Medical Research Continues to Lose Integrity

Senator Charles E. Grassley has raised some serious concern over a recent article published in the Elsevier Medical Journal. The Senator has asked the publisher to investigate an article written on hormone replacement therapy, believing that it was improperly “ghostwritten” by a drug company promoting their products. The article was part of an editor’s choice section in Elsevier’s Journal of Obstetrics and Gynecology.

In an article signed by Dr. John Eden of Australia, Senator Grassley has found unethical promotions lacking scientific evidence. At the heart of the controversy is the drug company Wyeth. Mr. Grassley, a member of the Senate Finance Committee who is investigating drug company influence on doctors, contends that Wyeth commissioned the articles and had them ghostwritten by a medical writing firm. Only after the articles were conceived and under way did the firm line up doctors to put their names on them, Mr. Grassley contends.

Unfortunately, this is not an isolated incident. Drug companies have been forcing their will on medical research results for decades now, and the influence of corporate profit is on the rise. By 2006, Drug companies were spending nearly twice as much on advertising and marketing as they were on the research and testing needed to ensure the safety of a new product.

Mr. Grassley’s investigation shows how results of this corporate policy can be catastrophic. A landmark federal study has linked Wyeth’s Prempro hormone product to breast cancer in women. What does the expert testimony sponsored by Wyeth say about that taxpayer funded study? Dr. Eden’s controversial article states that, “there was no definitive evidence that the [Wyeth] hormones caused breast cancer.”

It seems the Wyeth Corporation and Dr. Eden have forgotten the meaning of the Hippocratic oath.

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Morphine, Dextroamphetamine, and Isosorbide added to the Ethex Recall

The Ethex Corporation has added three new drugs to its list of recently recalled products.  After Ethex discovered that their propafenone tablets were over-sized, it became evident that many other drugs being manufactured by the company were also over-sized. 

Isosorbide

Isosorbide is a drug used principally in the treatment of angina. It works by dilating the blood vessels in order to reduce blood pressure. All of the recalled Isosorbide Mononitrate tablets said they were 60mg on the bottle and were made by the ETHEX Corporation with expiration dates ranging from 12/2008 and 11/2009.

Recalled lot numbers: 63466, 66034, 67351, and 67354

Dextroamphetamine

Dextroamphetamine is a stimulant used to increase energy and decrease appetite.  The recalled Dextroamphetamine Sulfate came in 10mg pills with expiration dates ranging from 6/2009 to 5/2007. All were made by the ETHEX Corporation.

Recalled lot numbers: 73934, 75892, 77945, 81137, 86320.

Amphetamines are very dangerous drugs, especially when taken in excessive doses. If the batch number on your pill bottle matches any of the above recalled Dextroamphetamine batch numbers you should contact your doctor and/or pharmacists immediately.

Morphine

Two strengths of immediate release Morphine Sulfate and one strength of extended release Morphine Sulfate were recalled, all of them tablets made by the ETHEX Corporation. The two recalled Morphine immediate release pills were 15mg and 30mg. The recalled Morphine extended release pills were 15mg.  The recalled tablets come from any of the following lots with expiration dates ranging from 8/2009 to 3/2011.

Recalled Lot Numbers:

15mg Extended Release Morphine – 81175, 82514-16, 89660, 89664, 89667, 90249-51, 91687
15mg Immediate Release Morphine – 77852-54, 81746, 82519-20, 84113, 90276-78
30mg Immediate Release Morphine – 75093, 77855-57, 82297, 82521-22, 87239, 88925, 90288-98

Morphine is a highly potent and addictive drug in the opiate family. Like other opioids, such as heroin, morphine acts on the central nervous system to relieve pain. Morphine is highly addictive. Tolerance, physical and psychological dependence develops very rapidly. Overdosing on Morphine is very dangerous and can result in severe side effects, including death.

 If you or anyone you know is prescribed any of these drugs, please immediately check the manufacturer and lot number on your pill bottle.  Contact your physician immediately.  Even in the case that you don’t think you have a recalled prescription; call your pharmacy and physician to confirm. 

 If you or a family member has been hurt by any of the Ethex Corporation recalled drugs, please contact an attorney immediately.  You may be entitled to compensation. 

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Is Grandma Safe in the Nursing “Home” for the Holidays? Safety violations reported in 94% corporate nursing homes

“More than 90 percent of nursing homes were cited for violations of federal health and safety standards last year, and for-profit homes were more likely to have problems than other types of nursing homes, federal investigators say in a report issued on Monday.” Robert Pear, The New York Times

The Department of Human Health and Services has found nearly 94% of for profit nursing homes, many run by large corporations, have been cited for safety violations.This statistic is appalling, considering the millions dollar profits being made by these nursing homes. For the year 2008, nursing homes charge families $77,380 on average for a room and $36,372 for assisted living rooms.With costs increasingly rising, poor patient care and frequent violations are inexcusable.

If it wasn’t bad enough that these corporate nursing homes drastically overcharge, for the quality of care they provide, they are also supplementing their profits by overcharging taxpayers.Inspector General of the Department of Human Health and Services said he had found some cases in which nursing homes billed Medicare and Medicaid for services that, “were not provided, or were so wholly deficient that they amounted to no care at all.”

The decision to place a member of your family in a nursing home or assisted living is difficult, but often necessary.If you currently have a family member in assisted living or a nursing home, please make sure that someone you trusts checks them regularly to ensure that the home is providing proper care.Never hesitate to ask the staff any question, and always bring up any concern you have.Write down the names of the individuals with whom you speak.Do not let nursing home staffs tell you that you are worrying too much.When it comes to the care of your family, you can never be cautious enough. Finally, remember that neglect and abuse has many signs, some of which can be hard to immediately detect.Every time you visit your family member, be sure to always check the following by talking to the staff, and making your own observations: 1. be sure that there are no signs of bruising on your family member from possible abuse, 2. make sure that they are receiving the proper and necessary medication and nutrition, 3, makes sure that the staff is frequently monitoring that there are no bed or pressure sores developing, and 4. make sure that nursing home staff is capable of responding immediately to an emergency situation.

If you suspect abuse, you can report it to the local regulatory authorities:

In Pennsylvania you can go to the Office of Aging website

http://www.aging.state.pa.us/aging/site/default.asp

In New Jersey, contact the Adult Protective Services

http://www.state.nj.us/health/senior/aps.shtml

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Are your tires expired? The following information may save your life.

Aged tires have been linked to hundreds of vehicle deaths across the country.

You may be thinking, “My tires are brand new…this doesn’t apply to me.”

Unfortunately, that may not be the case.  Those “brand new” tires may have sat on the shelf for up to 10 years before they were put on your car.

However, for each year a tire sits on a shelf, it becomes less elastic and prone to tread separation on the road.  Tire experts claim that any tire over six years of age is expired and should not be sold to consumers. I always recommend these winter tires reviewed by carbibles. They are great.

A recent ABC investigative report shows the seriousness of this issue.  Major tire retailers such as Sears were caught selling tires up to 15 years old.  When questioned on the dangers of these tires, investigative reporters were assured they were safe and sent on their way.

This same report shows a professional driver attempting to control a vehicle with old tires after the tread separates from the wheel.  Not surprisingly, this condition resulted in a crash every single time.

Clearly, your “brand new” tires may be an accident waiting to happen.

How to Check the Age of a Tire Manufactured after 2000


To find the age of a tire made before the year 2000, you must first locate the “DOT” number on the sidewall.


In this picture, the last 4 digits represent the week the car was manufactured and the year.  So in this case, the last two digits are 00, which means the tire was manufactured in the year 2000.

How to Check the Age of a Tire Manufactured Before 2000
In the case of a tire manufactured before the year 2000, you will find only 3 digits at the end of the DOT number.  These three digets stand for the week and year that the tire was made.

In this case, the tire was made on the 40th week of the year 1998.

These numbers will only apply to the years 1990-1999, as tire age regulations did not exist before this time.
I was sold expired tires as new.  What should I do?

First and foremost, if your tires are still intact, I would ask the store to replace them as soon as possible.  Driving on these tires can be deadly and immediate action must be taken.

However, if you or a loved one has been injured as a result of aged tires, you may have a case against the manufacturer.  For further information or a free legal consultation, call (856) 833-0600 in NJ or (215) 567-2380 in PA.  You can also fill out the form on the left side of the page for immediate help.

Gender-bias doctors commonly misdiagnose ‘emotional’ women

“Its all in your head”

How many women have ever been told by a doctor “the pain is in your head,” or “you’re just over-reacting” in response to their medical complaints? What about the thousands of women who are on anti-depressants for a problem unrelated to their current visit, yet the doctor permanently writes them off as “hysterical” or “emotional,” and links every health problem to mental illness? 

Apparently, gender inequalities in medicine are extremely common. Millions of women have been denied proper medical care because their doctor will not take them seriously.  They erroneously conclude that weird symptoms or pain are simply the result depression, hormones, stress or a way to get attention without running additional tests to confirm their diagnosis.  Its no wonder that medical malpractice suits are on the rise.

My personal experience as a “hysterical woman”

I have dealt with panic disorder for most of my life.  For years, I suffered silently because I did not want to be labeled a hypochondriac by my doctors.  However, my OB/GYN suggested that I take anti-anxiety medicine for the first time in my life after the birth of my son in December.  They explained that my hormones would be a little whacko for a while and it would help me deal with the anxiety and stress that naturally comes with motherhood.

During labor, I was torn by the baby and suffered a painful, 4th degree tear.  As my epidural wore off, I was in excruciating pain—to the point I couldn’t even stand to lie in the bed.  It got so bad that I began to cry and paged the nurse for help.

To my surprise, the nurse walked in the room, gave me a condescending look and told me that I was over-reacting and having a panic attack.  She suggested that I get over it or she would red flag me for post-partum depression, and further implied that I would be labeled unfit to take the baby home.   Any mother knows what a big mistake that was.  My post-partum daggers came out and I had to put her in her place. I finally got a new nurse that took me seriously and saw that I was swelling very badly and needed immediate care.

The consequences of gender-bias

My experience as a paralegal at a medical malpractice firm has further exposed me to the blatant disregard that doctors show “emotional” women.  Unfortunately, these women blindly accept any diagnosis that the doctor shoots off, because after all, they aren’t the one with the “M.D.” after their name.  CNN recently featured a story on the “5 Mistakes Women Make At The Doctors Office.”  One of these mistakes was the fact that women do not recognize gender bias and allow doctors to brush off their complaints at the expense of their health.  As a result, they surpress that inner voice telling them that something is not right and they need to get help.

Sadly, by the time these women convince their doctor to refer them to a specialist or get a second opinion, a good majority have found out they were in the last stages of cancer or have experienced permanent injuries that may could have been avoided if treated at an earlier stage.  Now sick, unemployed and nowhere to turn, these women have no choice but to file a malpractice suit and pray that a jury will award them enough money to make ends meat.

So what are we doing wrong ladies?  What are we doing to loose the respect and compassion that we deserve from our doctors?  Do we bother them when we come in with our WebMD print outs on the various diseases that match the symptoms that we see in our children or that we are experiencing ourselves?  Does that fact that we tend to cry when describing our pain cause the doctor to assume we’re just depressed?  Does a chart that shows that we have taken anti-depressants or pain medication for the past few months indicate that our problems must be psychosomatic and we are wasting our doctors time?

Sarcasm aside, gender bias in medicine is a real threat to women everywhere.  I can only suggest that any woman who is currently using a doctor that cuts them off, underestimates their complaints or flat out denies further treatment when you are clearly in pain needs to switch providers immediately.

How to find a doctor that respects you and your body

In choosing a new provider, pay attention to how seriously your complaints are taken by the receptionist and the medical staff that works in the office.  When choosing a doctor, you should review their medical credentials, but also take note of their bedside manner.  If you do not feel comfortable talking to the doctor openly, you are in the wrong place.  Good qualities to look for in a doctor is whether he/she explains to you what they are doing during an exam, whether they encourage questions and dialogue about your symptoms or diagnosis, and whether or not they get angry or offended if you ask to be seen by a specialist.

Bottom line, a women’s instinct does not lie.  You know your child or your body better than anyone else.  If something just doesn’t seem right, chance are its not and you should get a second opinion.  A wasted trip to the doctor is better than a delayed cancer diagnosis or even death.  Remember you are one of hundreds of patients at the doctor’s office.  It’s up to you to be your own “patient advocate” and ensure you are given the respect and care that you deserve.

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No Heart at Wal-Mart: Congrats America For Fighting Corporate Greed

We as individuals often feel powerless against corporate America. Big business calls the shots and the little guy is left to cope with the fallout. However, this week’s controversy surrounding the Wal-Mart healthcare recovery suit proves that the American people can still make a difference if they will just speak up and use their voice. The following story is just one example of how the American people stepped in to save a family when corporate America and the Courts would not.

Wal-Mart, the corporate retail giant started by billionaire Sam Walton, lets nothing stop its pursuit of profit. It pays its U.S. workers an annual salary below the poverty line to keep its shelves stocked full of cheap, Chinese made products. It uses Chinese manufacturers who employ (7) seven Chinese children per day just to save on the cost of hiring one U.S. union worker per hour. It keeps importation costs lower by paying millions to lobbyists to block reforms recommended by the 9/11 Commission that would increase inspections of containers arriving at our nation’s ports. And, if one of its’ workers uses the company’s health insurance benefits to pay medical costs from an injury, Wal-Mart files a lawsuit against that worker to recoup the medical benefits received by its employee even though the worker paid the insurance premium for the policy.

The evil side of Wal-Mart became apparent to the family of former Wal-Mart employee Deborah Shank over the past few weeks. For many years, 52-year-old Deborah Shank earned minimum wage stocking Wal-Mart’s shelves at night while her husband and (3) three sons slept. In May of 2000, an 18-wheeler tractor-trailer owned by a large corporation crashed into her while she was driving her minivan. She suffered brain damage, lost most of her memory, and the ability to communicate or walk. Her family hired a trial lawyer who sued the tractor-trailer company for causing her injuries. The trucking company’s insurance carrier fought the claim and a jury award was limited to $700,000 for her pain, suffering and her loss of the ability to walk and communicate. After attorney’s fees and costs, $417,477 was placed in a trust to provide for Deborah’s daily needs resulting from her catastrophic injuries.

Immediately after Deborah received her settlement, Wal-Mart sued her family to recover the medical costs, which were paid by her Wal-Mart health insurance policy. As if the lawsuit was not bad enough for the Shank family, one of Deborah’s three (3) sons was killed in Iraq while serving in the United States Army. Instead of backing off and allowing the family to move on with their life and loss, Wal-Mart was undeterred and continued its suit against Deborah to recover the healthcare costs. While her own lawyer defended her against the suit, the family sank deeper into debt and Deborah became dependent on Medicaid and Social Security for a lifetime of medical care. Out of desparation, her trial lawyers and friends held fundraisers to raise money for the family who was now struggling just to get by.

After an unfortunate turn of events, a Bush appointed federal judge ruled in favor of Wal-Mart. (Wal-Mart chose not to present its case to a jury of Deborah’s peers). With nowhere left to turn, the Shank family was forced to pay Wal-Mart for the money that her health insurance put out for her care. Fortunately, just as Wal-Mart was attempting to collect the money from Deborah’s medical trust, both CNN and NBC broadcast the story of Wal-Mart’s conduct. The public outrage was apparent as bloggers and average people took to their computers and expressed their disgust with the company. Within days, the Wal-Mart PR machine went to work. Televisions ads were bought and interviews were held justifying Wal-Mart’s conduct. Wal-Mart then announced that it would not seek any further reimbursement from Deborah’s family.

First a trucking company and its’ negligent tractor-trailer driver took Deborah’s mind and broke her body. Then Wal-Mart, which earns more than $10 billion every year, tried to grab the money a jury awarded her for her injuries. Thankfully, the story does not end there. The Shank family was helped by “the little guy”- just average every day people who are also trying to get by. Her trial lawyer took on a large trucking company while the American people and media took on Wal-Mart for its greedy and selfish attempt to take Deborah’s settlement.

The moral of the story is that corporate America can be stopped if we will all speak up and use our voice. We must all support our local media outlets and trial lawyers that are taking risks and going against large industries with significant resources. And while old fashion letter writing never goes out of style, get online and blog for a quicker and more effective way to get the message across. Corporate America depends on us, the consumers, to keep them rich and powerful as we buy their goods and services. So lets learn how to use that as leverage to stand up for ourselves and our fellow citizens (such as the Shank family) against corporate bullying and greed.

Mininno Law Office