests have made it possible to identify these brain hemorrhages.

Brain hemorrhaging probably occurs more in vaginally delivered babies because the newborns flexible skull is compresses when passed through the birth canal. Hemorrhages that occur during birth appeared to be concentrated near the back of the brain and only span a small area. Newborns with birth related hemorrhages show no signs of brain damage. Brain hemorrhages associated with "Shaken Baby Syndrome" however, are concentrated at the top of the brain and are much larger - these are far more dangerous for the development of the brain. This important distinction discovered by the researchers at UNC will help physicians distinguish between normal brain hemorrhages and brain hemorrhages due to abuse.

The study will be published in the February issue of Radiology science journal.


Judge apologizes for hit-and-run sentence

Even the judge acknowledged the sentence wasn't tough enough. Sean Patrick Armstrong, accused of striking a bicyclist with his pickup last February in south Charlotte and then fleeing the scene, will spend no more than a year in prison. His victim, Brian Hanley, suffered a traumatic brain injury and remains in a wheelchair. Hanley suffered head trauma and a broken pelvis, leg and ribs, spending weeks in a coma. "Brian has had to relearn how to breathe, eat, see, speak, sit. And it has taken him almost a year to be able to do those basic things," Brian Hanley's fiancé Laurie Griffin said. "He cannot walk, he does not remember the house he lived in, and he needs full-time care. "Not only did you take away life as he knew it, but you took away a father from two little boys. You took away their childhood. The youngest won't even ride his bike anymore."

Armstrong on Wednesday pleaded guilty as charged to felony hit and run resulting in injury. Mecklenburg Superior Court Judge Don Bridges told Hanley and his parents that the sentence, 10 months to a year, was the maximum that he could impose. "And yet everyone in this family, in fact everyone in this courtroom, probably knows this sentence is not severe enough for what has happened," Bridges said. "For that, I'm sorry."

Mecklenburg Assistant District Attorney David Graham said Armstrong's case shows that North Carolina's hit-and-run laws are inadequate to appropriately punish those who cause serious injuries. "Armstrong's sentence totally fails to address the devastating injuries to Brian Hanley," the prosecutor said. "I hope our legislators will make the punishments tougher for these extraordinary cases."


Nonprofit launches project to help veterans with TBI

For veterans returning from Iraq with traumatic brain injuries, life can spiral out of control. They lose memory and concentration, they cannot maintain relationships, they are unable to work and lose jobs. They feel isolated, frustrated and angry. The 10 in 10 Project, a New York-based nonprofit, is launching its Ticket to Hope campaign, sending brain injury recovery kits to people with traumatic brain injuries. The kit includes a DVD tutorial, teaching keys to recovery, finding a buddy, getting rest, accepting your new life and setting a routine, claims founder of 10 in 10 Karen Fowler. The kits, however, are not a cure-all. They are complicated and people with traumatic brain injuries might not have the cognitive skills to use them, said Diane Tripplet, director of the Brain Injury Association
of Maryland.

Fowler was inspired to start the project because her brother suffered a brain injury from a car accident 25 years ago. "Obviously, the whole family was devastated," she said. "It's like having a wheelchair in your head and nobody can see that wheelchair." At the time, Fowler lacked knowledge about these injuries. By watching the DVD with her brother, she was able to understand his injury. Not all of the 5.3 million Americans living with disabilities from a brain injury have the support system Fowler's brother has. Fewer than two in 10 sufferers receive the aid they need to return to a meaningful life, Fowler said.

Two-thirds of wounded soldiers in Iraq and Afghanistan have had traumatic brain injury, according to the Walter Reed Army Medical Center. Traumatic brain injury is often misdiagnosed in soldiers as post-traumatic stress disorder, said Dr. Ezriel Kornel, director of the Institute for Neurosciences. "People tend to think that maybe they've had a traumatic emotional event and all they need to do is be psychologically managed and they'll get better," Kornel said. "There are a lot of people who sort of fall by the wayside."


Pennsbury teen no longer in coma

Ashley Zauflik, the Pennsbury High School junior was the most seriously injured in an out of control bus accident Jan. 12 that hurt 16 other students. Surgeons continued to work on Ashley's left leg Friday morning, which was amputated above her knee more than one week ago as a life saving measure, said William L. Goldman Jr. the family's attorney. The Zauflik family is currently deciding what type of surgery is best to attend to Ashley's fractured pelvis and possibly fractured right ankle, he said. Although she is no longer in a medically induced coma, Ashley remains on heavy dosages of pain medication.

Ashley Zauflik was able to breathe on her own for more than five hours straight Thursday night. Doctors at the Hospital of the University of Pennsylvania are gradually trying to remove the 17-year-old from the ventilator. But it's being reattached so she can sleep more comfortably at night. The medical staff is closely monitoring how stressed her body becomes when breathing on its own. But doctors are optimistic that in the days ahead they can take her off the ventilator completely. Without the breathing device, Ashley was able to say a few words and she is aware of her circumstances.

Goldman referred to the Zaufliks as remarkably strong and buoyed by the community's support. Ashley's story has inspired dozens of friends, relatives, businesses and complete strangers from all over Bucks County, Pennsylvania and across the country to rally together to organize fundraising events and collect donations for her and her family.
Ashley's parents Paul and Marguerite told her about the community's involvement. Ashley responded with some head motion, Goldman said. "The family's prayers are being answered," he said. "Ashley knows people are pulling for her, which is wonderful."


January 30, 2007

NFL Funded Study on TBI's in Players Sparks Controversy

In October 2005, ESPN Magazine featured a study investigating the effects of brain trauma in football players. The study was conducted by researcher doctors on the Mild Traumatic Brain Injury Committee (MTBIC). The committee is commissioned by the NFL and is chaired by the New York Jets' team doctor, Elliot Pellman. The study focused on the occurrence of multiple concussions in NFL players. After the recent suicide of NFL player Andre Waters, the study's results have been called into question.

The MTBIC's credibility has been called into question for 2 main reasons: 1) It is funded by the NFL and 2) Elliot Pellman is a rheumatologist (only neurologists are trained to study the brain) and obtained his medical degree in Mexico, not Stony Brook as he claimed. Most of the data released from the study contradicts other research from major neurological organizations. For instance, the MTBIC reported that there is "no evidence of worsening or chronic cumulative effects of multiple MTBIs in NFL players." This finding contradicts the results of a study conducted by the University of North Carolina that reported that multiple mild TBI's can severely damage the brain. The MTBIC also concluded that a player returning to play after a concussion "does not involve significant risk of a second injury either in the game or during the season." Their conclusion contradicts a 2003 NCAA study that involved nearly 3,000 college football players. The NCAA found that players who suffer a concussion are more susceptible to further brain and head trauma for up to 10 days after the initial injury. It has also been reported that Pellman and his researchers did not include all relevant data on all players with concussions - they only chose to use information that would support their conclusions. These findings are alarming since the MTBIC study has prompted 52% of players to return to the game after suffering a concussion.

The MTBIC's study has sparked controversy in the medical field yet nothing has been done about it in the NFL. Perhaps there has been a lack of general public outrage because football fans are so blinded by the allure of the American sport.


Baton Rouge Parents Sue in Son's Bus Fatality

The parents of a 5-year-old boy run over by a school bus have filed a wrongful death lawsuit against the driver and the East Baton Rouge Parish School Board. Benito Miranda Lopez and Nancy Miranda Gonzaga contend that Marco Miranda would not have been killed on Jan. 18 if the school system properly had supervised driver Travis White and if he had been cautious enough.

It also accuses the school system of failing to make sure the bus had a crossing arm (a piece of metal or plastic that sticks out in front of the bumper at stops, forcing children to cross several feet ahead of the bus so the driver can see them). A number of states, including Illinois and Wisconsin, require such devices on school buses. Lopez and Gonzaga are seeking damages for wrongful death and emotional distress.

Domoine Rutledge, general counsel for the school system, said he could not comment on the lawsuit Friday because he hadn't seen it. According to the family's lawsuit, the boy was trying to cross the street when the bus "suddenly moved forward." School officials and police are investigating what happened. No charges have been filed. The school system has placed White on administrative leave, pending its own investigation. Randolph Piedrahita, an attorney for the boy's family, said the family wants to do its own investigation and to see any evidence school officials might have.


Teen Rugby Death Explained

The sudden death of an 18-year-old McCandless youth who collapsed at his family's dinner table in October likely was caused by a concussion he received in a rugby match 10 days earlier, the Allegheny County medical examiner's office has determined.

Studies conducted on the brain of Eric Pelly showed he died of post-traumatic primary cerebral vasculitis, the medical examiner's office said. The condition occurs when brain trauma, such as a concussion, causes blood vessels to become inflamed, which can lead to sudden death. Dr. Bennet Omalu of the medical examiner's office said "Within a reasonable degree of certainty, there was a causal association between the concussive brain injury and the vasculitis." A spokesman from the medical examiner's office said the head injury Pelly suffered led to inflammation of his brain tissue as it healed, which was determined to be the cause of death. Pelly's brain showed signs of swelling, and his death was likely related to his earlier injury.

Mr. Pelly, a senior at North Allegheny High School, lost consciousness shortly after receiving a concussion while playing in a non school affiliated rugby game in September. He was hospitalized for three days. By all indications, he had appeared to have recovered from the injury when, a week after being released from the hospital, he collapsed at the family dinner table. His family performed CPR, but he died later at the hospital.


Supreme Court rejects Minot case

The nation's highest court turned down a request to hear arguments related to a catastrophic train derailment near Minot, N.D. The U.S. Supreme Court issued an order today that states which cases it will review in its coming term. The Minot cases were among dozens which were rejected for oral argument.

The decision pushes the cases back into Minnesota federal court, where Tom Lundeen and about 50 others will seek compensation for injuries suffered in a Jan. 18, 2002, derailment that blanketed a rural Minot neighborhood with
an anhydrous ammonia cloud. Minot-area residents suffered injuries to their lungs, eyes and upper respiratory systems from exposure to anhydrous ammonia, a common farm chemical.

The cases had been filed in Minnesota state court. Canadian Pacific Railway Co. asked to move the cases to federal court, where its lawyers argue the railroad is immune from liability. There are two other groups of cases -
representing more than 1,100 claims - at the federal level.


January 29, 2007

New Study Links Brain Injuries to Quitting Smoking

A study conducted by researchers at the University of Southern California and the University of Iowa found that smokers who suffered from a specific brain injury quit smoking almost immediately after the injury. The University of Iowa provided information about smokers with brain injuries and the researchers at the University of Southern California analyzed the data. Subjects with injuries in the insula of the cerebral cortex reportedly stopped smoking after sustaining the injury. "It is immediate. It's not that they smoke less. They don't smoke, period," said Antonio Damasio, director of the neuroscience department at USC.

The study indicates that individuals stop smoking after an injury to the insula because of the insula's specific function in the brain. The insula is a small island enclosed by the cerebral cortex and appears to serve as a central point for feelings and emotions. The study reports that the pleasure and addiction of smoking derives from this central point. "Because the insula is now recognized as a key structure in processes of emotion and feeling, the fact that insular damage breaks down a learned habit such as smoking, demonstrates a powerful link between habit and emotion or feeling," said Hannah Damasio, co-director of the Brain and Creativity Institute.

The study looked at smokers with damage to the insula and those with injuries that did not include the insula. In total, 69 smokers who suffered brain injuries reported how hard it was to quit smoking and reported whether they had cravings to smoke after quitting. Nineteen of those subjects had insula injurie and 12 of the 19 quit smoking easily and lost all cravings to smoke.

This new study that was recently published in Science journal strays away from other addiction studies in the past that focused on the cortex of the brain. The study's results are innovative and they open up the question of whether a brain lesion can cure an individual's addictions. There is no definite answer yet, but the discovery of the insula as a platform for pleasure and addiction is promising. Researchers hope the results can be generalized for other addictions such as drug and alcohol abuse and overeating.


Teen Recovering After Brain Injury

A little more than a year ago, McKenzie Bruce had just made the cheerleading squad. The self-described "socialite" was treasurer for Gilbert's Highland Junior High School seventh-grade student council. For winter break, her family decided to go on a cruise to Mexico. On Jan. 7, 2006 she suffered a traumatic brain injury in a boating crash that lead to seven surgeries and ongoing daily therapy.

McKenzie suffered her injury while riding in a recreational "banana boat" pulled by a larger motorboat, which family members say took off too fast and whipped her into the water. McKenzie walked out of the water crying, but with no visible trauma. Less than an hour later, she was disoriented, and her father, Jon Bruce, carried her to the cruise doctor. She needed surgery right away for brain swelling. Her heart stopped that night, and though the prognosis was grim, Mexican doctors worked on her nonstop until she was flown to St. Joseph's the next day. When an induced coma didn't work, doctors removed a portion of her right skull to relieve life-threatening pressure. A small part of her brain, which has no known use, was removed when the pressure was still life-threatening.

On Wednesday January 17th, the 13-year-old went back to school for the first time since the accident. Through classes at home, she's managed to keep up with her classmates at the school, where she was a straight-A honor student. On March 24, McKenzie will be presented the Spirit Award by the Brain Injury Association of Arizona for her recovery. She was nominated by her doctor, Peter Nakaji of Barrow Neurological Institute at St. Joseph's Hospital in Phoenix.


1st Study for 9/11 Toxic Toll

New York state has launched the first study of deaths among World Trade Center rescue and recovery workers, a grim toll that now exceeds 100. With a $165,000 federal grant from 9/11 health czar John Howard, the state is contributing at least twice that in staff and resources to study what killed the cops, firefighters and other workers who have died after searching for survivors or helping in the cleanup

"We want to know about every death, so we can evaluate any patterns with fatalities," said Kitty Gelber, chief epidemiologist with the state Bureau of Occupational Health. "People need to let us know who was there and who died." So far, the study has listed "over 100 deaths," Gelber said. The names were culled from the city's WTC health registry, labor unions and news reports, she said. The study is seeking data from the WTC medical monitoring program at Mount Sinai Hospital, the FDNY, medical examiners, and a class-action lawsuit for 9,000 Ground Zero workers.

About 95 workers, mostly cops and firefighters, have died of respiratory illness, heart failure or cancer, said lawyer David Worby. The state has yet to determine the causes of the 100-plus deaths it has identified. Several may involve car crashes or suicides, but all are of interest, Gelber said. The goal is to detect trends to help doctors monitor, test and treat 9/11 workers. The study will gather each worker's medical records before and after 9/11 and their time at Ground Zero or the Fresh Kills landfill or on trucks and barges that moved debris. Researchers will also interview relatives.


Acampo Man Struck by Train

An Acampo self-employed ranch butcher was critically injured when his truck was struck by a train. Mike McMahon, 48, was at one point comatose and doctors had told family members that it could be months before he would wake up. He has since regained consciousness and has begun walking, though doctors have yet to say when he might be able to leave UC Davis Medical Center in Sacramento. On the afternoon of Jan. 12, McMahon was driving and apparently didn't see an oncoming train. The oncoming train struck the driver's side door of McMahon's truck, and he was flown to the hospital by medical helicopter.

Stockton attorney Al Ellis said he will likely file a claim related to the collision, but said he does not yet know if that will lead to a lawsuit. "We feel there was negligence involved in the case and we're still investigating that," Ellis said, declining to add who could be named as negligent but that it could include property owners, the railroad and those responsible for maintaining the road. The rural intersection does not have a crossing arm and Ellis said that could have been a factor in the accident. "It's a very confusing intersection because the stop sign is on the other side of the tracks so a person wouldn't normally be stopping before the tracks," he said.

A spokeswoman for the California Department of Transportation said they do not have current data on that intersection because they have not studied it. Such studies may be triggered by requests from the public or law enforcement. The California Highway Patrol reported that McMahon's music prevented him from hearing the train's horn.


Bicyclist injured on damaged road

An aging cracked asphalt strip of unclear origin has hurt several people. Kaufman and Dallas counties both say section isn't theirs to fix. Kaufman County says Lawson Road belongs to Dallas County. Dallas County says it's
Kaufman County's. It's a two-lane blacktop on crumbling clay soils. Lumber, rock and asphalt trucks pound it, widening and deepening the cracks that create hazards for bicyclists. Dennis Hochgraber is one of them. He
doesn't care who fixes the road as long as it just gets fixed. "My bicycle tire went down into a crack, the fork on the front of my bike snapped, and I did an immediate head-dive into the asphalt and broke my neck in two places," he said, recalling the accident that robbed him of his beloved sport of cycling forever. He had to wear a hard plastic collar for 17 weeks, and his doctor advised him not to cycle again.

A fellow cyclist who witnessed the crash, Byron McKnight, was an organizer of Mesquite's Rodeo Ride, which annually draws thousands of riders. He and other organizers soon decided to eliminate that part of Lawson Road from the route for the event. Mr. McKnight said he watched another cyclist fall on Lawson and break a shoulder. Another rider from Mesquite, Randy Rogers, said he saw a female cyclist take a bad spill.

No repairs have been made to the road since August 2003 when Dallas County officials say, the North Central Texas Council of Governments put the county line 25 feet to the west, placing all of Lawson in Kaufman County. Kaufman County Judge Wayne Gent said Dallas County always took care of the road and therefore is responsible for it.


January 26, 2007

Kentucky Bus Crash Injures Students

According to witnesses a bus carrying 17 Grant County Middle School students on January 17th slowly veered off the left side of the road, veered back onto the road and began to rock, crossing the centerline it slammed into a
utility pole and came to a stop in a ditch. State police, who were investigating the cause of the crash, said they believed no other vehicles were involved.

The trooper who arrived on the scene found several seriously injured students, some were on the bus, some ran in fear and others a neighbor had taken into her home to wait for help. According to a student, blood and glass were everywhere. That same student had hit his head on the emergency door bar at the back of the bus when he was tossed around resulting in three staples put in his head. Two of the students were flown by helicopter to Children's Hospital and one to the University of Kentucky Medical Center. Both children were in critical condition. Seven other students were taken on another Grant County school bus to St. Elizabeth Grant County where they were treated and released. The driver, Angel Young-Howe, was treated at St. Elizabeth Medical Center-South and released. She has been a full-time driver for the school district since August 2004, according to Grant County school officials.

On January 26th the driver of the bus, Angel Young-Howe, was arrested and is now in jail in Grant County. The driver is under arrest for drug possession. She has four charges against her including possession of marijuana and a
controlled substance, along with possession of drug paraphernalia. While coming to Young's house to continue the investigation the Police allegedly found the drugs.


BIA President of NY Kaplen Challenges NFL

Michael V. Kaplen, Esq. president of the Brain Injury Association of New York State challenged NFL Players
Association Executive Director, Gene Upshaw and NFL Commissioner Roger Goodell to participate in a public forum on the dangers of concussions to athletes. "Both the NFL and the Players Associations are glossing over the
dangers of concussions and their impact on players lives," said Kaplen who is a member of the New York State Traumatic Brain Injury Services Coordinating Council.

Last year, Kaplen chaired a conference held at Madison Square Garden and sponsored by the Brain Injury Association on the topic of concussions in sports. Leading national medical authorities participated. Although the NFL and its medical consultant on concussions were invited to participate they declined to do so without explanation. The conference exposed the serious dangers associated with concussions in both amateur and professional sports. Kaplen charged both the NFL and the NFL Players Association with being disingenuous when it comes to concussions and life long consequences stemming from these invisible injuries. He has been a frequent critic of the NFL and other professional sports organizations regarding their reckless practices in allowing players with brain injury to prematurely return to play and the poor example that this policy sets for collegiate and high
school athletes.


Notre Dame Coach Malpractice suit

Notre Dame coach Charlie Weis' medical malpractice lawsuit against two doctors involved in his near-fatal gastric bypass surgery is scheduled to start in Suffolk Superior Court next month.

Weis had the surgery in June 2002 while he was still offensive coordinator for the New England Patriots after unsuccessfully battling chronic obesity for years. He has said he weighed about 350 pounds at the time. Weis
alleges in the lawsuit that Massachusetts General Hospital physicians Charles Ferguson and Richard Hodin acted negligently and left Weis so close to death that he received the Roman Catholic last rites. Weis began bleeding internally soon after the operation and was in a coma for two weeks.

Patriots quarterback Tom Brady, who sat at Weis' bedside when the coach was in a coma, is expected to appear as a witness. A lawyer for the doctors said they did nothing wrong. "It's our position that everything the doctors did fell squarely within the standard of care," William J. Dailey Jr. told The Boston Globe.


Pediatric TBI Significant Health Resource Burden

Pediatric Traumatic Brain Injury (TBI) is a substantial contributor to the health resource burden in the U.S. according to a study published in the August issue of Pediatrics. The study was conducted by researchers at the Center for Injury Research and Policy (CIRP) in the Columbus Children's Research Institute at Columbus Children's Hospital. An analysis was conducted of data from the Healthcare Cost and Utilization Project Kids' Inpatient Database from January 1 through December 31, 2000, which included 2,784 hospitals in 27 states. Based on these data, there were an estimated 50,658 TBI-associated hospitalizations among children 17 years of age and younger in that year, with 15- to 17-year-old patients accounting for the highest hospitalization rate.

"Based on our research, pediatric TBI patients accrue more than $1 billion in total hospital charges annually," said CIRP Director Gary Smith, MD, Dr PHD, the senior author of the study and a faculty member of The Ohio State
University (OSU) College of Medicine. "Injury costs for children are often greater than those for adults because they include acute treatment, long-term rehabilitation and loss of productivity for the parent or guardian. TBIs resulting from unintentional trauma constitute the primary cause of death among U.S. youth and are often the most serious consequences of nonfatal injuries." The study identifies TBI as one of the top ten most costly hospital inpatient diagnoses for children. Primary prevention of TBI is the preferred means of reducing its impact on hospitals, families and society. Intervention strategies to prevent pediatric TBI and evaluations of these strategies are critical because TBI is especially devastating among children.

"TBI has been referred to as the 'silent epidemic' because it occurs so frequently, but is inadequately addressed in scholarly research," said Andrew Schneier, a study co-author with The OSU College of Medicine. "TBI is the most common traumatic event involving the central nervous system, far surpassing traumatic spinal cord injury."


Hold the Stent Please

For some time now, drug-eluting stents have been associated with a higher risk of blood clots (late stent thrombosis). Stents are tiny metal mesh cylinders which prop open a coronary artery that has been reopened by an angioplasty balloon, and drug-eluting stents go a step further by slowly releasing a drug into the artery that prevents reclogging due to tissue regrowth (restenosis).

A recent study published in the New England Journal of Medicine describes a pilot trial in which patients received the drug via a coated angioplasty balloon rather than a coated stent. In this small study, 52 heart-attack patients were treated with angioplasty balloons, half of which were bare, and half of which were coated with the same drug which is slowly released by drug-eluting stents. The balloon was inflated as usual inside the blocked portion of a coronary artery, remaining in contact with the inner wall of the vessel for about 80 seconds, and then deflated.

After six months, re-blockages had occurred in almost half of the patients with uncoated balloons; but only one patient treated with a coated balloon suffered re-blockage. After one year, heart attacks and other serious events occurred more often in the uncoated-balloon group.

Although the study was small and will need to be repeated, the drug-coated balloon may be a gentler way to open an artery than a stent, which unavoidably causes some damage, with resultant scar tissue growth, as it's pressed forcefully into the artery.


Burg Simpson Files Suit on Behalf of a NY Woman Who Took Ortho Evra

Burg Simpson Eldredge Hersh & Jardine, P.C., announced in November 2006 that it had filed a lawsuit against Johnson & Johnson, the makers of the Ortho Evra birth control patch, on behalf of a New York woman who suffered a pulmonary embolism due to her use of the Ortho Evra birth control patch.

At the age of 21, the plaintiff began using the Ortho Evra birth control patch in November of 2003. Within 3 months, she was hospitalized and diagnosed with a pulmonary embolism. As a direct result of the pulmonary embolism she suffered while using Ortho Evra, the plaintiff is precluded from using any hormone therapy treatment for contraception or menopause, and she is more inclined to experience future medical complications as a result of the injuries she sustained during her use of the Ortho Evra birth control patch.

Plaintiff alleges that at the time of use of Ortho Evra, Johnson & Johnson knew or should have known that the use of the Patch created an increased risk to consumers of serious personal injury, including stroke, pulmonary embolism, blood clotting, and even death. Johnson & Johnson's knowledge of the risks involved with using the Ortho Evra birth control patch and their failure to warn consumers solidifies their reckless disregard for the safety of the women using Ortho Evra.


Blood Clotting - A Severe Side Effect Associated with Use of the Ortho Evra Birth Control Patch

One of the most serious side effects identified with use of the Ortho Evra Birth Control Patch is blood clotting. In November 2005, Johnson & Johnson revised its labeling for Ortho Evra, admitting for the first time that the Patch exposed women to 60% more estrogen than a 35 microgram birth control pill. Because higher estrogen levels are known to increase the chance of blood clots, which can cause deep vein thrombosis, pulmonary embolism, as well as heart attacks, strokes and even death, the revised label proves that the Patch poses far more danger to women than the Pill. In fact, this increased exposure to estrogen makes the Patch comparable to the high-dose estrogen forms of the Pill that the FDA required to be removed from the market in 1988.

On September 20, 2006, Johnson & Johnson admitted in its revised product labeling that women on the Patch may be at greater risk of developing blood clots in the lungs and legs than women using birth control pills. In fact, a study sponsored by Johnson & Johnson indicates that the Patch may expose women to a doubling of the risk of blood clot injuries.


A Brief History of the Ortho Evra Birth Control Patch

In April 2002, Johnson & Johnson introduced the Ortho Evra Birth Control Patch, which is promoted as being more convenient then the Pill due to its weekly application for three consecutive weeks. Unlike oral birth control, which undergoes first-pass metabolism in the liver, the progestin and estrogen in the Patch are released directly into the bloodstream. The Patch was marketed to consumers as providing the same safety profile and efficacy as the birth control pill in preventing pregnancy, but with more convenience than birth control pills because it is worn on the skin for three consecutive weeks, with the fourth week being "Patch free." The aggressive marketing campaign, often describing Ortho Evra as "the Pill in a Bandaid," resulted in sales of more than $424 million in 2005, based on 9.3 million prescriptions.

In 2004, about a dozen women, mostly in their teens and early 20's, died from blood clots believed to be related to their use of Ortho Evra. Dozens more survived strokes and other blood clot related events. The first death known to be associated with Ortho Evra occurred in April 2005, when an 18-year old Manhattan woman collapsed and died in a New York subway station.

Many executives of Ortho-McNeil have given deposition testimony and about five million pages of documents have been produced. Discovery to date reveals that Ortho-McNeil's own studies documented the problems and that one study was suppressed because its outcome and conclusion was not favorable to Ortho-McNeil.


January 25, 2007

Teen Train Crash Victims

The conditions of two teenagers injured in Friday January 19th's car-train accident in Syracuse remained unchanged Sunday morning at University Hospital in Syracuse. The injuries occurred after a van driven by their mother, Deborah Price, slid down a road and became trapped between the crossing arms of a railroad signal as a train was approaching. As they ran from the van, Zachary Price slipped and fell between the train tracks. Marylynn Price went back to help him out. The train struck the van and sent it rolling over both Zachary and Marylynn Price, state police said.

Zachary Price suffered severe chest and internal injuries, a broken pelvis and a broken leg. He underwent emergency surgery at St. Elizabeth Medical Center before being transported to University Hospital. Marylynn Price also underwent emergency surgery after suffering internal injuries, a broken pelvis and a broken leg. Zachary Price, 16, is in critical condition, and his sister, Marylynn Price, 18, is in serious condition, a hospital official said.


Pennsbury Bus Driver Suspended With Pay

Bus driver John McCleary, the man behind the wheel in an accident that injured 17 Pennsbury High School students, has been suspended with pay. McCleary has said he tried to brake, shift out of gear and turn off the
engine but could not stop the bus until he steered it into the wall. An attorney for the most seriously injured student Ashley Zauflik said Monday that the girl is improving but still in a medically induced coma. Zauflik can't speak because of a tube in her throat but has communicated with her family using head motions. She had to have her left leg amputated above the knee last week.

The National Transportation Safety Board said last week that, after a preliminary investigation, it has not been able to find any mechanical problems with the school bus that injured 17 students. Neil Harkins, the Falls Township public safety director, said last Monday he was told about the earlier accident by an investigator for the NTSB, which is trying to figure out why Bus 42 lurched forward Friday, injuring 14 students on a sidewalk, then rammed the wall, injuring three who were on the bus. "The same bus was involved in an accident in 1994 in the lot of the high school," Harkins said. "The driver indicated at that time that the accelerator stuck, causing her to lurch forward into another bus." Harkins said he had no additional details. "Our preliminary examination of it is the systems are
still operable in this bus," one official said at a press conference Thursday.

NTSB investigators said they don't know how the bus could have just roared off on its own or why, if engaged, the emergency brake didn't work. The NTSB said it has not been able to recreate these conditions, witnesses did
not report seeing any brake lights and there were no skid marks to be found. The school district has a few other models like the bus that reportedly went out of control, and those have been taken out of service.


Putting a Price on Malpractice

The cap on pain and suffering that's part of President Bush's health plan has its share of critics and supporters. In Tuesday's State of the Union address, President Bush said he wants "to protect good doctors from junk lawsuits" through changes in the medical malpractice system. Bush has touted a nationwide cap on malpractice awards for pain and suffering. The cap is modeled after a law that's been in place in California for decades.

Some say the California state law enacted in 1975, is outdated and unfair to injured patients. In contrast, insurers and doctors say it has lowered insurance premiums and kept doctors in the state. The Medical Injury Compensation Reform Act limits pain and suffering damages to $250,000. Steve Charbonneau lost his kidney after a surgical error in December 2005 when doctors at Hoag Memorial Hospital Presbyterian found a 1- by 2-foot blue towel that they left in his body during a previous surgery. Cases like Charbonneau's are typically not worth more than the quarter-million cap because economic damages are hard to prove. Lawyers can argue that he can work with one kidney and the future health care costs resulting from the loss are tough to predict.

An estimated 89,000 people die each year from hospital mistakes thousands more are sickened or injured. Most of these patients and families don't even file lawsuits. Although there's a common perception that frivolous or "junk" lawsuits abound, many patients, at least in California, have trouble finding an attorney to take their case. With costs of $50,000 to $100,000 to hire expert witnesses and other legal fees, the cases are a risk to take on. "There's a lot of malpractice that no one sues a doctor for because no attorney would take a case where they're going to risk so much of their own money to try to prove the truth," said James Daily, the lawyer representing Charbonneau. Most malpractice cases are settled in mediation discussions involving attorneys from both sides.

An alternative to litigation is gaining popularity. Its The Sorry Works Coalition (www.sorryworks.net). It proposes that hospitals and doctors practice full disclosure with apologies, with patients and families. The policy is based on a program practiced by the University of Michigan's health care system. Since the program was adopted in Michigan in 2002, the number of lawsuits has dropped by half, with an estimated yearly savings of $2 million in legal bills. Doctors may be reluctant to apologize or express sympathy to a victim of a medical error because of the culture of perfection in medicine. Also, hospitals and doctors have typically been encouraged by legal advisers to not discuss the error. "When you stop communications, cut off the relationship, not return phone calls, all in an effort to mitigate losses, it makes patients and families extremely angry," said Sorry Works spokesman Doug Wojcieszak. Medical malpractice lawsuits often are driven by a need for answers and a desire to prevent the error from happening to someone else. Admitting the mistake, offering to waive hospital bills, explaining how it won't happen again - it's just good customer service, Wojcieszak said. "It's a heck of a lot cheaper to do that than to go and fight it in court," he said. "If you cut people off, don't be surprised when they come back with a trial lawyer in tow."


Progesterone Promising Treatment for TBIs

Emory University researchers have found that giving progesterone to trauma victims shortly following brain injury appears to be safe and may reduce the risk of death and the degree of disability. Emory's researchers designed a
clinical trial to assess the promise of progesterone for treatment of TBI. Their three-year pilot study, called ProTECT (Progesterone for Traumatic brain injury--Experimental Clinical Treatment), enrolled 100 participants. The researchers hoped to find preliminary evidence that the treatment might be effective.

People enrolled in the study had a "blunt" traumatic brain injury, which typically occurs from a car accident, motorcycle crash or a fall. Four out of every five patients (80 percent) enrolled received intravenous
progesterone, and one of every five (20 percent) received placebo. "We found encouraging evidence that progesterone is safe in the setting of TBI, with no evidence of side effects or serious harmful events," says David
Wright, MD, assistant professor in the Department of Emergency Medicine at Emory and lead author of the study. "In addition, we found a 50 percent reduction in the rate of death in the progesterone-treated group. Furthermore, we found a significant improvement in the functional outcome and level of disability among patients who were enrolled with a moderate brain injury."

Progesterone is a promising treatment because it is inexpensive, widely available and has a long track record of safe use in humans to treat other diseases. In fact, no new medical therapies have been developed for
traumatic brain injuries in over 30 years. Progesterone is naturally present in small but measurable amounts in the brains of males and females. Laboratory studies suggest that progesterone is critical for the normal
development of neurons in the brain and exerts protective effects on damaged brain tissue. "Our research has found that male and female rats with brain injury developed less brain swelling and recovered more completely when they are treated with progesterone shortly following the injury," Dr. Stein explains. "The hormone seems to slow or block damaging chemicals that are released after a brain injury, protecting the brain from the death of brain
cells."

The research team is now planning a large, multi-center, phase III clinical trial designed to test the effectiveness of progesterone in 1000 patients with TBI and hopes to secure funding from the NIH for this project. They also hope to study the effects of progesterone treatment in animal models of blast-related brain injury, a major cause of death among combat personnel. They plan to implement a study of progesterone to treat pediatric brain injury as well, because brain injury is a leading cause of death and disability in children.


New Blood Test Could Save Lives

GRACE Labs LLC in Dekalb, GA has been working on a new technique to detect brain trauma such as stroke, epilepsy, and traumatic brain injuries. The new technique developed by the Georgia lab uses a blood test to predict and detect the occurrence of brain trauma. The blood test is simplistic and works quickly to detect brain trauma earlier than tests in the current medical market.

Early detection of brain trauma is important in the treatment and rehabilitation of brain injury sufferers. When a brain trauma is detected early on, less damage is done to the brain. This also leads to better chances of an easier recovery for the patient. GRACE Labs' blood test identifies brain trauma by detecting abnormal amounts of peptides in the brain. High levels of peptides in the brain are an indication of brain trauma.

The blood test is already being marketed overseas within the European Union and GRACE Labs expects US FDA approval within the next year. GRACE Labs also hopes to market the blood test to developing countries, such as Africa and European Block countries. Currently, the only tests available to those countries are MRI's that cost over $1500. Most citizens cannot afford such tests and often live with undetected brain trauma. GRACE's blood test costs less than $100 and can help alleviate this problem.

GRACE Labs LLC is part of CIS Biotech. CIS Biotech specializes in cost-effective blood tests that detect ischemic stroke and cerebrovascular abnormalities. Both of their tests have been approved for use in the EU.


January 24, 2007

New direction in lawsuits for small businesses

To see the latest front in the war over illegal immigration, take a look at Mordechai Orian. The 41-year-old owns Global Horizons, a Los Angeles-based service that supplies seasonal agricultural workers to apple, blueberry, and
potato growers across the country. In May, Orian lost one of his biggest clients: Munger Bros., a Delano, Calif., blueberry farm, which decided to use a rival labor supplier, J&A Contracting of Bakersfield, Calif. Munger Bros. executives say they switched suppliers when Global Horizons failed to live up to its contract, but Orian suspects a different motive. J&A, he says, provides cheaper, illegal workers, scooping workers up on street corners by the vanload and delivering them to farms. He says he has evidence of falsified Social Security cards to prove his assertions. And rather than filing a complaint with the federal government, Orian is taking both Munger and J&A to court.

70% of small-business owners declare illegal immigration a "very serious" or "serious" problem, according to a survey by the National Federation of Independent Business. Politicians have become mired in a morass of proposals for immigration reforms, guest-worker agreements, and border fences. Meanwhile, entrepreneurs who scrupulously follow the law are routinely victimized by competitors who hire cheap, illegal labor. Now, tired of waiting for the legislative branch to solve the problem, entrepreneurs are turning to the courts. Their actions have put illegal immigrant employers on notice: Break the immigration laws and you have not only the government to fear, but your fellow business owners as well. David Klehm, Orian's lawyer, says that his suit is the first of its kind, but
experts say it presages a new era. Some observers see the recent lawsuits as pointing to a potential solution to the country's immigration issue. If enough entrepreneurs and employees hold illegal employers accountable
through the courts, says Vernon Briggs Jr., professor of industrial and labor relations at Cornell University, fewer illegal immigrants will be able to find jobs here. "They will deport themselves if they can't find employment," he concludes.

But for Orian, whose case is expected to be decided this spring, the battle is a matter of pride as well as price. He's an immigrant himself - he arrived from Israel in 1997 - and while he has yet to become an American citizen, he is the proud holder of a green card. His example, he says, proves that immigrants can be successful in business while staying on the right side of the law. "I'm not against anyone trying to make a better life," he says. "But after doing it myself, it hurts to see people using shortcuts, and other people taking advantage."


Former Johnson & Johnson VP Files Suit

In December 2006, a former Johnson & Johnson VP filed suit claiming that he was fired for seeking recalls on several products that he claimed were faulty, including the Ortho Evra birth control patch. Johnson & Johnson claims that the former VP was fired for inappropriate conduct. Dr. Joel S. Lippman worked for Johnson & Johnson for 15 years and was terminated on May 15, 2006. In his civil complaint he claims that he was unlawfully terminated for repeatedly complaining about product safety issues and urging that several products be recalled or not launched at all.


FDA Considering New Standards for Birth Control Drugs

The government, along with the FDA, is considering to set a new standard of effectiveness for new contraceptive drugs before they are put on the market. A panel of experts is set to meet on January 24, 2007 to discuss this issue.

The FDA has said that newer contraceptives seem to have twice the failure rate than previous products, most likely because companies have started using lower doses of hormones that stop ovulation.

"The very first pills were very high dose and carried risks of blood clots and cardiovascular problems that would be unacceptable to most women," said Amy Allina, program director of the National Women's Health Network. "Today most birth control pills are very safe for the vast majority of women."

The panel is also likely to discuss the new innovative products that are currently in development. One such innovative product, Ortho Evra, presented some problems for the FDA back in September 2006 when the FDA had to warn women using the Ortho Evra birth control patch that they could be at a higher risk of developing blood clots in the legs and lungs.


Recent Railroad Accidents in Washington D.C.

A series of accidents in the past 15 months, a derailment this month that injured 20 passengers and the deaths of four workers struck by trains, has prompted federal safety officials to take a hard look at the nation's second-busiest urban rail system after the New York City subway. In the most recent accident, on Jan. 7, one car of a six-car train slipped off the track as the train pulled into the Mount Vernon Square station beneath the Washington Convention Center. The derailment sent 20 people to the hospital and forced the evacuation of about 60 passengers from two cars that were stuck in the dark tunnel.

About six weeks earlier, two track workers were struck by a train and died. That followed the deaths of two workers struck in May 2006 and October 2005. Metro officials said they are eager to get to the bottom of the recent
accidents, but insist it's too early to draw conclusions. Officials with the National Transportation Safety Board, which is investigating the recent incidents, say they are concerned about the frequency of train accidents in recent
months
.

The system has seen frequent derailments of a new type of rail car brought on line starting in 2001. While those derailments did not involve passengers and occurred mostly in rail yards, the cars in question are the same kind
that went off the track earlier this month. The NTSB is looking at the past derailments as it investigates the most recent one. But so far the board has not publicly drawn conclusions or recommended changes, and Metro says it has no plans to remove the cars from service. Investigations into the recent worker deaths are also still pending, but Metro has initiated some changes. New rules allow track inspections only during off-peak periods and call for
trains to slow down to less than 20 miles per hour around track workers.


Michael J. Fox Foundation Helps Fund TBI Drug Company

Allon Therapeutics Inc. is a biotechnology company based in Vancouver,Canada. The biotech company specializes in the development of drugs that prevent neurodegenerative conditions such as mild cognitive impairment, Alzheimer's, MS, and traumatic brain injury. Allon's leading drug, AL-108, is a drug that has been proven in animal studies to prevent the degeneration of neurons in the brain. The drug has shown promising results in animals with simulated Alzheimer's and stroke.

AL-108 prevents and treats neurodegeneration by interacting with the protein - tubulin - that forms microtubules in the brain. Microtubules are essential in preventing deterioration in the brain since it is in the communication pathway inside neurons. The constant assembly of microtubules helps the nervous system regenerate itself to prevent brain degeneration.

Actor Michael J. Fox announced that his foundation will help fund Allon's research on how their drug may help Parkinson's disease sufferers. Parkinson's disease results from the deterioration of neurons that produce dopamine. Abnormal production of dopamine causes the brain to receive spastic nerve signals which leaves sufferers unable to control movement. Many Parkinson's suffers cannot talk, walk, or take care of themselves. The disease has no known cause or cure, and it affects about 1 million Americans. Fox was diagnosed with Parkinson's disease in 1991 and started his foundation in 2000. Since its start in November 2000, the Michael J. Fox Foundation has raised over $90 million with proceeds benefitting Parkinson's research.

Allon's study funded by the Michael J. Fox Foundation will test AL-108 in 2 types of Parkinson's disease in animals. If positive results are found, the drug will move immediately to a Phase II efficacy trial.


State Farm to Settle Katrina Lawsuits

State Farm Fire & Casualty Co. agreed Tuesday to settle hundreds of lawsuits by policyholders and reopen and pay thousands of other disputed claims. The landmark deal is potentially worth hundreds of millions of dollars for Mississippi homeowners devastated by Hurricane Katrina. The settlement calls for State Farm to pay about $80 million to more than 600 policyholders who sued the company for refusing to cover damage from the Aug. 29, 2005,
storm. State Farm also agreed to pay at least $50 million if not hundreds of millions more because there isn't a cap on the amount, to thousands of Mississippi policyholders whose claims were denied but didn't sue the company.

State Farm's agreement with Mississippi State Attorney General Jim Hood and lawyers for the more than 600 policyholders resolves a civil lawsuit that Hood filed against the company for refusing to cover damage from Katrina's storm surge. The accord also resolves Hood's criminal probe of allegations that the insurer fraudulently denied claims after the August 2005 storm.

State Farm, the state's largest home insurer, says it already has paid roughly $1.1 billion for about 84,000 property claims in the state. State Farm and other insurers paid for Katrina's wind damage, but Hood and hundreds of policyholders sued the companies over their refusal to pay for more than $2 billion in damage from the storm's wind-driven surge. Each of the policyholders will receive an average of $125,000.

A "class action" component of the deal requires the company to reopen and review claims filed by roughly 35,000 policyholders who live in Mississippi's three coastal counties but didn't file lawsuits against State Farm. After reviewing those claims, the company will be required to make new offers. Any disputes will be heard by an arbitrator whose decision would be binding. Hood said State Farm must pay a minimum of $50 million to these
policyholders after their claims are reviewed. However, depending on how many policyholders qualify, the company could end up paying hundreds of millions of dollars more than that.


Psych Disabilities Fare Worse in Discrimination Lawsuits

Sixteen years after Congress enacted the Americans with Disabilities Act (ADA), people with psychiatric disabilities are faring worse in court cases against employers for discrimination than are people with physical
disabilities, researchers have found in a national study. "People with psychiatric disabilities were less likely to receive a monetary award or job-related benefit, more likely to feel as though they were not treated fairly during the legal proceedings and more likely to believe they received less respect in court," said Jeffrey Swanson, Ph.D., a study investigator and an associate professor of psychiatry at Duke University Medical Center.

The study team, which included researchers from three universities, reviewed court settlements and judicial decisions from 4,114 cases filed between 1993 and 2001. Team members also conducted telephone interviews with a representative sampling of 148 plaintiffs who had a psychiatric disability and 222 plaintiffs who had a physical disability, to find out how they felt about the outcome of their case. The researchers found that 37 percent of plaintiffs with psychiatric disabilities received a settlement from the defendant or a court ruling in their favor, compared with 49 percent of plaintiffs with physical disabilities.

The findings appear in the issue Volume 66, Issue 1 of the Maryland Law Review. The research was funded by the National Institute of Mental Health. The researchers said the study is the first to examine how individuals with
psychiatric disabilities fare in the court system. "The findings shed light on a significant problem that needs to be addressed through continuing education of judges, lawyers and others responsible for enforcing the ADA,"
said study team member Scott Burris, James E. Beasley professor of law at Temple University. "It's not enough to give people employment rights on paper. The legal system has the responsibility to ensure that everyone has a
fair chance to vindicate their rights in practice." "A common complaint about the ADA is that the law is a boon for people with psychiatric and other 'trivial' disabilities, and our research shows this isn't correct," said Kathryn Moss, Ph.D., principal investigator of the study and head of disability research at the Cecil G. Sheps Center for Health Services Research at the University of North Carolina at Chapel Hill. "We have consistently found that painfully few people with psychiatric disabilities receive protection from the ADA's employment discrimination enforcement
system."

The EEOC and the court system rely on the American Psychiatric Association Diagnostic and Statistical Manual to determine which psychiatric illnesses fall under ADA protection. Recognized diseases include schizophrenia,
bipolar disorder, depression and most anxiety disorders.


January 23, 2007

Local Renowned Athlete Runs to Benefit Spinal Cord and TBI Rehabilitation Center

Nearly 15 years ago Diane Van Deren could not drive or bathe herself because of debilitating seizures. The only thing Van Deren could do to offset the frequent seizures was run. "Whenever I had a premonition that I was going to have a seizure, I'd put on my tennis shoes and head off on a mountain trail," said Van Deren. "I never had a seizure while I was running, so the mountains became my safe spot." Three years ago Van Deren underwent a last resort surgery to stop her seizures. Now, 3 years later, the Denver resident makes a living running and has won her last two 100-mile races.

Races of 100-miles are more are referred to as ultra marathons and the ultra runners that run them are extremely dedicated to the sport. For some, the sport is a healthy addiction that has replaced an unhealthy one, and for others it is simply a way to push their bodies to the limit. For Van Deren, being an ultra runner is a means of showing the world that everyone has obstacles in life and those obstacles can always be overcome. "My legs are my words," she said. "Everybody has trials. Mine was epilepsy, but you can get through those tough things."

Van Deren's newest quest is the Iditarod Invitational. The race is a 350 mile journey through the Alaskan wilderness, on foot, pulling a sled loaded with survival gear. The race is scheduled to for February 24th. Van Deren will have a teammate for this race, another ultra runner, and they hope to finish the trek in 8 days or less. All of the funds raised for the event will go directly to charity. Van Deren has chosen Craig Hospital in Englewood, CO for her charity. The hospital is the spinal and brain injury rehabilitation center that Van Deren was treated at following her brain surgery.


Iowa plaintiffs file lawsuit against Microsoft

An Associated Press business report states that plaintiffs in Iowa's class-action antitrust lawsuit against Microsoft Corp. claim they have uncovered information that indicates the software company is violating its 2002 agreement with the U.S. Department of Justice. The alleged misconduct surrounds Microsoft's responsibility to share software APIs known as application programming interfaces, which let disparate programs work together. The Iowa plaintiffs' attorneys have alleged that Microsoft has not disclosed certain APIs to other software developers who want to make programs compatible with Microsoft software.

The same API issue put Microsoft in trouble with the European Commission, which imposed a 3 million-euros-a-day fine last July for failure to provide proper software documentation. In response, the company provided 8,500 pages of documentation in November. Microsoft attorney Rich Wallis said he doubted the Iowa case had turned up any information that would surprise the federal government and its independent experts who monitor the 2002 antitrust settlement. Microsoft must appear before a federal judge quarterly on the matter, and at the most recent hearing, in December, the judge said Microsoft was complying.

Plaintiffs' attorney Roxanne Conlin represents thousands of Iowans who purchased Microsoft software between 1994 and 2006. They claim that the company engaged in anticompetitive conduct that caused customers to pay at
least $300 million more for software than they would have if there had been competition. Microsoft denies the allegations, and its attorneys said they'll show Iowa customers received quality products at a fair price.


FDA scrutinizes birth control drugs

According to a report from the Associated Press - The government is considering setting higher standards for birth control drugs used by millions, saying that newer pills appear to be less effective at preventing pregnancy than those approved decades ago. The Food and Drug Administration will ask a panel of experts Tuesday and Wednesday whether it should require new contraceptive drugs to meet a standard of effectiveness before they are approved for the market.

11.6 million women between the ages of 15 and 44 use birth control pills, according to a 2005 survey by the Guttmacher Institute, a nonprofit research group. The FDA says newer contraceptives have been less effective - at times, with twice the failure rate - than previous products. Most likely because manufacturers have started using lower doses of hormones that stop ovulation. Many women depend on birth control pills to prevent serious
birth defects associated with other drugs such as the acne medication Accutane.

The FDA will ask its experts whether the benefit of that improved safety profile outweighs a slightly increased risk of unwanted pregnancies. The original birth control pills approved in the 1960s allowed less than one pregnancy when taken by 100 women for at least a year, the FDA said. But in the last decade, the government has approved pills allowing more than two pregnancies for every 100 woman-years of use. Government scientists are in
disagreement over whether there should be a strict limit on the failure rate a drug can have and still be approved. And they are looking at requiring manufacturers to include a more representative mix of women in the clinical trials for their new products.


Fosamax side effects and consequences

Fosamax is made by Merck and has been prescribed for Osteoporosis. It has been recently reported that Fosamax is connected to widespread necrosis. Five years ago oral surgeons and dentists began noticing a connection
between jaw decay and taking the drug Fosamax. At first they thought it was only a risk to cancer patients, but in the last two years, several oral surgeons have become convinced that oral biphosphonates such as Fosamax can
also cause jawbone death for others when taken over a long period of time.When taking Fosamax one must stay upright for at least 30 minutes after taking the medication or severe reactions can occur. Any antacids, supplements or medicines that contain aluminum, calcium, magnesium or other minerals can interfere with how the body absorbs Fosamax. The medication may also be harmful to an unborn baby and therefore should not be used by pregnant women. Today, dentists are being advised to refrain from using any invasive procedures for patients taking Fosamax because once the necrosis starts, it is very difficult to treat and is not reversible. Thosetaking
Fosamax should pay careful attention to any unusual reactions especially for those who have developed complications such as severe bone, joint, and/or muscle pain, heartburn, difficulty or painful swallowing or chest pain. If any of these symptoms occur, individuals should contact a doctor immediately.

The following information has been reported related to Fosamax:

- Fosamax causes a rare disease called osteonecrosis of the jaw, (ONJ).
- New cases are cropping up each day where a patient's jawbone rots and dies.
- The American Association of Endondontists issued a statement recommending that dental surgeons should check on whether patients take Fosamax prior to working on their teeth.
- Those taking Fosamax should be considered at risk for ONJ.
- The Food and Drug Administration has ordered the makers of bisphosphonates to list ONJ in its precautions on package inserts.
- A recent medical article revealed that as many as 38% of patients on bisphosphonates therapy have necrosis of the maxilla, the major bone of the upper jaw.

Furthermore, a number of other side effects and symptoms can occur when
using Fosamax, which include:

- Severe digestive reactions including nausea, heartburn, stomach pain, diarrhea, and muscle cramps.
- Inflammation, irritation or ulceration of the esophagus.
- Chest Pain, heartburn or difficulty swallowing.
- Blood clotting disorders.
- Anemia.
- Dental problems.
- Numbness, tight muscles in the face as well as seizures.
- Irritability and unusual thoughts or behaviors.


January 22, 2007

Fen-Phen Lawyer Notes Destroyed

The three lawyers accused of plundering Kentucky's $200 million fen-phen settlement "tore up or burned" notes showing how much they paid themselves and their clients, according to one of the lawyers. Depositions obtained
by The Courier-Journal include Lexington attorney Melbourne Mills Jr.'s description of a secret meeting that he said he and lawyers William Gallion and Shirley Cunningham Jr., also of Lexington, held at Gallion's house in 2001 to divvy up an extra $10 million beyond what they'd already paid themselves from the settlement. "We all agreed to keep it a secret," Mills said. "I think we either tore up or burned the pages it was written on." Angela Ford, the accused lawyers' former clients' attorney, alleges that Mill's description is a "dramatic indication of a cover-up." She has asked that those lawyers and another attorney, Stan Chesley of Cincinnati, who helped negotiate the settlement, be forced to surrender $62.6 million in funds they allegedly misappropriated -- as well as $59.5 million they paid themselves in fees. "Given the damage that these attorneys have done to the profession, allowing them to keep any portion of their fees would be truly unconscionable," she said in a motion to be heard Feb. 12 in Boone Circuit Court.

Kentucky courts have never required a lawyer to "disgorge" or return a fee for misconduct, but courts in other states have done so, according to Ford's motion. In January 2005, after questions surfaced about the settlement,
about three dozen of the former plaintiffs sued their former lawyers, demanding an accounting. More than 400 plaintiffs eventually joined that suit, filed by Ford.


PIAA disputes Public citizen Report on Medical Liability System

The Physician Insurers Association of America (PIAA) commented today on a report released last week by Public Citizen. The report, "The Great Medical Malpractice Hoax," suggests that there is no medical malpractice lawsuit
crisis in America and that the medical liability system produces rational outcomes. The PIAA claims the report contains erroneous conclusions based on inaccuracies and the misinterpretation of the National Practitioner Data
Bank (NPDB). "The PIAA has identified a full range of errors including unsupported statements, misuse of government data, and unwarranted conclusions," stated Lawrence Smarr, president of the PIAA.

The errors identified by the PIAA in the report include, medical liability system produces rational outcomes, the number of payments at $1M or more is small, medical malpractice payments unchanged since 1991 and malpractice
insurers see huge profits.

Regarding rational outcomes Smarr comments, "Medical malpractice claims take 4.5 years on average to conclude, only three out of every ten claimants ever receive anything, and when they do, 40% or more goes to the plaintiff's
injury lawyer. In fact, over 50% of all monies available to pay claims are consumed by the legal system. How can anyone call this a rational system?" The Public Citizen Report alleges that judgments paid at $1 million or more
comprise only 0.25% of all payments made, but most physicians carry policies with limits of liability of $1 million, there are very few claims paid above this level. The NPDB file cannot separate judgments of $1M or more because
they group the payments in levels of $990,001 to $1,000,000 and $1,000,000 or more, thus omitting all $1,000,000 payments. The claim that malpractice payments have not changed since 1991 are misleading because the Medical Care Services inflation index does not include the cost of lost wages, non-medical care, household expenses, pain and suffering, and the claimant's cost for attorney fees and court costs. Regarding malpractice insurers
seeing huge profits Smarr has said that "The medical malpractice insurance industry is attempting to emerge from its third financial crisis in the last 30 years through the attainment of rate adequacy. Unfortunately, the
biggest pressure facing the industry--namely, rising litigation costs--remains unrestrained in most states." Smarr added that tort reform, when enacted, has had a favorable outcome for patients, physicians, and insurers. Smarr conceded, "We agree with Public Citizen regarding the importance of developing patient safety measures to help physicians lower their liability exposure while improving the quality of patient care. However, we question the group's sincerity in truly attaining this objective as this report is another in a series of misleading and ill-prepared
analyses regarding the insurance industry. Once again, Public Citizen has illustrated its lack of credibility by promoting misinformation to further its political agenda."


Bicyclist Struck by Drunk Driver

According to Scott Herhold of the San Jose Mercury News in California on Jan. 21 a 48-year-old Menlo Park woman nearly died when a truck hit her titanium bicycle. According to police, a 1987 red Toyota pickup truck driven by a Hillsborough contractor, Walter F. Sorensen, 76, crossed over two lanes and struck the woman, dragging her underneath the truck wheels. She could have died except that the Toyota hit an asphalt curb, jarring its wheels upward and sending Levenson 35 feet into a gully. Levenson's injuries included a jaw broken in two places, a windpipe crushed, ribs broken, multiple spinal fractures, a broken pelvis, a detached sole of the foot, and many other scrapes and bruises. It took 10 surgeons nine hours to repair the damage.

According to police, Sorensen kept going another 100 feet or so until he was stopped by a driver who had seen the accident and blocked the Toyota's path with his vehicle. The contractor is due to be arraigned on charges
connected with the crash on Jan. 30 in Redwood City. Police say his blood alcohol level was just above .08, the legal definition of drunk. Inside his glove box they found a corkscrew and on the passenger side floor board were
two water bottles smelling of alcohol.


Aspen Backcountry Accident Investigated

The Pitkin County Sheriff's Office and U.S. Forest Service has sent investigators to the scene of a backcountry accident in a popular backcountry spot near Aspen to try to determine who, if anyone, is to blame. Pro snowboarder Doran Laybourn and a snowmobiler the sheriff's office has yet to identify collided around 2 p.m. Sunday along Richmond Ridge located on the back side of Aspen Mountain. What still needs to be determined is whether the accident occurred on private or national forest land, according to Pitkin County Sheriff Bob Braudis. If the accident involved snowmobile use in a closed area of the forest, the Forest Service is more likely to get involved in the investigation, according to Tim Lamb, a ranger with the Aspen-Sopris district.

Laybourn, 26, of Missouri Heights, suffered a shattered leg and extensive facial and head injuries, according to his father, Royal. He remains in Aspen Valley Hospital in stable condition and is undergoing various surgeries, his dad said. The impact knocked the snowmobiler off his sled, and he suffered a concussion, according to two sources familiar with the incident. Royal Laybourn said his son is facing extensive surgery and physical therapy but is determined to recover from his injuries and try to get back on a snowboard.

Braudis said his department interviewed the man who was riding with Laybourn, as well as a passenger on the other snowmobile to try to determine how the accident happened. The passenger came to the sheriff's office
roughly an hour after the incident to report it. Braudis vowed that his investigators will do a thorough job. He said it is too soon to say if charges are warranted: "It's going to come down to whether there is negligence or not," he said. A potentially important piece of evidence could be video from Laybourn's riding partner. The other rider was shooting video of Laybourn throughout the day, but deputies didn't know if the tape was rolling at the time of the accident.


"Ashley Treatment" Not Received Well by Disabled Community

Ashley is a 9-year-old girl who cannot speak for herself. Ashley has a condition called static encephalopathy. This means that she has an permanent brain injury of unknown origin. She does not function like other children her age. She is unable to speak, roll over on her own, and hold herself up to sit. The condition has Ashley stuck in a permanent infant-like state. When Ashley was 6-years-old, her parents and her doctors agreed to perform what is now known as the "Ashley Treatment."

In the "Ashley Treatment," doctors gave Ashley high levels of estrogen to close her growth plates to stop further growth. Ashley will now forever be 4'5'' and weigh 75 lbs. Doctors also removed Ashley's uterus to prevent the onset of puberty and the risk of pregnancy in the case of rape. Her breast tissue was also removed upon her parents request because of a family history of cancer. Her parents also indicated that the absence of breasts would make handling and harnessing Ashley less difficult.

Since Ashley's parents decided to share her story, feminists and disability activists groups have publically protested their decision. Members of these activists groups protested in front of the American Medical Association last week in Chicago. They demanded that the AMA officially condemn Ashley's doctors for performing the procedures.

David, a disabled man with cerebral palsy wrote, "Ashley's parents have committed the ultimate betrayal . . . They have treated their daughter as less than human, not worthy of dignity.... What strikes me about 'the Ashley treatment' and has brought me to tears is that the very people in all of society whom this child should trust have betrayed her." Like Ashley, David cannot sit up on his own, walk, or talk.

Ashley's parents speak publicly of Ashley and their decision on their blog. On their blog, they defend their decision by stating that the procedures that were done on their daughter were not harmful in any way. They say that the procedures done will only make life for Ashley more enjoyable. "Ashley's smaller and lighter size makes it more possible to include her in the typical family life and activities that provide her with needed comfort, closeness, security and love: meal time, car trips, touch, snuggles, etc."

In response to Ashley's parents' justification, David wrote, "Ashley is human. I am human . . . Ashley is me. I am Ashley. And you are Ashley, too."


January 19, 2007

Road Rage Accident Killed Two

Jason Reynolds is on trial in Denver for the alleged road rage accident that caused the deaths of 2 men in November 2005. The tow truck driver at the scene of the accident recalled Reynolds appearing unmoved at the accident scene and quoted Reynolds as saying, "I hope it doesn't sound mean, but the gentleman got what he deserved and what he had coming." Reynold's attorney, H. Michael Steinberg, told jurors that Kelvin Norman was the aggressive driver in the incident and had tried to ram Reynolds car. Prosecutor, Karen Pearson, told the jury that Reynolds was a violent, aggressive driver with a history of road rage.


Clinical Alert Issued for Drug-Eluting Stents

The Society for Cardiovascular Angiography and Interventions (SCAI) has released a clinical alert to doctors, giving practical steps they can take to reduce the risk of bloodclots in coronary artery disease patients implanted with drug-eluting stents. This alert follows hearings held by the FDA's Circulatory Systems Device Panel regarding the use of these devices. While the panel supported the continued use of drug-eluting stents, it also suggested more research to determine if they contribute to an increased risk of heart attck and death.

The SCAI's alert focuses on careful patient selection, meticulous stent implantation, and consistent use of medications to prevent "late stent thrombosis," a condition in which the delayed formation of blood clots block blood flow to the heart.

Drug-eluting stents are mesh tubes that prop open narrowed arteries in the heart, while releasing medication over time that prevents re-narrowing (restenosis) of the artery by preventing the build-up of scar tissue. These stents have been effective at preventing restenosis, but recent studies have shown that patients implanted with drug-eluting stents have a higher incidence of blood clots later on than those implanted with bare metal stents. It's still unclear exactly how much higher the risk is, but Dr. John McB. Hodgson, M.D., FSCAI, the lead author of the clinical alert, says,

"Given this new information, treatment decisions hinge on assessing the balance between the risk of restenosis and risk of late stent thrombosis. It is important for the clinician to consider the risk-benefit ratio for each individual patient."

In the alert, Dr. Hodgson recommends that patients implanted with drug-eluting stents should also take dual anti-clotting medication for at least three to six months after implantation, preferably 12 months, and diabetic patients may need to take the anti-clotting medications even longer.


TBI Victim Numbers

According to the Centers for Disease Control (CDC) Traumatic Brain Injuries (TBIs) contribute to a substantial number and cases of permanent disability annually. Of the 1.4 million who sustain a TBI each year in the United
States 50,000 die, 235,000 are hospitalized and 1.1 million are treated and released from an emergency department. Among children ages 0 to 14 years, TBI results in an estimated 2,685 deaths, 37,000 hospitalizations and 435,000 emergency department visits annually. Direct medical costs and indirect costs such as lost productivity of TBI totaled an estimated $60 billion in the United States in 2000.

Males are about twice as likely as females to sustain a TBI. The two age groups at highest risk for TBI are 0 to 4 year olds and 15 to 19 year olds. Adults age 75 years or older have the highest rates of TBI-related hospitalization and death. Certain military duties increase the risk of sustaining a TBI. African Americans have the highest death rate from TBI. TBI hospitalization rates are highest among African Americans and American Indians/Alaska Natives. The number of people with TBI who are not seen in an emergency department or who receive no care is unknown.

The leading causes of TBI are falls (28%). Rates are higher for children ages 0-4 and adults ages 75 years and older. Motor vehicle-traffic related causes result in the greatest number of TBI-related hospitalizations (20%).
The rate of motor vehicle-traffic-related TBI is highest among adolescents ages 15 to 19 years. Being struck by or against objects (19%) which include colliding with a moving or stationary object are the third leading cause of
TBI. Assaults are the 4th leading cause (11%). Firearm use is the leading cause of death related to TBI. Nine out of 10 people with a firearm-related TBI die. Nearly two thirds of firearm-related TBIs are classified as suicidal in intent. Blasts are a leading cause of TBI for active duty military personnel in war zones.

CDC estimates that at least 5.3 million Americans, approximately 2% of the U.S. population, currently have a long-term or lifelong need for help to perform activities of daily living as a result of a TBI. TBI can cause a wide range of functional changes affecting thinking, sensation, language, and/or emotions. It can also cause epilepsy and increase the risk for conditions such as Alzheimer's disease, Parkinson's disease, and other brain disorders that become more prevalent with age.


Epidural Painkiller Mistake

An Indianapolis mother who received a painkiller many times faster than intended during childbirth says she's still in severe pain three months later. During childbirth on Oct. 8, Methodist officials said, Baise received the wrong dose of an epidural painkiller. In one hour, she got a dose that was supposed to be given over 10 to 12 hours. Initially, it left her unable to walk and with severely limited leg movement.

Amber Baise, 18, has returned to the hospital five times for treatment of the recurring, burning pain in her lower back. Baise can walk only short distances with leg braces and a walker. She also has started seeing a pain therapist and a mental health specialist.

Attorney Nathaniel Lee, who represents the family, is seeking damages. He submitted a complaint on Oct. 20 to the Indiana Department of Insurance against the anesthesiologist, Dr. Gloria Lee, and Clarian Health Partners. The doctor did not return calls, and her attorney and hospital spokesman, Daniel Fagan, declined to comment. In Indiana, patients must first go through a complaint process and wait for a ruling from a physicians panel before filing a malpractice lawsuit.


Comair Pilots Violated Cockpit rules

In the minutes before the crash of a commuter jet that took off from the wrong runway, the pilots discussed their families, their dogs and job opportunities, violating at times a rule against extraneous cockpit conversation, the airline said Wednesday. The National Transportation Safety Board released a transcript Wednesday of the cockpit recording aboard Comair Flight 5191. The transcript also showed that one of the pilots noted something was amiss when he glanced down the Lexington, Ky., airstrip and said it looked "weird" because it had no lights. The transcript was the first public disclosure of the pilots' conversations during the ill-fated flight, which struggled to get airborne after trying to take off from a runway that was too short for passenger jets. The plane went down in flames, killing 49 people in the deadliest American aviation disaster in five years.

The transcript revealed that the flight crew "did not follow Comair's general cockpit procedures," Comair spokeswoman Kate Marx said. "It is unclear what role, if any, this played in the accident, so it would be premature to determine that." In 1981, the Federal Aviation Administration adopted a so-called "sterile cockpit rule" that prohibits, among other things, extraneous conversation during taxi, takeoff and landing. As the pilots went through preflight procedures, Capt. Jeffrey Clay talked about his young children having colds, and co-pilot James Polehinke discussed his four dogs. The two men also talked about pay and working conditions, even as the controller occasionally interrupted to provide instructions. Marx said Comair does not believe those statements violated the rule because they were made before the aircraft began to taxi. However, a later conversation about a fellow pilot was a violation, she said.

FAA spokeswoman Laura Brown said the sterile cockpit policy prohibits "engaging in non-essential conversations within the cockpit." Peter Goelz, former managing director at the NTSB, said a little extraneous conversation among pilots is not unusual, but the extent of the chatter between the Comair crew was rare. "I think that when the human-factors experts at the NTSB analyze the transcripts, they will identify this extraneous conversation as a contributing factor," Goelz said. Polehinke was the only survivor of the Aug. 27 crash, losing a leg and suffering brain damage. He has told relatives he remembers nothing about that morning. According to federal investigators, Clay taxied the plane onto the wrong runway at Lexington's Blue Grass Airport before Polehinke took over the controls for takeoff.

An engineering report also released Wednesday concluded the pilots never tried to abort the takeoff or realized they were on the wrong runway. Sixteen of the passengers suffered smoke inhalation, indicating they survived the initial impact, the NTSB said. Other passengers sustained internal and brain injuries, broken bones, severed limbs and burns. Numerous lawsuits have been filed accusing Comair of negligence. However, the airline has sued the airport and the Federal Aviation Administration, contending they are partially responsible. A week before the crash, the taxiways at Blue Grass were altered as part of a construction project, but the maps and charts used in the cockpits of Comair and other airlines were not updated. The FAA did notify airlines of the changes through a separate announcement.


Aspen Snowmobile and Professional Snowboarder Collision

Snowmass Village resident Justin Gordon, 29, was snowboarding with Doran Laybourn, 26, and another friend Sunday afternoon when he said they decided to ski past Little Annie's Woods, since it was getting tracked out, and to continue along the road in search of virgin powder. Gordon said he was less than 15 feet behind Laybourn when an unidentified man driving a snowmobile smacked into Laybourn. The man driving the snowmobile was driving up a road; Laybourn was riding down it. An eyewitness to the backcountry accident on Richmond Ridge said "The snowmobile was coming in pretty hot around this blind turn. Proper snowmobile etiquette is, like with a car, you generally stay on the right side of the road on turns just in case, God forbid, someone was coming down," Gordon said. "Doran tried to skid out of the way but he didn't have any time at all. The sled struck his right leg and
shattered both bones below his knee and then flipped him over and his face hit (the snowmobile driver's) helmet and broke his cheekbone, his nose and smashed his teeth. Doran was spitting out blood and teeth."

Pitkin County sheriff's deputy George Kremer and U.S. Forest Service ranger Tim Lamb traveled to the Richmond Ridge area on Wednesday afternoon to pin point the location of the collision. According to the officials, the collision happened on privately held land on a packed-down trail that leads to Hurricane Point (also know as Top of the World). The land is part of the Aspen Skiing Co. Powder Tours permit area, and it is not technically open to the general public, said Lamb, although he added that the road is commonly used by backcountry skiers and snowboarders to access Hurricane Bowl, and many ski and snowmobile tracks were visible near the road Wednesday afternoon.


January 18, 2007

Former Football Player Andre Water Patholigist's Report Shows Brain Tissue Deterioration

Former Philadelphia Eagles player Andre Waters forensic pathologist report executed after a self inflicted gunshot wound to the head showed brain damage that may have led to his depression and ultimately his suicide. Dr. Bennet Omalu of the University of Pittsburgh told The New York Times that the condition of Water's brain tissue was that of an 85 year old man. The characteristics resembled that of someone in the early stages of Alzheimer's. The doctor said he believes the brain damage was caused or quickened by successive concussions Waters experienced. According to Dr. Omalu Andre Waters would have been fully incapacitated in another 10 to 15 years.

The Center for the Study of Retired Athletes studied 2,500 former NFL players and found that cognitive impairment, Alzheimer's-like symptoms and depression rose in direct proportion to the number of concussions a player had sustained. The same study was done in 2003 and 2005. Dr. Brent Masel, board member for the Brain Injury Association of America, said, "It strikes me as pretty reasonable. When you look at boxers and the problems they have had, it makes sense that you might find this in a football player, based on what we know."


Rail Car Safety Project

Two train derailments in Kentucky this week came at the same time that The Dow Chemical Co., the Federal Railroad Administration and the Union Pacific Railroad announced an effort to develop a new generation of puncture-resistant rail tank cars. The new cars would prevent hazardous material release in the case of accidents or terrorist attacks.

In the most recent derailment, a CSX freight train carrying chemical cargo derailed and ignited south of Louisville, Ky., on Tuesday, forcing the evacuation of homes, shutting down roads and sending students home from school, Kentucky emergency officials said. Coincidentally, it was the same day as the trio of shipping-interest groups made their announcement. "This alliance demonstrates our mutual recognition that the safe and secure transportation of chemicals and hazardous materials is a shared responsibility between shippers, railroads and governments," said David Kepler, Dow senior vice president, Shared Services, Environment Health and Safety, and chief information officer.

Jim Young, Union Pacific's president and chief executive officer, said 99.997 percent of hazardous material shipments arrive safely by rail. "Rail transportation is the safest way to deliver the chemicals that are critical to our nation," he said. "This memorandum of cooperation between the Next-Generation Rail Tank Car Project Team and the FRA advances a mutual commitment to achieve an even greater level of safe and secure transportation of hazardous materials by all of the players in the logistics chain." Joseph H. Boardman, the agency administrator, said he hoped to issue a final rule for the cars early next year. Boardman would not say when current cars would be replaced, but he said cars used for the most hazardous materials would be replaced first.


Tragic Limo Accident Spurs Regulatory Bill

When teenager Molly Bloom lost her leg after being dragged under a limousine on her prom night, Rep. Gwyn Green had flashbacks to her own son's horrific car wreck. Now the Golden Democrat and other lawmakers are pushing for tougher regulation of limousine, taxi and other commercial drivers, including criminal background checks. The man driving the stretch Hummer that ran over the then-17-year- old East High School student last May as she
stepped into the limo was charged with careless driving. Green said the accident was even more of a tragedy because "the person who was driving was driving, in my opinion, in a careless and reckless way."

"I think we really have to institute some way to protect the public from people who drive so cavalierly," said Green, whose son suffered a broken neck at age 20 when a drunken driver slammed into his car. "I think it's just absolutely imperative to have those background checks for DUI, drug offenses and sexual offenses," she said. Green's House Bill 1019 would require the state Public Utilities Commission to write new regulations for the limo industry, and she plans an amendment to impose similar rules for the taxi industry. She also is co-sponsoring House Bill 1065, introduced by Rep. Jack Pommer, D-Boulder, that would require the Colorado Bureau of
Investigation to conduct state and federal criminal history checks of drivers of taxis, limousines, charter and scenic buses, fire crew transports and buses carrying children.


Drug Trial for TBI

Neuren Pharmaceuticals Ltd has successfully completed a Phase 1 safety and tolerability trial of its second lead candidate, NNZ-2566, which is being developed to treat traumatic brain injury (TBI). The results from the study
were referred to the independent Data Safety Monitoring Committee for review who confirmed the safety profile of the drug.

The Phase 1 trial involved 28 healthy volunteers in four groups who received one of four escalating doses of NNZ-2566 and was conducted at the Centre for Clinical Studies, Alfred Hospital in Melbourne. The maximum dose was 20 mg/kg, delivered over a 10-minute period of infusion. An extension of the NNZ-2566 Phase 1 trial is anticipated to run early in 2007 to evaluate pharmacokinetics with longer infusions of 12 or 24 hours, which takes into account the often greater severity of TBI. Neuren's NNZ-2566 has been developed in collaboration with the US Army's Walter Reed Army Institute of Research. Planning is now well under way for a Phase 2 trial in patients with TBI that will take place in 2007. The target market for TBI is estimated at US $1.5 billion in the US alone.

Mr. David Clarke, Chief Executive Officer of Neuren, said:

"It is great to have confirmation that NNZ-2566 is safe. The dosing regime should provide us with greater flexibility for the Phase 2 trial, due to start this year. We are also exploring other opportunities for NNZ-2566 such as vascular dementia and stroke-related injuries."


Major Brain Trauma May Have Caused Football Player's Suicide

NFL player Andre Waters unexpectedly committed suicide on November 20, 2006 at the age of 44. He was found with a single gunshot wound to the head by his girlfriend. Waters was an defensive back player and played for the Philadelphia Eagles and Arizona Cardinals from 1984-1995. He was best known for his aggressive playing style and even had an official NFL rule put into place after he hit Los Angeles Rams quarterback during a game. After retiring from the NFL, Waters enjoyed a successful career as a college football coach.

Although family members noticed depression in Waters' final years, the reason for his suicide has remained a mystery. Shortly after his death, Dr. Bennet Omalu, an expert in forensic pathology from the University of Pittsburgh, examined Waters' brain. He found that Waters' brain tissue showed signs of degeneration normally found in individuals in the early stages of Alzheimer's. Dr. Omalu compared Waters' brain condition to that of an 85-year-old man and he speculated the damage was due to several concussions sustained during Waters' football career.

Individuals who suffer from multiple concussions often do not know how traumatic the injury is to their brains. Multiple concussions cause permanent damage to the brain as the brain struggles to heal itself after each successive injury. Concussions are also difficult to diagnose; therefore most individuals are not properly treated or rehabilitated for the injury. In the case of several football players, most ignore the signs of mild concussions during games and choose to put their bodies at risk by continuing to play.

During a 1991 game, Waters was hospitalized for a concussion in which he had a seizure-like episode. He played again the next week. During a 1994 interview, Waters was asked how many concussions he suffered from in his football career. He responded, "I think I lost count at 15 . . . I just wouldn't say anything. I'd sniff some smelling salts, then go back in there." Dr. Omalu speculates that the multiple concussions were probably the cause of Waters' spiraling depression that led to his tragic suicide.


January 17, 2007

Workplace deaths falling dramatically

According to the Centers for Disease Control fewer and fewer Americans are perishing on the job due to accidents. They attribute this to a number of factors. There has been an expansion of service industries that are
relatively safe. Tougher worker-safety standards imposed under laws such as the 1970 Occupational Safety and Health Act. A reduction in or export of high-risk mining, metals and manufacturing jobs. An increase in the number
of working women whose accident rate is about a tenth that of men. A decline in the number of small farms where worker fatalities have always been high. Today's workplaces are roughly 40,000 lives a year safer than they were in the 1930s, according to the CDC.

In earlier times on farms, fatalities fell after safer machinery and processes kicked in. In mines, 3,329 Americans died on the job from 1911 to 1915, whereas 159 miners died last year. It has been estimated that industrial workers died on average of 61 per 100,000 men in 1913. Yet, 4 per 100,000 is the most recent rate. Workplace deaths totaled 5,702 for 2005, about 200 shy of the all-time low in 2003. Decline of heavy industry, better safety equipment and OSHA enforcement are among the reasons the death toll has declined. It's a long-term trend in workplace safety that the Centers for Disease Control and Prevention in Atlanta, the nation's top public-health authority, considers "one of the greatest health achievements in the 20th century."


Text-Messaging Causing Car Accidents

State troopers say cell phone text messaging is causing more accidents than ever before. The problem is that while it's easy to spot people talking at the wheel, it is much harder to catch people texting at the wheel. Troopers
are convinced cell phone use is causing wrecks, but drivers never admit to it.

Trooper Lonnie Haschell sees drivers do it, but he can't stop them. "Unless there is another traffic violation that occurs. If you're concentrating on your Blackberry and then you cross that center line, you cross that white
line on the side of the road, you have another traffic violation," Haschell said.

Three states and 50 countries ban phone use in cars. But so far in Texas, only common sense limits texting while driving.


Man Dies in Sandpoint Construction Accident

A 24-year-old construction worker died Tuesday morning while working on new condominiums in Sandpoint, Idaho. According to the Sandpoint fire chief, the man was operating a drilling rig at the Seasons at Sandpoint
development when he somehow became entangled in the equipment. The accident happened around 8:30 a.m., but by the time rescuers arrived the worker had already passed away.

The accident is still under investigation by the Sandpoint Police Department, and federal work safety investigators have been called in to take a closer look. Work on the condominiums was halted after the accident. There is no word on when construction work will resume at the site.


New Device May Help Football Players Prone to Concussions

As football season nears its end, researchers are working on a device that may help detect brain injuries, particularly concussions, in football players. Concussions are the most common injury in the sport of football. Each year, over 40,000 high school football players suffer from a concussion due to the sport. This number does not even take into account college and professional football players. Nationally, over 300,000 individuals suffer from a sports related concussion. As more and more football players suffer from multiple concussions during their football career, coaches and trainers are becoming more aware of the growing problem.

Over the years notable NFL players, such as Troy Aikman and Steve Young, have retired from the sport after suffering from multiple concussions. Multiple concussions in an individual greatly increases the risk of permanent brain damage and even death. Brain injuries often show different symptoms each time one occurs because of the complexity of the brain. The symptoms of a concussion vary in each instance and in each individual. This makes it extremely difficult to diagnose a concussion, thus making an individual more prone to multiple injuries.

DETECT (Display Enhanced Testing for Cognitive Impairment and Traumatic Brain Injury) is a devise that works in as little as 7 minutes to diagnose a concussion after an injury. The helmet-like device works by quantitatively comparing the player's response time after the injury to response times recorded when the player was not injured. Researchers working on DETECT are optimistic that the device may also be used to detect other brain trauma related conditions, such as Alzheimer's, with the device. DETECT is still in its initial stages, but researchers hope to have the product on the market within 2-3 years.


Court Orders Review of Vioxx Class Action Suit

A New Jersey appellate court panel on Tuesday opened the door to a potential class-action lawsuit against Merck & Co. on behalf of people who took its now-withdrawn painkiller Vioxx and want the company to pay for tests to detect possible heart ailments.

The ruling by the Appellate Division of the Superior Court of New Jersey came as jury selection began in Atlantic City for the next product liability trial over Merck's one-time blockbuster arthritis pill. That trial, before Superior Court Judge Carol Higbee, is slated to begin with opening arguments Monday January 22. It includes two plaintiffs: the son of a man who died of a heart attack after taking Vioxx and a retrial for a man who survived a heart attack, lost his first trial against Merck and was granted a new trial because of new evidence. The ruling by a three-judge panel overturned a lower court decision in a case that sought to include patients who have not suffered medical problems but took Vioxx for at least six consecutive weeks before Whitehouse Station-based Merck pulled the drug from the market.

Tuesday's decision said the lower court dismissing the case "prematurely terminated plaintiffs' opportunity" to prove they have a legal claim. Ted Mayer, a Merck lawyer, said in a statement that the appellate ruling only "instructs a lower court to reconsider the validity of plaintiffs' claims after more fact gathering is completed."
"There is no medical science supporting the plaintiffs' position that they need to be monitored for cardiovascular conditions two years after Vioxx was voluntarily taken off the market," Mayer stated. He said Merck is
considering asking the New Jersey Supreme Court to review the appellate ruling. Merck faces more than 27,000 personal injury lawsuits over Vioxx, plus 265 potential class-action suits. At least 14,000 additional plaintiffs
have entered agreements with Merck suspending the time limit for lawsuits.


January 16, 2007

Ortho Evra Heat Precautions

It was already know that Ortho Evra can cause blood clots. Now the maker of the patch is saying that overweight women using the patch are at a particularly high risk of developing blood clots. Janssen-Ortho Inc. (subsidiary of Johnson & Johnson) also warns that women should not expose the Ortho Evra patch to sources of heat such as saunas and whirlpools. The company believes there is a theoretical risk that doing so might cause an unintentional increase in estrogen exposure.

Janssen-Ortho Inc. is a Canadian manufacturer who markets Ortho Evra in the United States. These new warnings were endorsed by Health Canada, the Canadian agency responsible for ensuring the safety and effectiveness of pharmaceutical products in that country. No such precautions exist in the United States concerning heat exposure to the patch.



Resolution to Fund TBI Act

Special thanks to the New Jersey State Senate for passing a resolution calling upon the United States Congress and the President to fully fund the Traumatic Brain Injury (TBI) Act for the federal fiscal year 2007. The TBI
Act is the only federal law that specifically addresses the issues faced by persons with TBI and presents a foundation for coordinated and balanced public policy in TBI prevention, education, research and community-living
for persons living with a TBI and their families.

The Act appropriates $9 million to the federal Centers for Disease Control and Prevention, $15 million to the Health Resources and Services Administration (HRSA) for state programs and $6 million for HRSA protection and advocacy programs, for a total of $30 million. Hopefully, other states will similarly pass resolutions calling upon Congress to fully fund the TBI Act in the new Congress.


Copper Mtn Teen Dies in Ski Crash

A Crested Butte teenager died Sunday after crashing on Copper Mountain while warming up for a competition. Asher Crank, 17, was on skis and fell about 30 feet Saturday after going off a jump in the Copper Mountain terrain park, according to Summit County Coroner Joanne Richardson. He landed on his head and was wearing a helmet.

Crank was flown to St. Anthony Central Hospital, where he died Sunday. Copper Mountain issued a statement that a teen died while participating in a "sanctioned competition" on the mountain at the time of the accident. The statement did not name the competition, although the Copper Series was scheduled for Saturday and Sunday.

Crank was a student at Crested Butte Academy - a prep school that attracts competitive runners, skiers and nowboarders. Friends said Sunday that Crank was a top-rated freeride skier, well-known in the small snow-riding
town for his personality and his skill. He was "one of the most well-liked children in Crested Butte," academy headmaster Graham Frey said. "In fact, at the local pizza place, he has a pizza named after him." Frey said Crank
was "one of the best in the country" at free ride skiing - in which skiers launch off half-pipes and jumps.


New Method Developed for Treating Brain Injuries

A completely new approach to treating traumatic brain injuries (TBI's) has been developed by a team of researchers at the Weizmann Institute of Science in Israel. The new approach attempts to stop the release of glutamate when the brain in injured. Glutamate normally works in the brain by carrying nerve impulses across synapses (gaps between brain cells). However, when the brain sustains a traumatic injury, the glutamate that is released by the damaged brain cells overexcites surrounding cells and kills them. This results in irreparable brain damage.and the treatment has been proven to work in rats with simulated TBI's.

The Institute's newfound method uses an enzyme that can be activated to clear away excess glutamate in the brain. This enzyme is not part of the brain's normal system of recycling glutamate since injury causes the entire system to malfunction. The brain normally controls levels of glutamate on its own by using transporters to move high concentrations of glutamate out of the brain into the bloodstream. The enzyme, GOT, developed by researchers at Weizmann inactivates glutamate to lower its concentration in the brain.

The method was tested on rats with simulated traumatic brain injuries, and results showed that the enzyme worked and damage was prevented. The Weizmann Institute has had the method patented and is working on US FDA approval. As soon as approval is made, stage I clinical trials will be conducted. The method holds promising results in treating patients with brain injuries due to stroke, meningitis, and dementia.


Kentucky Train Derailment Causes Massive Fire

A train headed to Louisville, KY from Birmingham, AL derailed just south of Louisville in Bullit County just before 9am this morning. At least one of the train's 80 cars was carrying the hazardous chemical cyclohexane. The harmful chemical breaks itself down as it burns and it can be extremely dangerous to the central nervous system if inhaled of ingested. After thorough inspection of the fiery chemical fire, the Kentucky Department of Emergency Management decided to let the fire burn itself out.

A nearby elementary school evacuated all of its students and moved them to another school. Residents within 1 mile of the crash were also evacuated, and all Bullit County residents were advised to stay inside to avoid inhaling any of the harmful fumes. Interstate 65 is closed for a 23 mile stretch, which has posed many problems for workers trying to deliver goods to businesses. Smoke from the fire has also prompted the closing of 2 runways at the Louisville International Airport.

The cause of the train derailment is unknown and under investigation. Both crew members on the train were not injured but 17 individuals have sought treatment for injuries related to the fire at a nearby hospital. Their injuries have not been reported as serious. Currently, it is unknown how long the area must remain evacuated. “Our priority continues to be the safety and security of the citizens in the area,” said Gov. Fletcher of Kentucky. “We will aggressively monitor and evaluate the situation and do everything possible to ensure the fire is managed safely.”


January 15, 2007

Malpractice ’Crisis’ Distorted for Profit

An analysis released 10Jan by Public Citizen, the consumer advocacy group, says the real crisis is the lack of accountability for doctors who commit avoidable medical errors. After analyzing 15 years of data from the National Practitioner Data Bank (NPDB) which includes information on malpractice payouts made by doctors and the disciplinary action taken against them. The NPDB has limitations, but it is the best-available source on the subject. The analysis found that the number of easily preventable medical errors jumped 40 percent between 2003 and 2005. Public Citizen found the majority of malpractice payouts are made by repeat offenders. About 6 percent of doctors were responsible for more than half of all malpractice payouts.

Public Citizen believes removing the 6 percent of practitioners responsible for malpractice payouts through license suspension or revocation could reduce the rate of medical liability. The Data Bank found that two-thirds of doctors responsible for ten or more payouts were not disciplined at all.

The American Medical Association (AMA) which supports restrictions on medical liability claims disagreed with the Public Citizen report. The AMA believes the use of the Data Bank as a credible source results in incomplete information about malpractice payouts. Responding to the AMA's statement, Seth Oldmixon, legislative assistant with Public Citizen, said that any data set is going to have some limitations. "That doesn't dispute the fact that this is the best data set available to the public to be able to analyze these sorts of issues," said Oldmixon. "Of course, we would like the NPDB to be as comprehensive as possible, but the critique posited by the AMA is a red herring meant to distract from the real problem, which continues to be a lack of serious improvements to patient safety and doctor oversight."


Johnson and Johnson Exec Claims He Was Fired For Raising Safety Concerns

The death of an 18-year-old New York fashion student in April 2004 was the catalyst for lawsuits filed concerning the Ortho Evra Birth Control Patch. Zakiya Kennedy's death from a blood clot was the first case linked to the contraceptive patch according to the FDA and Ortho McNeil (the manufacturer) a subsidiary of Johnson & Johnson. Since then there have been at least 1000 product liability suits filed. In September of 2006 the FDA approved further warnings to the package insert in the usage of Ortho Evra as a result. As of December 20, 2006 a former vice president of two Johnson & Johnson subsidiaries claims in a lawsuit that he was fired for seeking recalls of faulty products including the Ortho Evra Patch.

Dr. Joel S. Lippman alleges he was unlawfully terminated on May 15 because he repeatedly complained about product safety issues and urged several to be recalled or not to be released. Johnson & Johnson disregarded Lippman's worries about Ortho Evra and launched the product regardless. Once Ortho Evra was released, Johnson & Johnson transferred him to Ethicon. His attorney says "He feels horribly wronged. He was fired at the peak of his career for doing his job." Dr. Lippman holds a master's degree in public health from Harvard University and a medical degree.

Johnson & Johnson's statement said Lippman was fired "as a result of inappropriate conduct and mismanagement of responsibilities unrelated to the allegations he raises in the lawsuit." The statement added "J&J will vigorously defend against the claims because the allegations are not true. "Our company remains committed to providing quality products that yield positive patient outcomes." However, in 2002 Dr. Lippman insisted on recalling a product for preventing painful scarring after gynecological surgery that had caused serious injury and death. Finally, after a year, the company recalled it, but Dr. Lippman and his associates were scolded over the recall.


Out of Control School Bus Careens into a Group of Students

In Fairless Hills, PA an out of control bus drove into a group of students injuring 14 teens on the ground, critically injuring a 17-year-old and three in the bus. A Pennsbury School District bus driver lost control of the occupied bus and struck a group of students standing on a curb in front of Pennsbury High School on Hood Blvd. in Fairless Hills. After several hundred feet the bus finally came to a stop as it crashed into a concrete retaining wall. The driver explained that "he shut everything down and it just kept going and he lost control of it." The students wanted to jump off the bus, but the driver said, "No, stay calm, just block yourself, we're gonna have to crash."

The Falls Township Police Department have requested that the school district remove all similar buses from its fleet and inspect all other buses prior to the students being brought back to school. Authorities said officials were inspecting the bus to determine the cause of the crash. The National Transportation Safety Board was at the school on Saturday to investigate the incident.


Brain Injury Advocates Demand Greater Access, Fewer Barriers to Cognitive Rehabilitation.

The Brain Injury Association of America (BIAA) released a position statement that calls on lawmakers and private sector payers to eliminate barriers to access and delivery of cognitive rehabilitation treatment for patients with acquired brain injures. The current needs of the increasing number of servicemen and women returning from Iraq with blast brain injuries is an immediate opportunity for the provider networks to promote better treatment and advancing rehabilitation. Cognitive Rehabilitation addresses that an overwhelming majority of brain injury survivors have cognitive impairments and that they often have challenges accessing treatment that has been shown to benefit them the most. Cognitive impairments interfere with the brain-injured patient's ability to function effectively in school, work and in their personal relationships. Access to cognitive rehabilitation helps patients regain function in areas that are essential for a return to independence and a reasonable quality of life, but many insurance companies deny coverage claims and public health agencies limit the scope, duration and timing of treatment.

"The benefits of cognitive rehabilitation have been discussed in more that 700 published research studies and are evident in positron emission tomography (PET) scans and other neuroimaging techniques," said Dr. Douglas I. Katz, Brain Injury Programs Medical Director at Braintree Rehabilitation Hospital in Massachusetts. "Numerous scientific organizations and professional societies have adopted treatment guidelines and acknowledged the value of cognitive rehabilitation," Dr. Katz continues. The BIAA believes that cognitive rehabilitation should be provided by the existing networks of qualified practitioners. In response, the BIAA supports the following priorities:

• Expanded public and private coverage of sufficient enough to accommodate the changing and long-term needs of patients with brain injury.
• Expanded clinical education and certification for health practitioners who work with brain-injured patients.
• Increased emphasis on research.
• Improved integration of cognitive treatment in public vocational and social services.

Greater attention to the needs of brain-injured children in special education so they can move seamlessly throughout their lives within a comprehensive, coordinated system of care that is designed to improve their level of functioning, independence and reinstatement of the skills and abilities taken by their brain injury.


January 11, 2007

Helmets Prevent Serious Injuries on the Slopes

The National Ski Areas Association (NSAA) reports that the chance of being seriously injured while skiing or snowboarding is less than1 in a million and that there were only 45 reported fatalities linked to the sportin 2005. This number may seem small, but the majority of the serious injuries were traumatic brain injuries (TBI's) and nearly all the fatalities were due to a TBI.

Most skiers and snowboarders do not realize the importance of wearing a helmet until it is too late. An experienced skier in Vail thought he was going down a routine run when he suddenly lost control and crashed hard on the mountain. He went out cold for a few minutes but got up and finished his run. A half an hour later he began to convulse inside the ski lodge and was taken into the hospital. He found out he suffered a severe concussion and was lucky to escape any other serious injuries. He walked away with a sore back and a raging headache.

The ski-related deaths of Michael Kennedy (JFK's nephew) and Sonny Bono in 1997 and 1998 raised awareness for the need of helmets in skiing and snowboarding. The head of the trauma department at Aspen Valley Hospital says that the number of severe head injuries due to snow sports has decreased in the past 2 years as more and more skiers and snowboarders decide to wear helmets. The use of helmets does not necessarily prevent injuries; rather, it decreases the severity of the head trauma. Helmets protect the head by softening the impact and diffusing the force of a blow to the head.
Decreasing the degree of severity of the head trauma is important in all activities. "Most of your other organs you injure can recover well," said the trauma director at Aspen Valley Hospital. "But once you seriously injure your brain, it never recovers 100 percent."


January 10, 2007

Parkinson's Drugs Found to Harm Heart Valves

A recent study by Italian researches found that about one-fourth of patients taking pergolide (Permax) or cabergoline (Dostinex) had moderate to severe heart valve problems. Another study by German doctors found that people using either drug were five to seven times more likely to develop leaky heart valves than those using other types of Parkinson's medications.

"This is an extraordinarily high risk," said Dr. Bryan Roth, a pharmacology professor at the University of North Carolina at Chapel Hill. Dr. Roth was not involved in the Italian or German studies, but published a paper a few years ago warning that these drugs seem to cause the same type of heart valve leakage suffered by users of the diet drug Fen-Phen.

Dr. C. Warren Olanow, Chairman of Neurology at Mt. Sinai School of Medicine in New York believes that the findings will cause more doctors to prescribe other medications for Parkinson's.

Permax is approved as an adjunct therapy to levodopa/carbidopa for Parkinson's disease, but is often also prescribed for restless leg syndrome (RLS). Dostinex is approved for treatment of excessive prolactin in the blood, but is also used with levodopa/carbidopa for Parkinson's disease.


Many Brain Injury Sufferers are Not Getting Post-Trauma Help

Nearly 5 million individuals in the US disabled from the effects of stroke, brain hemorrhages, and traumatic brain injuries suffer from memory loss, damage to their mental processing skills, or severe behavioral changes. These effects from brain trauma often do not surface until months after initial medical treatment has been administered. Brain injury patients often find themselves feeling like their lives are back to normal after initial treatment, only to have their lives turned upside-down in a matter of weeks.


Complications range from complete short-term memory loss to erratic mood swings. One woman reported that she could not decide what kind of bread to get while at the grocery store and simply burst into tears in the middle of the aisle. She also reported forgetting the names and faces of her husband and daughter and not being able to find her way home after driving. Physicians are treating patients like the woman described above with cognitive rehabilitation. Cognitive rehabilitation is a medical treatment that attempts to re-teach the injured parts of the brain basic, everyday functions. The therapy was derived from methods used on children with learning disabilities and attempts to create new pathways in the brain.

Cognitive rehabilitation patients show vast improvements in memory and behavior, but the results are difficult to physically document. The lack of concrete evidence has led many insurance companies to refuse to pay for the treatment. This issue is a major problem for physicians of brain injury patients. "It's hard to demonstrate cognitive progress to the insurance company," says Thomas K. Watanabe, a Philadelphia professor of physical medicine and rehab. By contrast, he says, "If a patient starts out in a wheelchair and then starts walking with a cane, you can measure that progress." Until medical providers can find a way to demonstrate evidence of improvement to the insurance companies, many brain injury sufferers simply will not get the much needed treatment.


January 09, 2007

Botox: Not Just for Erasing Wrinkles

After going in for a Botox treatment, most people come out with a fresh, new face devoid of wrinkles and frown lines. Since its rise to fame as fountain of youth, few people know of the drug's other benefits to patients with neck and head pain sustained from traumatic brain injuries. Although the use of Botox in treating patients with muscle stiffness and migraines is not FDA approved, many doctors have been using the drug to treat such ailments for at least a decade.

Botox is a botulinum toxin that works by temporarily relaxing muscles. The drug also prevents the release of certain substances in the body that cause pain. The drug is injected in a specific area of the body to target the source of pain and discomfort and has few side-effects. The only reported side effect patients complain of is discomfort during injection.

A woman who suffered from chronic migraines after a traumatic brain injury said Botox has been the only drug that has effectively alleviated her headaches. "I tried every medication on the market for migraines, and nothing worked." She receives 4 injections of Botox each year and has been using the drug for the past 3 years. "At first it feels like you have duct tape on your head. Then I feel relief. My migraines are less severe, and I don't have to take my medication as much. I went from being incapacitated in bed in a dark room to being able to function while still having pain."


January 08, 2007

NYC May be Sued for Infant Brain Injury Incident

New York State Supreme Court Justice Doris Ling-Cohan ruled that a woman whose daughter sustained a traumatic brain injury at a city-licensed daycare center (First Steps) in 2000 could sue New York City. The woman researched several daycare centers before allowing her daughter to be put under the care of First Steps Daycare Center. Her criteria called for a "licensed, investigated, no-complaints babysitter" and one that had been thoroughly and routinely investigated by NYC's Administration for Children's Services.

The woman had no reason to fear for the safety of her child until the tragic day she found her 3-month old daughter on a stretcher and an ambulance waiting to take her to the hospital. Her daughter suffered traumatic brain injuries sustained from falling off a bed while the caretaker was bathing another child. The infant's brain was further damaged when the caretaker shook her in an effort to revive her. The infant showed several signs of shaken baby syndrome.

Following the tragic incident, the woman discovered that First Steps had several complaints of child neglect filed against them. This discovery revealed that these complaints should have led NYC to revoke First Steps' child care license. When the woman attempted to sue NYC and First Steps, the city submitted a motion to dismiss. The city claimed they had no special ties to First Steps and thus could not be held liable. A judge denied their motion and the city is now considering their legal options.


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Burg Simpson Eldredge Hersh & Jardine, P.C. is a law firm serving the Rocky Mountain Region. The firm has offices in Denver, Colorado, Cody, WY, Cincinnati, Ohio, and Phoenix, AZ. The Firm is responsible for the content on the website, this information is not to be interpreted as providing legal services, nor as proposing any form of legal advice.

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