About 3,000 residents in Lafayette, Louisiana were told to evacuate their homes after a BNSF Railway train derailed spilling hydrochloric acid from six train cars. Authorities cleared a one-mile radius initially from the accident site. The derailment spread a toxic cloud over the city and five people were sent to the hospital and treated after complaining of skin and eye irritations. State Police could not offer up an estimate for how long the cleanup would take. Hazardous materials specialists have to work cautiously because the acid is so dangerous. Hydrochloric acid can also cause respiratory problems. An estimated 10,000 gallons spilled.

Posted by Kerry N. Jardine at 12:35 PM | Permalink | Comments (0) | TrackBacks (0)

Researchers at Suffolk University’s Law school released a study indicating the purported malpractice premium rates chasing doctors away from Massachusetts make be contrary. In fact, Physicians in Massachusetts pay lower premium rates for malpractice coverage than they did in 1990. The researchers, led by health policy scholar Mark Rodwin, examined data on the state’s physicians from 1975 to 2005 and found that Massachusetts ranked fourth in the U.S. for the amount paid out for malpractice related settlements. Rodwin concluded, “If you don't find a crisis here, you're probably not going to find one nationally,” adding, “Clearly there are some increases in premiums and high premiums for a small percentage of doctors in three specialty groups (obsetrics/gynecology, neurological surgery and spinal surgery), but that's entirely different for the rest of doctors.”

Posted by Scott J. Eldredge at 08:33 AM | Permalink | Comments (0) | TrackBacks (0)

The brave men and women of the United States military may finally be making headway in their legal rights to malpractice recourse. Congressman Maurice Hinchey of New York announced legislation he authored intended to reverse the block to armed service members and their families from holding the military accountable for negligent health care. The bill called the Carmelo Rodriguez Military Medical Accountability Act of 2008 is named after the late Sgt. Rodriquez who died of skin cancer after a series of extraordinary mistakes made by military medical personnel. “The death of Carmelo Rodriguez is an extraordinary tragedy that has left his family with nowhere to turn,” Hinchey said. “As the result of a misguided law and subsequent U.S. Supreme Court ruling, the Rodriguez family and many other military families in similar situations have no way of holding the military responsible for the negligence of military medical personnel. Joining the military should not mean that one has to give up his or her right to hold medical providers accountable. The Carmelo Rodriguez Military Medical Accountability Act of 2008 will finally bring accountability into the military medical system and afford our service members and their families the same rights that the rest of us have when it comes to medical malpractice.”

Posted by Scott J. Eldredge at 04:31 PM | Permalink | Comments (0) | TrackBacks (0)

Roger Vuckovich’s, 45, life was cut short when a doctor failed to diagnose him correctly. An Indiana jury agreed and awarded $4.45 million to the after finding the St. Catherine's Hospital emergency doctor responsible for medical malpractice, plaintiff's attorney Holly Wojcik said. The family sued Dr. Rajeev Sareen after the Dec. 22, 2001 death. Twelve hours after Dr. Sareen discharged Vuckovich from the hospital he died of an abdominal aortic aneurysm. In court it was disclosed that his death could have been prevented if Sareen had ordered a CT scan for an accurate diagnosis. Instead Vuckovich was misdiagnosed as having a kidney stone. Vuckovich's wife, Cynthia, and three daughters were the plaintiffs. Under the state’s cap on damages, she and her daughters award will be reduced to $1.25 million instead.

Posted by Scott J. Eldredge at 08:29 AM | Permalink | Comments (0) | TrackBacks (0)

In response to the irresponsible inaction by the New York State Health Department regarding unsafe and unsanitary practices of Dr. Harvey Finkelstein, Gov. David Paterson is proposing a measure that would empower the state Office of Professional Medical Conduct, which monitors and disciplines physicians. The change is part of a broad safety measure where the OPMC would continuously review malpractice claims and investigate misconduct rather than relying on outside referrals as it does now. The measure includes allowing the OPMC to act more aggressively in halting infectious disease risks. In Dr. Finkelstein’s case it took over a year for the state Health Department to inform thousands of patients of their risk of possibly contracting Hepatitis A and B, HIV and AIDS when it was discovered he reused syringes and pre-filled doses of medication among different patients.

Posted by Scott J. Eldredge at 04:27 PM | Permalink | Comments (0) | TrackBacks (0)

The common practice among malpractice lawyers and insurers in counseling doctors and hospitals is to “deny and defend.” There is still an environment of fear in expressing regret based on the belief that to do so will cause litigation and damage careers. Remaining mum is proving otherwise. Academic medical centers such as Johns Hopkins and Stanford are trying a different approach. They are promptly disclosing medical errors and apologizing. What often triggers lawsuits is concealment of mistakes and the victim’s concern it could happen again. Hospitals practicing apologies have reported a decrease in litigation filed against them. At the University of Michigan Health System, one of the first to experiment with full disclosure, existing claims and lawsuits dropped to 83 in August 2007 from 262 in August 2001, said Richard C. Boothman, the medical center’s chief risk officer. “Improving patient safety and patient communication is more likely to cure the malpractice crisis than defensiveness and denial,” Mr. Boothman said. The number of malpractice lawsuits filed against the University of Illinois has dropped by half since it started just over two years ago disclosing and apologizing , said Dr. Timothy B. McDonald, the hospital’s chief safety and risk officer. In the 37 cases where the hospital acknowledged a preventable error and apologized, only one patient has filed suit. It is believed by some that new disclosure policies may reduce legal claims as well as offering reasonable compensation to every injured patient. Recent studies have found that one of every 100 hospital patients suffers negligent treatment, and that as many as 98,000 die each year as a result. Studies also show that as few as 30 percent of medical errors are disclosed to patients. Only a small fraction of injured patients, about 2 percent, press for litigation. “There is no reason the patient should have to pay the economic consequences for our mistakes,” said Dr. Lucian L. Leape, an authority on patient safety at Harvard, which recently adopted disclosure principles at its hospitals. “But we’re pushing uphill on this. Most doctors don’t really believe that if they’re open and honest with patients they won’t be sued.”

Posted by Scott J. Eldredge at 12:24 PM | Permalink | Comments (0) | TrackBacks (0)

The International Brain Injury Association held their Seventh World Congress on Brain Injury in Lisbon, Portugal April 9 through 12, 2008. The IBIA World Congress is the largest international gathering of brain injury professionals. Delegates are comprised of Neuroscientists, Physicians, Psychologists, Neuropsychologists, Therapists, Social Services professionals, Nursing professionals, Case Managers, Lawyers, Policy Makers, Advocates, and others working in the field of brain injury. The five day conference brought together over 700 world renowned experts in the treatment of traumatic brain injury in an effort to enlighten the scientific and medical professions on new and successful treatments and techniques. IBIA endeavors to bring together the best professionals in the area of brain injury to collaborate and share their work among peers.

Posted by Kerry N. Jardine at 12:13 PM | Permalink | Comments (0) | TrackBacks (0)

In an effort to seek answers in the death of their loved one a Pittsburgh, PA family has had to file a wrongful death lawsuit against the Pennsylvania Department of Transportation. Charles Aymar, Jr., 63, died after the PennDOT plow truck crossed the center line and hit his van head-on in February. The family has heard nothing from investigator’s regarding their search for answers. The driver of the PennDOT plow truck told investigators he lost control during a snow squall. The Aymar family wants to know why the driver was not cited at the scene and was able to return to work three days after the accident. In an effort to seek answers the victim’s brother Dan Aymar, says, “No results. Nothing's happening. It seems like these people don't have to account for what they did. Where's the fairness at? You know, there's no fairness - let's be fair about the thing. I don't want the guy to get the electric chair, but I want him to pay.” State Police are nearing the end of the investigation and they will submit their final report to the District Attorney's office. At that point, the DA's office will review the case for possible criminal charges.

Posted by Kerry N. Jardine at 08:11 AM | Permalink | Comments (0) | TrackBacks (0)

Many already know the benefits of wearing a helmet while participating in sporting activities such as bicycling and playing hockey. In fact, legislature has been put in place requiring such preventative measures. The Canadian Standards Association (CSA) is taking it further. They are releasing new national standards for ski and snowboard helmets after results from helmet tests in those areas. Helmet advocate Richard Kinar fears that without a federal law preventing the sale of sub-standard helmets there is a change the new standards will never be used. “I have personally spoken to helmet manufacturers and they have told me that they would refuse to make the helmets unless they were forced to by the federal government by passing a law that would classify helmets as hazardous products,” said Kinar. Classifying the sub-standard helmets as hazardous materials would effectively make it illegal for retailers to sell such helmets. A Bill is underway that would prohibit the sale of non-CSA approved sports helmets under the Hazardous Products Act. In the meantime, helmet manufactures can voluntarily produce helmets that meet the new standard, and stores can voluntarily sell them. “The real shame of it all is that now we have this great new standard that has the ability to save lives and prevent head injury and paralysis, and we may never use it,” Kinar said. “We have no national injury prevention strategy, even when we have studies that show that preventable injuries are a leading killer and disabler of children in Canada.” Preventable injuries are costing the health care system an estimated $15 billion a year according to figures from the Brain Injury Association of Canada.

Posted by Kerry N. Jardine at 12:08 PM | Permalink | Comments (0) | TrackBacks (0)

Bob Lane’s vehicle was hit on a highway and rolled up to six times, but doesn’t remember any of it. About a year later he and his wife noticed he was having difficulty remembering simple things as well as keeping his balance, often falling over without realizing it. “One day, I was writing stuff down and when I read it again, it didn’t make any sense,” Lane said. “I knew what I was writing while I was writing it, but if I read it later it was just a jumble of words.” The symptoms he suffered were easily overlooked and thought to just be a sign of old age. The damage to Lane’s brain is not detectable by an MRI or other brain scanning techniques because the damage is to the brain’s electrical and nervous systems. During one of his hospital visits, he met Dr. Marianne Talbot, founder of the National Rehabilitation and Rediscovery Foundation in Falls Church , Virginia, and learned about The Hope Project, a series of classes and workshops for people living with traumatic brain injury. The Hope Project consists of four, two-hour class sessions each week. Students of all ages and ability levels meet to discuss their difficulties and their goals for living more independent lives.

Posted by Kerry N. Jardine at 08:06 AM | Permalink | Comments (0) | TrackBacks (0)

California state investigators are trying to determine why a carnival ride called the Yo-Yo collapsed causing all 24 people aboard injuries the majority of which were children. The Yo-Yo is effectively a giant swing that picks up speed as it goes around causing the seats to swing around horizontally to the ground. A pole collapsed causing the arms attached to the seats to crash back to the center. Most of the riders were hurt when their seats struck the ground and other parts of the ride. Three riders were airlifted to area hospitals. Several other area hospitals reported treating others for injuries. Thankfully, there were no fatalities.

Posted by Kerry N. Jardine at 04:03 PM | Permalink | Comments (0) | TrackBacks (0)

Jacob Delva was in a car accident that when the ambulance crew arrived they expected no survivors. He was heading to school on March 2, 2004, on a fog shrouded highway. “On my way to school, I hit a tree when I was trying to pass a car, and I seen headlights. I went off to the ditch because I thought, 'I don't want to hurt anybody else or kill anybody else's mom or dad because of my stupid driving,'" Delva said during a break at Fresh Start, a service that helps people with brain injury work on long-term therapy goals. After coming out of a coma he spent a year in a half in a rehabilitation unit at the Mayo Clinic. The demanding work of rehabilitation was long and difficult. He had to learn everything all over again including how to talk. “The first thing I learned was this,” Jacob said, extending his arm on a table, curling his index finger and moving it back and forth. “I had to sit and do this all day.” He had to practice that simple task about a week before adding his entire arm to the exercise. Now, the tremors in his hands, his unsteady stride and the way the brain injury affects his speech are often misunderstood. Jacob’s recovery has been riddled with misunderstanding and judgment. Recently, authorities were called when Jacob became agitated because of his frustration with his progress in therapy. They believed he was drunk and disorderly and used a Tazer on him in an effort to control him. He fell and struck his head on the ground, risking a new brain injury. This is not the first such incident but Jacob and his mom want to encourage those who have suffered severe traumatic brain injuries that continual improvements happen and not to give up hope.

Posted by Kerry N. Jardine at 08:01 AM | Permalink | Comments (0) | TrackBacks (0)

In August 2005, Brigadier General Patt Maney was patrolling Afghanistan when a road side bomb exploded in front of him. He survived the explosion, but suffered a Traumatic Brain Injury. “I was having trouble articulating, finding words and articulating thoughts and symptoms even," Maney said. "I knew I couldn't do things that used to be simple.” Although there is no cure for TBI, researchers at Louisiana State University have found a treatment used in scuba diving accidents as a possible solution. After none of the usual standard treatment helped Maney, he agreed to try the experimental option LSU suggested, Hyperbaric Oxygen Therapy. After 80 treatments of breathing pressurized pure oxygen in a hyperbaric chamber he saw dramatic improvements. “It has improved my cognition, my word finding, my balance,” Maney said. “I had tremendous balance problems, I'd just fall over.” Paul Harch, M.D., a clinical assistant professor at LSU School of Medicine, has studied the effects of hyperbaric oxygen therapy on more than 500 patients including those with neurological conditions such as Parkinson’s. He found that over time high does of oxygen stimulated the brain to repair itself. “What we see is a general improvement in the majority of those functions, a return to pre-injury status. It turns their lives around,” Harch said. Brigadier General Patt Maney now works as a judge in Florida. He said he hopes hyperbaric oxygen therapy can be used to treat some of the nearly 400,000 soldiers coming back from Iraq and Afghanistan with brain injuries. Unfortunately, since the hyperbaric oxygen therapy is considered experimental, the $200 per treatment cost is typically not covered by insurance.

Posted by Kerry N. Jardine at 08:43 PM | Permalink | Comments (0) | TrackBacks (0)

A hit and run jet ski accident resulted in catastrophic injuries suffered by a 10 year-old boy. A man and a woman ran into the boy’s cousin’s water craft, launching them into the water, severing the boy’s leg and breaking his 19 year-old cousin’s foot. The couple fled the scene. A Good Samaritan and her husband rescued them and called for help while applying pressure to the young boy’s leg. “I was terrified when I saw the kid's wound, it was just too huge,” said Sandra Herrera, one of the boys’ rescuers. “It was incredible and the blood gushing everywhere. I basically put a towel and applied as much pressure as I could to stop the bleeding” The boy was airlifted by the Coast Guard and flown to Jackson Memorial Hospital in Miami. The boy’s father in a fit of anger slammed his fist on a fence in frustration outside the hospital. In disgust he expressed, “I feel really hurt because someone had an accident with my kid and they left and didn't help him.” They just got on their jet ski and they just left.

Posted by Kerry N. Jardine at 08:38 AM | Permalink | Comments (0) | TrackBacks (0)

Medtronic is initiating a voluntary recall of products featuring the Carmeda BioActive surface. This is in response to the U.S Food and Drug Administration’s recommendation to check any products that could contain the contaminated heparin linked to recalls early in the month of April. Affected products include blood oxygenators, reservoirs, pumps, cannulae and tubing packs. A limited number of lots of the Carmeda-coated products were manufactured with the oversulfated chondroitin sulfate contaminated heparin. So far 81 deaths have been associated with adverse reactions to the adulterated heparin as well as many reports of serious injury.

Posted by Kerry N. Jardine at 08:35 PM | Permalink | Comments (0) | TrackBacks (0)

Public Citizen’s Health Research Group filed a petition with the Food and Drug Administration calling for the agency to remove the Ortho Evra Patch from the market within six months. They are citing data compiled that reveals Ortho Evra exposes women to more estrogen, doubles the increase in risk of blood clots and painful side effects. They call for the 6 month mark to ensure that women currently using the patch can make an appointment to discuss safer alternative contraceptive methods. “Had Ortho Evra been designed as a pill, it is unlikely to have been approved because of its increased estrogen content,” said Dr. Sidney Wolfe, director of the Health Research Group at Public Citizen. In 1988, the FDA requested the withdrawal of all oral contraceptives with estrogen levels greater than 50 mcg because of the risk of blood clots and lack of additional contraceptive efficacy. The Ortho Evra patch contains estrogen equivalent on average to a 56 mcg pill. The request for Patch prescriptions has dropped from 9.9 million in 2004 to 2.7 million in 2007, which is a decline of 73 percent. Even with the drop, Ortho Evra remains a common birth control prescription thus still posing a danger to a large number of women nationwide.

Posted by Seth A. Katz at 08:33 AM | Permalink | Comments (0) | TrackBacks (0)

Federal guidelines recently issued to doctors who treat smokers could trigger a number of wrongful death medical malpractice lawsuits, Action of Smoking and Health (ASH) suggested. The number of potential plaintiffs could be over 40,000 yearly. The new federal guidelines require physicians to thoroughly warn their patients who smoke about the dangers, but also mandate that they provide at least one of the treatments proven effective in helping people quit. If a doctor violates these guidelines and a patient dies or becomes permanently disabled as a result of their smoking, the family or the estate could sue the physician for medical malpractice claiming the appropriate standard of care was withheld. A recent study found that similar guidelines have been effective for many years and several educational efforts have been undertaken to inform the healthcare industry, yet most physicians still fail to follow them and patients are denied their entitled assistance to quit. The antismoking community is concerned that since all other measures have failed the only recourse available are medical malpractice lawsuits. As an example, the New York City Health Department has warned doctors that, “failure to provide optimal counseling and treatment (for smoking) is a failure to meet the standard of care and could be considered malpractice.” A recent medical journal agrees. “Since physician malpractice kills over 40,000 smokers annually - more than motor vehicle or product liability accidents - it should not be surprising if antismoking lawyers, as well as those in private practice working on contingency fees, find physicians who deliberately flout federal guidelines to be a new major target of litigation,” suggests John Banzhaf, ASH's Executive Director and public interest lawyer.

Posted by Scott J. Eldredge at 08:30 PM | Permalink | Comments (0) | TrackBacks (0)

A USA Today recently had an article informing it’s readers of the difficulties faced when seeking medical records after an adverse event happens. In one case, a woman was seeking further information on the death of her son just hours after she had been told he was stable. The key record showing possible malpractice did not surface until it was too late under a California state law to file a civil lawsuit. Another California woman tried getting her medical records to help her understand why her full-term baby died before being born. When she finally did, a key piece of evidence was missing, the strip-paper readout from a fetal monitoring device. Both cases reflect a common complaint nationwide, the difficulty in obtaining medical records from hospitals and other treatment facilities after something goes wrong. Under federal law, every patient has the right to see a copy of their medical records, but according to the USA TODAY Patient Safety website, missing or disputed records are the most common source of complaints. Although there are no statistics on the amount of alleged withholding of medical information, disputes over medical records are often the impetus of malpractice lawsuits. Such claims often center on records that patients or their families believe were purposely withheld by hospitals. The best way to avoid a problem is to routinely ask for copies of all documents pertaining to medical care. When records appear to be incomplete, the patient and their family or other advocates can turn to the Office of Civil Rights at the Department of Health and Human Services and their state medical board.

Posted by Scott J. Eldredge at 08:28 AM | Permalink | Comments (0) | TrackBacks (0)

A Georgia Superior Court Judge, Marvin Arrington, released an order saying the legislative cap of $350,000 for non-economic damages for pain and suffering was unconstitutional because it gave special protections to the medical profession. This is a significant approach because it means that in Georgia people injured by doctors have less protection than those injured by a manufacturer’s product. If the appeal is upheld on appeal it could undercut a major component of Georgia’s tort reform laws. Judge Arrington struck down the cap on monetary awards in the medical malpractice trial of a 60 year-old retired restaurant owner who fell from a ladder in 2006 while trimming trees. After being taken to the hospital two doctors failed to diagnose injuries to his neck and spine that resulted in his becoming a quadriplegic. “It is absurd to say that if you get injured by a product that the jury can decide your non-economic damages, but if you get injured by medical malpractice, it can't,” said Trent Speckhals, one of the lawyers for the plaintiff in the case. The case has not yet gone to trial and the Judge’s decision does not apply to other cases. However, if the defendants appeal, it will give the Georgia Supreme Court a chance to overturn the caps in malpractice cases. Arrington’s decision is based on his opinion that limiting the caps meant that in many cases, large jury awards would be issued only to the people who could show large economic losses because of their wealth.

Posted by Scott J. Eldredge at 08:26 PM | Permalink | Comments (0) | TrackBacks (0)

North Carolina is the latest state considering internet based profiles to be posted regarding any physicians who have settled any malpractice lawsuits in the last seven years. The North Carolina Medical board wants the settlement listings to be part of detailed physician profiles that could be accessed on their website beginning in 2009. The online information would be limited to the physician’s name, when the case was settled and an optional box where the doctor could explain the reasons for the settlement. The monetary awards given in the settlement would not be published. This new trend could ultimately allow consumers more control over their health care decisions.

Posted by Scott J. Eldredge at 08:25 AM | Permalink | Comments (0) | TrackBacks (0)

Several weeks ago the mother of a 5-year-old daughter was killed instantly when a cement truck landed on her SUV. The accident happened when the driver of the cement truck swerved and lost control, slamming into a barrier and tipping over onto Maria Gamez’s SUV. Maria did not survive, but her five-year-old Angelica was pulled to safety by firefighters. Gamez’s family has filed suit against the Dallas based company TXI Operations and the driver saying they are responsible for the tragedy. “This is not someone you would expect to be operating a 25-ton cement truck,” said Mark Werbner, the attorney representing the Gamez family. He claims the driver was reckless and shouldn’t have been behind the wheel because of his history of driving infractions such as DWI, license suspension and speeding in a commercial vehicle.

Posted by Kerry N. Jardine at 08:22 PM | Permalink | Comments (0) | TrackBacks (0)

Dr. Christiane Northrup is a board-certified ob-gyn physician. She recently posted a blog on a site concerning biphosphonate drugs such as Fosamax (alendronate) and Boniva (ibandronate). She exhorts woman to fully understand the implications of taking the osteoporosis drugs. First, bones are designed to last a lifetime without drugs by constantly remodeling itself through the process of resorption of old bone and the laying down of new bone. It’s the bone quality not just bone density that is important and taking biphosphonate drugs puts the bone quality at risk. The biphosphonates work by preventing bone resorption and loss. By inhibiting bone resorption it inhibits the formation of new bone. Old bone is denser and more brittle than new bone. The density of the bone may make it more difficult for bone to maintain an adequate blood supply thus inhibiting bone healing. Research on animals indicates that biphosphonates inhibit the normal repair of tiny fractures and porous bone which eventually results in the accumulation of microdamage and loss of bone strength. This explains why alendronate has been associated with delayed or absent fracture healing. Secondly, biphosphonates have been linked with osteonecrosis of the jaw, a side effect in which the jaw bone deteriorates. Additionally, along with deterioration the drugs have been associated with increased need for root canals and other dental problems. In Dr. Northrup’s opinion, too many doctors are prescribing these drugs as a first line of treatment and it is irresponsible to prescribe them to relatively young midlife women to prevent osteoporosis. Plus, hormone replacement therapy used in menopause has already shown the ability to maintain bone integrity. There are other safe and effective alternatives that work naturally such as exercising, taking at least 1,000 IU a day of Vitamin D, Calcium with Magnesium supplements, a good multivitamin daily, stop smoking and limit alcohol intake.

Posted by Kerry N. Jardine at 08:20 AM | Permalink | Comments (0) | TrackBacks (0)

When it comes to traumatic brain injury in civilian life, prevention is the best solution. In this month of proms, two drivers who acquired a traumatic brain injury while driving drunk wanted to communicate this essential truth to teens. Alcohol related crashes are the major cause of traumatic brain injuries. “I hit the wall and broke the windshield on my head. I was in an instant coma for six months. My blood alcohol level was .03. I was legally drunk,” said KJ Haddad, a traumatic brain injury survivor. “I remember when they had to cut the roof off my car to get me out,” said Matt Rivet, another traumatic brain injury survivor. These two real life examples were both young and had their whole lives ahead of them. Rivet was in his 20s and Haddad was 17. Haddad has not opened his hand since 1986 and his left leg is almost useless. These two are among 5 million Americans living with a traumatic brain injury. “Traumatic brain injury is the leading cause of death among adolescents,” said Dr. Karen Bougas, of New England Rehab Hospital. “Fifty percent of the traumatic brain injuries are alcohol related.” As Rivet and Haddad continue to recover at New England Rehab Hospital years after their crashes, they are dedicated to telling their stories in hopes of save lives.

Posted by Kerry N. Jardine at 08:18 PM | Permalink | Comments (0) | TrackBacks (0)

Neurogenesis therapy for Stroke victims has been used since the nineteen nineties and has shown considerable promise for those with a traumatic brain injury. University of Alabama neuroscientists are proving the myth that adults cannot grow new brain cells, false. It is called Constraint Induced (CI) movement therapy and it has been shown to significantly increase the amount of “grey matter” in the brain. The therapy includes restraining the patient’s unaffected limb and making them use the affected one. Using CI therapy seems to “increase the amount of blood vessels in the brain or the number of synaptic connections established between neurons,” says Edward Taub, a lead researcher in the area. The grey matter increase may also be attributed to the brain creating new neurons. CI therapy has demonstrated an effective machination for helping patients to recover and many others have observed significant clinical improvements globally, such as recovering the functionality of paralyzed limbs. This therapy has confirmed neuroscientists’ belief that the brain can remodel itself.

Posted by Kerry N. Jardine at 08:17 AM | Permalink | Comments (0) | TrackBacks (0)

Another study from a research team consisting of members from Hangzhou Normal University and Zhejiang University in Hangzhou in China has found the neuroprotective effects of using progesterone to treat Traumatic Brain Injury. The study was published in BioMed Central’s open access journal Critical Care. The Chinese researchers studied 159 patients with acute TBI in a random and double-blind trial where approximately half the patients received progesterone and the other half a placebo for five day after the injury. “Although previous studies in animal suggest that progesterone may mitigate the severity of brain damage, there is no information about therapeutic benefit of post-TBI progesterone injections in the patients with severe brain trauma” said supervising professor Weiqi Yan. “Our work was to determine if progesterone improve chances for recovery in patients with severe injuries in a longer-term”. At three and six month evaluations after treatment, significantly more patients given progesterone had favorable outcomes compared to patients given a placebo. The researchers also found that progesterone treatments were also linked to the increase in survival at six months. Additionally, no adverse events or complications were experienced by the patients given the hormone. “We found encouraging evidence that progesterone may significantly improve 6-month neurologic outcome of the patients who were enrolled with acute severe TBI” according to lead author, Dr Giomin Xiao. “Our results provide information important for further multicenter clinical trials on progesterone as a promising neuroprotective drug”.

Posted by Kerry N. Jardine at 08:15 PM | Permalink | Comments (0) | TrackBacks (0)

A once active and successful student and athlete is undergoing mental calisthenics to help with the symptoms of a Traumatic Brain Injury she incurred. Seven years ago Sarah Kmet was practicing softball when she was struck in the head. She was taken to a clinic, but it wasn’t until later that her mother noticed a difference in her daughter’s behavior. Doctors later diagnosed her with a TBI. As part of her rehabilitation, twice a week she undergoes Interactive Metronome Therapy. It is a computer program that uses sound and rhythm to strengthen motor control, increase patient’s memory and the ability to multitask. Sarah Kmet has been using the program for more than a year. One of the purposes of the program is to help TBI victims self regulate by monitoring their actions in the hope of controlling their cognitive and emotional behavior in the real world.

Posted by Kerry N. Jardine at 08:13 AM | Permalink | Comments (0) | TrackBacks (0)

The family of a boy born with cerebral palsy is expected to spend $9 million dollars to care for him over the course of his life. In the ensuing medical malpractice trial they were only awarded $1.35 million because of malpractice caps in Virginia. In 2001 David and Elisabeth Morris went to the University of Virginia Medical Center to deliver their baby boy, Hunter. In the court papers the Morrises alleged the doctors failed to respond to their son’s deteriorating condition in the hours before his birth. At the time of Hunter’s birth he was asphyxiated, suffering brain damage and ultimately cerebral palsy. The foundation employing the doctors argued that it and the doctors were immune from suit by any patients because of the charity care they provide to indigent patients. The state Supreme Court decided against the charitable immunity defense because the Morrises were not indigents and paid part of their medical costs. The Supreme Court Further ruled the U.Va. Foundation “follows the model of a profitable commercial business, not a charitable institution,” finding that charitable losses represented only 0.66 percent of the more than $225 million in revenue generated in 2005. “This is the best that can be made of a bad situation,” one of the Morrises’ lawyers told the court. “The cap [on malpractice awards] imposes a burden on the most severely injured,” he said, noting that costs of care far exceed possible awards in Virginia. Hunter’s family hopes to use the money to buy a handicap accessible van and perhaps a house better suited to his disability.

Posted by Scott J. Eldredge at 08:11 PM | Permalink | Comments (0) | TrackBacks (0)

The first of several lawsuits filed after the New York Department of Health found Dr. Harvey Finkelstein had put thousands of patients at risk by reusing syringes has been settled with a man who claimed he got Hepatitis C in the doctor’s office. A Department of Health investigation found that Peter Mattmuller, 66, was infected at Finkelstein’s office. The doctor used a syringe multiple times on the patient seen before Mattmuller, contaminating multidose medicine vials that were then the source of injections for Mattmuller. Authorities last November notified more than 10,000 patients that they were at risk for disease. Finkelstein did not admit wrongdoing in the settlement and continues to practice. The Department of Health said that Finkelstein has settled 11 unrelated malpractice lawsuits in the past eight years. Fewer than 200 of the state's 80,000 doctors have settled that many cases, according to Washington-based consumer group Public Citizen.

Posted by Scott J. Eldredge at 08:09 AM | Permalink | Comments (0) | TrackBacks (0)

In a study published in the April 28th issue of the Archives of Internal Medicine researchers from Group Health and the University of Washington reported chronic irregular heartbeat or atrial fibrillation, affected women who had taken the bisphosphonate drug Fosamax (alendronate) used to fight osteoporosis almost twice as much as those not using the drug. Study leader and professor of epidemiology and researcher at the Cardiovascular Health Research Unit at the University of Washington, Dr Susan Heckbert, said in a prepared statement, “We studied more than 700 female Group Health patients whose atrial fibrillation was first detected during a three-year period.” They found that women who used alendronate had an 86 percent higher risk of atrial fibrillation. Heckbert encouraged women who are at a high risk of fractures, but who also suffer from heart failure, diabetes or heart disease, to talk to their doctor about alternative treatments.

Posted by Kerry N. Jardine at 08:06 PM | Permalink | Comments (0) | TrackBacks (0)

Three city councilors of Taipei called on drug administration authorities to investigate a case involving a 33-year-old woman who suffered a stroke and went into a coma after using the controversial birth control patch, Ortho Evra. She has not regained consciousness. Councilor Pan Hwai-tzong said sales of the patch should be banned in Taiwan because of the side effects reported in the United States and Canada. The patch, marketed as the Evra Transdermal contraceptive patch in Taiwan was introduced in 2004. Many of the victims in the U.S. were teenagers and young women of childbearing age who suffered strokes, heart attacks, pulmonary embolisms and deep vein thrombosis. U.S. news media have reported that the manufacturer has adopted a strategy to settle as many lawsuits as quickly and quietly as possible and at the same time keep the lucrative patch on the market for fear of losing billions of dollars in future sales.

Posted by Seth A. Katz at 08:04 AM | Permalink | Comments (0) | TrackBacks (0)

The largest medical malpractice settlement in recent memory was made in San Francisco according to the City Attorney’s office. San Francisco supervisors approved the $5.1 million settlement stemming from the 2005 mishandling of a case involving John Weatherspoon III. Weatherspoon was complaining of fever and cough symptoms that had persisted for nearly a week. The medical staff at San Francisco General Hospital determined he was instead suffering from acute renal failure and gave him sedatives. The staff failed to monitor Weatherspoon following further doses resulting in cardiorespitory failure for 9 minutes. As a result, he suffered anoxic brain injury and now requires round the clock care. The settlement will be used to pay for home care the rest of his life. The settlement must still be approved by the mayor.

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

The Vice President of Medical Affairs for Medtronic Spine and Biologics' division in Memphis, TN lost a medical malpractice lawsuit brought against him by Dr. Eric M. Garver. A Virginia judge found spinal surgeon Dr. Hallett H. Mathews liable for malpractice in his use of an artificial disc device and awarded damages of $650,000 after a botched spinal surgery. The artificial disc device is manufactured by his current employer, Medtronic. The device consists of two metal plates that fit into the patient's disc space with a ball and socket between them, which is intended to maintain the natural mobility of the disc as an alternative to traditional spinal fusion. The judge issued a written decision finding Dr. Mathews violated “the standard of care in preparing the disc space for insertion of the artificial disc.” The standard, written in part by Dr. Mathews, requires the disc space be “meticulously cleared of materials that might be driven into nerves behind the disc space after insertion” During Dr. Garver’s spine surgery a fragment of bone was driven into his S-1 nerve root on his right side causing permanent injury to the nerve causing pain and leg immobilization. Two weeks later Dr. Garver underwent another surgery by a different neurosurgeon who testified at the trial that he found the fragment and a disk the size of an olive pressing against the nerve root. Removal caused some relief, but Dr. Garver now suffers chronic pain that is difficult to dull even while taking multiple drugs daily. The Maverick ™ artificial disk is still considered experimental while the Medtronic application to the FDA is pending. According to testimony at trial, Dr. Mathews received consulting fees from Medtronic of around $700,000 in 2004 and 2005.

Posted by Scott J. Eldredge at 08:00 AM | Permalink | Comments (0) | TrackBacks (0)

Under limits stemming from an obscure Supreme Court ruling nearly 60 years ago, military hospitals and their staffs are immune from medical malpractice claims if the victim is an enlisted man or woman on active duty. In October 2003, Staff Sergeant Dean Witt, 25, was being moved to a recovery room after routine surgery for acute appendicitis when he stopped breathing. Inexplicably, Witt was wheeled into a pediatric area where predictably the lifesaving devices sized for children were ineffective. The cause of the sergeant’s death was attributed to a double dose of a powerful stimulant mistakenly administered. When a breathing tube was finally inserted it was put down the wrong pathway. By the time the breathing tube was inserted correctly, Witt suffered devastating brain damage and three months later was removed from life support and died. He left behind a wife and 2 young children. “This medical incident was due to an avoidable error,” concluded a previously unpublished internal report, a copy of which was reviewed by the Los Angeles Times. Regardless, his family had no legal recourse because Witt was an active-duty airman. The Supreme Court decision, known as Feres v. United States, denies members of the military the right to sue for damages for medical errors and deliberate wrongs.

Posted by Scott J. Eldredge at 08:46 AM | Permalink | Comments (0) | TrackBacks (0)

In 2004, Dr. Enrique Tomeu closed his obstetrics practice in Virginia Beach, VA and left town after being sued repeatedly for allegedly causing injury to babies during delivery. After leaving he went to New Zealand and practiced for a year. A New Zealand coroner found him partially responsible for a baby’s death prompting Tomeu to be relieved of his duties there. His departure calls into question how doctors accused of malpractice can just pick up stakes and keep practicing. Tomeu’s example illustrates that despite widespread tort reform and better access to a doctor’s malpractice history, it is still possible for them to stay a step ahead of their records by moving.

The New Zealand coroner found the death of Ella McMillan-Meager two days after her delivery by Tomeu was caused by “a massive subgaleal hemorrhage,” a bleeding on the brain that can result from the use of a vacuum device being applied to the baby’s head. During testimony witnesses said that Tomeu climbed onto the birthing bed to get better leverage to pull the baby from the birth canal during a difficult labor. The coroner further testified that a factor attributed to the death was blood loss that resulted when the umbilical cord became tangled around the baby’s head and while trying to untangle it the cord tore out of the infant’s body. The coroner expressed concern that Tomeu tried to “sanitize” the medical record by directing the hospital staff not to record the torn cord and to report he was able to deliver the baby in one gentle pull.

Tomeu has since returned to the U.S. and is practicing medicine in North Carolina. He is now on staff at clinic for women in Jacksonville and has privileges at a nearby hospital. A spokesman for the hospital said a state law mandating confidentiality of the credentialing process prevents the hospital from saying whether they are aware of Tomeu’s history. According to Virginia Beach Circuit Court records, Tomeu was named as a defendant in seven malpractice lawsuits over 10 years. Three of those cases resulted in payments to the plaintiffs, two settlements and one jury verdict totaling more than $500,000. The circumstances in those three cases were similar. Each time, a baby delivered by Tomeu allegedly suffered shoulder dystocia, an injury that can occur when the baby's shoulder becomes caught behind the mother's pelvic bone during delivery. In that position, the nerves that connect the baby's shoulder, arm and hand to the spinal cord can be stretched, torn or pulled out of the spinal column causing Erb’s Palsy,a form of paralysis that can leave the shoulder, arm and hand permanently disabled. The plaintiff’s lawyer in all three cases said Tomeu’s ability to continue practice medicine reflects a flawed system of regulating physicians.

Posted by Scott J. Eldredge at 08:40 AM | Permalink | Comments (0) | TrackBacks (0)

Awareness of a little known side effect of Traumatic Brain Injury is growing thanks to the efforts of the director of low vision optometry at West Haven Veterans hospital, Dr. Kara Gagnon. Gagnon has spent the last four years trying to educate those in the medical profession of the implications of a TBI and resultant vision issues. Studies have shown that in the general population, about a third of people with acquired brain injuries have associated neurological vision impairment. Gagnon began to connect the vision consequences as soon as the war started. Double vision, trouble focusing and poor spatial orientation are among the side effects of a TBI. Last winter, Gagnon helped bring together military and Department of Veteran Affairs clinicians for a national summit on the issue. Her drive began as a result of professional and personal reasons. In 12 years at the VA, she had seen many aging veterans at her clinic confide they'd been unable to read or focus for decades because their visual impairments went unattended, she said. At the same time her own 8-year-old son was having learning problems that she was able to trace back to a head injury from three years earlier when he fell off a bike. Gagnon said the conference accomplished its objective of bringing together vision specialists with poly-trauma professionals to collaborate on the screening and treatment of TBI.

Posted by Kerry N. Jardine at 02:34 PM | Permalink | Comments (0) | TrackBacks (0)

Widows and widowers testified in front of a congressional subcommittee on how the contaminated Heparin has affected their lives. The blood thinner commonly used in dialysis and surgery has been connected to 81 deaths and 785 severe allergic reactions so far said Rep. Bart Stupack, D-Mich., chairman of the House Energy and Commerce subcommittee on oversight and investigations. The contaminated Heparin originates from ingredients imported from China. Baxter International and the Food and Drug Administration have blocked imports from the Chinese company at the center of the controversy. The FDA detected the drug was contaminated with oversulfated chondroitin sulfate, which imitates Heparin thus not being detected in routine testing. “FDA's working hypothesis is that this was intentional contamination, but this is not yet proven,” Dr. Janet Woodcock, director of the FDA's Center for Drug Evaluation and Research, told the panel in her prepared testimony. One month after a man’s wife died from the contamination, his son was killed by the same tainted drug at the same clinic. Baxter president Robert L. Parkinson Jr., said in prepared testimony that his company is “greatly concerned that our heparin product appears to be the target of a deliberate adulteration scheme. The complexity of the global drug supply chain creates new and emerging risks that call for new ways of thinking about, identifying and addressing vulnerabilities, and that resting on old standards — even ones that have worked for decades — is no longer enough," Parkinson said.

Posted by Kerry N. Jardine at 08:30 AM | Permalink | Comments (0) | TrackBacks (0)

A Class I recall, the most severe the Food & Drug Administration uses, has been initiated by Actavis Group for a product used to treat heart failure and abnormal heart rhythms. Actavis is recalling Digitek® (digoxin tablets, USP, all strengths) for oral use because of the possibility that the tablets are double the appropriate thickness thus may contain twice the approved level of the active ingredient. If a double strength tablet is ingested the risk of digitalis toxicity in patients with renal failure may occur. Digitalis toxicity can cause nausea, vomiting, dizziness, low blood pressure, cardiac instability and bradycardia and possibly death. Several reports of illness and injury have been received by the FDA.

Posted by Kerry N. Jardine at 08:28 PM | Permalink | Comments (0) | TrackBacks (0)

In an article published in the online journal Brain a report was made on a study of brain injured Vietnam War Veterans and cognitive decline (as opposed to dementia) many years following a head injury. Evidence was found that patients with a penetrating head injury (PHI) demonstrated considerable cognitive deterioration. These findings are significant because traumatic brain injury is the primary cause in the U.S. of death and disability in those under 35 years of age and the numbers do not currently include the nation’s soldiers. The cognitive, behavioral and social deficits caused by TBI exacerbate the dilemma. This information demonstrates that TBI is a long term problem with little solution.

Posted by Kerry N. Jardine at 08:25 AM | Permalink | Comments (0) | TrackBacks (0)

Sports agent Leigh Steinberg describes traumatic brain injury as "an undiagnosed health epidemic" and "a ticking time bomb." According to the Brain Injury Association of America, football is responsible for approximately 250,000 head injuries each year. The National Football Leagues estimates there are about 100 concussions per season. A player may suffer a concussion that could manifest itself later in life in the form of depression, early-onset Alzheimer’s disease or dementia. Jason Demery, a University of Florida clinical assistant professor in clinical and health psychology says the majority of those who sustain a single Mild TBI go on to recover spontaneously, but there are still 10 to 15 percent who still have persistent, post-concussive symptoms a year after their injury. He goes on to say that the incidence of depression and emotional complications can be one of the aspects of a traumatic brain injury. “The research shows the incidence can be as high as 70 or 80 percent after a single concussive episode,” he said.

Posted by Kerry N. Jardine at 02:40 PM | Permalink | Comments (0) | TrackBacks (0)

There are as many as 7,000 deaths annually in the United States attributed to incorrect prescriptions being dispensed according to the National Association of Boards of Pharmacy. As early as the year 2000, the Association predicted prescriptions to climb 4 billion in just 4 years, yet the number of pharmacists is steadily decreasing. In fact, because of a shortage of pharmacists and the steady increase in the use of prescription medications, the rate of death and injury from mis-filled prescriptions is skyrocketing, officials say. Five-year-old Brendan Ward was the victim of miss-filled prescriptions. In response to a bed-wetting problem, his doctor prescribed a medication containing 50 mg of imipramine per teaspoon. Brenden’s mother took the prescription to a pharmacy where a technician mistyped the amount at 250 mg. The pharmacist on duty didn’t notice the error and filled it as the technician had typed it. Brenden’s mother gave him the prescribed teaspoon that same night and the next morning she found him dead.

Posted by David P. Hersh at 02:50 PM | Permalink | Comments (0) | TrackBacks (0)