Zyprexa is a medication approved to treat people with schizophrenia and severe bipolar disorder and has been known to cause serious side effects. Eli Lilly, makers of Zyprexa has been under investigation for its marketing practices since 2004. In late 2000, Lilly began a marketing campaign called Viva Zyprexa and told its sales representatives to suggest that doctors prescribe Zyprexa to older patients with symptoms of dementia. Internal documents and company emails have shown that Eli Lilly was planning to encourage doctors to prescribe Zyprexa for people with age-related dementia and mild bipolar disorder. Articles published in the New York Times in December 2006 describe Lilly’s multiyear effort to play down Zyprexa’s side effects and to promote the drug for other conditions. This practice is known as off-label marketing. Currently, federal prosecutors are discussing settling a civil and criminal investigation into the company’s marketing of the antipsychotic drug that could cost them $1 billion to be paid to federal and state governments. Lilly has already paid $1.2 billion to settle 30,000 lawsuits from people who claim that Zyprexa caused them to contract diabetes and other diseases. Zyprexa can cause severe weight gain and has been linked to diabetes by the American Diabetes Association. The Justice Department lawyers in Washington pressed for a grand jury investigation to examine whether Lilly should be charged criminally for its promotional activities.

Posted by Seth A. Katz at 04:49 PM | Permalink | Comments (0) | TrackBacks (0)

Health Canada is reviewing the latest study on the Ortho Evra Transdermal birth control patch, marketed as Evra in Canada, to determine whether to issue any new warnings or label changes to the product. The U.S. Food and Drug Administration announced that the transdermal birth-control patch will carry an updated label warning women about the potential risks, the second time a warning has been issued for the product. It's the latest chapter in the controversial history of the birth-control patch and comes in the wake of reports from Health Canada that two women died and numerous others suffered serious medical problems after using the Evra product. Evra has been available in Canada since 2004. The latest finding seems to confirm fears about the patch and should send a strong message to women that they could be exposed to a potential health threat, said Anne Rochon Ford, co-ordinator of Women and Health Protection, a national advocacy group. “There were a lot of alarm bells going off for us from the beginning with this patch,” she said. “Contraception is used, by and large, by a healthy population and so the bar for its safety should be higher.” Health Canada has received 17 reports since 2004 of women who suffered blood clots and other serious problems after using the patch. The reports included one woman who died of a heart attack and another from blood clots in her lungs.

Posted by Seth A. Katz at 10:45 AM | Permalink | Comments (0) | TrackBacks (0)

Jeff Lewelling was struck by a car three years ago while riding his bike and suffered a traumatic brain injury. Once struck, he flew 30 feet and landed on his unprotected head. Now, 43, his long term care options are limited if even existent. Lewelling now uses a walker to move around because the left side of his body is partially paralyzed. He doesn’t know what year it is, lacks short-term memory and sometimes wakes in the middle of the night not knowing where he is. If Jeff Lewelling’s accident occurred before he had turned 18, he would have qualified for a host of lifelong, publicly funded services designed to help him live as independently as possible. However, his accident happened at age 40, his father and stepmother, Floyd and Debbie Lewelling, say few services exist to help them care for Jeff. He requires 24-hour supervision. He qualifies for $1,200 monthly from Social Security, Medi-Cal health benefits and limited services through Options, a program for people with traumatic brain injuries. Options gets funding through California’s only traumatic brain injury program, which has a total statewide budget of $1.1 million a year. Lewelling received a measly $35,000 settlement after his accident which is almost gone. That money subsidizes the $3,000-a-month residential care home where he has lived since leaving the hospital in August 2004. His parents want to keep him there, but they can’t afford it, and no public program will pay for it. Medi-Cal will pay, however, for Jeff Lewelling to live in a nursing home, at twice the price. Floyd Lewelling said, “Medi-Cal or someone should be able to evaluate the situation and see it’s cheaper (where he lives now), and he gets the care he needs.” California does not have federal approval to use Medi-Cal dollars to pay for community-based services, such as board-and-care homes and people with traumatic brain injuries don’t qualify for county mental health services. The Lewellings cannot imagine their 43-year-old son in a convalescent home. He may not have full cognitive ability, but he’s not ready for a nursing home. In fact, that may not be an option either because two local nursing homes have turned down Jeff’s application because he is too young and can have behavioral issues. The state Department of Mental Health formed a Traumatic Brain Injury Advisory Board in November to develop possible solutions for situations such as the Lewellings’.

Posted by Kerry N. Jardine at 04:40 PM | Permalink | Comments (0) | TrackBacks (0)

So far this year, 4 people have died on Colorado slopes. The latest included a doctor from Kansas who fractured his neck after going airborne at Breckenridge’s terrain park and a 22-year-old snowboarder who suffocated to death after falling into a tree well head first at Steamboat. According to recent studies from the 2007 International Symposium on Skiing Trauma and Safety there are a number of factors responsible for the increase in death and injuries. A large-scale study in France showed that 10 percent of injuries on the slope were caused by collisions between people. That is up from the previous steady 6.4 percent. The most common type of collision is “by far” a snowboarder hitting another snowboarder and skier colliding with skier. The rate of snowboard injures are increasing from 3.37 injuries 1990/91 to 7 injuries per 1,000 incidents. The use of helmets has been estimated to be about 40 percent of users and while reducing the number of head injuries by 30 to 50 percent, the number of less serious injuries has remained constant. Surprisingly, over the last nine seasons there has been no significant reduction in fatalities due to head injury. Non-helmet use increased the likely hood of death by head injury to two times more. There are several reasons why fatal head injuries are still a risk. One being that helmets are designed to protect the head up to 12 mph and most collisions involve the skier/boarder traveling twice to three times that speed. Studies have also shown that those wearing helmets ski faster than those without helmets. What may not be so widely known is the increased risk of death by falling into a tree well. A tree well is usually made after heavy snows. Skiers and snowboarders in search of fresh powder off the established trail are at the most likely in danger. The snow in a tree well is like quicksand and the more the victim struggles, the deeper they bury themselves, usually suffocating to death. Colorado accounts for 17 percent of these kinds of fatalities in North America, trailing British Columbia (24 percent) and California (19 percent). Over the past seven years, snowboarders were twice as likely as skiers to be involved in these accidents. That is why it is always encouraged to ski with a partner so they can assist if one happens to find themselves in any of these types of situations.

Posted by Kerry N. Jardine at 10:35 AM | Permalink | Comments (0) | TrackBacks (0)

Baxter has been recalling its pre-filled Heparin units and vials since January 17. The Food and Drug Administration announced the urgent nationwide recall to consumers. The recall includes nine lots of heparin sodium injection 1000 units/mL 10mL and 30mL multi-dose vials. The recall is in response to an increase in the number of reports of adverse patient reactions that may be associated with the product. The allergic-type reactions include stomach pain or discomfort, nausea, vomiting, diarrhea, decreased or low blood pressure, chest pain, fast heart rate, dizziness, fainting, unresponsiveness, burning sensation, redness or paleness of skin, abnormal sensation of the skin, mouth or lips, flushing, increased sweating, decreased skin sensitivity, headache, general feeling of illness, restlessness, watery eyes, throat swelling, thirst and difficulty opening the mouth. Some of these reaction may be severe and even life threatening. Heparin is a prescription blood thinner. The recalled units are primarily used for hemodialysis and cardiac invasive procedures. Customers have been told to discontinue use and to separate the product from their inventory.

Posted by Kerry N. Jardine at 04:33 PM | Permalink | Comments (0) | TrackBacks (0)

Pictures taken of the Monte Carlo Resort & Casino Fire in Las Vegas have given investigators the break they needed to determine the initial point the fire started. They are still trying to determine what started the fire. The casino had to re-locate its estimated 5,000 guests and to find new venues for conventions scheduled for the hotel. It is estimated that the damage to the hotel could be in the tens of millions of dollars. An ambulance company spokeswoman said 17 people were taken to hospitals with minor injuries, mostly from inhaling smoke or from fleeing the building. None of the 120 firefighters were hurt. An ATF fire investigator visited Channel 8 studios to review the tape with the pictures of the fire. While another angle from the ground confirmed what was suspected. The fire made a "V" form on the side of the Monte Carlo. The investigator says that "V" indicates the point of origin. Fire Chief Steve Smith said the fire was an exterior fire fueled by a foam-like building material. Apparently, welders were working on the roof prior to the fire.

Posted by Kerry N. Jardine at 10:28 AM | Permalink | Comments (0) | TrackBacks (0)

It used to be that residents of South Dakota who suffered a Traumatic Brain Injury would have to go out of state for treatment. That will change this year through a new collaboration between state and private parties. Irene, South Dakota will become the home to the states first long-term care facility specifically designed for TBI patients. Sunset Manor/Avera, a nursing home, will renovate its former independent-living facility for a TBI center. Plans call for the TBI unit, known as Sunrise Villa, to open by mid-July after undergoing a projected $500,000 remodeling project, said administrator Becky McManus. “This is a wonderful opportunity for the community of Irene," she said. "This will enable patients with traumatic brain injury to live in a community setting. The units are specifically equipped to meet the needs of these individuals and will be designed by a variety of consultants experienced in TBI care.” The center will be geared toward younger adults who experienced their injury after the age of 21. The facility will house up to eight TBI patients in one-bedroom apartments, McManus said. Each apartment will feature a kitchenette, refrigerator and microwave in addition to a fully-accessible bathroom. "There has been a need for this in the state for quite some time," she said.

Posted by Kerry N. Jardine at 04:25 PM | Permalink | Comments (0) | TrackBacks (0)

Carl Youngberg was on a church mission trip to Honduras seven months ago when he suffered a traumatic brain injury. On the last day of the trip it was his turn to paint a mural when a ladder collapsed and Carl’s head hit the concrete floor from 12 feet up. Carl looks fine and can sometimes poke fun at himself, but he suffers from memory loss, dizziness, shaking in his hands and a 50 percent hearing loss. He is still plagued by the invisibility of his injury. To everyone, Carl seems fine, but expresses his discouragement, “Nobody knows you’re wounded. And you just know inside that everything is just crazy. It’s kind of like a massive case of ADD on steroids. You just feel so fragmented. It takes time to get centered and it’s a big challenge for me.” He has made progress, and hopes he continues to.

Posted by Kerry N. Jardine at 10:21 AM | Permalink | Comments (0) | TrackBacks (0)

In response to the latest study coming out of the Boston Collaborative Drug Surveillance Program (BCDSP) the FDA is urging women who are currently using the Ortho Evra transdermal birth control patch to discuss with their doctors as soon as possible their risk to Venous Thromboembolism. Venous Thromboembolism or VTE is characterized by serious blood clots in a vein. At the sight of the clot, typically it will become painful, red and swollen and could partially or totally block blood flow. VTE occurs most often in the veins of the legs and pelvis and also the arms. If the clot or part of it breaks off and travels to the lungs and/or heart it is called a pulmonary embolism. Janet Woodcock, M.D., Deputy Commissioner for Scientific and Medical Programs, Chief Medical Officer, and acting director of the Center for Drug Evaluation and Research, said "For women that choose to use contraceptives, it is important that they thoroughly discuss with their health care providers the risks and benefits involved. This is an example of FDA working in tandem with the drug manufacturer to keep the public informed of new safety data and epidemiological studies that may impact health decisions about the use of FDA approved products."

Posted by Seth A. Katz at 10:19 AM | Permalink | Comments (0) | TrackBacks (0)

According to a study conducted by Dr. Lauris Kaldjian, associate professor of medicine at the University of Iowa, Carver College of Medicine, doctors fail to report medical mistakes. The 338 doctors surveyed admitted that they are willing to report medical errors, but don’t. In the 1999 U.S. Institute of Medicine report, an estimated 100,000 Americans die because of medical mistakes. It was found that about 55 percent of those surveyed knew how to report errors and only 40 percent knew what kind of errors should be reported. The findings confirm previous research, said Dr. Thomas Gallagher, an associate professor of medicine at the University of Washington who has conducted numerous studies on error handling by the medical profession. “The gap comes from a number of areas. Physicians are unfamiliar with the reporting process and their role in it. And a fair number of physicians are not certain how the process works. More important, physicians often are skeptical about whether reporting will have an impact on the quality of medical care that they would like it to.” More feedback from hospitals when an error is reported could improve the situation, Kaldjian said. “It is all the more important that hospitals be clear about why they have this reporting system and how the information from it will be used,” he said.

Another recent report by a Washington D.C. consumer advocacy group feels more work is needed to make the public aware of the those doctors who are repeat offenders in the medical malpractice arena. In addition to recommending improvements in patient safety and healthcare providers training, the report stressed the importance of disciplining repeat offenders. Unbelievably, only 33% of the medical doctors who made 10 or more malpractice payments were disciplined by their state medical board. Some doctors with as many as 31 medical malpractice payments have never been subjected to any disciplinary action. A new survey suggests nearly all doctors do not turn in their less-than-ethical colleagues, indicating disconnects between what doctors say is the right thing to do and what they actually do.

Posted by Scott J. Eldredge at 10:59 AM | Permalink | Comments (0) | TrackBacks (0)

New information released is pointing at a link between prior food poisoning and health problems later experienced months or years later. The CDC says foodborne illnesses cause 325,000 hospitalizations and 5,000 deaths a year. E. coli and other food borne illnesses are being linked to such health problems as high blood pressure, kidney damage or even kidney failure experienced by people 10 to 20 years later who survived severe E. coli infections as children. Others are experiencing arthritis after suffering from salmonella and shigella. Some are suffering from a mysterious paralysis that attacks people who just had mild symptoms of campylobacter. Donna Rosenbaum of the consumer advocacy group STOP (Safe Tables Our Priority) hears every week complaints from patients with health problems that they suspect or have been told are related to food poisoning years earlier. One woman survived an E. coli poisoning at 8 and had to have her colon removed in her 20s. Others have developed diabetes because of an inflamed pancreas caused by foodborne illness. Some parents wonder if their child’s learning difficulties are linked to it. STOP this month is beginning the first national registry of food-poisoning survivors with long-term health problems to assist scientists with research into the issue.

The University of Utah has tracked childhood victims of E.coli for a long time and about 10 percent of the sufferers develop a life-threatening complication called hemolytic uremic syndrome, HUS, where their kidneys and other organs fail. Ten to 20 years after recovery between 30 and50 percent of HUS survivors will have a kidney-caused problem, says Dr. Andrew Pavia, the university’s pediatric infectious diseases chief. The problem includes high blood pressure caused by scarred kidneys, failing kidneys and end-state kidney failure that requires dialysis. About 1 in 1,000 sufferers of campylobacter, a diarrhea-causing infection spread by raw poultry, develop far more serious Guillain-Barre syndrome a month or so later. Their body attacks their nerves, causing paralysis that usually requires intensive care and a ventilator to breathe. About a third of the nation's Guillain-Barre cases have been linked to campylobacter, even if the diarrhea was very mild, and they typically suffer a more severe case than patients who never had food poisoning. Salmonella exposure has been linked to reactive arthritis six months after the poisoning. It can cause joint pain, eye inflammation, and painful urination and can lead to chronic arthritis. HUS can cause blood clots throughout the body.

Posted by Kerry N. Jardine at 06:56 PM | Permalink | Comments (0) | TrackBacks (0)

Jacksonville Naval Hospital has five pending lawsuits against it in the U.S. District Court in Jacksonville. In fact, the government recently agreed to pay $750,000 to settle a medical malpractice lawsuit of the family of a woman who died after undergoing eight surgeries in 35 days at the hospital in 2005. The woman died of a blood infection after showing up with abdominal pain at the emergency room. The lawsuit accused the Navy of failing to properly evaluate or diagnose her, provide reasonable care and transfer her to a facility equipped to deal with her medical condition. The hospital has been sued repeatedly over the last few years, facing allegations of substandard care.

Posted by Scott J. Eldredge at 10:02 AM | Permalink | Comments (0) | TrackBacks (0)

Kevin Hodges suffered a http://www.burgsimpson.com/brain.html at the age of 9 when he was hit by a truck going 45 mph. Kevin is now 22 and did not learn of his disorder until he was 15. The injury he sustained from the accident was to his frontal lobe, which affects reasoning, behavior and short-term memory. A business in Bloomington, IN provides services for people like Kevin; it is called Options for Better Living Inc. The services Options provides vary from community living so clients can live at home with assistance of the Options staff to respite care which provides temporary support. Kevin received special education in school after he was misdiagnosed as being moderately mentally handicapped. It wasn’t until his parents started researching other services like Options when someone from Indiana University doing a study came by, heard their story and encouraged the Hodges to find a case manager. It was then that the case manager informed them he might have a TBI. The Hodges were required to go to a court hearing to prove Kevin had the injury and qualify for a traumatic brain injury waiver. The judge agreed and that qualified them for the services they receive including help from Options. "As soon as he was diagnosed with traumatic brain injury, that opened the door for all the services that were available that he's currently getting," Kevin’s father Kenny Hodges said. Kevin has been an Options client for about six years. Kevin spends 12 hours, six days a week at the establishment which includes different activities. He goes fishing, plays basketball, swims and goes on hikes. "They just hang out with Kevin and have fun," Kenny said. "Anywhere he wants or needs to go, they're pretty much there." There will come a time when Kevin has to move to a group-type setting with 24-hour care. Before that, Options wants to help Kenny learn to perform daily tasks such as showering, managing a job and budgeting money. The biggest improvement seen is his son's social behavior, the father said. He credited Options with helping to implement a program designed by a behavioral specialist. "They've just been there for us when we needed them," he said.

Posted by Kerry N. Jardine at 08:55 PM | Permalink | Comments (0) | TrackBacks (0)

LegalView recently learned of a high-tech baby doll developed at the University Of Oslo in Norway that can help determine the affects of TBI in victims of shaken baby syndrome. Australian researchers are using the doll to help them better understand how an infant’s brain is affected after a brain injury. Researchers use the built in technology to determine the stress a baby’s brain endures after a brain injury. According to researchers, the baby doll is an important tool to determine medical results of a baby who suffered from violent shaking and is important in assisting legal cases against individuals responsible for brain damage in a child.

Posted by Kerry N. Jardine at 04:52 PM | Permalink | Comments (0) | TrackBacks (0)

A study conducted by the Boston Collaborative Drug Surveillance Program on behalf of Johnson and Johnson has led the Food and Drug Administration to approve of label changes to the Ortho Evra Birth Control Patch. The label changes include findings of the epidemiology study that found users of the patch were at a higher risk of developing blood clots know as venous thromboembolism (VTE) than were users of birth control pills. VTE has been known to lead to pulmonary embolism. The recent study used women aged 15-44 and supports an earlier report that agreed with the findings. The FDA still believes that Ortho Evra is safe when used following the labels instructions. In September 2006, the FDA revised the label for Ortho Evra to warn women of the risk of VTE based on two epidemiology studies. The original BCDSP study showed there was not an increased risk compared to women using birth control pills. In contrast, a study conducted by i3 Ingenix, showed that some women using the patch were at twice the risk of developing VTE. It is interesting the variation of the findings by BCDSP between the study in 2006 and the most recent one.

Posted by Seth A. Katz at 12:27 PM | Permalink | Comments (0) | TrackBacks (0)

In the most recent version of The New England Journal of Medicine a report was made on the lack of antidepressant drug studies being published. Almost a third of the studies are never scene in medical literature and it is attributed to the drug being tested did not work. In fact in some of the published studies, unfavorable results have been reworked to make the medicine appear more effective than it really is, said the research team led by Erick Turner of the Oregon Health & Science University. The studies authors continue, “Selective publication can lead doctors to make inappropriate prescribing decisions that may not be in the best interest of their patients and, thus, the public health.” A little known notion is that unfavorable test results are quietly tucked away and it’s called the “file drawer effect.” The Turner team used a U.S. Food and Drug Administration registry in which companies are supposed to log details of their drug tests before the experiments are begun. Of the 74 studies that started for the 12 antidepressants, 38 produced positive results for the drug. All but one of those studies was published. In contrast, only three of the 36 studies with negative or questionable results, as assessed by the FDA, were published and another 11 were written as if the drug had worked. "Not only were positive results more likely to be published, but studies that were not positive, in our opinion, were often published in a way that conveyed a positive outcome," said the authors.

Posted by Kerry N. Jardine at 10:19 AM | Permalink | Comments (0) | TrackBacks (0)

A three time recipient of the Purple Heart, Darrell Moody, is using the lessons he learned treating his traumatic brain injury to help others who have suffered the same. Moody was shot in the head by a sniper’s bullet in Iraq. The bullet penetrated his helmet and lodged itself in the frontal lobe of his brain. He was then shot six times in the back as he tried crawling to safety and then suffered two collapsed lungs when a rocket-propelled grenade detonated two yards away. Amazingly, he stood up and returned fire before passing out. What is so remarkable about Moody’s recovery is not so much his survival, but taking ownership of his TBI and seeking resources outside of the VA. His recovery took months. He began seeing a local neurologist at his own cost and started a regimen of computer programs designed to increase mental function. He is taking 10 types of medication including sleep aids, anti-depressants and anti-psychotics. In the midst of his own recovery he has started a non-profit group, the DM Wounded Soldiers and Family Foundation, to help fast-track soldiers with TBI on the path to recovery. "The Army dropped the ball on me, so I'm picking it up from there and running with it," he said.

The goal of the foundation is to identify soldiers with severe TBI and provide them immediately with the treatments it took him months to get. Those include a laptop computer, an mp3 player with brainwave music and a personal digital assistant (PDA) to keep track of their daily routines. Moody seeks to help soldiers who are in need of financial assistance during their recovery. The foundation has helped three soldiers get equipment and most of the cost has come from limited donations and his pocket. In the meantime he says he's flooding the phone lines of newspapers and radio stations trying to get the word out and rustle up donations. His work has started to pay dividends, small as they may be. "A guy asked me what he could do to help the troops and I told him," Moody said. "The next week I got a check in the mail for $25. It's not much, but every bit helps."

Posted by Kerry N. Jardine at 07:17 PM | Permalink | Comments (0) | TrackBacks (0)

A lawsuit has been filed in the Circuit Court of the City of St. Louis in Missouri on behalf of a woman who alleges she developed nephrogenic systemic fibrosis after being exposed to the contrast dye gadolinium. She was given OptiMARK® during an MRI scan and sustained the devastating and potentially deadly tissue disease, NSF. The complaint has been filed against Tyco Healthcare Group, LP and Mallinckrodt, Inc., (subsidiary of Tyco). The complaint states that as a result of being administered OptiMARK® by her physician three times during October 2004 and once during December 2004, the plaintiff was also overexposed to gadolinium. In July 2007, the plaintiff was diagnosed with NSF. Since then, her condition has resulted in bodily impairment, disfigurement, and scarring, as well as fibrosis and contractures in her extremities. NSF/NFD only occurs in patients with kidney disease who undergo an MRI or MRA where a gadolinium-based dye is used. Its symptoms include the skin’s texture changing to a wood-like consistency or feeling like orange peel. Accompanying these symptoms are sensations of burning, itching, and severe sharp pains in specific areas. The lawsuit also claims that Tyco Healthcare insufficiently tested OptiMARK® and disregarded the fact that it could cause debilitating and potentially lethal side effects. Furthermore, the suit states that Tyco Healthcare knew of the risk for dangerous side effects, yet withheld evidence from the Food and Drug Administration during the approval process. The number assigned to the case is Case No. 0722CC09411.

Posted by Kerry N. Jardine at 10:14 AM | Permalink | Comments (0) | TrackBacks (0)

In an editorial posted in the Miami Herald an attorney addresses the medical malpractice situation in Florida. Florida capped statutory damages on medical malpractice awards five years ago. Since then, two courts have disagreed on the constitutionality of it. The Florida Supreme Court is expected to rule on the issue in individual cases brought before it. Nationwide, fewer medical malpractice lawsuits are being filed. The decline is evident in states without caps. The only group benefiting is the medical malpractice insurers which have reported record profits. Perhaps the “'crisis” is being exaggerated. The drop in medical malpractice lawsuits can be linked to the implementation of better patient safety programs created by hospitals. This is according to a recent study by AON Corp. and the American Society for Healthcare Risk Management. The annual report indicates the frequency and severity of hospital claims are at new lows. The authors said that hospitals are creating patient-safety programs for emergency rooms and obstetric departments and predict hospitals will spend less on liability judgments. Attorneys known to take on malpractice lawsuits are not surprised by the studies findings.

Posted by Scott J. Eldredge at 04:10 PM | Permalink | Comments (0) | TrackBacks (0)

Virginia State medical board officials have administratively punished two northern Virginia obstetricians who had immunity from being sued over catastrophic birth-injury cases. The two doctors received formal reprimands for their handling of births that resulted in lifelong and devastating injuries to infants during labor and delivery. The reprimands have no monetary penalties attached and do not affect the doctors’ ability to continue to practice. The reprimands will become part of their permanent record and will appear on their profile on a web site that lists background information on Virginia licensed physicians. How do the reprimands pay for the long term care of the injured infants? One such victim told a medical board panel about her emergency C-section. She labored for hours alone as her baby’s heart rate dropped and oxygen was unable to get to him in-utero. Her son now has cerebral palsy and requires 24-hour long term care. The doctors were protected from being sued by Virginia's Birth-related Neurological Injury Compensation Act. Legislators created the program in 1987 to help obstetricians facing high malpractice insurance costs and to get medical care to injured children without going to trial. The state's Board of Medicine reviews cases and decides whether the infants are entitled to medical care financed by a fund to which doctors, hospitals and insurers contribute. As with all bureaucracies the decisions probably result in insufficient coverage placing increased financial burden on the families.

Posted by Scott J. Eldredge at 09:11 AM | Permalink | Comments (0) | TrackBacks (0)

The Medical Injury Compensation Reform Act, or MICRA that California enacted in 1975 is preventing victims and their families fair compensation. Since the act was passed it has not raised the pain and suffering caps at $250,000 to account for inflation. Critics feel the act has prevented victims and their families from fair compensation, especially low-income workers, children and the elderly. Some malpractice victims and their families say the benefits of the law have swung too far in favor of doctors. Without accountability what will keep physicians from making careless mistakes? Several states have set their malpractice caps considerably higher than California's because of worries that they affected poorer patients most. Some state courts have begun to examine the fairness of their malpractice laws. California lawmakers rarely have reconsidered the state's malpractice legislation.

Posted by Scott J. Eldredge at 07:08 PM | Permalink | Comments (0) | TrackBacks (0)

A United Airlines Boeing 757 backed into a SkyWest CRJ-700 jet carrying 60 passengers at San Francisco International Airport. The United plane was being transferred to a hangar for maintenance. The SkyWest passengers were not injured. At the time of the accident there were no “wing walkers” on the ground directing the vehicle pushing the 757. Apparently, there is no airport policy requiring the assistance of “wing walkers” when a plane is being moved for maintenance. This latest incident calls into question the safety procedures in place at the airport and by the airlines. The Federal Aviation Administration will be investigating the incident. In a report from October by the FAA, the airport was declared one of the riskiest in terms of near-collisions or pilot confusion while taxiing. According to the FAA report, the airport had four runway incursions in the previous year. Nationwide, there were 330 reports of near-collisions and other dangerous incidents between October 2006 and September 2007. The totals at San Francisco and San Jose airports each amounted to between 1 and 2 incursions for every 100,000 flights in 2007.

Posted by Kerry N. Jardine at 10:04 AM | Permalink | Comments (0) | TrackBacks (0)

In the past victims of a traumatic brain injury were warehoused in facilities that lacked activities geared toward rehabilitation. Some patients were even restrained all day and often would become agitated and would need to be sedated. It was a vicious cycle. At University Hospital in Newark, New Jersey a program called Planned Activities Less Medication (PALM) has been developed to address the deficiencies. Linda McGinnis, directory of Patient Care Services for the Critical Care Division invented PALM. “Restraints, we felt, were dehumanizing,” McGinnis says. “In the past, patients would be restrained in their rooms all day, which made them even more confused, and often they required more sedation. But if we released their restraints, they became a risk for elopement or falls.” One-on-one sitters also proved unsatisfactory because demand depleted the work force. McGinnis created a room with carpeting, dim lighting, soft music, and aromatherapy with a variety of activities available to participate in that were entertaining and therapeutic. Many of the activities are geared toward rehabilitation. “Our objective is to provide a safe environment that will allow a continuum of care so we can decrease the length of stay for these patients,” explains McGinnis. “The patients love it. We have asked them to write down what they think about PALM, and their responses have been heartwarming.”

Posted by Kerry N. Jardine at 07:02 PM | Permalink | Comments (0) | TrackBacks (0)

A new study finds Vietnam veterans who suffered a traumatic brain injury during the conflict have experienced a faster decline in cognitive functioning as they age than veterans who did not. The veterans in the study have been followed since 1967 and they all suffered penetrating head injuries. Researchers found that the rate of cognitive decline can be predicted by how intelligent they were before their brain injury, their level of education, the size and location of the injury and certain genetic markers linked with brain injury and neuro-degeneration. The level of intelligence and completed higher education before brain injury was associated with a lesser decline of cognitive function. "Nearly two-thirds of injured U.S. soldiers sent from Iraq to the U.S. army medical center have been diagnosed with traumatic brain injuries," study author Dr. Jordan Grafman, senior investigator in the Cognitive Neuroscience Section at the National Institute of Neurological Disorders and Stroke, noted in a prepared statement. "The additional burden of accelerated cognitive decline to brain-injured veterans should be considered when estimating their future health care needs. These veterans would benefit from lifelong care by neurologists and specialists in head injury. Particularly as they age, given their injury, they may have greater needs than others, and the health care system, if prepared for this, can essentially shadow these soldiers," Grafman said. The study has been published in the December 19, 2007 journal Brain. The findings could have implications for the Iraq and Afghanistan veterans

Posted by Kerry N. Jardine at 10:30 AM | Permalink | Comments (0) | TrackBacks (0)

The University of Texas has been chosen by the Department of Veterans Affairs in treatment and detection of traumatic brain injuries experienced by U.S troops. The program will use UT's new state-of-the-art brain scanner at the J.J. Pickle Research Campus in North Austin. Initially, efforts will focus on the troops. The research campus has one of the most sophisticated brain imaging devices in the world. Officials say they hope the $4.2 million program, which got its funding from the VA, will eventually expand into brain injuries among children and athletes. The VA program is the first to combine the three types of brain scans the machine is capable of. One type of scan takes snapshots of the brain during various activities. The snapshots are used to compare how areas of the brain are working at different times. Another type of scan focuses on particular connections of the microscopic pathways that communicate between portions of the brain. A disruption in those pathways can manifest themselves as the inability to move a limb or to reason through complex problems. The third type of scan will analyze the chemicals in a disrupted stretch of pathway to determine what is wrong. Neuropsychologist Dr. Jim Misko a member of the Brain Injury Association of Texas expresses this in response to the new funding, "This is what the field has been waiting for. Rehab professionals are sorely in need of knowing which treatments really are effective and which ones aren't."

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A 77 year-old Connecticut pediatrician was reprimanded for medical malpractice when he diagnosed and treated Lyme disease over the phone in two children and prescribed antibiotics based on a phone conversation. Dr. Charles Ray Jones was fined $10,000 and placed on two years probation by the Connecticut Medical Examining Board. Dr. Jones also broke standards when lab test results were negative for the disease and he decided to treat for it for nearly a year without follow up examinations. Two major medical associations released guidelines that found no conclusive evidence that long-term antibiotics helped and warned that serious side effects, such as drug-resistance to super germs, can result from long-term antibiotic use. Lyme disease can cause painful arthritis, meningitis, and other serious illnesses if not treated promptly.

Posted by Scott J. Eldredge at 06:24 AM | Permalink | Comments (0) | TrackBacks (0)

A new Traumatic Brain Injury center has opened in Rochester, Minnesota. The center, Fresh Start, is funded by the state. The new program is a place for victims of a TBI can go and learn skills that they lost after their injury. The participants use artwork, puzzles and video games to improve their brain plasticity. Participant John Griffin says, "It gives my mind a chance to work. It's given me a chance to advance and get more social. Like I'm not a real social person and I get to be with people and do different things." Fresh Start Executive Director LaDeane Peterson further explains, “Getting people with brain injury out in the community, teaching them more skills that they have probably lost." As participants have fun with the projects they are working on their coordination, social skills and short term memory. “If you do not work with brain injury they are not going to get any better. The sooner you start working with someone after a brain injury the better success rate you have,” says Peterson. She goes on to say that while the center has only recently been open much progress has already been made with the participants.

Posted by Kerry N. Jardine at 09:19 PM | Permalink | Comments (0) | TrackBacks (0)

http://www.burgsimpson.com/malpractice.htmlThe Virginia State Supreme Court is being presented with opposing views concerning medical malpractice and tax-exempt physician foundations. At stake are the rights of patients injured by negligence to seek damages from medical establishments considered as charitable. The medical establishments employ about 1,200 doctors and support the state’s three medical schools, Virginia Commonwealth University, The University of Virginia and Eastern Virginia Medical School. Lawyers on both sides of the issue describe this as the most significant matter taken up by the court regarding medical malpractice since 1990. If the medical establishments succeed they could win immunity from malpractice suits because of the charitable care they provide for the poor. Lawyers representing three plaintiffs in malpractice suits told the high court that the charitable immunity doctrine is being misapplied and disguises multimillion-dollar business models whose primary focus is profit. He further claims that the University of Virginia Health Services Foundation generates about $215 million in revenue a year while less that 1 percent of costs can be applied to charitable care. What remains problematic is there are a least a dozen medical malpractice cases on hold against physicians affiliated with the EVMS and Univ. of Va. hoping for the Supreme Court to rule for immunity. This latest issue stems from a 2005 case in which the Supreme Court ruled that a YMCA was immune from a lawsuit filed by a youth who was attacked within the facility.

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Denver, Colorado’s Craig Hospital is known as the premier medical facility for those who have suffered catastrophic spinal-cord and traumatic brain injuries. Recently it was home to Jenny McCune of Bozeman, Montana. While riding her bicycle 6 months ago McCune took a turn too wide and crashed into a ravine suffering a spinal-cord injury that left her paralyzed from her shoulders down. Fortunately, the crash did not sever her spinal-cord, only shook it badly enough to cause severe bruising resulting in paralysis. Prior to her accident she was a bike club president, Team Delphine rider and an elite athlete. After two weeks in the hospital she was stable enough to be moved Craig Hospital in Denver. At that time she could only lift her hand into a thumbs-up position. Now after 6 months of rehabilitation therapy she can now slowly type on a keyboard, use her cell phone, feed herself, dress and walk with assistance. Here progress is far beyond her doctor’s expectations.

After her two month stay at Craig Hospital she moved to Gainsville, Florida because the university there has a big research center for spinal-cord injuries. McCune is to take part in a study there called “Lightgate”. The study is based on two techniques with similar goals to re-teach the body to walk. One part will use a treadmill and harness which will hold up to 30 percent of the patient’s weight while one physical therapist controls the movement of one leg, a second therapist moves the other while a third therapist controls movement of the pelvic region. The second part of the study includes a robotic exoskeleton which replaces the three physical therapists on the treadmill. The research is designed to help determine which theory is more successful in rehabilitation in spinal-cord injuries. Jenny McCune has made excellent progress toward a full recovery. McCune has been blessed by the community she was a part of in Bozeman. When they heard of her accident they raised thousands of dollars for her medical expenses. Not all spinal-cord injury victims as so fortunate and are often left with overwhelming medical bills with no way to cover them.

Posted by Kerry N. Jardine at 12:15 PM | Permalink | Comments (0) | TrackBacks (0)

West Virginia University and Marshall University medical programs will benefit from a settlement of a class-action lawsuit filed against the makers of the diabetes drug Rezulin. After eight years of litigation the makers of the drug, Warner-Lambert Company and Parke Davis, decided to settle to avoid further costs. The class-action lawsuit was approved by the West Virginia State Supreme Court in 2003. Cases involving the most severe injuries and deaths had already settled their lawsuits. As part of the settlement, the defendants denied wrongdoing and yet the company withdrew the drug from the market. Supreme Court Judge Hutchison said an estimated 4,000 people could claim either a $200 or $1,500 payment if they file the required paperwork by February 4th. What is left will be sent to the two medical schools. West Virginia University will receive 63 percent of the funds and will be used for diabetes research. Marshall University will receive the rest for its rural health program and to establish a professorship with a specialty in diabetes. Hutchison said, “This has the potential for doing a world of good for people in West Virginia who are fighting this horrible disease. It's money that can lead to some breakthroughs or some more education to help people deal with their disease.”

Posted by Kerry N. Jardine at 06:13 AM | Permalink | Comments (0) | TrackBacks (0)

LearningRx is a brain-training company that specializes in helping children overcome learning difficulties. The latest clients of the company’s product are those who are recovering from a http://www.burgsimpson.com/brain.html. Tanya Mitchell, vice president of research and development for LearningRx goes on to say, “Our cognitive skills training program can help anyone get a better brain permanently. We’ve helped kids break down barriers caused by things like dyslexia and ADHD, so we’re not at all surprised it’s getting such great results for people with long-standing problems linked to traumatic brain injury.” The way it works is LearningRx discovers the weak cognitive skills linked to learning problems and then uses intense one-on-one training to build the weak areas up, eliminating or reducing the struggles faced. The same methodology is used for victims of TBI. LearningRx was the missing piece to the full recovery of 54-year-old Rebecca Ratliff who thought she would never regain her abilities before her TBI seven years ago. “After nine-months of treatment and therapy, the doctors told me there was nothing more I could do. I have much better focus, and my retention is higher, and it’s easier for me to go into my brain and pull things out than it was in the past.”

Posted by Kerry N. Jardine at 09:12 PM | Permalink | Comments (0) | TrackBacks (0)

A lawsuit has been filed in the Nassau County Supreme Court in Mineola, California on behalf of a 14-year-old who was hit by a woman and her car New Year’s Eve while under the influence of drugs and alcohol. The boy, Nicosia, is struggling to recover from the brain injury he incurred at the accident. He has lapses in memory, slurred speech and difficulty balancing. Susan Deturris, 52, was previously convicted on alcohol and drug-related driving charges in 1982, 1994 and 1999. She remains in jail on $10,000 bond or $5,000 cash bail and is charged with vehicular assault and driving while impaired by alcohol and drugs. Nicosia has since been moved to the brain trauma center at St. Charles Hospital and Rehabilitation Center. The family is also seeking retribution from the Town of Oyster Bay where the notice to sue alleges that the town failed to maintain streetlights and that they were not working at the time of the impact.

Posted by Kerry N. Jardine at 12:10 PM | Permalink | Comments (0) | TrackBacks (0)

Officer Brian McAchran of Buckeye, Arizona was responding to a call in March 2005 when a semi-truck operated by Knight Transportation blew through an intersection barreling into him and dragging him and his cruiser more that 200 feet. The former officer is still recovering from a traumatic brain injury and extensive damages to his face and head he incurred at the time of the accident. The former SWAT officer is unable to work as a police officer again. After almost three years of the accident an Arizona jury found the trucking company and their driver liable and awarded McAchran just over $3 million. The verdict will help Brian McAchran, his wife and two daughters cover his past and future medical expenses.

Posted by Kerry N. Jardine at 06:07 AM | Permalink | Comments (0) | TrackBacks (0)

On Monday January 7th, the FDA warned healthcare providers of complications arising from the use of bisphosphonates. They are marketed under the names, Actonel, Actonel+Ca, Aredia, Boniva, Didronel, Fosamax, Fosamax+D, Reclast, Skelid and Zometa. The FDA wanted to make sure healthcare professionals were aware of any patients who may be suffering with severe pain in their bones, joints or muscles who are currently using these bisphosphonates. The healthcare industry is already informed of the relation between musculoskeletal (muscular) pain and the use of bisphosphonates, but may be overlooking the severe sometimes incapacitating pain and thus delaying diagnosis and treatment. To further complicate matters, when treatment with bisphosphonates begin, the initial side effects can be fever, chills, bone pain, myalgia and arthralgias, but typically resolves itself within several days of the initial intravenous treatment (and may occur with the once a week or monthly treatments). The difference between the beginning treatment and later treatments is that the future pain can become severe and debilitating. The later pain may occur within days, months or years after starting treatment. Some patients who discontinued use have reported complete relief, but others have reported slow or incomplete relief. The FDA advised the healthcare providers to consider whether bisphosphonates might be responsible for the severe pain their patients are currently experiencing and should consider temporary or permanent discontinuation of use.

Posted by Kerry N. Jardine at 09:03 PM | Permalink | Comments (0) | TrackBacks (0)

The deep southeastern part of Utah was the scene of a horrific charter bus accident carrying skiers from Telluride, CO home to Phoenix, AZ. The charter bus operated by Arrow State Lines was southbound on State Route 163 when it was going too fast for a curve and dropped 41 feet off an embankment throwing passenger 100 yards or more, killing 8 and injuring about 20. At the scene of the accident there was a tangle of barbed wire, steel posts, luggage and ski equipment. The roof was split and the tires were gone. Some of the victims were pinned under the bus. The driver suffered only minor injuries. The injured were transported to hospitals in Salt Lake City, UT, Grand Junction, CO and Farmington, N.M. A manifest showed 51 passengers were on board the bus when it crashed in the Four Corners region where Utah meets Arizona, Colorado and New Mexico. Rescue crews from all four states were sent to help. Arrow Stage has had seven bus crashes in the past two years, according to the Federal Motor Carrier Safety Administration database. Four of those accidents involved injuries.

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The January edition of Nature Medicine published an article on a new discovery for people who have suffered catastrophic spinal cord injuries. This discovery could lead to new therapies for the estimated 250,000 Americans who have been paralyzed. According to the Christopher and Dana Reeve Foundation an additional 10,000 occur each year. It was once thought that if the spinal cord route was blocked by an injury the brain could not communicate to control walking. The study out of UCLA has shown that the central nervous system can reorganize and follow new pathways to restore the communication needed to move. Lead author and professor of neurobiology Dr. Micahel Sofoniew at the David Geffen School of Medicine at UCLA explains it this way, “Imagine the long nerve fibers that run between the cells in the brain and lower spinal cord as major freeways. When there’s a traffic accident on the freeway, what do drivers do? They take shorter surface streets. These detours aren’t as fast or direct, but still allow drivers to reach their destination. We saw something similar in our research,” he added. “When spinal cord damage blocked direct signals from the brain, under certain conditions the messages were able to make detours around the injury. The message would follow a series of shorter connections to deliver the brain’s command to move the legs.” Sofroniew and his colleagues blocked half of the long nerve fibers in different places on each side of the spinal cord in mice. They did nothing to the spinal cord’s center. Most of the mice regained limited mobility in their legs within eight weeks. Sofroniew concludes with, “Our study has identified cells that we can target to try to restore communication between the brain and spinal cord. If we can use existing nerve connections instead of attempting to rebuild the nervous system the way it existed before injury, our job of repairing spinal cord damage will become much easier.”

Posted by Kerry N. Jardine at 06:58 AM | Permalink | Comments (0) | TrackBacks (0)

A lawsuit against Medtronic by the family of a New York man has instigated the company to seek a Supreme Court ruling to protect it against future lawsuits. Medtronic has argued that since the FDA approved its medical devices it should preempt patients from bringing lawsuits against manufacturers if they are injured by the approved devices. If Medtronic succeeds in convincing the court to prevent such lawsuits, patients who are injured will lose protection against the defective medical devices that injured them.

Posted by Kerry N. Jardine at 12:55 PM | Permalink | Comments (0) | TrackBacks (0)

A window washer who fell 47 stories from the top of a Manhattan skyscraper is now miraculously awake, talking and expected to walk again. Alcides Moreno, 37, suffered potentially catastrophic injuries when he fell from a scaffolding collapse. The collapse killed his brother. Moreno’s legs, his right arm and wrist were broken in several places. There were severe injuries to his chest, abdomen, spinal column and his brain was bleeding. He may be breathing on his own and able to move his limbs now, but when he arrived at the hospital they were afraid to move him in case it killed him. They performed his first surgery without going to an operating room. He underwent an additional nine orthopedic operations later. For a fall victim Moreno’s injuries were relatively minor and his neurosurgeon said he avoided paralyzing his spinal cord regardless of suffering a shattered vertebra. The hospital where Moreno was treated said that the death rate from just a three-story fall is 50 percent. Those who fall 10 or more stories seldom survive. Alcides Moreno is one of the lucky ones and no one may ever know how he survived. The death rate of falls is concerning and those who do survive will undergo painful and lengthy recoveries. No information is available whether Moreno had insurance or not, but the truth remains that someone will have to pay the bills and it’s doubtful a window washer’s paycheck can cover it.

Posted by Kerry N. Jardine at 06:01 AM | Permalink | Comments (0) | TrackBacks (0)

The renovation for a new traumatic brain injury rehabilitation center is starting in Irene, South Dakota. It is expected to be up and running by midsummer 2008. The center will focus on traumatic brain injury patients who have had acute rehabilitation and now have long-term rehab and therapy needs. This will be South Dakota’s first long-term care facility specifically designed for TBI patients. The facility will be named the Sunset Manor/Avera. The program is a partnership between the South Dakota Department of Social Services, Village Northwest Unlimited, Ability Building Services, Avera Health and Avera Sacred Heart Hospital. “There has been a need for this in the state for quite some time,” said Deb Bowman, secretary of the South Dakota Department of Social Services. “South Dakotans have had to travel out of state to receive this type of specialized care in the past, and now we'll be able to bring some of those families closer to home. Avera really stepped up to the plate helping us work through several issues,” Bowman continued. The renovated facility will house up to eight TBI patients and will enable the patients to live in a community setting.

Posted by Kerry N. Jardine at 06:56 PM | Permalink | Comments (0) | TrackBacks (0)

Rashid Hunter of Fremont, California has filed a class-action lawsuit against Medtronic on behalf of all Californians who have had the company’s defibrillator with the Sprint Fidelis leads implanted. The Sprint Fidelis leads have the potential defect of fracturing and malfunctioning at crucial moments during a cardiac event. At least five deaths have been attributed to the malfunctioning leads. Medtronic issued a recall of the defective product on October 15, 2007. Mr. Hunter’s seeks a Court order holding Medtronic responsible for all related diagnostic actions, medical charges and corrective surgical expenses caused by the defective leads. He expresses the emotional toll the recall has taken on him and his family saying, “I live in constant fear, wondering if my lead will malfunction and kill or cause me severe pain as it has done to others. My family also lives in fear that the device will fail and I won’t be able to get help in time to save my life. It would be a great relief to me and my family if Medtronic was required to fund a program to monitor the health of every patient with the recalled leads.” Hunter v. Medtronic, Inc. was filed in federal court in San Francisco alleging Medtronic misrepresented the safety of its Sprint Fidelis leads and failed to warn that the leads were prone to breakage. The Medtronic Sprint Fidelis lead has had a significantly higher than expected failure rate that appears in just the first two years after implantation.

Posted by Kerry N. Jardine at 12:49 PM | Permalink | Comments (0) | TrackBacks (0)

The consumer group Public Citizen is suing the Food and Drug Administration charging the agency with ignoring calls for stronger warnings on the antibiotic Cipro and similar antibiotics that may cause serious tendon injuries. The fluoroquinolone family of antibiotics including Cipro and Levaquin, already have warnings about the rupture of tendons and other tendon injuries, but at the bottom of the list of side effects. Public Citizen wants those warnings updated to a black box warning, the strictest type of warning in addition to patients receiving pamphlets with each prescription describing the risk. The original petition was filed in August 2006. At the time the FDA’s database showed 262 reports of tendon ruptures between November 1997 and December 2005 in addition to hundreds of other tendon issues patients experienced. Public Citizen feels the FDA is violating its own statutes and putting patients at risk in taking so long to settle the issue.

Posted by Kerry N. Jardine at 06:51 AM | Permalink | Comments (0) | TrackBacks (0)

A new publishing company founded by Cynthia and Stephen Doroghazi of Fort Lauderdale Florida has been started. New River Publications, LLC mission is to “give back” ten to twenty percent of book sale proceeds to the charitable organizations that have helped them with their return to independence after suffering a Traumatic Brain Injury. Their first collaboration was with the bulk purchase by the investment firm Morgan Keegan of “Searching for the Open Door: A Woman’s Struggle for Survival after a Traumatic Brain Injury” on behalf of the Magee Rehabilitation Hospital. The reason Magee Rehabilitation Hospital was chosen by New River Publications, LLC is because Cynthia Doroghazi suffered a TBI as a result of medical malpractice in 1990. Her TBI left her in a coma for three weeks and semi-vegetative state for an additional nine. After several operations, she was transferred to Magee Rehab where she spent three months doing intensive therapy. Magee Rehabilitation Hospital is only one of many charitable organizations that form an integral part of New River Publications, LLC's mission to "give back" by donating both books and book sale proceeds to charity.

Posted by Kerry N. Jardine at 12:47 PM | Permalink | Comments (0) | TrackBacks (0)

A new study out of the University of Georgia finds that most prescription drug ads seen on television do not present all the information necessary to make an informed decision, especially when is comes to the risk of side effects. The team analyzed a week’s worth of consumer ads on broadcast and cable television. They found that the average 60-second ad contained less than 8 seconds of side effect disclaimers and 30-second ads had less than 4.4 seconds of disclaimers. “These ads clearly don’t devote enough time to information about risk,” said Wendy Macias, associate professor in the UGA Grady College of Journalism and Mass Communication. Her results appear in the November/December issue of the journal Health Communication. “Adding to the problem is that the information is often presented in a way that people aren’t likely to comprehend or even pay attention to,” she continues. The 1997 FDA guidelines that allowed drug companies to expand their direct-to-consumer advertising required the companies to “present a fair balance between information about effectiveness and information about risk.” Fair balance is not defined by the FDA. “Very few advertisers are really doing well enough when it comes to actually trying to educate the consumer,” she said. “The ads are presented in such a way that the consumer would have to be paying very close attention and be adept at processing the information to really understand the risks as well as the benefits.”

Posted by Scott J. Eldredge at 06:42 AM | Permalink | Comments (0) | TrackBacks (0)

The Medical Malpractice case against Dr. John King gets even more interesting. Surgeon Dr. King has over 200 malpractice cases against him and tried to forestall the trials by filing for bankruptcy and counter suing the hospital who fired him. More than 100 former patients say they were victims of the incompetent surgeon whom a jury has already found was recklessly hired by the nation's largest for-profit hospital chain, HCA Inc. They hired King in 2002 without checking his credentials which would have shown he never finished his residency. King has lost or surrendered his license in 10 states.

Hundreds of millions of dollars are at stake in this case, but what makes it interesting is that the litigators are brothers. Tyler and Todd Thompson are on opposite sides of the case. “It is tough, because you don't want to lose to your brother,” said Todd Thompson, who is defending HCA. ’I've kidded him that Mom is rooting for me. Tyler Thompson is a member of the plaintiff's team and was brought into the case first. He said that he was not happy when HCA hired his brother. “He is probably the best defense lawyer I know," said Tyler, who as a plaintiff's lawyer will only be paid if he wins. Ethics rules allow lawyers related to each other to litigate against each other only after getting their clients' consent. The concern is that one lawyer might throw the case to aid the other. Steven Lubet, who teaches at Northwestern University law school, said “brothers are often competitive, so I don't see it as an overwhelming problem.” Tyler Thompson is working with a West Virginia firm that has more than 80 of the suits. Todd Thompson is one of a team of lawyers from across the nation defending HCA.

Posted by Scott J. Eldredge at 06:38 PM | Permalink | Comments (0) | TrackBacks (0)

A new study found that about one-third of patients don’t get a defibrillator shock within the recommended two minutes. Those who don’t receive the potentially life-saving shock are more likely to die or end up brain damaged or disabled. Further, for every minute of delay the chance or survival decreases. The study was reported in the latest New England Journal of Medicine. “It is probably fair to say that most patients assume unfortunately, incorrectly that a hospital would be the best place to survive a cardiac arrest,” Dr. Leslie A. Saxon, a cardiologist at the University of Southern California, wrote in an editorial in the journal. The study found that 39 percent of those quickly treated survived and left the hospital, compared with only 22 percent of those whose treatment was delayed past the two-minute guideline. About 30 percent of patients got shocked after the two minutes and sometimes more than 6 minutes. The delays were found to occur most often in smaller hospitals, after-hours or on weekends. The study authors suggested perhaps more automated external defibrillators (AEDs) should be made available throughout hospitals so that nurses could use them instead of waiting for doctors.

Posted by Scott J. Eldredge at 12:35 PM | Permalink | Comments (0) | TrackBacks (0)

West Virginia State Supreme Court Justice Larry Starcher expressed that lawmakers have created absurd courtroom situations by passing medical malpractice lawsuit reform. "I dissent to express my hope that, in the future, the court or the Legislature will recognize the absurd and unconstitutional effects of the (reform) and either strike down or repeal (the reform) in its entirety," Starcher wrote. His comments are in response to a class action lawsuit over the use of contaminated surgical sutures. The plaintiffs sued Charleston Area Medical Center and Thomas Memorial Hospital as well as the makers and distributors of the sutures. Last year the Kanawha Circuit court dismissed the lawsuit because of the way it was filed. They filed it as a products liability issue rather than a medical malpractice issue. In 1986 the Medical Professional Liability Act was passed. Under the act, plaintiffs have to file pre-lawsuit notices to the defendants and a qualified expert has to say the suit is valid. Starcher called the pre-lawsuit requirements "pointless procedural hoops" because a jury could determine whether or not the sutures were safe. He further said the act itself wouldn't affect a jury's finding as to whether or not the sutures were contaminated. “To the contrary, application of the (Medical Professional Liability Act) to the instant case clearly demonstrates the absurdity of the (act), and demonstrates why the Legislature should exercise restraint when it attempts to meddle with centuries-old common law principles," Starcher wrote. He continued, "The only impact the (act) might have is to deprive injured plaintiffs of their rightful damages, by capping the damages that can be recovered at an arbitrary amount that has no relationship to the evidence." Chief Justice Robin Jean Davis agreed to Starcher’s dissent and in a footnote to the original opinion on the case, declared that the pre-lawsuit requirements violated the state constitution, which says the Supreme Court makes such rules, not the Legislature. The constitution also guarantees access to the courts for all people and justice administered without "sale, denial or delay."

Posted by Scott J. Eldredge at 06:33 AM | Permalink | Comments (0) | TrackBacks (0)

Medical Malpractice can be experienced during the prescription of drugs by the medical profession. Medication errors are the most common medical mistakes made in the United States. Upwards of 1.5 million people each year are harmed by medication errors. Sometimes the wrong medication is prescribed because of an incorrect diagnosis or the prescription is written incorrectly with the wrong number used indicating dosage or number of pills to be dispensed. The research numbers are staggering. Drug related injures can cost over $3 billion annually.

How can you protect yourself from medication errors? The FDA found that the most common types of medication errors occur because of improper dosage or the wrong drug being prescribed. The elderly are especially vulnerable because they often take a number of medications. Know the name of the drug and research what it is to be prescribed for. Being aware of what is being taken and why can help reduce the chances of getting and/or taking the wrong medication. Ensure that the instructions given are understood, i.e. with or without food. Physically list all medications, herbs and supplements that are taken and ensure the doctor or pharmacist is aware of the list. Most importantly, ask questions and make sure the explanation is clear. Until a better system is available, take the steps to protect yourself and loved ones from injury and death.

Posted by Scott J. Eldredge at 06:31 PM | Permalink | Comments (0) | TrackBacks (0)

A new Colorado state law known as The Michael Skolnick Medical Transparency Act requires new doctors to the state must report any malpractice cases they’ve lost or settled. The law is named for 22 year-old Michael Skolnick. In September 2001 he blacked out mysteriously and when his parents Dave and Patty took him to the hospital a neurosurgeon told them that he needed to operate immediately. At the time the Skolnicks tried to search the internet for any information about the doctor but found no record of him when in fact he had prior malpractice settlements in another state. During the surgeries something went wrong and partially paralyzed Michael, as well as causing him seizures and psychotic episodes. He suffered for more than 2 years and in June 2004 his condition worsened. Doctors presented his parents with letting Michael die comfortably or put him on life support. Since Michael was unable to speak he used his hands by squeezing to communicate his wishes. He squeezed the answer, “let me go.” In response to their ordeal they fought for legislation that was finally signed in 2007 forcing doctors to disclose prior malpractice judgments on a state website. The disclosures are to be made as they apply for licenses. The rest of Colorado’s doctors will be added to the online database when their licenses are renewed in 2009. The Michael Skolnick Transparency Act is intended to help patients and their families find the information they need to determine a course of action.

Posted by Scott J. Eldredge at 12:29 PM | Permalink | Comments (0) | TrackBacks (0)

When the Ohio Supreme Court upheld a state law limiting how much a person injured by a defective product can be awarded for pain and suffering, the plaintiff’s attorney Janet Abaray had this to say, “The court has decided it is more important to protect a New Jersey company that came into Ohio and injured Ohio citizens than it is to protect Ohio citizens. We feel it’s a really tragic day in Ohio history.” Her statements were based off the law’s authors who said the decision would help improve Ohio’s reputation as a pro-business state. The truth is that the Ohio Supreme Court ruling will make it harder for ordinary Ohio citizens to hold big business accountable. Janet Abaray is representing Melisa Arbino who sued the New-Jersey based Johnson & Johnson over complications she suffered while using the Ortho Evra birth control patch. Arbino said Johnson & Johnson's didn't properly inform women that the patch has 60 percent more estrogen than birth-control pills. Her use of the patch resulted in her developing blood clots on her brain and lungs almost killing her. Arbino sued in Ohio but, because of an Ohio law change in 2004, she can't collect more than $350,000 for pain and suffering if she wins. Abaray challenged the law change in court, saying a jury - not Ohio lawmakers - should determine how much someone should be awarded for pain and suffering and that the law that caps the monetary damages violates Ohio's law allowing a jury to hear the case. The case is set for a June trial.

Posted by Seth A. Katz at 06:24 AM | Permalink | Comments (0) | TrackBacks (0)