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.

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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.
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Heparin Deaths Jump From 19 to 62 According to FDA

The FDA announced this week that 62 deaths have now been linked to the blood-thinning drug, Heparin. This new estimate is almost triple the 19 fatalities reported last month. The drug, which is generally used in patients with heart problems and those undergoing surgery, is believed to be contaminated with man-made oversulfated chondroitin.

This contaminant is said to mimic chondroitin sulfate, which is a naturally occurring substance derived from animal cartilage and used to treat arthritis. While the FDA is still investigating the matter, it appears that the tainted animal cartilage containing oversulfated chondroitin has come from unregulated mom and pop pig farms in China.

I hope people are finally starting to notice a trend here. Chinese manufacturers have been the common denominator in the recent influx of dangerous imports, including contaminated toothpaste, dog food, and lead paint toys. Even more frightening, however, is the fact that the FDA will not completely recall the batches of contaminated Heparin out of fear the hospitals will experience a shortage. Based on that fact, I don’t see this issue going away anytime soon- especially if the FDA continues to allow Chinese manufacturers to operate below the regulation standards imposed in the U.S.

We will continue to post information on the Heparin recalls as they occur, so check back regularly for any new developments.

Mininno Law Office

Health Alert– Botox Injections for Neurological Injuries Causing Death and Serious Illness in Patients

On February 8, 2008, the US Food and Drug Administration issued a safety alert regarding the use of Botox injections for neurological injuries. Prior to this date, the FDA had received reports for patients who have had severe respiratory side effects following the use of botulinum toxins type A and B. These reactions are believed to occur when the botulinum toxins spread in the body beyond the site where it is injected. The most serious cases associated with these injections resulted in hospitalization and even death in children treated for cerebral palsy associated limb difficulties. It is also worthwhile to note that this injection treatment has not been approved by the US Food and Drug Administration for children or adults.

Although not approved, doctors have recently experimented with using botox injections in patients with neurological injuries. In this treatment, doctors inject small amounts of Botox into areas of the neck which purportedly relieves pain for up to 120 days before it wears off. Unfortunately, because the technique and treatment is poorly understood, some patients have had muscle paralysis to the esophagus. As a result, these patients are unable to swallow, nor function properly as fluid and food is aspirated into the lungs. Tragically, as of February, 16 deaths have occurred and 658 reports of injuries have been associated with Botox injections.

And while Botox is receiving a lot of negative attention in the United States, Europe continues to permit Botox to be used for this treatment. However, the Europeans require a specific warning before use that the treatment can result in long-standing muscle weakness or paralysis–especially among children.

Fortunately, The FDA continues to monitor and study this issue. However, for those who have suffered an adverse event related to Botox, I highly recommend that they complete the form online posted on the FDA”s website.

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What Makes Fish Swim Weirdly And Not Eat? PROZAC IN THE WATER! A NJ & PA Study of Pharmaceutical Drugs in the Drinking Water.

Philadelphia and New Jersey made national headlines last month as scientists questioned whether the vast amount of pharmaceutical drugs found in our water supply could have long term effects on health and wellness. Now, new studies show “abnormal behavior” in human cells and wildlife after exposure to the same prescription drugs that we are consuming on a daily basis.

Locally, Philadelphia was found to have 56 different pharmaceutical contaminants (including medicine for pain, epilepsy, heart problems and mental illness), while water supplies in North Jersey were found to have significant amounts of metabolized angina medicine and psychiatric drugs.

Researchers believe the drugs entered the water supply through human waste. Apparently, when people take prescription drugs, whatever is not absorbed by the body is naturally eliminated and flushed down the toilet. And, although water is treated before public use, most treatments fail to completely remove pharmaceutical drug residue.

While health officials continue to insist that the amount of prescription drugs found in public water supplies are too small to have a therapeutic effect; they do not, however, dismiss the fact that frequent consumption of contaminated water can have long term health effects. EPA administrator, Benjamin Grumbles says that the situation is a “growing concern” and that they are taking these findings “very seriously.”

Furthermore, while it is too early to track the long-term effects of pharmaceutical contaminants in drinking water, scientists have

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 our medical malpractice and injury website.

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

Is There Anyone Out There Testing Prescription Drugs BEFORE They Hurt People?

Drug manufacturer B. Braun Medical Inc. was forced to recall the blood thinning drug Heparin this week after reports surfaced that the Chinese import may be contaminated. This is the second manufacturing company in the past two months to recall the widely used blood thinner. Manufacturer Baxter International temporarily recalled the drug last month after patients complained of severe allergic reactions, including difficulty breathing and extreme drops in blood pressure, which can lead to “life threatening shock’. Four people have also died after the administration of Heparin, although the relationship between the drug and the contaminated vials has yet to be determined.

While Heparin is generally made of pig intestines and animal tissue, the recalled products were found to contain oversulfated chondroitin sulfate, a man made chemical that is not normally found in the drug’s chemistry. I find it also very coincidental that these contaminated drugs were imported from China-the same country that has recently brought us toxic toys and contaminated dog food. What’s more disturbing is that financial reports show that Chinese companies who manufacturer the drug have experienced a 13.7 % sales increase this year alone, thus earning a whopping $57.8 million in the first half of 2007.

With profits such as those mentioned above, I would venture to say that the Chinese manufacturers will not be cleaning up their act any time soon. Unfortunately, this seems to be a growing trend with pharmaceutical giants and drug manufacturers. It’s easier to sell the drug first, make an insane amount of money and then apologize later when people start to die or get sick. It appears that no amount of bad PR or medical malpractice suits will scare these companies into operating any differently. They will simply pay for the damages and create another drug for the doctors to release on the unsuspecting public. After all, our doctors have our best interest at heart when they prescribe these drugs…right? I’m not so convinced.

Free Legal Advice: Medical Malpractice

"Arrogance, Abuse, Fraud and Medical Malpractice: How Some Physicians Beg for Lawsuits"

I read an interesting article today by MC Kean entitled “Arrogance, Abuse, Fraud and Medical Malpractice: How Some Physicians Beg For Lawsuits.” Kean basically turns the table on doctors who are portraying medical malpractice victims as “sue happy” and exposes the real greed fueling medical malpractice suits which lies within the medical community itself.

Keen states, “Physicians and mass media often depict patients and their lawyers who file lawsuits against doctors as greedy, money-grubbing opportunist. 1 It turns out this is more projection than reality. A 1990 study by Harvard researchers of 31,000 medical records subjected to evaluation by practicing doctors and nurses, “found that doctors were injuring one out of every 25 patients (latter studies put that figure closer to one out of every seven patients), and that only 4 percent of these injured patients sued.” 2 Another Harvard study of 1,452 malpractice lawsuits found that more than 90 percent of the claims evidence supported medical injury and 25 percent of the time the patient died, 60% of these injuries resulted from physician wrongdoing. The study also found when “baseless” malpractice suits were brought they were “efficiently thrown out.” Only 145 of 515 patients suffering injury, but where physician fault was unclear received compensation. On the other hand, 236 cases were thrown out of court despite evidence of injury and physician error.”

Keen then outlines some of the ways in which doctors and hospitals profit from medical malpractice. I have summarized them as follows:

  • Kickback Driven Medicine- Doctors will prescribe medication and implant medical devices that are either inappropriate for that patient or ineffective for the sake of money. Keen found that “in one study one third of the doctors interviewed, “admitted they would order unnecessary MRI scans and 25% referred patients to an imaging center where they had a financial interest”.”
  • Promoting Unnecessary Surgeries- Doctors will often fail to disclose alternate or less radical form of treatment, even when they know the alternate treatment is a safer choice.
  • Bait and Switch- This refers to a doctor switch during surgery. A person will take their time to choose a surgeon based on bedside manner, qualifications, etc., only to find out that a resident or less qualified doctor actually preformed the surgery while they were under anesthesia. The original surgeon then moves on to a higher paying client while the resident who is on salary operates on you with no supervision. Consequently, the surgeon is paid for two major surgeries while only performing one.
  • Unnecessary Procedures and Exams for the Sake of Training- Unnecessary procedures are not only ordered for patients, but they are prolonged for the sake of training. Multiple students will take turns practicing the same procedure on a sedated patient. Keen states that “informed patients while often willing to accept one or two trainees, are less likely, for example, to consent to their pelvic or anus being penetrated multiple times by multiple people. This gang bang approach to teaching is very abusive”.
  • Physicians Will Lie- Keen points out that “doctors are often arrogant and indifferent to the very concept of informed consent. Physicians patronizingly claim to know what is best for patients, while they fail to listen or respond to expressed needs, violate patients expressed will, and even do things to patients they would not allow be done to themselves”. He claims that doctors will do as they please and lie about it if it becomes a problem.
  • Physicians Target the Poor – Because of their lower income level and at times lower IQ, Keen claims “physicians target the poor, mentally disabled, and seriously ill patients who are heavily dependent upon the medical access they receive, as they are less likely to file lawsuits”

Among Keen”s many suggestions to combat some of the issues listed above ( such as being skeptical of any doctor who tries to coerce you into taking medication, undergoing several MRI”s etc.), I think the best suggestion he offers is the following:

“When you find a doctor has abused you; let the rest of us know. Post flyers, post adds, get the word out about that doctor. Start an Abusive Doctor boycott list web site in your area. As we boycott those physicians and seek care with more ethical practitioners incentives may shift a bit.”

It is so important for patients to speak out regarding medical malpractice. Doctors and hospitals have the financial backing to silence the few outspoken critics who attempt to rally congress against malpractice lawsuit caps and tort reform. With enough public outcry and bad PR for those doctors and hospitals that injure patients, change will slowly start to take place.

Admittedly, doctors are human and mistakes will happen even under the strictest regulations and safety procedures. However, it”s the careless errors that we can prevent by drawing attention to these problems. Public outcry will weed out the doctors who continue to abuse patients for the sake of money or those who continue to injure patients because they know they can get away with it.

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Merck Engaging In Consumer Fraud? Lead Investigator Accusing Company of Hiding Info About Inffective Drug Zetia

This past July, the leading drug investigator hired by Merck, Dr. John J.P. Kasteline accused pharmaceutical company of deliberately delaying the release of a drug trial in order to “hide something.” Although, the company was aware nearly two (2) years ago that its leading cholesterol drug, Zetia, showed no improvement over other drugs, Merck delayed publishing these results for nearly two (2) years. During that time, Merck continued to reap billions of dollars in profits from the drug that had been proven ineffective.

The investigator, Dr. Kasteline, was privately furious with Merck for the repeated delays and even threatened to resign. Not surprisingly, Merck has denied any wrong doing. Attempts by the New York Times to reach Dr. Kasteline have been unsuccessful.

Merck is the same pharmaceutical company that brought Vioxx to the market. Vioxx was later the subject of a class action law suit when Merck revealed that its own studies showed that the pain killer doubled the risk of heart attacks. After several jury trials found the company liable (and awarded substantial damages) the company agreed to compensate people whose heart attacks were linked to the drug. Pharmaceutical and drug injury lawyers are watching this latest revelation very carefully.

If it can be shown that Merck has engaged in deceptive and fraudulent practices, it may very well be the target or additional lawsuits under the New Jersey Consumer Fraud Act and other common law fraud claims.

Free Legal Advice: Medical Malpractice

The Latest Case of Medical Malpractice– Doctors Remove Man’s Healthy Kidney by Mistake

The latest victim of wrong site surgery is a Minnesota man who underwent surgery to remove his cancerous kidney (read news story) The surgery seemed to go well- the kidney was successfully removed and on its way to the pathology lab. As the pathologists began testing the kidney, they realized it was cancer free. Was this a miracle? Unfortunately not.

The surgeon evidently removed the wrong kidney during surgery. Reports suggest that the kidneys were marked wrong in the patient’s chart and the doctors did not perform any additional diagnostic testing to verify the information was correct before they began.

The hospital has taken responsibility for the error and the surgeon is no longer working with patients at this time. The hospital will now also require diagnostic testing before all surgical procedures to ensure this kind of mistake does not happen again.

But what about the thousands of other hospitals across the US who do not perform diagnostic testing before a surgical procedure? Doctors and hospitals spend countless hours and millions of dollars lobbying congress for medical malpractice lawsuit caps. If they would just put the same amount of effort into patient safety programs and training, medical malpractice cases would naturally decrease. It doesn’t take a brain surgeon to figure that out.

In the meantime, it is important for patients to stay on top of their own medical health. The operating room is a very chaotic place where a chart or patient mix up can easily happen. Before any surgical procedure, I would highly recommend that you take a big black marker and physically mark the area to be operated on. I would then point this area out to the doctor and make sure the chart reflects the same. If the doctor is not willing to discuss this with you, that should be a clear indication that patient safety is obviously not a priority.

More information on how to prevent surgical errors and wrong site surgery.