Nephrogenic Systemic Fibrosis has been identified with exposure to gadolinium-containing contrasting agents used in MRI and patients suffering renal failure and under kidney dialysis. Due to the nature of the disease and its swift and progressive attack that hardens and thickens skin and other tissues throughout the body, the Court has pushed for an aggressive trial schedule since many of the plaintiffs are very ill and may not survive lengthy litigation. The federal gadolinium litigation has been consolidated before Judge Dan Polster in the United States District Court for the Northern District of Ohio for purposes of pretrial litigation. According to Judge Polster, Bayer Healthcare, one of the 5 manufacturers of the gadolinium contrasting agents, has initiated settlement negotiations with a number of plaintiffs. About 400 gadolinium lawsuits have been filed in state or federal courts against Bayer and the makers of four other types of MRI contrast agents, including GE Healthcare’s Omniscan, Bracco Diagnostics’ MultiHance and ProHance, and Mallinckrodt’s OptiMARK. Details of gadolinium settlement negotiations have not been publicly released, during a recent status conference held on March 6, 2009, Judge Polster confirmed that discussions have taken place and suggested that several cases may settle in the near future.

Posted by Peter W. Burg at 08:51 PM | Permalink | Comments (0) | TrackBacks (0)

Attorneys for victims of nephrogenic systemic fibrosis caused by gadolinium MRI contrast agent exposure have had their case consolidated in the Federal Court before Judge Dan Polster in the United States District Court for the Northern District of Ohio, Eastern Division since February 2008. Judge Polster will preside over four gadolinium lawsuit trials starting in early January 2010. Judge Polster is presiding over all of the Federal Court gadolinium NSF cases brought across the country. Currently, there are about 420 gadolinium NSF cases pending in his Court. The four trials will be conducted on or around January 15, March 1, April 15 and June 1, 2010. NSF victims already suffer from renal failure and the scientific community who have investigated the disease are under the general consensus that because renal failure, patients are unable to expel the toxic contrast agent from their systems in the same manner as those without renal failure. The disease typically presents with the hardening of the skin, contracture of joints reducing mobility to the point of being confined to a wheelchair and can lead to eventual death.

Posted by Peter W. Burg at 11:33 AM | Permalink | Comments (0) | TrackBacks (0)

Innovative therapies are being increasingly used in traumatic brain injury cases. More recently the new therapies have been opened to military troops suffering from TBI. Over the past four years electronic brain stimulation, oxygen-induction using hyperbaric oxygen chambers, drugs and other therapies have been used to treat 43 people, including five soldiers, out of minimally-conscious or vegetative states according to Dr. Philip A. DeFina from the not-for-profit International Brain Research Foundation Inc. in New Jersey.

“There are a number of different types of (brain) injuries that we've been dealing with -- all of which have been responding to the protocols,” DeFina an Army veteran said. The therapies are combining to electrically and chemically stimulate the brain. The innovative therapies, DeFina said, have been used in a singular manner to successfully treat patients with brain injuries. Using those therapies in combination “is even more powerful,” he said.

Posted by Kerry N. Jardine at 09:15 AM | Permalink | Comments (0) | TrackBacks (0)

During pregnancy Kimberly Monson developed preeclampsia in her 35th week. The condition is typically treatable, but her obstetrician failed to treat her properly. Her condition worsened becoming severe enough to cause a brain bleed leading to brain damage. The baby was delivered safely. In the ensuing medical malpractice case she secured a $6.4 million award.

"She's really a brave and courageous woman. It's a great family and, hopefully, this can allow her to move on a little, I guess," said her attorney.

Posted by Scott J. Eldredge at 04:13 PM | Permalink | Comments (0) | TrackBacks (0)

Every 23 seconds a traumatic brain injury occurs in the United States.

The chances of sustaining a brain injury are five times more likely than multiple sclerosis, spinal cord injury, HIV/AIDS and breast cancer combined.

The federal government spends less than $3 per brain injury victim on research and services.

Each year 475,000 children in the U.S. sustain a traumatic brain injury
Traumatic brain injury is the leading cause of death and disability among youngsters.

Those who have suffered a TBI are at an increased risk of developing Alzheimer’s and Parkinson’s disease.

Current care and rehabilitation practices prematurely discharge victims to nursing homes, psychiatric institutions or correctional facilities.

To get the best possible care and services it is imperative to hook into local brain injury associations to obtain important information and patient rights and find advocacy partners such as attorneys who specialize in the area of traumatic brain injury.

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

A family lost the life of their unborn child to a faulty decision made by their healthcare provider. Instead of electing to perform an immediate Cesarean section delivery to save the infant, the provider chose to transfer the mother and unborn child to another hospital. During the transfer, the ambulance medics attempted to perform an emergency Cesarean section delivery, but it was too little too late. They were unable to resuscitate the infant following the delivery. The parents filed a malpractice lawsuit and a jury agreed with the plaintiffs, awarding them $1.7 million for the death of their infant son.

Posted by Scott J. Eldredge at 04:08 PM | Permalink | Comments (0) | TrackBacks (0)

The surprising death of actress Natasha Richardson caused by a seemingly simple injury has ignited talk and education on the reality of traumatic brain injury. CNN medical producer Danielle Dellorto, brought to light the unbiased nature of the injury. In an interview with Dr. Carmelo Graffagnino, director of Duke University Medical Center’s Neurosciences Critical Care Unit, he told CNN how common it is for someone who has had a fall or been in a car accident can appear lucid just after the impact but then to suddenly and rapidly deteriorate.

The rapid deterioration was likely due to a brain bleed called an epidural hemorrhage according to Graffagnino, “A patient can appear so deceivingly normal at first, but they actually have a brain bleed and as the pressure builds up, they’ll experience classic symptoms of a traumatic brain injury.”

“There is an artery that runs above the skull and can get torn and begin to bleed above the lining of the brain.” Graffagnino says. “At that point all the pressure is pushed on the brain, causing it to swell but there is often no room for it to move inside the skull cavity. And as the pressure continues, it reduces blood flow to the brain and a patient would begin to feel the symptoms.”

Posted by Kerry N. Jardine at 09:07 AM | Permalink | Comments (0) | TrackBacks (0)

Annual pap smears for women are touted as the best and possibly only way to prevent cervical cancer. Once an abnormal pap smear is detected there are a number of very quick treatment choices for women that virtually eliminate any further danger of progressing to cervical cancer. Many women religiously schedule visits with their doctors to detect any troublesome areas. One woman did just that, but in the end it was the pathology lab that failed to detect signs of cervical cancer. Once her cancer was finally detected it had spread and required surgery and radiation treatment, according to the ensuing malpractice court documents. A jury agreed with the plaintiff and awarded her and her husband $5.5 million in damages.

Posted by Scott J. Eldredge at 11:57 AM | Permalink | Comments (0) | TrackBacks (0)

Actress Natasha Richardson was reportedly in serious condition with a head injury after falling during a ski lesson on a beginner’s trail. The ski patrol following strict procedures brought her to the bottom of the slope and insisted she see a doctor. She declined. At first, she was fine, but within an hour she began to have a headache and finally went to the hospital. Sources close to Natasha Richardson say she is now brain dead and being flown back to New York, where she will be taken off of life support. Richardson’s story is a devastating one. Her entire life was ahead of her and this one moment in time changed everything. Her story is the story of thousands of others who have suffered a “bump” on the head, but do not seek treatment. It is imperative once a head injury is incurred, seemingly minor or not, to seek immediate treatment.

Dr. Steven Flanagan, director of Rusk Institute of Rehabilitation Medicine at New York University’s Langone Medical Center said, “When someone has bleeding between the skull and the brain, it basically presses on the brain, and if it presses enough… it can cause substantial damage and even death.” Flanagan continued, “What this implies is that someone hits their head and they are seemingly OK initially, but then they get a rapid collection of blood, usually called epidural hemorrhage, and that means bleeding between the skull and the brain.” Symptoms of an epidural hemorrhage include: headache; loss of consciousness; weakness on one side of the body; and a change in mental status. If the condition is not treated immediately, the person will fall into a coma and “it’s downhill from there. So you need to get the injury treated immediately.”

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

Currently in Colorado, plaintiffs can be ordered by a judge to buy “cost bonds” to cover all court costs should the plaintiff lose their case. This week, a bill is being heard in the Colorado state assembly which is an effort to do away with most of the “cost bonds.” As an example, a Denver man had to choose to either drop his medical malpractice case in the death of his wife or use his children’s college fund. He could not afford the cost bonds precisely because of his wife’s hospital bills. His case was certified as having merit by medical experts.

“He had to make the really difficult decision that he could not do that, so the case was dismissed, and he never got his day in court,” said his attorney.

“If every person who's going to bring a lawsuit has to come up with 10, 25, or 50 thousand dollars, what kind of court system is that? That's a court system for the wealthy, that's what it is,” the Denver attorney continued.

Posted by Scott J. Eldredge at 11:46 AM | Permalink | Comments (0) | TrackBacks (0)

Currently there are two accepted techniques to determine whether a traumatic brain injury has been incurred or not. One is a functional magnetic resonance imaging (MRI) and the other is the CT scan. Both are expensive. A new technology will be introduced by two Japanese scientists at the University of Houston that promises to deliver more comprehensive and accurate diagnosis at a fraction of the cost. The technology combines high-density electroencephalography (EEG) and near-infrared spectroscopy (NIRS) to detect cerebral blood flow. Combining the EEG and NIRS will study both electrical and metabolic activities at the same time to improve patient benefits. The device fits on a patient’s head and the configuration of fiber optics and special electrodes sends light into the brain. The light scatters as it travels through the layers of the brain tissue and is then reflected out and measured by a set of sensors.

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

A Kentucky jury awarded $2.5 million in a medical malpractice lawsuit filed on behalf of a married couple affected by a sponge left behind after surgery for a hysterectomy. In 2001, Sophia Savage had a hysterectomy. During surgery the sponge was left in her abdomen. In 2005, Sophia went to her doctor complaining of pain and during an X-ray the sponge was found. While in another surgery to remove the sponge, surgeons discovered that it was attached to her lower intestines thus forcing them to remove 49 centimeters of her small intestine. Sophia Savage was awarded $1.9 million for past and future pain and suffering and $65,968 for past medical expenses while her husband was awarded $500,000 for loss of consortium.

Posted by Scott J. Eldredge at 11:44 AM | Permalink | Comments (0) | TrackBacks (0)

Many traumatic brain injury victims have a 400 percent increase risk of developing Alzheimer’s disease later in life. Now a new class of Alzheimer’s disease drugs may prevent long-term damage associated with traumatic brain injuries. According to a study of mice by Georgetown University Medical Center researchers, gamma-secretase inhibitors were used to target amyloid plaque that accumulates in the brain of those with Alzheimer’s disease.

“No one knows why it occurs, but abnormal amounts of amyloid plaque have been found during an autopsy in about a third of brain injury victims, some of whom were children who would ordinarily never have had these deposits,” Mark Burns, a neuroscientist and assistant professor at Georgetown and the study's lead author, said in a university news release. “In this study, we show that the same pathways activated chronically in Alzheimer's disease are activated acutely in traumatic brain injury and that they appear to play a very important role in secondary injury.”

“This is an exciting finding that we hope can be readily tested in patients with traumatic brain injury,” Burns said.

Posted by Kerry N. Jardine at 08:57 AM | Permalink | Comments (0) | TrackBacks (0)

Former osteopath John A. King who generated 124 medical malpractice lawsuits during his seven months at Putnam General Hospital had filed for bankruptcy in late 2007 claiming the only asset to his name was a $500 Volvo, thus trying to prevent litigation against him. Fortunately, a federal bankruptcy judge learned that King has been hiding at least $670,000 in assets under the Bone Maker Trust, one of several accounts King created. As a result, the judge ruled that King can no longer use his federal bankruptcy filing to eliminate debts or protect himself from financial claims and lawsuits. Perhaps justice can finally be realized for the countless victims of his negligence.

Posted by Scott J. Eldredge at 11:50 AM | Permalink | Comments (0) | TrackBacks (0)

In an effort to help with the number of traumatic brain injury victims in North Dakota, that state’s senate voted unanimously to support a bill to assist those who have incurred a TBI. Senate Bill 2198 proposes provisioning of specialized state services, including expanded vocational rehabilitation as well as instituting a traumatic brain injury registry not unlike the state’s cancer registry currently in operation. The bill also seeks to prevent future brain injuries through education. The bill will now go to the House.

Posted by Kerry N. Jardine at 09:01 AM | Permalink | Comments (0) | TrackBacks (0)

Francis Keller, 21, died after oral surgery to remove his wisdom teeth. His family filed a dental medical malpractice lawsuit alleging their son’s death was the result of Dr. George Flugrad’s failing to receive clearance from the young man’s primary physician. Francis Keller suffered from a hereditary immune disorder where trauma to his face and hands could cause his immune system to react, resulting in swelling of the hands, face and airway. Following the wisdom teeth extraction, Keller began having trouble breathing as a result of his throat swelling, causing him to suffocate to death. The dental malpractice lawsuit resulted in a $10.2 million award to Keller’s family.

Posted by Scott J. Eldredge at 11:41 AM | Permalink | Comments (0) | TrackBacks (0)

A new risk identified while undergoing MRI has surfaced. It is by no means wide spread, but can be a concern to some. The U.S. Food and Drug Administration warned that some skin patches, such as those that deliver nicotine or other drugs, can cause skin burns if worn during an MRI scan because they contain aluminum and other metals. The metal content is not always listed as a risk on the product labeling. The skin patches include brand names as well as generic products and those that can be found over the counter. People who have used the patches during MRI scans have reported having skin burns under the patch. The FDA has received reports of five people being burned from wearing a skin patch during MRI scans. The FDA is reviewing the labeling and material content of all medicated patches to make sure those that contain metals carry a warning about the risk of wearing the patch during an MRI. They said they will tell the public when the new information is added to the label. Until then, be armed with information and tell the staff at the MRI center, both when you call to make the appointment and when you fill in the health questionnaire before you have an MRI scam, advises the FDA.

Posted by Kerry N. Jardine at 08:46 PM | Permalink | Comments (0) | TrackBacks (0)

Medical Justice is a company that advises doctors to have their patients sign a non-disclosure agreement prior to being seen to prevent any possible negative treatment being reported on medical consumer websites. Websites such as Yelp, RageMDs and Angie’s List have been created for just such a venue. If a patient refuses to sign the what is essentially a gag order, the doctor can turn them away. What is alarming about this trend is that if a patient is poorly treated they have no way to warn other potential consumers. In other venues if consumers are unhappy with a product or treatment they can file a complaint with such companies as Consumer Reports or the Better Business Bureau. The non-disclosure forms prevent this recourse for medical consumers. John Swapceinski, co-founder of RateMDs.com, said that in recent months, six doctors have asked him to remove negative online comments based on patients’ signed waivers. He has refused. “They’re basically forcing the patients to choose between health care and their First Amendment rights, and I really find that repulsive,” Swapceinski said. He said he’s planning to post a “Wall of Shame” listing names of doctors who use patient waivers

Posted by Scott J. Eldredge at 11:54 AM | Permalink | Comments (0) | TrackBacks (0)