The Oregon Supreme Court ruled that the family of a brain-damaged child can pursue damages from Oregon Health & Science University. This opens the door for compensation to be sought by people hurt by public employees. The court ruled that the liability cap of $200,000 violates the constitutional rights of Jordaan Michael Clarke, 9. In 1998 Jordaan suffered permanent brain damage while in the intensive care unit at OHSU hospital. The decision will affect state agencies, local governments and school districts. It cannot be appealed, but the Chief Justice left open the possibility that a legislative move could be made to the Oregon Constitution by raising the caps. In a concurring opinion made by Justice Thomas Balmer, "The arbitrarily low cap on damages for medical malpractice claims against OHSU and its employees is a problem that has long called for a legislative solution," Balmer wrote. "In my view, the Legislature should, at least for medical malpractice claims, increase the existing claims limit substantially and immediately and, perhaps, retroactively." Sen. Ginny Burdick, D-Portland, said the Legislature earlier this year looked at raising the caps to between $1 million and $2 million but couldn't reach an agreement that satisfied various groups, including trial lawyers and OHSU.

Posted by Scott J. Eldredge at 06:05 PM | Permalink | Comments (0) | TrackBacks (0)

Jamaica Hospital Medical Center in Queens, New York is accusing Oxford Health Plans of engaging in age discrimination for people in need of acute rehabilitation and traumatic brain injuries against patients enrolled in Medicare Advantage. Oxford Health Plans shows the pattern of discriminations according to data released. “Our data clearly shows a pattern of age discrimination by Oxford that can be characterized as elder abuse,” David P. Rosen, chief executive of the hospital and its parent company, MediSys Health Network. In a statement he quoted that from Jan. 1 2006 to August 2, 2007, of 58 Oxford-insured patients referred by doctors for acute rehabilitation or traumatic brain injury rehabilitation, 46 were denied coverage. That is an 80 percent denial rate. The hospital has yet to file a lawsuit or complaint with regulators and Oxford’s parent company UnitedHealth has not commented on the findings. Under Medicare Advantage, the government pays insurance companies for taking on the risk of covering elderly patients' health needs. This is just another example of the types of hurdles traumatic brain injured patients face daily in the healthcare system.

Posted by Diane V. Smith at 12:30 PM | Permalink | Comments (0) | TrackBacks (0)

In a response to a closely watched federal lawsuit stemming from the Ortho Evra birth control patch, the Ohio Supreme Court upheld a 2004 law capping damages for pain, suffering and other non-economic claims in personal injury cases. This particular case involves Melisa Arbino who suffered a series of potentially fatal blood clots in her brain and lungs in 2005. Arbino maintains the clots were the result of her use of the Ortho Evra birth control patch. She is one of the fortunate ones. There have been a number of deaths in young woman who have used the patch. Ortho Evra is still being prescribed, but its label has been modified to inform users of the potentially serious side effects. Fortunately, the law does not limit damages in catastrophic cases involving paralysis or loss of limb and also does not limit economic damages. The Supreme Court decision does not bode well for victims of Johnson & Johnson’s irresponsible choice to withhold valuable and informative research studies on the effects of the Ortho Evra patch and its users.

Posted by Seth A. Katz at 06:38 AM | Permalink | Comments (0) | TrackBacks (0)

Dr. John A. King, the doctor who filed bankruptcy after 124 malpractice claims were filed against him, has been told by the U.S. Bankruptcy Judge that eight of the 124 claims can go to trial. The eight lawsuits alleging medical malpractice can continue toward trial while he settles his debts in bankruptcy court, Judge Thomas B. Bennett ordered. Each of the eight malpractice claims against King, alleges he made mistakes in surgeries and harmed patients during his six months at Putnam General Hospital. They hired King in November 2002 and suspended his privileges the following May after a review of his work. He later surrendered his West Virginia medical license and left the state. Now living in Alabama, King filed for bankruptcy under Chapter 7 last month.

Posted by Scott J. Eldredge at 04:56 PM | Permalink | Comments (0) | TrackBacks (0)

The estate of Martha O’Neal moved forward with a wrongful death suit against Bethlehem Woods Nursing and Rehabilitation Center in Fort Wayne, Indiana. O’Neal fractured her femur in August 2001. After surgery she was transferred to the nursing facility. A few days later, O’Neal’s surgical incision was torn because the wheelchair given her was too small. During her stay at Bethlehem she was left on a bed pan for six hours causing her severe ulcers. The following September, a Bethlehem employee found O’Neal lying in a pool of her own blood following a dialysis treatment. She was then transferred to a hospital, but died Nov. 6th. Her estate filed the wrongful death claim against Bethlehem Woods in October 2003, but Bethlehem argued that O’Neal’s case should be handled under the medical malpractice law where the statute of limitations is two years from the occurrence. The trial court agreed and dismissed the case, but attorneys for the estate appealed and argued the case should be handled under the wrongful death statute of limitations, which is two years from the date of death. In this case, the estate met the limitation for wrongful death, but was filed a month late for medical malpractice. The appellate court ruled that the wrongful death law applies and was sent to the trial court for further proceedings, including a possible trial.

Posted by Scott J. Eldredge at 10:54 AM | Permalink | Comments (0) | TrackBacks (0)

A 65 page indictment against a Kansas physician and his nurse wife alleges that they and their assistants wrote unlawful prescriptions for narcotic painkillers, muscle relaxers and other drugs such as Fentanyl, Methadone, Morphine and Oxycodone. A Topeka, Kansas grand jury returned the 34-count indictment against Dr. Stephen J. Schneider, 54, and his wife, Nurse Linda K. Schneider, 49. Stephen Schneider has already had several medical malpractice suits filed against him in the past. This latest indictment charges them with conspiracy, unlawful distribution of a controlled substance, health care fraud, illegal monetary transactions and money laundering. The indictment alleges 56 of Stephen Schneider’s patients have died from accidental prescription drug overdoses in the last five years, but only four deaths have been attributed to drugs prescribed out of their clinic. However, Schneider has not been charged with the death of these patients. The indictment also says that Schneider Medical Clinic operated seven days a week and was open for 11 hours daily. Patients were scheduled 10 minutes apart and the clinic billed more than $4 million to health benefit programs. Some of his patients knew him as “Schneider the Writer”, “the pill man” and “the candy man.”

Posted by Scott J. Eldredge at 06:53 PM | Permalink | Comments (0) | TrackBacks (0)

David Rosenbaum, 63, was a reporter with the New York Times’ Washington bureau. In January 2006 he was beaten with a pipe while being mugged near his home just days after he had retired. The emergency workers who responded to the scene initially thought Rosenbaum had been drunk and didn’t try to determine whether he was injured. The driver of the ambulance did not take Rosenbaum to the closest hospital, but took him to a hospital almost two miles out of the way. Rosenbaum’s family filed a lawsuit against the Howard University Hospital in DC and the emergency workers accusing them of negligence and medical malpractice. The hospital settled for an undisclosed amount of money.

Posted by Scott J. Eldredge at 12:51 PM | Permalink | Comments (0) | TrackBacks (0)

According to the American Journal of Roentgenology, published by the American Roentgen Ray Society, adverse allergic reactions to gadolinium are minimal in patients without renal failure. Their study is in response to the recent concerns associated with the disease Nephrogenic Systemic Fibrosis and the use of Gadolinium contrasting dyes. “Over the past few years, the utilization of contrast-enhanced MRI has markedly increased; it’s increased by 65% at our institution over the previous five years,” said Dr. Dillman. This is due in large part to a variety of new applications, such as magnetic resonance angiography (MRA) and abdominopelvic MR imaging,” he said. “Consequently, the number of intravenously administered gadolinium-containing contrast material doses over the same time period has significantly increased. Based on the extensive use these intravascular contrast agents, we felt that it was once again time to study their safety profile,” he said.

Posted by Kerry N. Jardine at 06:44 AM | Permalink | Comments (0) | TrackBacks (0)

With the Holiday season coming to a close and children venturing outdoors to try out their new bikes, scooters, etc. it is a good time to raise awareness once again to the dangers of Traumatic Brain Injuries. Bicycles are associated with almost half (47%) of traumatic brain injuries suffered by children. According to the bicycle Helmet Safety Institute, helmets reduce the risk of serious brain injury by 85%. Unfortunately, fewer than 41 percent of children ages 5 to 14 wear helmets while riding a bike or scooter and of those who wear a helmet, 35 percent of them wear it incorrectly according to the National SAFE KIDS Campaign. Remember to only purchase helmets with a certification sticker from Consumer Products Safety Commission, Snell, ASTM or ANSI. These companies make sure the helmets meet current safety standards. Go to www.consumerreports.com to research safety malfunctions, recalls and helmet ratings. Most importantly, if a child severely hits their head while wearing a helmet, throw it away. In fact, if some manufacturers are notified of a severe head impact without injury, they will replace the helmet for free.

Posted by Kerry N. Jardine at 06:43 PM | Permalink | Comments (0) | TrackBacks (0)

A 17 year veteran police officer was severely beaten in the summer of 2007 while trying to arrest an alleged church burglar. The perpetrator grabbed Sergeant Mike Kane’s baton and beat him with it, then proceeding to strike Kane several times in the face with his fist. The beating caused him to suffer a traumatic brain injury. He still suffers from the affects of his brain injury; blurred vision, dizziness and he has to take medicine every night to fall asleep. Sergeant Kane is still unable to return to his job because of his TBI, his doctors say that he may never return. "I'm going back, I'm not going to give this guy the satisfaction of that," Kane said. Kane is now left with trying to provide for his wife and little girls.

Posted by Kerry N. Jardine at 12:41 PM | Permalink | Comments (0) | TrackBacks (0)

Two years ago 31 year-old Ryan Reitmeyer was hit by a 37 foot cabin cruiser on a Texas lake. The impact crushed his skull, paralyzed him and sent him into a coma. The surgeon told Ryan’s father Doug that he could probably save him, but he would likely never speak or live independently again. After four months he was walking with assistance and talking, but he had no memory. Doug Reitmeyer began to search for tools to assist further with his son’s memory. In his search he found Dr. Michael Merzenich of the Univ. of Calif. San Francisco, a neurologist and neuroscientist. "Understand now that the brain is continuously capable of positive change that at any age it can be driven in a corrective direction using the right behavioral approaches," said Dr. Merzenich. He founded Posit Science based on the principal that the brain is a plastic organ and will continue to improve given the right tools. Posit's Brain Fitness program found the exercises improved memory and processing speed in older adults. Doug Reitmeyer and Dr. Merzenich reached an agreement. Doug provided Ryan for Dr. Merzenich’s research in traumatic brain injury recovery using the Posit Science. The exercises assisted in the incredible recovery of substantial memory from none. Ryan is now living independently and driving again. Dr. Merzenich believes Ryan will continue to improve, as will the technology posit offers. "One of the beautiful things about this approach is it's not like a drug where you have a chemical compound which is unchangeable, we can devise a strategy for Ryan and that strategy can be ultimately changed and improved over and over again. Three years from now we will provide much more complete and elaborate training tools for someone like Ryan," said Dr. Merzenich. Posit is partnering with Easter Seals to make its brain fitness program available for free to returning war veterans suffering from brain injury.

Posted by Kerry N. Jardine at 06:39 AM | Permalink | Comments (0) | TrackBacks (0)

Neuro-surgery researchers are testing a pathway in the brain to see if it might lead to new ways which could reduce long-term damage and complications as a result of a traumatic brain injury. Brain injury researcher Dr. Kenneth Strauss said a patient may survive the initial traumatic brain injury, but not the swelling in the brain that occurs days later. Strauss said, “Sometimes a patient will come into the neurosurgery intensive care unit, wake up from a concussion or short coma and three, four, five or six days later basically do a nose-dive.” The problem surfaces during the days after the initial trauma where the brain produces response molecules. Some of these molecules cause swelling and further injury to the brain, but others appear to be protective. Strauss's research team has been awarded a $1.7 million dollar grant from the National Institutes of Health to find a way to help boost the brain molecules that are beneficial. “We're actually looking at the formation of the beneficial compounds and trying to tweak the brain to make more of those that are beneficial,” he said. If this research is successful, Strauss said it could contribute to a new class of medications that might boost these helpful molecules and therefore reduce complications from traumatic brain injuries. The goal is to reduce the odds by helping the brain heal itself. The research is being conducted only in laboratory studies, but human trials are the next step.

Posted by Kerry N. Jardine at 06:36 PM | Permalink | Comments (0) | TrackBacks (0)

Nephrogenic Systemic Fibrosis (NSF), also known as Nephrogenic Fibrosing Dermopathy (NFD) is rare, but so far has only affected people with pre-existing kidney problems. The link between Gadolinium MRI dyes and NSF is gaining ground and quickly becoming irrefutable as the cause of the debilitating and sometimes deadly disease. In 2006, researchers discovered a direct association between NSF and the use of Gadolinium MRI contrast dyes. Since then, several other studies have reinforced the link between NSF and Gadolinium. The FDA in 2006 first warned doctors of the side effect. In 2007 the FDA ordered the manufactures of Gadolinium to add a black box warning, the strictest type of FDA warning, to their product labels advising of the risk of NSF to people with kidney problems. NSF leads to excessive formation of connective tissue in the skin and internal organs and is characterized by high blood pressure, burning, itching, swelling and hardening of the skin. Other symptoms include red or dark patches on the skin, pain deep in the hip bones or ribs and muscle weakness. Researchers at Yale University have reported that 95-percent of those with NSF had an MRI that involved Gadolinium two to three months before their symptoms appeared. Researchers at Massachusetts General Hospital also have found that kidney patients who had undergone MRIs with Gadolinium were 10 times more likely to develop NSF than patient who had not been exposed to such agents. Unfortunately, there are no effective treatments for NSF, although some patients have improved following a kidney transplant and there are no other alternatives to gadolinium based MRI contrast agents.

Posted by Kerry N. Jardine at 12:34 PM | Permalink | Comments (0) | TrackBacks (0)

Medtronic, Inc. announced that it has agreed to settle lawsuits relating to its Marquis line of implanted cardiac defibrillators. Under terms of the settlement, Medtronic has agreed to settle 2,682 cases for $95.6 million plus $18.5 million in attorneys' fees. The cases in the settlement are from February 2005 when Medtronic advised doctors about a potential battery problem that could cause certain implantable defibrillators in its Marquis line to fail. The settlement is a compromise and there is no admission of liability. No additional sums will be paid by Medtronic for third-party claims or attorney fees. "We are pleased to settle these cases and put the matter behind us," said Pat Mackin, senior vice president and president, Medtronic Cardiac Rhythm Disease Management. "We prefer to focus our resources on areas that are beneficial to physicians and patients, rather than prolong this litigation. We know the Marquis line of defibrillators continues to provide life-saving therapy for thousands of people around the world, and they remain among the most reliable ICDs ever manufactured by Medtronic."

Posted by Kerry N. Jardine at 06:32 AM | Permalink | Comments (0) | TrackBacks (0)

A study published in the online journal, Brain reports on Vietnam veterans who suffered brain injuries showed a quicker decline in the cognitive functions as they grew older. It was found that the rate of decline can be predicted by how intelligent they were and what level of education they completed before their injury. Interestingly, those who completed a higher education and were considered more intelligent showed less decline in cognitive functioning in the years following their brain injury. Dr Grafman, the senior investigator in the Cognitive Neuroscience Section at the National Institute of Neurological Disorders and Stroke, National Institute of Health, Maryland, USA, and his colleagues studied a group of Vietnam veterans with penetrating head injury (PHI) 36-39 years after the injury. The veterans were part of the Vietnam Head Injury Study, a follow-up study of about 2,000 Vietnam veterans that has been running since 1967. This report is on the third phase of the study, and it looked at a total of 199 veterans who are now in their mid to late 50s. He believes that greater intelligence is an indicator of the brain’s ability to establish multiple neural connections and that this enables the brain to recover better from injury. This new information on the decline in cognitive functioning seen in the head injured veterans could mean that they might have to take early retirement from employment and might be less able to manage domestic responsibilities. However, the research could be useful for the men, their families and their doctors. “By telling patients and their families that later in life they will be at risk for a more rapid decline in certain abilities compared to unimpaired individuals can be difficult to hear,” he said. “But it can be helpful in terms of long term planning and, potentially, practices could be developed that might protect against it, like staying physically fit and intellectually active.”

Posted by Kerry N. Jardine at 06:30 PM | Permalink | Comments (0) | TrackBacks (0)

Medical syringes used by patients in home treatments for cancer and other illnesses have been contaminated with the bacteria Serratia marcescens (Sur-AY’-she-uh mar-SUH’-sens). About 40 people have fallen ill in Illinois and Texas, 20 of which were outpatients from Rush University Medical Center in Chicago. So far no deaths have been linked to the infection. The Rush doctors traced the infections to heparin-filled syringes from the company Sierra Pre-Filled in Angier, N.C. Federal investigators are inspecting the cases. Syringes from the same batch were also sent to Colorado, Florida and Pennsylvania, but at this time no infections have been reported from those states. The infections can cause fever and chills, but respond well to antibiotics. Of the 20 outpatients affected, 14 required hospitalization. The pre-filled syringe lot responsible is 070926H. Patients who think they used the recalled syringes should contact their doctors. Bacteria were found in fluid from the pre-filled syringes but it is uncertain if the original contamination was in the heparin, the saline used to dilute the drug, or the syringes themselves.

Posted by Kerry N. Jardine at 12:27 PM | Permalink | Comments (0) | TrackBacks (0)

Dr. Dorry Segey of Johns Hopkins University, a transplant surgeon, recently completed a study showing people who are obese wait longer for a transplant than average weight people. The research was based on an analysis of records from 132,353 patients on the national kidney transplant waiting list between 1995 and 2006. The findings were published in the Journal of the American Society of Nephrology. The reason assigned to the discrimination is that the very obese have a greater risk for complications. The study showed that morbidly obese patients who average about 100 pounds over their ideal weight were 44 percent less likely to get a transplant than normal weight patients. Those just slightly less obese were 28 percent less likely to get a transplant. Dr. Segev argues that once someone has been accepted for a waiting list, the patient should progress to the top normally. He also believes the doctors and transplant staff do not consciously choose slimmer candidates over their obese patients. “I don't think any of this is conscious,” Segev said. “It would be hard to imagine any of us in our field would deliberately act against the welfare of our patients. That's not what we do, but there are all sorts of subconscious forces that are happening and there's clearly an unintended bias in practice.” He explains there may be two factors creating the bias. First the main insurer for kidney transplants, Medicare, pays a fixed rate regardless of the difficulty of each case, meaning the transplant hospital eats the added costs for complications. Second, transplant centers with lower survival rates risk losing Medicare funding. With American society increasingly gaining weight and entering the ranks of the medically obese, the implications of the study are worrisome.

Posted by Kerry N. Jardine at 06:23 AM | Permalink | Comments (0) | TrackBacks (0)

Scott Tidgell, a 23-year-old Duluth, ND man went missing between October 10th and November 2nd. He was eventually found at a rest stop in Menomonie, WI. The unusual part of his disappearance was that he doesn’t remember what he did for the 23 days he was missing. It is believed he suffered from a memory lapse, possibly brought on after illness and stress exacerbated the effects of five concussions he received in the past. Surprisingly, while he was gone Tridgell was able to pay for meals at restaurants, get gas for his truck and drive, but evidently could not find his way back to Duluth, call his family or ask for help. Multiple concussions, such as the four Scott received in youth sports, can compound the damage that each one alone would do. “If he could do all those basic things why couldn’t he ask someone, ‘Can you help me find Duluth?’ ” said Dan Wallerstein, a rehabilitation physician who works with brain injury patients. He further added that successive injury adds more dysfunction to the brain. Skip Silvestrini, who works with brain injury patients at the Duluth Clinic, said automatic actions, such as driving, don’t require much effort from the brain. To realize where he was and how he would get back to Duluth may have required more effort than his brain could have given. Even after cognitive rehabilitation there is no certainty that a patient with a traumatic brain injury like Tridgell’s could ever recover his missing memories.

Posted by Kerry N. Jardine at 06:21 PM | Permalink | Comments (0) | TrackBacks (0)

Two men are charged with leaving the scene of an accident, failing to render aid, and face an enhancement charge of causing great bodily injury. The driver’s charges include speeding and being under the influence. Labor Day weekend in September 2006, Dallen McIntyre, 11, was hit by a boat while knee-boarding behind his father’s personal watercraft. The father testified that the boat suddenly made a sharp turn and came toward them, knocking Dallen into the lake. The two men fled after hitting him. The impact with the propeller of the boat split the boy’s head and nearly killed him. He suffered catastrophic head injuries and has undergone several surgeries. An expert who manufactures propellers examined the propeller in question and determined that the damage was caused by the collision with the boy’s head. The examination concluded there were no scuff marks, chips or scratches, indications that the man’s boat propeller was responsible for the severe damage to Dallen. "The impact was great," the expert said, noting it was not easy to damage the propeller.

Posted by Kerry N. Jardine at 12:18 PM | Permalink | Comments (0) | TrackBacks (0)

LegalView.com recently updated its Web portal concerning new risks associated with the use of Avandia in Type II diabetes patients. In a recent study out of the Salk Institue for Biological Studies in La Jolla, California has found that long term use of Avandia, also known as rosiglitazone, causes an increase in bone fractures and breaks among patients who use it. Tests showed that the drug increased bone degradation cell activity. GlaxoSmithKline, makers of Avandia, acknowledge the increased risk of bone fractures and breaks among patients taking the drug, especially in older women, but the company did little to make users aware of this increased risk. LegalView.com remains the premiere site for legal information and its many legal information portals are used to serve people suffering from preventable diseases, illness and unfortunate accidents.

Posted by Kerry N. Jardine at 06:16 AM | Permalink | Comments (0) | TrackBacks (0)

Bob Woodruff of ABC News recently reported on four new technologies for troops and athletes that show incredible promise in treating and preventing traumatic brain injuries and concussions. Currently Virginia Tech football players are wearing special helmets that monitor and collect data on impacts to the head. The military is measuring the power of explosions on test dummies wearing the same type of sensor helmets. Transcranial Doppler is another technology being developed which measures blood flow inside the brain and helps doctors determine the course of treatment as soon as the injury occurs. The Transcranial Doppler shows an extreme increase in blood flow making it a useful medical tool for troops. The third new gadget is the Wobble Plate. It will measure how wobbly a patient is after an impact or explosion and compares it to their normal state. Doctors use the readings to diagnose the level of trauma. Lastly, a more affordable and portable model is being designed and is the Hand-Held Doppler. When it is held up to the side of the head it hears the rate of blood flow and any changes in sound will enable the operator to determine how much blood is flowing through the artery and possibly what is happening inside the brain. This technology could be especially useful on the front lines to determine whether military doctors need to remove part of the skull to allow blood to flow more freely. Each of these technologies has great importance in the treatment and prevention of traumatic brain injuries.

Posted by Kerry N. Jardine at 06:23 PM | Permalink | Comments (0) | TrackBacks (0)

If hope has been lost after you or a family member suffered a traumatic brain injury, the following is the story of a survivor and should assist in dispelling further fears.

“I am a nurse on the brain injury unit at the Rehabilitation Institute of Chicago (RIC). This job means a lot to me because at one time I was the patient. More than 22 years ago, I had an accident while working in a steel fabrication shop. I fell more than 15 feet from a ladder to the floor. While one coworker called 911, another coworker held my unresponsive body. I started to turn blue, so while he waited for help, he put me in a bear hug and squeezed me, "the way they do on TV," he said. I started breathing again, but to his surprise blood started gushing out through my left ear. He didn't know if he had saved me or helped kill me. He had ruptured my ear drum, which allowed the blood and cerebral fluid that was building pressure in my head to escape, quite possibly saving my life. I had suffered a traumatic brain injury, caused by a basal skull fracture, in addition to a separated shoulder. My short-term memory and speech were affected, and I suffered some left-sided paralysis. So, following my hospital stay, I started rehabilitation through outpatient therapy. I participated in cognitive therapy and physical and occupational therapies and admired the therapists and nurses who helped me find my way back. After I was released from the hospital and went through ongoing rehabilitation, I was able to fine-tune some of the more creative skills I hadn't been using for a while, such as carving, woodworking, and music. I started playing my guitar more, which was an escape from the daily challenges of recovering from a brain injury. More than a year after my injury, I was released to go back to work, but I had a list of restrictions preventing me from returning to iron work. After several job attempts, I knew I had to make some decisions about my future. Thinking about the life experience I had been through in recovering from a brain injury during the previous year, I was struck with the fact that I wanted to make a difference for people, just as the nurses and therapists had made a difference for me. I found a job that provided tuition reimbursement, and I went back to school and began the steps toward a nursing career. I enrolled in the nursing program at Prairie State College in Chicago Heights, Ill. Balancing school while working 70 hours a week and taking care of my home and family was the ultimate challenge. But nothing was going to stop this future nurse!

“One of my favorite things about working at RIC is being a part of the long-term care plan. This gives a nurse a chance to get involved with the patient and family. Also, I'm able to use my other passions, like music, in my career. Some brain injury patients lose their ability to speak, so I have to find creative ways to communicate. Music is universal and has no boundaries, so it is a perfect tool to use when I want to connect with someone. Also, science suggests that sound stimuli helps hasten the growth of neurons and help them to find or create new pathways that once were thought to be lost forever because of traumatic brain injury. Three years ago I took my guitar to work and played for a "sundowner," a patient whose circadian clock had been altered because of the nature of his brain injury, resulting in inconsistent sleep patterns. The music helped him fall sleep without medication, when nothing seemed to help before. His response to the music was a real breakthrough. Today, eight years into my nursing career, I wouldn't change a thing about my life. If I hadn't been injured, perhaps I wouldn't have discovered nursing. It's almost as if I don't have to work any more — I can't believe they pay me for what I do!”

Posted by Kerry N. Jardine at 12:30 PM | Permalink | Comments (0) | TrackBacks (0)

Fort Collins, CO resident, Nate Jorgenson, 29, was hit by a drunk driver more than three years ago, fracturing vertebrae in his neck and causing a deep brain hemorrhage. He had to learn how to walk and talk again. In response to his recovery experience his mother Debbie Jorgenson, launched the Shared Journeys foundation, a non-profit targeted at helping people with traumatic brain injuries regain their independence. Her goal is to establish a transitional living facility as well as a day-rehabilitation program that would assist TBI victims in relearning skills such as personal care, meal preparation, money management and socialization. Nate is working on his physical training certificate so that he can help clients through their recovery. Nate himself is still two years away from being able to live on his own. During the month of March, the brain injury awareness month, Debbie Jorgenson plans to have a community-wide fundraiser. There are resources available in the community to help people recovering from traumatic brain injuries, but there are gaps, said Christy Dittmar, clinical director for the Center for Neurorehabilitation Services in Fort Collins. The center provides services to about 600 clients a year, about half of whom have suffered traumatic brain injuries. It takes years to recover from such injuries, and continuing care is extremely important after the acute care has ended, Dittmar said. That care helps to transition people back to living independently, the final goal for many patients.

Posted by Kerry N. Jardine at 06:06 AM | Permalink | Comments (0) | TrackBacks (0)

In Illinois a St. Clair County woman has filed suit against Ortho-McNeil Pharmaceutical claiming her use of their popular Ortho- Evra transdermal birth control patch caused her to develop deep vein thrombosis. Connie and husband Larry Lager filed the product liability suit October 17th against Ortho-McNeil Pharmaceutical, Johnson &Johnson and their Pharmaceutical Research and Development group. They claim the defendants relied on safety and risk information from previous studies done against contraceptive pills, thus not being further and sufficiently tested in clinical trials. The Lagers’ team of lawyers filed the compliant stating, “Defendants knew or should have known that the intake of hormones contained in Ortho Evra through the Patch would result in a level or estrogen...much higher (approximately 60% higher) than the levels associated with intake through the oral route, such as with birth control pills.” Additionally, the Lagers claim the defendants failed to take into consideration warnings from the Food and Drug Administration which determined that blood clots could be a problem with the patch.

"...Plaintiffs seek compensatory damages as a result of Connie Lager's use of the Patch, which has caused her to develop and suffer from deep vein thrombosis, as well as other severe personal injuries which are permanent and lasting in nature, including but not limited to, suffering, physical pain, permanent scarring and disfigurement, and mental anguish, including diminished enjoyment of life, and any and all lasting complications, such as Plaintiffs need for lifelong medical treatment, medical monitoring and/or medications, and a fear of developing further adverse health consequences," the complaint states.

Posted by Seth A. Katz at 12:53 PM | Permalink | Comments (0) | TrackBacks (0)

Johnson & Johnson settled a lawsuit in an agreement to pay $1.25 million dollars to the survivors of Alycia Brown, a victim of two blood clots in her lungs due to the use of the Ortho Evra transdermal birth control patch. Her lawyer, Janet Abaray, could not further elucidate because of a confidentiality agreement. Alycia used the patch for several weeks prior to the appearance of the blood clots in May of 2004. 5 million women are thought to be using the patch of which 2400 are filing or have filed lawsuits against Johnson & Johnson claiming strokes or clots in their legs or lungs. The company has already settled dozens of cases before trial. The Brown agreement highlights how much J&J is willing to pay to possibly avoid shedding light on the company’s safety concerns about the patch before market release in 2001. Details of the Brown agreement were found in a file of a lawsuit by the family of Zakiya Kennedy, who was 18 when she died on April 2, 2004, after using the patch. Court records show that a confidential settlement was reached in that case on Oct. 11. Another trial is scheduled for trial in St. Louis which involves the death of Ashley Lewis, who was 17 when she died in late 2003 after using the patch.

The Food and Drug Administration warned in November 2005 that the patch may cause clots and expose women to 60 percent more estrogen than oral contraceptives. In February 2006, another study found a twofold increase in the risk of clots compared with women who took the pill. Johnson & Johnson has not revealed details of the reserves for Ortho Evra cases. It said in an Aug. 8 regulatory filing that it faces numerous product liability cases and believes any liability “will be substantially covered by existing amounts accrued in the company's balance sheet and, where available, by third-party liability insurance.”

The case is Michael Brown v. Johnson & Johnson, 06-40013, U.S. District Court, North District of Ohio (Toledo).

Posted by Seth A. Katz at 12:51 PM | Permalink | Comments (0) | TrackBacks (0)

In another twist involving Dr. John A. King who has 122 medical malpractice suits pending against him, he has filed suit against the hospital he had privileges with. King has filed a lawsuit against Putnam General Hospital, its former owner and several hospital administrators and physicians. He seeks more that $531 million in damages claiming Putnam General defamed his character to hospitals, medical care providers and the public as well as improperly billing patients for services he performed and overcharged him for office rental fees. King seeks $500 million in compensatory damages, $31.5 million in punitive damages and $35,000 in legal fees and monthly payments. Earlier in the month, King filed personal bankruptcy papers that delayed the 122 malpractice suits against him indefinitely. King has lost and surrendered medical licenses in the states of West Virginia, Florida, Georgia, Michigan, New Jersey, Ohio, Pennsylvania, Texas and Virginia. Finally, last year King changed his name to Christopher Wallace Martin.

Posted by Scott J. Eldredge at 06:49 AM | Permalink | Comments (0) | TrackBacks (0)

New York State Department of Health announced it would be sending out an additional 8,500 letter to patients treated by Dr. Harvey Finkelstein. As in the original 628 letters delivered in November 2007, the Health Department is urging former patients to get tested for blood borne diseases including Hepatitis B, Hepatitis C and HIV. The hope is that all of Finkelstein’s patients between 2000 and 2005 will be warned. The medical malpractice occurring at the doctor’s practice first came to the attention of the Nassau County Health Department in December 2004. Then it was discovered that two people with Hepatitis C had been treated by Finkelstein. In January 2005, state and local health officials investigating Finkelstein went to his office to watch him work. The investigators discovered that Finkelstein reused syringes on a patient, resulting in a backflow of blood from the previous patient. Apparently, the doctor routinely reused syringes in this way. It is disturbing that it took the Health Department 3 years to determine and warn former and current patients of Dr. Harvey Finkelstein’s.

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The Doctor’s Company, a physician-owned medical malpractice insurer recently released a report on what impact health system errors have on medical malpractice claims. They conducted a claims analysis and found that health system errors contributed to 30 percent of settled claims. Of 363 closed settled claims from 2004 to 2006, the top health system errors were, medication-related (32 percent), communication (27 percent), health system infections (18 percent), medical records (13 percent) and wrong-site surgery (5 percent). These errors account for 95 percent of the total system errors in The Doctors Company’s analysis. Additionally, the analysis indicated that internal medicine, family practice and psychiatry represent nearly half of all medication-related errors such as: Lack of medication monitoring (43 percent) and dosage mistakes (26 percent). They account for 69 percent of the medication-related errors. Organizations such as the National Patient Safety Foundation are working to eliminate these five types of system errors. This analysis was undertaken to improve healthcare. Dr. Troxel, MD medical director of The Doctors Company concludes, “As the leading physician-owned professional liability insurance company in the U.S., our claims represents a sample of all medical malpractice claims and errors throughout the healthcare system. We believe that malpractice claims are a valuable source of information on preventable medical errors and that public disclosure of this data will contribute to the advancement of patient safety.”

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A woman received HIV treatments for nine years before discovering she never had the virus that causes AIDS. In response Audrey Serrano filed suit against Dr. Kwan Lai after he repeatedly failed to order definitive tests even after monitoring showed no presence of the deadly virus in her blood. The combination of drugs she took triggered depression, chronic fatigue, weight loss, loss of appetite and inflammation of the intestine. A jury sided with her and awarded $2.5 million in damages. Her attorney, David Angueira responds to the verdict, “It is one of the clearest cases of misdiagnosis that I have ever seen and it's based in part on a presumption that people who engage in certain types of conduct are more likely to have HIV and AIDS than other people without really listening to the patient.” The jury reached its verdict after two days of deliberations. The damages could total about $3.7 million including prejudgment interest. Serrano filed the lawsuit in 2003 after she became suspicious of her diagnosis and had herself tested at another hospital.

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The nonprofit consumer advocacy organization, Public Citizen, recently reported on the lack of proper oversight and discipline in New York State’s medical malpractice disclosures. New York citizens are at a disadvantage from other states because they are unaware of which doctors have been investigated for medical malpractice. State officials add that The Office of Professional Medical Conduct, the agency responsible for disciplining physicians, does not do enough to excise misconduct and malpractice. Other states generally allow access to information on doctors currently under investigation for malpractice, but New York law prohibits it. OPMC only investigates a doctor when a settlement of $500,000 or more is awarded, a judgment is made against them, or if a mother or child dies during child birth. According to a report by NY State Comptroller Thomas DiNapoli, “OPMC management concentrates little effort on proactively identifying cases of potential misconduct or ensuring that they have received all complaints.” Public Citizen further reports that patients suffer for the lack of oversight of bad doctors, those that make errors like surgery on the wrong limb, or on the wrong patient. Additionally, New York needs to create a way to track all incidents of doctor and hospital error that result in harm to a patient. It concludes that “If the state cleans up its act, the problems that the insurance companies and doctors bemoan will disappear and receiving medical care in New York will become a lot safer,” said Joan Claybrook, president of Public Citizen.

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As the population of individuals who are being housed in nursing homes and assisted living facilities increase the incidents of medical malpractice will grow. In response, LegalView.com has launched a new practice area that offers information to those whose family members have entered or will soon enter into one of these facilities. The purpose is to make individuals aware of how to protect themselves and their loved ones from negligence and physical and emotional abuse in nursing homes and ALFs. The consequences of neglect and abuse can put individuals at risks such as dehydration, malnutrition and sometimes even death. Currently, in excess of 36 million people in the United States are 65 years old or older. As the Baby Boomer generation ages, by 2050 the number of individuals 65 years or older will reach a whopping 86.7 million. LegalView believes that the best care should be provided for these individuals, which is why it has launched the nursing home legal information practice area at nursing-homes.legalview.com, to offer support and resources for older individuals and their families. LegalView provides additional information regarding how to contact a nursing home attorney if such a case of neglect and abuse occur to a loved one.

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Ted Blackwell, 45, went to a Kaiser clinic complaining of neck pain and a headache. He received an injection and was sent home. Still in pain two days later, he returned to Kaiser for further assistance. His daughter requested a CT scan because he was behaving as if he was disoriented, but the doctors deemed it unnecessary. Another two days passed when Mr. Blackwell collapsed and had to undergo emergency surgery for bleeding in his brain. In the previous two clinic visits he was not diagnosed with cerebral bleeding caused by a brain aneurysm. The doctors thought his headache was the result of his grief over the recent death of his brother. Kaiser Permanente will now pay $1.8 million to him and his family because he is now permanently brain damaged and cannot work. The award decided through arbitration will cover pain and suffering and lost wages, but the rest will be used to cover around-the-clock supervision now necessary for the rest of Blackwell’s life. In California, malpractice judgments are capped at $250,000 for pain and suffering. Additional monetary damages result from loss of wages and need for ongoing care.

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In response to the recent case against Dr. Harvey Finkelstein, City Councilman Eric Gioia is introducing a plan that pressures city hospitals and health clinics to give patients information about medical malpractice and their doctors. He wants the facilities to direct patients to the state’s website, nydoctorprofile.com where they can determine if their doctor has faced any disciplinary action or lost any malpractice cases against them. Dr. Harvey Finkelstein would appear on the website since he has had 10 malpractice settlements against him in the last 10 years. Dr. Finkelstein may have infected numerous patients with hepatitis C because of improper sanitation practices. Dr, Finkelstein’s case is just one example of what would be made available to patients through the website.

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A jury on Thursday October 25th in Auburn, Maine sided with the plaintiff and awarded almost $8 million to a 5-year-old brain damaged boy and his mother in a medical malpractice lawsuit against the hospital and one of its midwives. Odysseus was born in April 2002 to his 16 year old mother Sasha Emond. Emond believed that the midwife who attended her at Central Main Medical Center should have recommended an emergency cesarean section when her unborn child appeared to be in fetal distress. Ultimately, Odysseus was born with cerebral palsy due to lack of blood and oxygen to his brain. “He will never be able to function in any activity of daily living without round-the-clock care, and what this jury gave him today is the ability to get that care," said Odysseus' lawyer. The hospital’s pretrial screening panel believed that it and its staff had complied with all guidelines. It took the jury 2 days to