FDA Finds "Clear Link" Between 81 Deaths and Contaminated Heparin

As reported in the New York Times, federal officials have now identified a “clear link” between contaminated heparin from China and 81 US deaths from severe reactions to the drug. Up until this point, Chinese heparin manufacturers (including Baxter) have openly doubted that a link could be proven connecting these deaths to the contaminant. Baxter even issued a public statement claiming that they did not expect any “material litigation” as a result of the dangerous drug.

Similarly, Chinese officials have now joined the drug manufacturers in disputing the validity of this FDA report showing a “clear link” between reported illness and contaminated heparin. They openly dispute the possibility that the fake chemical additive found in Heparin was responsible for the 81 deaths and countless severe reactions reported in the US. Chinese officials are also suggesting that because reactions to heparin have only occurred in the United States, the problem must stem from the American processing plants that also handled the drug.

Unfortunately, international reports have proven otherwise. German officials have recently come forward reporting strange reactions in dialysis patients after heparin use. The contaminant itself (which has been linked directly to the Chinese manufacturers) has also been found in heparin supplies in 11 other countries to date. And, although Chinese manufacturers and officials dispute a link between the contaminant and the resulting illnesses, FDA director Dr. Janet Woodcock makes an excellent point: “Heparin should not be contaminated, regardless of whether or not that contamination caused acute adverse events.” She also adds that, “we [the FDA] are fairly confident based on the biological information that we have had that this contaminant is capable of triggering these adverse reactions.”

And while China attempts to pass the buck onto American processing plants, China”s recent track record is a major factor contributing to the public”s distrust. Contaminated Heparin is just another addition to the other toxic imports from China, including contaminated toothpaste, dog food, lead paint toys and tainted fish products. After the discovery of these products, China was equally defensive and unwilling to accept responsibility until July of 2007 when the government executed its top food and drug regulator for taking bribes and promised product safety reforms.

Obviously, those reforms were not carried out. Furthermore, Chinese officials have made clear that plant inspections and better testing methods will only be implemented if the United States agrees to reciprocity. This means that the inspection of Chinese plants will only be allowed if the Chinese can set up shop in the US and inspect our facilities as well (something they know that the US is less than willing to concede). Budget issues are another factor stopping better regulation of dangerous foreign imports. The Government Accountability Office has found that the FDA will need an additional $56 Million next year alone to conduct more thorough drug inspections abroad. Additionally, the Bush Administration has failed to provide funding for additional FDA personnel in it”s current budget proposal. Without the necessary personnel in place, it is clear better inspections will be difficult, if not impossible to follow through with.

The whole situation is very disturbing and has left a bad taste in the mouths” of American consumers. Locally, people have no way of knowing if heparin has been distributed in New Jersey or Pennsylvania hospitals. They want to know if there is any link between contaminated heparin and the illnesses they have experienced. Even more disturbing is that these people aren”t sure where to go for answers. Most reports about contaminated heparin have been vague at best, and there is really no way of knowing at this point where and when contaminated vials of heparin were administered. The most concrete information released by the FDA is that the contaminant was found in vials manufactured as early as 2006, with the majority of reactions and deaths occurring between November and February of this year.

It”s clear that these reports have been considered unacceptable by injured patients and the lawsuit process has begun for many consumers of the drug. This is true even in the local New Jersey and Pennsylvania area. While it is sad that it has to come to this point, sometimes the litigation process and the monetary judgments against such companies are the only language that these manufacturers seem to understand. Their number one concern seems to be profit, and as long as that remains untouched, they will continue to produce unsafe products for the unsuspecting American public. Until then, people want answers-and if they FDA or heparin manufacturers will not give it to them, they will take matters into their own hands and file suit.

Alternatively, if you suspect that you or a loved one has experienced a bad reaction after taking contaminated heparin, our licensed RN is available to help you and your family determine if there may be a link between your illness and the drug. It”s OK to ask questions and we encourage you to do so–even if you are not sure if Heparin is to blame for your injuries. Our firm has received numerous inquiries from people that just want answers and quite frankly, that”s what we are here for.

Should you have a Heparin related question, we encourage you to call (856) 333-0600 in NJ or (215) 567-2380 in PA or follow the link below to fill out an online case evaluation form:

Medical Malpractice

Baxter Not Expecting ‘Material Litigation’ After Contaminated Heparin Recall

Pharmaceutical giant Baxter announced today that it does not expect any “material” litigation with regards to the contaminated heparin recalls. Although the FDA has received a ton of complaints about death and serious reactions to the drug, Baxter claims that they only know of four possible injuries to date. They also believe it will be difficult to prove a link between the drug and some of the side effects reported by the general public.

I think the report on CNN.com gives a little more insight as to why Baxter is not overly concerned with this issue. CNN reports that:

Despite the high-profile nature of the heparin troubles, the drug is not a major or high profit-margin product for Baxter, which expects a muted financial impact from the recall. On Thursday, when the company reported first-quarter results, it noted $11 million in after-tax charges associated with the heparin recall in the U.S.

All this uproar is just a drop in the bucket to Baxter. No wonder why they are so indifferent to the fact that a drug, which people rely on to prevent clotting, is contaminated with a foreign substance that makes people sick. With this mentality, why in the world would drug companies want to change up the regulation standards when they only experience a “muted financial impact” from a national recall? It”s so much easier to just sell the bad drug, make money and apologize later. And I guess that”s the course of action that they are gonna take on this one too. Very scary.

Free Legal Advice: Medical Malpractice

Do People File Frivolous Medical Malpractice Suits To Get "Time and Attention" From Their Doctor?

What is the real reason behind the medical malpractice crisis in this country? Could it be medical malpractice victims and “unethical lawyers” who file lawsuits solely for “time and attention” from the physician? Apparently, that”s what some doctors think.

Example number one is this quote from the doctor at Brain Blogger:

Studies have shown that patients who ultimately file a lawsuit are looking for something from the physician. Usually it is time and attention and not money. Unfortunately, money typically is the solution when it gets to that point. Unfortunately, given that the system is set up so that physicians settle out of court, the physician can be penalized by frivolous claims.

Wow-that”s a new one. Let me see if I have this straight. A person who is now unable to work and permanently disabled after a bad doctor makes a careless mistake is only bringing a lawsuit because they want the doctor”s “time and attention?”

Where is the research to support this conclusion? Has he actually talked to patients who have been victims of malpractice? Has he spoken to a young mother is permanently disfigure because a bad doctor misread her mammogram?

Here”s another doctor quote to add to the mix. The doctors over at Physician Entrepreneurs are encouraging all physicians to “band together” against frivolous medical malpractice suits. Here is the main argument from the post:

Doctors who have had enough with frivolous lawsuits have banded together to analyze frivolous lawsuits and take action to discourage unethical lawyers, their paid “experts”, and others from participating in future lawsuits .Medical Justice, launched in 2002 is a membership-based organization designed to complement tort reform and head off frivolous lawsuits.
The service started by a neurosurgeon and attorney has two important components. First, they look at the quality of the so-called expert-witness testimony..

These doctors have started a whole organization to stop “frivolous lawsuits” brought by “unethical lawyers.” Sounds pretty noble right? Not when you stop to look at the facts.

What benefit does a lawyer get for filing a frivolous lawsuit? Number one, there are sanctions and penalties against such actions. Number two (and most importantly), it would make no economic sense whatsoever for a lawyer to file a frivolous medical malpractice lawsuit. Malpractice lawyers work for free – which means that they do not get paid unless they win. Therefore, the cost of experts, research, medical records, etc. is financed personally by the attorney. If they lose or the case is thrown out, the only person that takes a hit is the lawyer. Why then would any business person in their right mind waste resources on a case that has no merit. Here, at MinFirm we screen out and reject about 100 cases for each one we take. Each case is screened by a lawyer, a nurse and a doctor before it ever gets to court.

Like MinFirm, most malpractice attorneys are very selective in the cases that they take. Lawyers may have a reputation for a lot of things, but they are definitely not stupid. And in my opinion, putting out thousands of dollars to bring a frivolous lawsuit is stupid.

It”s even more stupid to suggest that victims of malpractice bring suits for “time and attention” from their doctor. I”m pretty confident that people can find a more constructive way to make friends and get attention than submitting themselves to scrutiny by defense lawyers hired by billion dollar insurance companies.

Sounds to me like these “doctors” are really just the mouth pieces for the insurance industry lobbyist. The majority of good caring doctors believe that patients are entitled to be fairly compensated for injuries by bad doctors. The insurance industry efforts would be better spent “banding together” measures to implement safety procedures and standards to stop incidents of medical malpractice and weeding out doctors that carelessly hurt people.

For further information on medical malpractice lawsuits in New Jersey or Pennsylvania, click on the following link:
Medical Malpractice Lawyer In NJ

Dennis Quaid Takes on Medical Errors & Baxter Heparin

In addition to facing lawsuits for contaminated heparin, pharmaceutical giant Baxter, is now facing a lawsuit from actor Dennis Quaid after his newborn babies almost died from a fatal heparin overdose. Apparently, a labeling mistake was to blame for a nurse injecting his twins with full-on heparin instead of Baxter’s Hep-Lock (which is a weaker form of the blood-thinning drug). And although Baxter changed the confusing labels after they were linked to other mix-ups and the death of three infants, the company did not recall the existing vials that were still being used in maternity wards across the US.

Baxter, however, continues to blame the staff at Cedars-Sinai Medical Center for the error. Debra Bello, a senior director at Baxter, told reporters for CBS that the hospital bears full responsibility for the incident “because the product was safe and effective, and the errors, as the hospital has acknowledged, were preventable and due to failures in their system.”

I probably would buy that excuse if it weren’t for the fact that Baxter redesigned the label prior to this incident for the very reason that mix-ups were occurring. Obviously, they knew that the similarities in the labels were causing major problems, yet they failed to issue a recall to take the drug off the shelves. Not too smart in my opinion- and now they have to deal with a lawsuit from Dennis Quaid and all the negative publicity that comes with it.

In other Dennis Quaid news, the actor has also decided to tackle the medical malpractice crisis by setting up a foundation to fund efforts to reduce medical errors. “We all have this inherent thing that we trust doctors and nurses, that they know what they”re doing. This mistake occurred right under our noses…the nurse didn”t bother to look at the dosage on the bottle,” Quaid told CBS. “It was avoidable, completely avoidable.”

It’s really sad when Dennis Quaid can see there is a problem in the medical community, yet our trusted lawmakers and officials do not. If they did, they would silence the cries for tort reform legislation and tell the doctors to deal with the problems by cleaning up their act. Maybe once a politician falls victim to medical malpractice, Washington will be singing a different song.

For further information on the recent heparin deaths or medical malpractice, click on the following link:

New Jersey Medical Malpractice Attorney

How Can I Find Out If My Doctor Has Been Involved in a Medical Malpractice Lawsuit?

I stumbled across an interesting website this morning- you can check it out at HealthGrades.com. HealthGrades.com is a basically a watchdog site where you can look up information on any doctor, including whether or not he/she has any malpractice settlements in California, Connecticut, Florida, Georgia, Idaho, Indiana, Maryland, Massachusetts, New Jersey, New York, North Dakota, Oregon, Tennessee, Texas, Vermont, Virginia or West Virginia.

In addition to doctor reports, the site also gives patient safety ratings on local hospitals and nursing homes. I actually experimented with the nursing home feature to see what kind of information was returned. Surprisingly, their reports were very comprehensive and provided a lot of useful information for those looking for a quality nursing home facility.

And while the nursing home information that I pulled up was free, the medical malpractice search was not. The site charged a fee of $7.95 for a one-time malpractice settlement search and then an additional $4.95 for a monthly doctor update. For those who remain undeterred by the initial fees, here”s what the national media has to say about the site:

Find the Best Doc – Rating Systems for Doctors

Aren”t there already Web sites out there that provide these types of ratings? Couldn”t I look you up on the Internet and try to find out more about you, Dr. Gupta?

Yes, you could and people have already done that… There is a Web site HealthGrades that you can do that sort of thing. You go on there and type in your doctor”s name to get a report. Some of these reports have a fee where you actually pay for them but some of them are free. You look up the types of procedures the person does and there is patient feedback
– CNN News, January 8, 2008

Rating Your Doctor

Word of mouth has always played a big role in medicine. A doctor”s reputation is constantly being shaped by conversations among current and potential patients…

Online services like HealthGrades.com already analyze public and private records on physicians, hospitals and nursing homes, providing a more detached look at how well they perform…”
– TIME Magazine, January 4, 2008

Free Legal Advice: Medical Malpractice

Does PA’s Decline In Medical Malpractice Suits Confirm The Need For Tort Reform?

Short answer- absolutely not. Although supporters of tort reform are rallying behind recent reports that medical malpractice suits in Pennsylvania have declined after the implementation of stricter court requirements to weed out frivolous lawsuits, it seems to me that the actual cases of medical malpractice are still shockingly high.

Apparently the number of malpractice suits filed in Pennsylvania fell to 1,617, which is a 4.5 percent decline from 2006. The reason for this decline, according to Chief Justice Ronald D Castille, are stricter court guidelines which require lawyers to have an independent physician or expert verify the credibility of a case before a suit is filed.

OK- so the frivolous lawsuits have been weeded out. But how can you discredit the 1,617 medical malpractice lawsuits in Pennsylvania that did have merit in the eyes of the court? These are people who have been injured, disfigured and even died as a result of a medical mistake. Most victims do not make a full recovery and are often unable to work or unable to provide for their families.

Lets expand these numbers to include medical malpractice suits on a national level. A recent analysis of Medicare patients between 2004-2006 showed that preventable medical mistakes caused 238,337 wrongful deaths, 1.1 million unnecessary injuries and cost Medicare $8.8 billion dollars. The most common mistakes involved bedsores, accidental punctures or lacerations, anesthesia complications, sepsis, infections and surgical mistakes resulting from instruments and foreign objects left in the body. Furthermore, the same report claims that if the doctors involved followed the same prevention steps and procedures required by top-rated hospitals, 37,214 wrongful deaths from medical malpractice would have been avoided.

So lets compare apples for apples and then decide what”s fair. If we allow tort reform, a doctor who makes a fortune already will save some money on his malpractice insurance. On the other hand, a mother of three who was permanently injured after the doctor made a careless mistake can not recover enough money to support her family and live off of should she be unable to work. Forget the lawyers involved. These are real people with real injuries that could have been prevented. If someone slips on your icy sidewalk and gets hurt, your gonna have a lawsuit on your hand because you made the mistake of not shoveling. That”s life. Why shouldn”t doctors be held to the same standard?

I don”t believe this study confirms the need for tort reform-in fact I believe it shows the exact opposite. If stricter rules were implemented and there were still1,617 people who had viable medical malpractice suits, then the problem lies in the medical field. Its time to stop punishing the victims because the filthy rich hospitals and doctors do not want to pay when mistakes happen. What”s fair is to weed out the bad doctors who hurt people. The medical malpractice lawsuits will then naturally drop off without the help of tort reform or the politics behind it.

Hungry? Coffee, Bagel and Salmonella poisoning for breakfast anyone?

The Center for Disease and FDA announced a defective product the recall of two breakfast cereals manufactured by Malt-O-Meal. The cereals “Puffed Rice’ and “Puffed Wheat’ were found to be contaminated by salmonella.

Salmonella is bacteria that can cause diarrheal illness in humans. These microscopic living creatures pass from the feces of people or animals, to other people or other animals. Salmonella has been known to cause illness for over 100 years. People with Salmonella develop diarrhea, fever, and abdominal cramps 12 to 72 hours after infection. Salmonella infection may spread from the intestines to the blood stream, and then to other body sites and can cause death unless the person is treated promptly with antibiotics. The elderly, infants, and those with impaired immune systems are more likely to have a severe illness and other personal injury.

A hard working and serious, American scientist named Salmon, for whom the nasty little microbe is named, discovered the bacterium. Why such a learned man of science would want to give his name to this illness which comes from feces is another story. For more tid bits regarding salmonella click on the CDC website.

The defective products were distributed nationally under the Malt-O-Meal brand name, as well as private labels including Acme, America’s Choice, Food Club, Giant, Pathmark, Shaw’s, ShopRite, Tops and Weis Quality. The cereal bags have “best if used by” dates from April 8, 2008 (coded as APR0808), through March 18, 2009 (coded as MAR1809). If you have purchased such a box, you are advised to throw them out, and retailers have been told to remove the cereals from their shelves.

If you or someone you loved have become ill from salmonella and believe it may have been caused by this cereal, click here for further information. We will continue to post information on the illness , so check back regularly for any new developments.

Chamber of Commerce – True "Blue Blood” Colors

This past week, the Chamber of Commerce tried to kill a proposed New Jersey law that would give employees up to six (6) weeks of paid emergency leave for family emergencies. Under the law, the money for the program would come from employees, not employers. Nevertheless, the Chamber of Commerce opposed the measure because it would create an inconvenience to businesses that may temporarily be without the services of an employee who is home caring for a sick child, spouse or parent. The Chamber’s lobbying efforts come as no surprise, as it has a long history of showing little sympathy for workers, consumers, and accident victims and are huge financial supporters of pro-business and anti-consumer legislation.

For example, the Center for Responsible Politics shows that in 2006 the Chamber of Commerce spent over $72,000,000 lobbying Congress in order to keep ordinary citizens and consumers out of the courthouse, and to prevent juries from deciding cases against big business. The Chamber of Commerce routinely spends millions of dollars and uses slick marketing to impugn trial lawyers by claiming they are responsible for the problems of the health care system while refusing to acknowledge that medical malpractice cases are caused by the few doctors who do not follow safety rules.

Each election, the Chamber funds “tort reform” political candidates (i.e. Rick Santorum) whose only agenda is to protect the interest of big business. Despite campaign finance reforms, big business and insurance companies contribute millions of dollars to organizations like the Chamber of Commerce who then use this cash to support tort reform candidates. In many countries, the giving of cash by lobbyists to candidates would be considered corruption. But in our society today, the practice is legal and called “politics.”

The Chamber of Commerce and insurance company lobbyists will spend billions of dollars to change our court system and pollute the minds of the ordinary citizens who make up our jury pool. They spend cash lobbying for politician to put “Caps” on the amount a jury can give for pain and suffering for victims of negligent doctors, companies that make defective products, pharmaceutical companies that give us defective drugs and chemical companies that pollute our waters. The Chamber insists that $250,000 is enough for a child who was killed by a negligent doctor; $250,000 is enough for a family whose father was killed by a drug company that makes billions of dollars selling defective drugs; and $250,000 is enough for a woman to go through life disfigured because a negligent doctor failed to diagnose breast cancer.

Although the Chamber continues to use clever marketing and lobbyists who push their “pro-business’ message, the lobbying in Trenton shows they are ‘anti-consumer.’ Why would an organization spend its considerable resources trying to kill a plan that would offer New Jersey workers paid leave at their own expense? Because insurance companies and big business pay them millions of dollars to do so. Keep this in mind the next time you see an advertisement sponsored by the Chamber of Commerce.

Click on the following link: Medical Malpractice

Who Is Really To Blame For Contaminated Heparin?

I read an interesting post by a fellow blogger regarding the dangerous Chinese import saga. While I don”t entirely agree with his argument, I think his thoughts are worth re-printing in their entirety:

Ask yourself this question, How important is the health, safety, and well being of my family?

First it is toys from China being recalled because of various safety issues, but more specifically from lead in the paint. Now there is a recall on blood thinner [Heparin] manufactured in China, which is causing deaths in patients.

It is obvious in the Chinese quest for money it is willing to put our health and the health of our children at risk. When will the world community say acquiring cheap goods is not enough and demand quality in those goods? Do you support inhumane and unethical treatment of human beings just so you can by more “stuff”? The Chinese should be scrutinized and held to our safety and health standards.

ABC News reports, FDA Links More Deaths to Blood Thinner:

Heparin is derived from a mucous obtained from pig intestines and other animal tissues, often processed by small, unregistered workshops in China.

FDA determined last month that Baxter”s drug was contaminated with an unnatural chemical during production at a plant in China.

This in part is our own fault. Demanding a bargain, the willingness to look the other way, and greed. The Wal-Mart economic plan (cheap second rate goods), which many of Americans support is jeopardizing our safety and economy. When will your family”s well being become more important than getting a good deal? It is your greed which is driving the Chinese economy?”

Ouch. That”s a bit hard to swallow, yet there is a lot of truth to it. Obviously there is something that is hindering the American public from speaking out against dangerous imports. Could it very well be our desire for cheap “stuff”?

While I believe that may be true with regard to the recent influx of toxic toothpaste, dog food and lead paint toys from China, I think the Heparin recalls fall outside of that box. My personal opinion is that most Americans feel helpless against the pharmaceutical giants (such as Baxter) who practically play puppet master with our politicians. They have an endless amount of resources, a tremendous amount of clout and because of this people just give up and accept whatever they dish out.

I just read an article about the rise in Heparin deaths by journalist Stanley Bing. Sadly, he decided to name his article “More Good News For Lawyers”.. Apparently, what he doesn”t realize is that people depend on trial lawyers for help when things like this happen. It is our job to take on these giants when they unleash their garbage (ex Heparin, Vioxx) on the public. Without the ability to file a lawsuit and affect the only thing that matters to these companies (i.e. their money), nothing will change and the despair will continue.

There needs to be some fear instilled in these drug companies. They need to realize that if they fail to keep the American public safe, there will be consequences. There will be lawsuits filed and they will loose a ton of money. It”s just that simple–and it”s our only hope.

For further information, click on the following links below:

Medical Malpractice Lawsuit Information

The Latest Heparin News: Hillary Speaks Out On Dangerous Chinese Imports

After learning that Heparin from China has been contaiminated with a cheap man made chemical substitute (which has now been linked to 62 deaths and a whole host of other illnesses) Presidential Candidate Hillary Clinton has issued the following press release on her website:

“When it comes to the threat of unsafe drugs from China, the Bush administration is sitting on its hands and rolling the dice with our safety. Heparin is the latest example. Americans have a right to know that their government is taking their health and safety seriously.

With news accounts of a potentially tainted Chinese supply of the blood-thinning drug, heparin, and a new FDA report that the drug has caused hundreds of adverse reactions and 62 deaths, there is an urgent need for the administration to take decisive steps to protect patients from unsafe imported drugs. If George Bush won”t start that process now, I will when I am president.

As I laid out in my import safety agenda, I will require that foreign drug makers produce a certification that they have met American safety standards as a condition of import into the United States, confirmed by independent testing and inspection. I will open permanent FDA oversight offices in at-risk countries like China so that episodes like this one are not repeated. I will require foreign drug makers to accept random, surprise inspections, rather than notifying them in advance – and giving them a chance to clean up their act — as we do now. And I will stiffen civil and criminal penalties for violators.

It is a basic obligation of government to protect its citizens. Americans can count on me as President to protect the food we eat, the toys our children play with and the drugs we take to make us healthy, not sick.”

Its about time someone in Washinton spoke up about the influx of dangerous chinese imports that are hurting American consumers. And while most of us can choose not to buy Chinese toys or Chinese dog food, hospitalized Americans do not have that same freedom. Patients with heart conditions and those on dialysis depend on Heparin to prevent life threatening blood clots. How patheitc is it that these poor people have to worry about getting sick from Heparin because drug manufacturers wanted to save a few bucks. That my friends is greed at its worst.

John R.Mininno, Esq. is a New Jersey and Pennsylvania trial lawyer representing clients in medical malpractice, defective products and other serious injury claims. He also writes about issues concerning patient safety. His offices are in Collingswood, NJ and Philadelphia, PA.
For further information visit our medical malpractice website