Having just completed a five-year project to examine and map Colorado's flood risks on a county-by-county basis, the Federal Emergency Management Agency (FEMA) has identified seven Front-Range counties, including Denver and four other metro Denver counties, as being high-risk flood zones.

The counties identified as hot spots for floods are:

Adams
Arapahoe
Boulder
Denver
El Paso
Jefferson
Larimer

While FEMA's ranking does not mean that flooding is imminent, it does mean that there are large numbers of people living along waterways and in flood plains. It may also mean higher flood insurance rates, along with increased building restrictions.

"It's not something people should be alarmed about," said Kevin Houck, a state engineer working with FEMA on its flood-mapping and analysis project, "but it's really good information to have. It's easy to forget in Colorado that floods do happen."

"People need to know whether they are in a flood plain," said Nancy Steinberger, a regional hydraulic engineer for FEMA who is overseeing the mapping and assessment work in Colorado. "They also need to see the nearest place where they could evacuate and where the nearest high ground is, in case streets are flooded."

Houck reminds Coloradans that the flood risk in Colorado is no worse now than it was several years ago, but views FEMA's analysis as a risk identification tool to help communities be better prepared.

Posted by Kerry N. Jardine at 04:20 PM | Permalink | Comments (0) | TrackBacks (0)

After receiving 30 reports of children and young adults developing cancer
while taking arthritis drugs over the last 10 years, the FDA is investigating
to see if there is a link, especially for younger children.

The drugs under investigation include:
Humira (Abbott Labs)
Remicade (Shering-Plough)
Enbrel (Amgen Inc. and Wyeth)
Cimzia (UBC, Belgium)

The drugs, called tumor necrosis factor blockers (TNF blockers), are prescribed to children
with a certain type of arthritis, and work by blocking a chemical that causes
inflammation. Formerly known as Juvenile Rheumatoid Arthritis (JRA), the condition is now
known as Juvenile Idiopathic Arthritis (JIA). The drugs are sometimes also used to treat
children with an intestinal disorder known as Crohn's disease.

About half of the cancers reported were lymphomas, a cancer of the immune system.
Other cancers reported were leukemia, melanoma, and various organ cancers. The FDA
says that long-term studies will be required to accurately determine the risks, since
cancers can take years to develop. The Belgian drugmaker UBC is being required to conduct
such a long-term study on Cimzia, but it won't be complete until 2019.

The FDA has been aware of the possible association of a link between taking the drugs and
developing cancer, and the drugs' labels currently contain warnings. Manufacturers of these
drugs are being asked to provide the FDA with all available information about the 30 cases
in which cancer developed, and the FDA will work with experts and issue its findings in about
six months.

For now, the FDA believes that the benefits of the drugs still outweigh the risks, and is
simply advising doctors and caregivers to consider the risks of cancer when considering
prescribing the drug to children.

Posted by Kerry N. Jardine at 08:48 AM | Permalink | Comments (0) | TrackBacks (0)

The Erickson family’s life in Missoula Montana changed forever the day their father and husband suffered a traumatic brain injury in a logging accident. Jeff Erickson in 2000, then 25-years-old, doesn’t know or remember what happened to him the day he was found unconscious in a tractor cab shortly after 10 a.m., let alone the previous six months of his life. Although loggers were downing trees near the accident, they heard nothing over the noise of chain saws as Jeff's 19,000-pound tractor tumbled 300 yards down the mountain. Once he reached the hospital the staff had to put Jeff in a drug-induced coma. Jeff remained in a coma for three weeks. Later he was moved to a community medical rehabilitation center and remained there for a little over a month. In rehab, Jeff's memory was hit-and-miss. He recognized wife and little girl. He couldn't recall his phone number, but he remembered his childhood number. He couldn't remember if he showered that morning, but when his wife and daughter brought in their miniature pinscher of 6 months and shouted “Scooby-Doo” just as always. According to traumaticbraininjury.net fifty percent of marriages fail within 24 months after a serious injury. His wife admits to staying with Jeff partly for the daughter’s sake, saying, “She needs her father.” Jeff still struggles with controlling his anger and relating with others, including his teenage daughter.

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

In a recent interview brain injury expert Dr. Erin Bigler, professor of psychology and neuroscience at Brigham Young University, and adjunct professor of psychiatry at the University of Utah School of Medicine and member of the Utah Brain Institute, reported that the technology used to diagnose brain injuries has improved tremendously over the last 30 years. He further said, “But the problem is we haven’t made tremendous gains in how to treat these people.” The brain is well designed to withstand minor problems, Bigler said. “It recovers from a fall and a blow quite well. But it's a new era we're in. The brain isn't designed to withstand high-velocity impact,” he said, such as from motor accidents, sports and military combat. “Brain tissue doesn't regenerate,” he explained. “Therefore you have to deal with pathways that survive and how to re-engage those pathways. That is the goal of rehabilitation when the brain is injured.” Citing the medical case of co-anchor Bob Woodruff’s recovery from a severe traumatic brain injury saying it was “unbelievable” yet shows that much more could be done to treat brain injuries if resources were unlimited. While new imaging tools allow physicians to better diagnose problems in the brain, he said, "We’re still in infancy in how to treat these. That's the focus that is so important right now.” Traumatic brain injuries can have devastating emotional and physical effects on individuals and their families that is why it is imperative to seek legal help from expert lawyers who intimately know what families are dealing with so that they can secure whatever rights and resources the victims may have available to them.

Posted by Kerry N. Jardine at 04:14 PM | Permalink | Comments (0) | TrackBacks (0)

Following the Food and Drug Administration’s Class I recall of the heart drug Digitek a class action lawsuit has now been filed in California. The plaintiffs include a California man and other individuals suffering from heart disease who unknowingly took a double dose of Digitek causing a dangerous elevation in their heart rate. The lawsuit has been filed against the manufacturers, distributors and marketers of Digitek: Actavis Totowa, LLC in New Jersey, Actavis Group PTC in Iceland, and Mylan Bertek Pharmaceuticals in Texas. According to the lawsuit, neither the male patient nor his physician knew the Digitek medication was twice the standard dosage. The class action law suit alleges that, “Digitek is defective and unreasonably dangerous to consumers.” It also alleges that the defendants “sold, released, produced, and distributed of Digitek without making proper and sufficient tests to determine the drug's strength/dose,” and that they were “negligently representing that the recalled Digitek was safe for use for its intended purpose, when, in fact, it was not.” Digitek is used by millions of heart patients worldwide. Digitek is a brand name of the generic drug digoxin (also known as Digitalis). Digoxin is a purified cardiac glycoside extracted from the foxglove plant, Digitalis lanata. Digoxin toxicity can cause potentially life-threatening heart rhythm disturbances, as well as nausea, vomiting, diarrhea, dizziness, confusion, loss of appetite, visual disturbances, low blood pressure, cardiac instability, irregular pulse, heart palpitations and bradycardia. At its most severe, death can result from excessive digoxin intake.

Posted by Kerry N. Jardine at 08:00 AM | Permalink | Comments (0) | TrackBacks (0)

An Edmonton, Alberta woman suffered permanent neurological damage after a chiropractic adjustment she underwent in September 2007. When Sandra Gay Nette visited her chiropractor she felt ill on her way home so she pulled her car to the side of the road and called her husband for help. This symptom was a prelude to the injury she was to permanently suffer. She is now unable to swallow, speak or breathe on her own and requires 24-hour care, yet she still possesses normal mental awareness. In response to her catastrophic injuries she has launched a $529 million class-action lawsuit against her chiropractor, the Alberta College and Association of Chiropractors and Alberta Health and Wellness. As part of the class action, the suit is claiming damages of $500 million against chiropractors in the province for “inappropriate and non-beneficial adjustments” on behalf of any injured patients since June 1998. Nette and her husband are claiming $29 million in damages. The claim states that both the chiropractic association and Alberta Health and Wellness should have known that the procedure used on her has not been scientifically proven and could pose risks to a patient's health. Alberta Health was aware that the province's chiropractic system was confused, poorly regulated and presented a major health risk, according to the lawsuit. A judge will have to certify the class-action suit before it is allowed to proceed.

Posted by Scott J. Eldredge at 12:52 PM | Permalink | Comments (0) | TrackBacks (0)

In response to the Hepatitis C outbreak in southern Nevada, regulators decided to post more information about the malpractice history of its doctor’s on the state Board of Medical Examiners website giving consumers a better tool to research their doctor. The unanimous decision was spurred by the outbreak and criticism of the way the board distributes information about it licensed doctors. The current website lists the names of doctors who've been disciplined and the nature of the infraction, but the public must contact the board for additional information. The board plans to add to that a searchable database of all doctors named in malpractice cases that ended in a settlement, award or judgment. The hepatitis C outbreak led to the biggest public health notification operation in U.S. history. Officials have linked 84 cases of the potentially deadly liver disease to the Endoscopy Center of Southern Nevada. More than 50,000 patients were notified they may be at risk. Federal and local health officials blamed the outbreak on unsafe injections procedures regularly performed at the center. Officials believe doctors ordered the staff to reuse syringes and misusing single-dose medication vials. The board is still investigating the doctors involved and a disciplinary hearing is scheduled for the clinic's owner, Dr. Dipak Desai.

Posted by Scott J. Eldredge at 08:49 AM | Permalink | Comments (0) | TrackBacks (0)

A brain damaged boy and his family will be able to pay medical bills, acquire 24 hour care and buy a handicap accessible van with a wheelchair lift after the favorable outcome of a medical malpractice case in Florida. Darian, 8 years old now, is profoundly mentally handicapped after doctors botched his delivery in 2000. At that time Denise Brown was admitted to Broward General for delivery and was noted on her medical records to be at risk for pre-term labor. Brown experienced pre-term labor issues for the next three days, but the baby's heart rate and Brown's contractions were stabilized. Then a day later in the middle of the night the baby's condition worsened. Unfortunately, it wasn’t until more than two hours later that nurses called Brown’s doctor. Because of additional delays in the delivery room Darian now cannot feed himself, walk and will require a lifetime of care. The lawsuit blamed the doctors for failing to deliver the baby in a timely manner, and the nurses for negligence for failing to inform the doctors of significant chances in fetal monitoring. The jury agreed and the Brown family was awarded $35 million to care for their son.

Posted by Scott J. Eldredge at 06:46 PM | Permalink | Comments (0) | TrackBacks (0)

California has done a great disservice to their residents by limiting the amount of damages allowed in a lawsuit and not raising the limit in the last 30 years. Nancy Geyer's experience is an example. Her daughter woke up with an extremely high fever. Geyer took her daughter to the family physician and he thought she might have had a bacterial infection in her blood and told her to rush her to the hospital. The ER doctor who examined her sent them home saying it was symptoms of the flu. That night Geyer saw a horrifying sight when she answered her daughter's summons; her body was cold and was changing into different colors. She again rushed her to the
hospital, but her daughter was never to return home. When trying to get answers to her daughter's death she ran against the usual wall. They provided no explanation to the sudden death so Nancy sought help from an attorney. Unfortunately, the law MICRA the Medical Injury Compensation Reform Act, limits non-economic damages to $250,000. That precludes any legal help to be possible because of the costs involved. MICRA limits the contingency fees for attorneys in medical malpractice cases thus prohibiting attorneys to try some of the most deserving cases. In effect, Nancy Geyer was told her daughter's life is worth less than $250,000. This is just one
of many heart-wrenching stories caused by medical malpractice with no recourse.

http://www.burgsimpson.com/malpractice.html

Posted by Scott J. Eldredge at 12:40 PM | Permalink | Comments (0) | TrackBacks (0)

The consumer advocacy group Public Citizen is suing the U.S. Food and Drug Administration claiming the prescription painkiller sold as Darvon and Darvocet is too risky to remain on the market. Since 1981 more than 2,000 deaths have been associated with the drug, generically known as propoxyphene. Public Citizen originally petitioned the FDA two years ago seeking a ban on the drug, saying it was no more effective than safer painkillers. Public Citizen filed suit in U.S. District Court in Washington arguing that the FDA has violated the law by not ruling on its petition within the required six months. Propoxyphene is addictive and can cause slowed heart beat and other serious cardiac issues even when the proper dosage is ingested. Health Officials in the U.K. have already ordered the drug to be phased out in 2005 citing a few hundred accidental deaths and suicides a year associated with the drugs use. In the U.S. propoxyphene still remains one of the most widely prescribed generic drugs.

Posted by Kerry N. Jardine at 12:26 PM | Permalink | Comments (0) | TrackBacks (0)

Following the recall of the high dose double thick tablets of the Actavis drug Digitek, a lawsuit has been launched. The suit is on behalf of the lead plaintiffs including a Pennsylvania man who said the drug caused kidney damage and an Illinois woman who said she suffered nausea, dizziness and cardiac symptoms. The three drug companies facing the lawsuits are Actavis Totowa, distributor Mylan Pharmaceuticals and UDL Laboratories. Lawyers have filed three lawsuits thus far, but expect more to follow. The lawsuits argue that the pills were manufactured with undetected high doses of digitalis, an active ingredient that led to serious illness and even death in some cases. Digitek is used to treat heart failure and abnormal heart rhythms, but excessive doses can lead to digitalis toxicity, which in extreme cases can lead to cardiac arrest according to the FDA recall notice. “It was supposed to treat the symptoms of congestive heart failure, and the tragic thing is that it turned around and caused congestive heart failure in some cases,” said lawyer James Peterson, one of the attorneys involved in the case. The initial recall was announced April 25 and said that the tablets may contain twice the appropriate level of digitalis. At the time of the recall, Actavis knew of 11 people who had reported becoming ill after taking the drug. Tony O'Dell another lawyer involved in the case, points to a 2007 Food and Drug Administration letter to Actavis as indication of persistent problems. The letter, based on inspections in the summer of 2006, concludes in part that “significant deficiencies were found in the operations of your firm's quality control unit.” In response O’Dell said, “It's going to be difficult for this company to argue they were unaware of quality control problems at their plant.

Posted by Kerry N. Jardine at 07:16 AM | Permalink | Comments (0) | TrackBacks (0)

A new documentary entitled “Wipe Out” directed by Lionel Goddard is a conglomeration of video footage of extreme sports activities and illustrates the epidemic of young men suffering permanent brain injury. Goddard says some of the most striking footage he obtained was from amateurs uploading to YouTube. He coined the findings as, “it was like shooting fish in a barrel. These kids doing all these extreme stunts on film had reams of footage of kids wiping out. It was terrifyingly easy to find.” In the film he grew close to three brain injured victims who are profiled, a professional snowboarder, skateboarder and motorcyclist. “It's by far the most intense film I've ever been involved with,” says the 40-year-old Goddard. “I can't think of anything tougher than talking on camera about a permanent brain injury.” He says there are some 30 traumatic brain injuries every day in British Columbia. “It's probably the biggest health issue that nobody is talking about.” Many victims are young men and teens, caught up in ever more challenging extreme sports. The dynamic has changed.

Posted by Kerry N. Jardine at 12:40 PM | Permalink | Comments (0) | TrackBacks (0)

The Salmonella-tainted tomato illnesses have expanded to include 17 states said U.S health officials. As of Wednesday June 11, the number of reported cases has risen to 167. Representatives from the U.S. Food and Drug Administration and the Centers for Disease Control and Prevention (CDC) said they have yet to determine the source of the Salmonella outbreak, which has hit New Mexico and Texas the hardest. Officials said the earliest reported onset of illness was on April 16 and that the latest was May 27. Of the 167 cases reported, 23 have resulted in hospitalization. Chief of the CDC’s OutbreakNet Team, Ian Williams said that the latest poisoning scare has yet to be associated with any specific restaurants or grocery stores. The tomato recall includes raw plum, Roma and round tomatoes. Tomatoes from the central region of Florida are under investigation, but the FDA has not ruled out Mexico which produces 84 percent of the tomatoes imported by the United States. Salmonella bacteria produce symptoms including fever, diarrhea, nausea, vomiting and abdominal pain and generally appear within 12 to 72 hours of eating tainted food. The current outbreak is caused by an uncommon type of bacteria known as Salmonella Saintpaul.

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

What kind of world do we live in where a man who seeks help for psychological reasons is solicited by his psychiatrist to help him find a handgun to kill 6 people? Fortunately, the troubled man had the foresight to call police telling them of his psychiatrist’s intentions. The psychiatrist was later arrested after purchasing a pistol with a silencer from an undercover officer. He pleaded guilty to illegal weapon possession and was sentenced to jail. The psychiatrist was understandably ordered to pay $365,000 to his patient for mental malpractice.

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

The Food and Drug Administration issued a recall earlier in the week of a voluntary recall ETHEX Corporation’s single lot of morphine sulfate 60 mg extended release tablets due to a report of a tablet with twice the appropriate thickness. The oversized tablets could contain up to two times as much active morphine sulfate. An overdose of morphine sulfate could cause life threatening consequences such as difficulty of lack of breathing and low blood pressure. For those the product have been prescribed may already be experiencing a debilitating loss of strength and energy and drug impairment, thus causing the inability to recognize the oversized tablet. The recalled lot has a label between April 16th and April 27th of 2008.

Posted by Kerry N. Jardine at 12:26 PM | Permalink | Comments (0) | TrackBacks (0)

In a study from the CDC released in the journal Wilderness and Environmental Medicine presented national outdoor recreational injury estimates and is believed to be the first type study of its kind. Between 2004 and 2005 there were approximately 213,000 people treated each year in emergency departments for outdoor recreational injuries. Of those injured, about 109,000 (51.5 percent) were young people between the ages of 10 and 24. For both men and women of all ages an overall, 6.5 percent of outdoor injuries treated were diagnosed as traumatic brain injury (TBI). “Participation in outdoor recreation is increasingly popular in the United States,” said Arlene Greenspan, Dr. PH and co-author of the study. “The good news is that there are ways to help stay safe while having healthy fun outdoors. For example, by wearing the appropriate helmet for snowboarding, snowmobiling, sledding and rock climbing, you can reduce your risk of having a head injury, which could become a traumatic brain injury. Helmets are one piece of equipment that can have a critical, positive impact.” She concluded.

Posted by Kerry N. Jardine at 08:24 AM | Permalink | Comments (0) | TrackBacks (0)

In a study from the CDC released in the journal Wilderness and Environmental Medicine presented national outdoor recreational injury estimates and is believed to be the first type study of its kind. Between 2004 and 2005 there were approximately 213,000 people treated each year in emergency departments for outdoor recreational injuries. Of those injured, about 109,000 (51.5 percent) were young people between the ages of 10 and 24. For both men and women of all ages an overall, 6.5 percent of outdoor injuries treated were diagnosed as traumatic brain injury (TBI). “Participation in outdoor recreation is increasingly popular in the United States,” said Arlene Greenspan, Dr. PH and co-author of the study. “The good news is that there are ways to help stay safe while having healthy fun outdoors. For example, by wearing the appropriate helmet for snowboarding, snowmobiling, sledding and rock climbing, you can reduce your risk of having a head injury, which could become a traumatic brain injury. Helmets are one piece of equipment that can have a critical, positive impact.” She concluded.

Posted by Kerry N. Jardine at 08:24 AM | Permalink | Comments (0) | TrackBacks (0)

The Quebec Superior Court has given approval for a class-action lawsuit against the pharmaceutical company Pfizer Inc. and its subsidiary, Pfizer Canada Inc. regarding their contraceptive drug Depo-Provera. Depo-Provera is an injection administered every three months that can be used to treat women with endometriosis and breast and endometrial cancer in menopausal women as well as used as a contraceptive. The $50 million class action suit claims that Pfizer knew that Depo-Provera could cause a decrease in bone density in women using it. The representative plaintiff, Noelia Brito, had her bone density tested seven years after she began using the drug. The test revealed that the 37-year-old had the bone density of a 70-year-old. In a June 2005, public notice, Pfizer admitted that two clinical studies indicated that women using Depo-Provera might be subject to a considerable reduction in their bone mineral density. Daniel Belleau, who is representing the plaintiffs, guessed that possibly thousands of women will come forward in the lawsuit because in the last five years, 3 million prescriptions for Depo-Provera have been filled. While it has long been known that Depo-Provera causes bone loss, it has been discovered that the bone loss grows worse the longer the drug is used and may remain long after the injections stopped and could even be irreversible. For these reasons the FDA in agreement with Pfizer in November 2004 agreed to put a black box warning on the label. Pfizer and the FDA recommend that Depo-Provera not be used for longer than 2 years due to concerns over bone loss. Regardless of the steps taken to protect women with the black box warning long after its initial approval and release, Pfizer allegedly knew of the bone loss and released it for general consumption. Depo-Provera was approved by the FDA in 1992.

Posted by Kerry N. Jardine at 04:20 PM | Permalink | Comments (0) | TrackBacks (0)

A jury has awarded a New Jersey man nearly $4.4 million. In December 2000 the man lost his leg in an unfortunate construction accident at his church. When reaching for a telephone junction box, he dislodged a stack of drywall that fell on him, trapping him for 12 hours. He lay there until someone found him the next morning. Doctors had to amputate the left leg above the knee and his right leg was permanently damaged. The jurors decided the construction companies involved were negligent and assigned each business individually 70 percent and 20 percent responsibility. The remaining 10 percent was assigned the amputee. The award will cover the victim’s future medical expenses and life care.

Posted by Kerry N. Jardine at 08:51 AM | Permalink | Comments (0) | TrackBacks (0)

In a landmark and hopefully precedent setting decision a class-action lawsuit has been settled in Massachusetts on behalf of 5 individuals with traumatic brain injuries, the Brain Injury Association of Massachusetts, and the Stayros Center for Independent Living. The settlement enables nearly 2000 victims of brain injuries to move out of nursing facilities and other institutions after the agreement. The complaint charged that the Commonwealth violated the Americans with Disabilities Act for failing to provide adequate community services. “This is a historic moment for persons with brain injuries in Massachusetts, many of whom have been unnecessarily institutionalized in nursing facilities, often for decades,” said Steven J. Schwartz of the Center for Public Representation, lead counsel for the plaintiffs. “As a result of the settlement, close to 2000 persons with brain injuries finally will be able to live in integrated settings, nearer to their families and their home communities.” Currently, approximately 8000 people with brain injuries reside in nursing and rehabilitative facilities in Massachusetts and according to the plaintiffs’ co-counsel at least a quarter of them could successfully transition to integrated community settings if those services were available. Arlene Korab, Executive Director of BIA-MA said, “Today’s agreement is a first in the nation for people with brain injuries and will serve as a model for other states.” The majority of people with brain injuries spend little time in hospitals and rehabilitative facilities. Once the initial treatment ends, these individuals are left to survive on their own because of the lack of community-based assistance with personal and rehabilitative care to return to semi-independent lives.

Posted by Kerry N. Jardine at 04:48 PM | Permalink | Comments (0) | TrackBacks (0)

Dr. David Healow, a Billings, Montana physician who treated patients with chronic pain, recently settled three medical malpractice lawsuits against him. The lawsuits alleged that the doctor negligently prescribed potentially lethal doses of pain medication to at least two of his patients. In addition, he stands accused of failing to properly treat a patient who developed an infection from the surgically implanted medication pump in his abdomen. Healow operated the pain control clinic until it closed in 2006. The settlement amounts were undisclosed as a result of confidentiality agreements in effect.

Posted by Scott J. Eldredge at 12:09 PM | Permalink | Comments (0) | TrackBacks (0)

The first ever rally/walk/run 5K in the nation will occur Saturday June 14, in Austin Texas. The fundraiser, The Peace of Mind 5K, is intended to salute and raise money for Americans with combat-related traumatic brain injuries. The event admirably occurs on Flag Day. One thousand American flags will be distributed to attendees to wave in support of those who have served our country. Proceeds from the Peace of Mind 5K will benefit the Defense/Veterans Brain Injury Centers, the Helping a Hero Organization, the Brain Injury Association of Texas and Easter Seals Central Texas. “As Americans, we should honor and serve those who have served our country and have made great sacrifices. These heroes deserve our full support in returning to society and leading full lives,” says Dr. R.W. Van Boven, an Austin neurologist who chairs the Peace of Mind 5K organizing committee. “The Peace of Mind 5K is designed to bring Texans together with one unified purpose -- a rally of support for American heroes who have been wounded at war.” Participants in the event include Texas Governor Rick Perry.

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

In an editorial from The Roanoke Times in Virginia expresses the reprehensible way medical malpractice caps are causing suffering of their own kind. As of July 1st Virginia’s cap on malpractice damages will top at $2 million. That amount includes all damages, medical expenses, lost income, pain and suffering and other non-economic damages. This cap will result in some patients being unable to recover their actual losses including medical expenses and the inability to work. With rising medical expenses nationwide the impact will victimize patients even more. One woman for instance won a $3.5 million verdict, but it will likely be halved. Her lawyers said her medical bills and lost wages have totaled $2.25 million. Malpractice is a fact of life and the victims of it may face costs exceeding the cap. The doctor and the insurance company covering him or her have a responsibility to the injured patient. It seems to be intuitively obvious that arbitrary caps like these will further victimize the victims and place a heavier burden on the already stressed medical system.

Posted by Scott J. Eldredge at 04:12 PM | Permalink | Comments (0) | TrackBacks (0)

When an Ohio University freshman student woke with horrible pain in her right arm suffering from dizziness and fever, the Hudson Health Center doctor who examined her diagnosed her with a sore throat and muscle strain and sent her home with a vomit-inhibiting drug. She returned an hour and a half later and had trouble reaching the top of the steps at the center. She tearfully and anxiously told her doctor she felt as if she might pass out. The doctor changed her diagnosis to anxiety and offered her Aleve and animal crackers. Later, her father drove her to a hospital and their doctors noticed the telltale signs of necrotizing fasciitis and officially diagnosed her with the rare and life-threatening infection. She was her airlifted to Ohio State University Medical Center in Columbus. That night, OSU doctors amputated her right arm, removing portions of her shoulder and collarbone. Arguing Hudson misdiagnosed his daughter, wasting precious time and exacerbating her trauma, her father said that he plans to sue Hudson for malpractice. Apparently, doctors recognize this life-threatening infection when a patient complains of disproportional pain, which was the case with the OU freshman. In a statement her father said, “They simply could have sent her to the emergency room. She even asked, and they didn’t do it.”

Posted by Scott J. Eldredge at 12:00 PM | Permalink | Comments (0) | TrackBacks (0)

A former nuclear pharmacist was diagnosed with multiple sclerosis in 1988. In February of 2006, Larry Schultz, went to St. Luke’s Medical Center for a drug injection to be administered via his spine that was to relieve spasticity resulting from his disease. A medical resident at the hospital administered the drug Baclofen and Reno-60 into the spine. Unfortunately, Reno-60 was labeled that it was not to be used in spinal injections. The mistake resulted in severe spasticity, seizures and neurological damage, including fractures to three vertebrae and his hips. Schultz required further surgery and was condemned to a wheelchair. A jury awarded him more than $10 million in damages for the catastrophic injuries he suffered as a result of the mistake.

Posted by Scott J. Eldredge at 08:03 AM | Permalink | Comments (0) | TrackBacks (0)

The recent spat of construction crane collapses in New York is calling into question the safety and well-being of New York’s construction workers and inhabitants. The latest being just one of many in New York City over the past year including the unfortunate fatalities caused by a crane collapse last month and a few weeks ago. The New York County District Attorney’s office launched an investigation into one of the construction firms involved in a collapse, while City Hall stopped all crane construction in Manhattan for a couple of days. Mayor Bloomberg budgeted $4 million to hire 20 new highly specialized safety engineers to monitor the escalating number of construction sites around the city, but will that be enough to safeguard New Yorkers from death and injury?

Posted by Kerry N. Jardine at 03:40 PM | Permalink | Comments (0) | TrackBacks (0)

The Food & Drug Administration issued a Class 1 recall, the highest rating, for all strengths of Digitek (digoxin). The drug is used for the treatment of various heart conditions, namely atrial fibrillation, atrial flutter and sometimes heart failure that cannot be controlled by other medication in human and animal patients. The nationwide recall was initiated when the product was made double the appropriate thickness thus possibly containing twice the approved level of the active ingredient. The double strength tablets pose a risk of digitalis toxicity in patients with renal failure. Digitalis toxicity can cause nausea, vomiting, dizziness, low blood pressure, cardiac instability and bradycardia. Several reports of illnesses and injuries have been reported to the FDA. The products are distributed by Mylan Pharmaceuticals Inc., under a “Bertek” label and by UDL Laboratories, Inc. under a “UDL” label. The original voluntary recall occurred in late April. By mid-May a Safety Warning and Recall Notification had been sent out to Veterinarians who use the human drug to treat their animal patients.

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

When a traumatic brain injury has occurred the damaged nerve cells are unable to regenerate. If the injury is severe enough cognitive functionalities can be permanently lost. Patients may experience difficulties in memory and attention, language skills, emotional control, behavior and sensations. The CDC estimates about 5.3 million Americans who have had a TBI need some measure of help with routine daily activities. Post TBI patients may have permanent brain damage, yet the unaffected areas of the brain can be trained to replace some of the injured brain’s lost functions. Valid and useful rehabilitation is imperative for patients with TBI. The goal of rehabilitation is to help patients regain their independence potential. Each patient has different needs and abilities so rehab programs need to be personally tailored to each individual. As an example of critical care for patients with TBI, Scripps Memorial Hospital has developed an intensive outpatient rehabilitation program. TBI patients participate in six-and-half hour program three to four days a week. The program uses a team of psychiatrists, psychologists, nurses, speech therapists, occupational therapists, physical therapists and social workers in conjunction with family who work regularly to develop and personalize rehabilitation programs for each patient. The program also helps families find local resources to assist and support patients as they move back into semi-independent living. The cost of traumatic brain injury treatment and rehabilitation can reach into the millions of dollars, that is why it is imperative to know what can be done to help finance such an endeavor and what rights the individual and family may have.

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

The case against two men accused of running over an 11 year-old boy with their boat and then fleeing the scene is currently hearing testimony in the Fresno County Superior Court. During testimony the father detailed the incident where he was towing his son from a personal watercraft, when the two men ran over his boy causing multiple and horrific injuries, including a gash that spanned his head exposing his brain. The boat's propeller also had cut his son's shoulder and abdomen. The boy survived, but only after multiple surgeries. His parents say he'll never fully recover from brain injuries and his face will always be disfigured. The charges against the two men include hit and run and failure to report an accident or render aid. The driver is also is charged with the enhancements of causing great bodily injury, reckless driving and speeding.

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

In a case of municipal negligence a 14-year-old boy was struck by a car while riding a bicycle and sustained a traumatic brain injury. His father sued the city of Hanford, California on behalf of his son claiming poor roadway maintenance and lack of appropriate signage led to the life-changing injury. The week before trial, the city of Hanford settled out of court for a lifetime stream of payments of equaling $15 million. According to the lawsuit, the intersection where the accident happened was hazardous to school children crossing the road. Hanford’s records showed the city was aware of the deficiencies of the intersection but did not correct them. The settlement will cover the boy’s past and future medical expenses, therapy and 24 hour care for the rest of his life.

Posted by Kerry N. Jardine at 08:50 AM | Permalink | Comments (0) | TrackBacks (0)

Hyperbaric oxygen therapy (HBOT) is known for its treatment in medical conditions caused by scuba diving such as decompression sickness, or ‘the bends’. HBOT is a system where a patient in a pressurized chamber breathes 100 percent oxygen. Normally, we breathe 20 percent oxygen and 80 percent nitrogen. According to the United States National Library of Medicine and the National Institutes of Health, the air pressure inside a hyperbaric oxygen therapy chamber is two and a half times greater than normal atmospheric pressure. “Oxygen is dissolved into the lungs and into the liquid portion of the blood,” said Paul G. Harch, M.D., a hyperbaric and emergency medicine physician. “It reaches areas in the body it normally wouldn't reach because of the very high concentration.” Now, there are many other medical conditions benefiting from HBOT therapy. HBOT has been found to be an effective system in increasing oxygen delivery to the brain. The therapy is not only effective in treating traumatic brain injury, but in strokes, cerebral palsy, autism, near drowning, near hanging, birth injury, genetic disorders like mitochondrial disease, multiple sclerosis, chronic fatigue, among other conditions.

Posted by Kerry N. Jardine at 04:47 PM | Permalink | Comments (0) | TrackBacks (0)

The Food and Drug Administration (FDA) has issued an Early Communication About an Ongoing Safety Review to inform healthcare professionals about a possible association between the use of Tumor Necrosis Factor (TNF) blockers and the development of lymphoma and other cancers in children and young adults. The FDA is currently investigating about 30 reports of cancer in children and young adults. These reports were submitted to FDA's Adverse Event Reporting System over a ten-year interval, beginning in 1998 through April 29, 2008. These reports describe cancer occurring in children and young adults who began taking TNF blockers (along with other immuno-suppressive medicines such as methotrexate, azathioprine or 6-mercaptopurine), when they were ages 18 or less, to treat juvenile idiopathic arthritis, Crohn's disease or other diseases. Approximately half of the cancers were lymphomas, including both Hodgkin's and non-Hodgkin's lymphoma. Long-term studies are necessary to provide definitive answers about whether TNF blockers increase the occurrence of cancers in children because cancers may take a long time to develop and may not be detected in short-term studies. Until the evaluation is completed, healthcare providers, parents, and caregivers should be aware of the possible risk of lymphoma and other cancers in children and young adults when deciding how to best treat these patients.

Posted by Kerry N. Jardine at 12:44 PM | Permalink | Comments (0) | TrackBacks (0)

In a malpractice decision a jury agreed that a C-section delivery damaged the organs of Brenda Schenk resulting in the removal of her transplanted pancreas that she had received to treat her diabetes. The hospital where this occurred was Strong Memorial Hospital and they were ordered to award $17 million in the medical malpractice decision. Her attorneys contend that because of poor planning the doctors cut the connection between her pancreas and bladder causing pancreatic fluid and urine to leak into her abdominal cavity. The fluid burned her organs, penetrated her abdominal wall ultimately requiring doctors to remove the transplanted pancreas.

Posted by Scott J. Eldredge at 04:42 PM | Permalink | Comments (0) | TrackBacks (0)

Tennessee resident, Jeanie Deason, has won a two year battle in getting an experimental treatment approved for Nephrogenic Systemic Fibrosis (NSF) covered by TennCare, the state’s insurance plan for the poor and disabled. It's a ruling that a legal expert on health coverage says could potentially assist thousands of others with rare diseases across the country. Patients with rare disorders often face the same predicament as Deason. Insurance companies typically will not cover a treatment unless the FDA has approved it for that particular disease. In regards to NSF, there is no FDA approved treatment. During the two year battle Jeanie Deason’s condition worsened. Dr. John Zic, Deason's physician and an assistant professor of dermatology at Vanderbilt, has treated four of the 200 plus patients worldwide who have NSF. The treatment, extracorporeal photopheresis, involves removing blood from the patient’s body, exposing it to ultraviolet light and then re-infusing it back into the body. Dr. Zic has used the procedure in 3 out of four successful outcomes. One patient who was initially unable to close her hand could use a pen to sign documents after three months of treatment. Another patient had significant joint stiffness and difficulty walking, but nearly seven months later, was walking without a significant limp. The therapy will cost several thousand dollars per month. Deason will undergo two treatments a month for one to two years, according to Zic. It's something that Deason could never afford with the $695 in Social Security she collects each month.

Posted by Peter W. Burg at 08:38 AM | Permalink | Comments (0) | TrackBacks (0)

The U.S. Court of Appeals reinstated a lawsuit contending the parent company of medical centers across the country, Hospital Corporation of America, deliberately understaffed registered nurses to increase profits. HCA is the nation's largest hospital chain, operating 169 hospitals and 115 outpatient centers in 20 states and England. The suit alleges that low staffing levels resulted in inadequate care for patients, and led to injuries and deaths. The lead plaintiff in the suit claims that the lack of an adequate number of nurses during and post surgery resulted in his death. Her husband’s death in the post surgical critical care unit was not discovered for an hour. The lawsuit does not question the skills or care of nurses at the medical center where he died and other H