Mininno Law Blog: Personal Injury, Medical Malpractice, Criminal Defense

Surge in Reported Crib Dangers Call for Increased Regulation

John McClure — Wed, 19 Nov 2008 07:31:09 PST

Recent surges in federal recalls of defective cribs have renewed the discussion of crib and child product safety standards.

"Less than a month ago, the federal government recalled nearly 1.6 million cribs sold by the Delta Corporation - the world"s largest distributor of baby beds. But parents who asked Delta Enterprise for a kit to fix the cribs" hazardous drop rails may have a false sense of confidence, according to a Tribune investigation. Government documents reviewed by the newspaper reveal at least 19 instances of an entirely different hazard on the Delta cribs-mattress platforms that drop and create a gap that can entrap and strangle babies." -Patricia Callahan, The Chicago Tribune

As the causes of reported infant injuries from crib accidents continue to mount, it becomes increasingly clear that regulators are not facing a singular design flaw, but an industry wide safety problem. One recent industrial trend has become evident: Baby beds are now made almost exclusively in overseas factories in and mills where construction standards and labor laws are frequently ignored. The product is packaged overseas in a manner to reduce shipping costs to a minimum and then shipped to huge US retailers. These retailers do not inspect the products for safety. Instead, they put them on shelves to be sold to unsuspecting parents who have little information on whether the crib is safe. Finally, these parents must then assemble multiple parts (big and small) while trying to follow complicated and inadequate assembly instructions.
The latest such defective product was imported by the Delta Corporation. Although Delta Corporation earns millions selling infant cribs, they have ignored the concerns of parents who have purchased their products. Customers of the Delta Crib Corporation have reported a general lack of concern to solve the problem when they have called to report crib accidents. In fact, the Consumer Product Safety Commission has publicly reported and that, "...Delta employees seemed indifferent when they reported the problems." Other parents have been told by Delta that the company is, "...aware of prior incidents and that assembly instructions were faulty." (Callahan) Despite having knowledge of this problem and earning millions in profits, the Delta Corporation has yet to take any action to remedy these multiple hazards.

If you are expecting a new child, you can take several steps to keep your baby safe. Please remember to research all cribs you are considering purchasing. Please also research any crib that you are currently using. Check to determine where the crib was actually manufactured and whether it has been inspected by any recognized safety organizations such as The Juvenile Product Manufacturers Association. Check parenting magazines for reviews of cribs. Finally, remember that the simpler the crib, the better. Remember to perform safety checks to ensure that: 1) all screws and bolts are tight, 2) all moving parts and exposed angles are safe, and, 3) the mattress and supports are properly aligned and positioned.

For more information on Crib Safety, including recommendations and safety tips, please visit American The Association of Pediatrics Crib Information Site.

Prescription drug Singular linked to suicide and behavioral changes

John Mininno — Tue, 11 Nov 2008 10:49:22 PST

Pharmaceutical giant, Merck, has come under investigation yet again- this time concerning the asthma and allegory drug Singular. The Federal Drug Administration (FDA) announced on March 27th that it will be working with Merck to determine if there is link between Merck"s asthma and allergy drug, Singular, and suicide. Singular is marketed as a drug used to treat asthma and the symptoms associated with allergies such as sneezing, runny nose and itching of nose. The drug is also known to be used to prevent exercise induced asthma.

The FDA was moved to begin the investigation after receiving numerous reports of mood and behavior changes, suicidal thinking and actual cases of suicide that were reported in several patients who took the drug.

Located in Whitehouse, New Jersey, Merck is the same the pharmaceutical company who brought the drug Vioxx to the public. Vioxx was removed from shelves after the company admitted that the medication was linked to heart attacks and strokes in thousands of people. This past summer, Merck agreed to pay 4.8 billion in settlements for patients who had documented injuries linked to the drug.

Ironically, this settlement seemed to be a bargain to Merck as Vioxx accounted for 2.5 billion of Merck"s 2003 profits and many billions of dollars over the life of the drug. Merck was forced to pull the Vioxx off the market in 2004 after its own studies showed that the pain killer doubled the risk of heart attack when taken for at least 18 months.

Similarly, the drug Singular, has accounted for 4.3 billion dollars of Merck"s sales last year. The FDA has asked the company to do a deeper analysis into its data and disclose any possible links to suicide. Merck"s officials have agreed to cooperate in the investigation.

In the meantime, patients that are currently using Singular should monitor and document any unfavorable side effects associated with its usage. In addition, if you are a patient currently experiencing suicidal thoughts or behavioral changes, contact your doctor immediately to discuss alternative treatment options.

US SUPREME COURT FAILS TO CURTIAL IRS WHISTLEBLOWER CLAIM

John Mininno — Tue, 6 May 2008 13:14:16 PST

This past April, the United States Supreme Court announced its decision that it would not review the case of Murphy v. IRS. Consequently, the IRS can continue to tax damages awarded to victims of whistleblower retaliation and other civil rights violations -- even though such damages are not income. Under previous law, whistleblowers that were awarded significant compensation received those funds "tax free'. This law was consistent with earlier court decisions, which stated that compensation for whistleblowers was not income and, therefore, any tax on a whistle blower"s damages violated the United States Constitution.

Unfortunately, because the Supreme Court decided not to hear the Murphy case, whistleblowers and victims of civil rights violations will have to personally fight the IRS in its taxation claims.

Fortunately, a bill is pending in Congress entitled Civil Rights Tax Relief Act of 2007 ("CRTRA'). This legislation would amend the tax code to end the improper and unfair taxation of whistleblower damages as well as other damages awarded to individuals who have suffered unlawful civil right violations and discrimination in the workplace. Hopefully, this bill will get some traction in that it is supported by both employers and employees and has unusually broad bipartisan support from members of Congress.

For further whistleblower lawsuit information, click on the following links:
Whistleblower Lawyer and Lawsuit Information
Medicare and Medicaid Fraud Lawyer and Lawsuit Information

CVS WHISTLEBLOWER SUIT SETTLED FOR $36.7 MILLION

John Mininno — Tue, 6 May 2008 12:27:55 PST

On March 18, 2007, CVS agreed to pay $36.7 million as a result of allegations that the company improperly switched patients from the tablet version of the prescription drug Zantak to a more expensive version in order to increase Medicaid reimbursement. The fraud was brought to light by a Bernard Listiza, a pharmacist in Washington, DC. Following extensive negotiations between the US Attorney"s Office and CVS, CVS agreed to pay $36.7 million for defrauding the government. The United States" share of the settlement was approximately $21.1 million, with 23 states and the District of Columbia sharing $15.6 million. More importantly, the pharmacist, Mr. Listiza, received $4,309,330.74 as his share of the settlement.

For further information on whistleblower lawsuits, click on the following links:

Medicare and Medicaid fraud lawsuit information
New Jersey State Medicare and Medicaid fraud lawsuit information
Return to the main medical malpractice and serious injury page

Whistleblower Lawsuits For 2005 Total $1.1 Billion in Settlements

John Mininno — Tue, 6 May 2008 11:33:33 PST

The Federal Government issued a report stating that in 2005 alone, whistleblower lawsuits resulted in a recovery of 1.1 billion dollars to the United States Government. The actual whistleblowers that brought these claims to light were awarded $166 million dollars for their involvement.

One of the largest cases from 2005 involved a whistleblower that discovered Medicare had made $21.7 billion in improper payments to doctors, hospitals and insurers in 2004. After the government recouped the money, the whistleblower was awarded over a billion dollars in compensation.

Similarly, in March 2005, a whistleblower that had previously worked for defense contractor Northorp, was awarded $12.4 million after the company settled their $1.33 million lawsuit for overcharges to the Pentagon for massive fraud and over-billing.

For further information on whistleblower lawsuits, click on the following links:

NJ Employment Lawyer: Whistleblower Retaliation and Lawsuit Information
PA Employment Lawyer: Whistleblower Retaliation and Lawsuit Information
Medicare Fraud Lawyer and Lawsuit Information
NJ State Medicare Fraud and Lawsuit Information

Where and When Was Contaminated Heparin Given in the US?

Amber Watson-Tardiff — Mon, 5 May 2008 06:36:01 PST

How Do I Know If My Reaction Was Linked To Heparin?

Every patient that has been hospitalized in the last year wants to know where and when contaminated heparin was administered in the United States. Sadly, no one knows. To date, the most concrete information issued by the FDA suggests that contaminated vials may have been introduced to the market as early as 2006. However, the FDA notes that the majority of injuries have been reported between January 2007 and the recall in early 2008.

Patients who have experienced weird reactions after heparin use can only wonder what, (if any) effect did the heparin have on their body. This is especially true in the case of high-risk pregnant mothers who were given heparin regiments to prevent clotting and dialysis patients who have died instantly during treatment. Families are scared, and at the very least, they want answers.

My Personal Investigation Into Heparin Contamination

Like many people who have had a loved one mysteriously die this year or experience strange reactions after heparin use, I too have become very suspicious of the drug and the allergic reaction my mother had following her abdominal hysterectomy in 2007.

My mother came through the surgery with flying colors, but became strangely ill during the recovery process. During that time, it is believed she was given heparin to prevent blood clots while she was on bed rest. Shortly thereafter, she started experiencing chest pains, irregular heartbeat and a swollen throat that affected her ability to breathe. Consequently, she was hospitalized, given every test in the book, but the doctors could not figure out what was causing these serious reactions.

For months, she swore something happened during that surgery. She insisted to every doctor on her case that the surgeon must have left behind a sponge or a tool in her body that was making her sick. Needless to say, now our family is in the same boat as many of you in trying to figure out if contaminated heparin could have caused this problem.

What Do I Do If I Was Given Bad Heparin?

Based on my own personal experience with the heparin problem, I can tell you that people are calling product liability lawyers such as those in our firm. They want answers, they want explanations-but they just are not getting them from the FDA. As a result, these people turn to lawyers to help them investigate. Again, based on my own experience, I understand the desire to hold the drug companies accountable for the pain and suffering of a loved one. In my opinion, purposely including a deadly contaminant in heparin to save a buck is unacceptable and the Chinese and American manufacturers should have to pay for the harm it has caused our families.

As I have said before, if you or a loved one is a dialysis patient, a heart patient, or was placed on heparin during a high-risk pregnancy or during a period of bed rest, contaminated heparin may be to blame for serious reactions including swollen throat, shortness of breath, blood pressure problems, shock or death. Our firm is aggressively looking for answers and we encourage you to contact us if you have any questions regarding tainted heparin and the reactions it has caused in you or a loved one. Our nurse will evaluate your medical history to determine whether a link exists between your symptoms and contaminated heparin.

If you wish to speak to someone about this issue, call (856) 833-0600 in New Jersey, (215) 567-2380 in Pennsylvania or toll-free at (877) 642-7376. You can also fill out the case evaluation form on the left side of the page and our nurse will contact you as soon as possible.

For further information on heparin deaths and heparin contamination, click on the following links:

NJ Heparin Lawsuit Information
PA Heparin Lawsuit Information'
Return to the main medical malpractice and serious injury lawsuit page

Why Does a Trial Lawyer Say "NO" To Most Medical Malpractice Cases?

John Mininno — Sat, 3 May 2008 12:22:06 PST

Finding a lawyer to handle a medical malpractice case is very difficult for many reasons. The first (and most obvious reason) is that many lawyers are not experienced, skilled or talented enough to handle such a complex case up and through trial. However, there are other reasons beyond the ability to find a capable lawyer.

Every day we meet with ordinary folks about potential medical malpractice cases. This is not surprising as statistics show that medical negligence kills and harms patients and families at an alarming rate. Many times, the same doctors commit the same error time and time again. As a trial lawyer, I wish I could hold every doctor accountable for the mistakes and harm they cause. Unfortunately, that is not possible. The medical malpractice insurance companies, lobbyist and doctors have spent millions of dollars to make ordinary people believe that there is a medical malpractice crisis in this country. Potential jurors see this propaganda every day in the media. Doctor's offices are plastered with posters threatening to leave the state. These myths portray doctors as the victims of lawsuits. As a result, jurors are less and less likely these days to decide a case against a bad doctor who injures an innocent patient.

As a result, many times I have to meet with families and their loved ones who are victims of medical malpractice and tell them that I can not represent them. These people have cases that are not frivolous, but have true merit. Unfortunately, because it is very difficult to convince a jury to hold a doctor or hospital legally responsible even in clear cut cases, trial lawyers (including myself) are forced to be very selective in the cases they choose to bring.

Remember, a trial lawyer works for free. That is, a trial lawyer does not get paid unless his or her client gets a recovery. Malpractice cases cost on average, between $20,000 to $40,000 in out of pocket expenses. These are resources that the trial lawyer must pay "up front" and without any guarantee of being reimbursed. In addition, a trial lawyer will commit hundreds of hours in time in research, discovery, trial preparation and trial. When out of pocket costs and legal hours are combined, a trial lawyer must be prepared to commit $150,000 to $250,000 per case. More importantly, since there are only so many hours and so many cases a trial lawyer can work, if he commits to one case, he can not commit to others. As a result, the sad fact is that it is getting more difficult for true victims to get justice in the courts.

For further information on medical malpractice lawsuits, click on the links below:

Find a Medical Malpractice Lawyer in New Jersey
Find a Medical Malpractice Lawyer in PA
Medical Malpractice Frequently Asked Questions

Bed Sore Resources for Patients

John Mininno — Sat, 3 May 2008 06:18:26 PST

This blog sets out resources for Bed Sore Patients. As was revealed recently, bedsores and pressure ulcers cost society over $50 Billion dollars annually. See the bed sore blog Bed Sore Costs Billions, (that"s a 50 with 9 zeros after it!)

Fortunately, there are many professional organizations dedicated to education, awareness and prevention of bed sores. For example, the National Ducubitus Foundation, is a leader in bed sore research. Organizations like the Wound, Ostomy and Continence Nurse Society, the American Professional Wound Care Association, and the National Pressure Ulcer Advisory Panel (NPUAP) also work on publishing bed sore, pressure ulcer and nursing home abuse prevention guidelines for health care professionals.

The Mininno Law Office promotes bed sore awareness and patient advocacy. Check out Bed Sore Costs Billions, and Practical Tips for Avoiding Bed Sores ,

The Mininno Law Office Ezine publication, Patient"s Advocate"s Guide to Preventing Bed Sores, has been widely distributed to bed sore patient families.

Check back each week for more bed sore and pressure sore resources.
For more information on bedsore prevention or how to file a bedsore lawsuit in New Jersey or Pennsylvania, click on the following links:

NJ Bedsore Lawyer and Lawsuit Information
New Jersey Nursing Home Neglect Lawyer

Should Tainted Heparin and Trasylol Victims Be Concerned With The Upcoming Drug Case Before The Supreme Court?

Amber Watson-Tardiff — Fri, 2 May 2008 07:55:54 PST

There is no doubt that tainted Heparin victims, Trasylol victims and lawyers alike are concerned with the upcoming decision on Wyeth v. Levine, which is scheduled for a ruling by the Supreme Court this fall.

The issue in this case is whether drug companies should be immune from product liability suits concerning dangerous or defective products if they had prior approval from the FDA. Specifically, the appeal filed in Wyeth v. Levine seeks to overturn a $6.8 million judgment awarded to a Vermont woman that lost part of her arm after doctors injected her with a nausea drug. The lawyers for the drug manufacturer claim that the company is not liable for her injuries because the drug met all necessary FDA requirements and ultimately received FDA approval.

One can only hope that the Supreme Court will see this argument for what it is-just another attempt by a billion dollar drug company to avoid responsibility for a defective product. I heard someone recently put it this way, "So because I passed my driver's test and the State gave me a license, you can't sue me if I carelessly wreck your car." I think that analogy shows just how ridiculous this argument is. Even if you break it down to the issue of "fairness"-- no person in their right mind can justify how a woman who is permanently disabled because the FDA and a multi-billion dollar pharmaceutical company released a dangerous product on the market should be faced with economic hardship because her disability check barely pays the bills. Where is the justice in that?

Furthermore, lets consider the people who's loved ones were killed after receiving a lethal injection of contaminated Heparin. Consider the anxious mothers who became seriously ill after they were placed on a Heparin regiment during pregnancy and are now scared to death of the effects it may have had on their unborn child. How about the patients that sailed through heart surgery, only to die in the recovery room after a lethal dose of Trasylol?

Clearly, a Supreme Court ruling in favor of the drug companies will be nothing more than a license to push questionable drugs through the understaffed FDA and make billions of dollars at the expense of the American people. This is not justice and we can only hope that the Court rules in favor of the little guy in this situation.

For further information, click on the following links:
Contact a Heparin Lawyer in New Jersey
Contact a Heparin Lawyer in PA
Contact a Trasylol Lawyer in New Jersey
Contact a Trasylol Lawyer in PA

Heparin Update: FDA Says Contamination May Be Intentional

Amber Watson-Tardiff — Thu, 1 May 2008 13:12:46 PST

While I am not surprised by this news, it still saddens me to report that the FDA and CEO of Baxter announced this week that the contamination of Heparin (which has been linked to 81 deaths and over 700 allergic reactions), may have been intentional. (The full story can be found on USA Today"s website.).

Ironically, that same report states that the Chinese plant accused of intentionally contaminating the Heparin supplies passed an audit by Baxter International just months before the recalls. The FDA then conducted an audit of its own after Baxter broke the news, only to find the facility lacked the appropriate equipment to remove impurities from the drug. And what was Baxter's pathetic response? Apparently, Baxter CEO, Robert Parkinson, testified before a Congressional hearing that "the Baxter audit was 'routine,' while the FDA"s was an 'inspection for cause.'"

So what exactly was the purpose of Baxter's "routine" audit? An executive vacation to China? A networking event? Obviously it has nothing to do with patient safety or the contaminant would have been found before it made its way into 11 countries and killed 81 people so far. This is especially true when you look at the details surrounding the contamination. According to USA Today, an investigator for the House subcommittee found that:

...the chemical mimics the effect of manufactured heparin but costs one-hundredth as much. The heparin case has similarities to last year"s recalls of Chinese-made flour used in pet food. The ingredient was contaminated with the industrial chemical melamine, which makes the flour appear more protein-rich than it was. As with melamine, standard industry tests for heparin were not designed to find the contaminant.

Clearly, the goal in China is to use the cheapest materials possible and make the highest profit possible at the expense of consumers. And since the FDA essentially allows drug companies to police themselves until complaints begin to surface, this continues to be a successful plan for Chinese manufacturers and US pharmaceutical companies. Maybe when Baxter's CEO is faced with the death of a loved one because of a dangerous drug product, then consumers might be afforded better protection than what they are receiving now.

For further information on the heparin recalls or to contact a heparin lawyer, click on the following links:

Heparin Lawyer in NJ
Heparin Lawyer in PA
Side Effects of Heparin and Patients at Risk of Heparin Contamination
Return to Main Medical Malpractice and Serious Injury Page

How Long Do I Have to File A Medical Malpractice Lawsuit in New Jersey (NJ)?

Amber Watson-Tardiff — Thu, 1 May 2008 10:47:21 PST

New Jersey Medical Malpractice Statute of Limitations for Adults
Medical malpractice lawsuits are governed by a statute of limitations, or a specific time limit on when you can file a claim. In the case of an adult, a medical malpractice lawsuit in NJ must be filed within two (2) years from the actual date of the incident, or two (2) years from when the patient actually discovers the injury (or should have reasonably discovered the injury).

New Jersey Statute of Limitations For Minors and Birth Injury Cases
The statue of limitations for medical malpractice in New Jersey involving a minor is also two (2) years. However, the two-year statute of limitations starts on the minor"s eighteenth birthday. If a malpractice lawsuit is not filed by the age of twenty (20), the minor is barred from ever bringing that claim. Similarly, in the case of a New Jersey medical malpractice suit involving a birth injury, a claim must be filed by a minor"s thirteenth birthday.

For further information on Medical Malpractice in New Jersey, click on the following links:
New Jersey Medical Malpractice FAQ"s
Contact a New Jersey (NJ) Medical Malpractice Lawyer
Return to Main Medical Malpractice and Serious Injury Page

Your Opinions on the Recent Trasylol and Heparin Recalls

Amber Watson-Tardiff — Thu, 1 May 2008 07:59:48 PST

I wanted to highlight a comment posted by one of our readers over at My Fox Philly regarding our recent post, "Lessons Learned From Vioxx: Why Trasylol and Heparin Victims Must File Suit To Ensure Honest Marketing and Safer Drug Products. I believe this comment reflects most of the feedback that we have gotten concerning the recent drug recalls and the questionable inspection standards of the FDA. The comment is as follows:

"I"m not a fan of trial lawyers, but when it comes to the FDA and drug companies, you go for it! Clindamycin is another dangerous antibiotic drug in which the FDA and drug companies know there are serious and potential side effects, yet they will do nothing about it. And those who have suffered are often no longer in any condition to be able to sue or to afford to sue. It"s pretty odd that nurses would all know as common knowledge the risks of prescribing this drug and see the potential results first-hand. But the FDA, doctors, drug companies and pharmacies are in denial. And the side affects are most often not reversible. Same with Lipitor. Many have no problem. But those that do find that once they experience side effects, they are irreversible, even if they stop taking the drug, which again doctors, drug companies, pharmacies and the FDA will deny! It"s a racket. I know they do lots of good, but they"ve created an over-drugged and unnecessarily drugged society in which many times the cure is worse than the disease itself they are trying to treat." - Stever2258

I find this comment to be such an honest and genuine assessment of the drug crisis happening in our nation. This is more than a "get rich quick scheme" by "sue happy people and lawyers". The real "get rich quick scheme" is an invention of the multi-billion dollar drug companies who produce a questionable product, offer incentives to doctors to market the drug and issue a recall as soon as people start dying. So remember, the next time drug companies post record high profits from drug sales, real people are suffering irreversible and permanent injuries at their expense.

So thank you to our readers for sharing your comments. Hopefully trial lawyers and consumers can work together to put an end to this problem in the near future.

For further information on recent drug recalls and lawsuit information, click on the following links:
Heparin Deaths and Heparin Lawsuit Information
Heparin Lawyers and Trasylol Lawyers in NJ and PA

When Should I Call a Lawyer About My Heparin Side Effects?

Amber Watson-Tardiff — Wed, 30 Apr 2008 08:55:05 PST

What Do We Really Know About Bad Heparin?

For the past month, popular search engines such as Google have been inundated with anxious people typing in questions such as, "Was contaminated Heparin given in NJ or PA hospitals?" or "What are the side-effects of contaminated Heparin?" Unfortunately, the FDA and Heparin manufacturer, Baxter, have been reluctant to release such information to the public. All we really know for sure is that the contaminant came from China and has been linked to 81 deaths and over 700 severe allergic reactions. With such vague answers, it"s easy to see why anyone who has been hospitalized in the past few months would have concerns.

Even more disturbing is the latest hypothesis from the FDA that the contamination of Heparin may have been intentional. Baxter president, Robert. L. Parkinson Jr., told members of a Congressional subcommittee this week that he is "greatly concerned that our Heparin product appears to be the target of a deliberate adulteration scheme." And while no further information was given to elaborate on this theory, Heparin victims are speaking out. In fact, dozens of families participated in Congressional hearings this week to share stories about their Heparin side effects and to plead with lawmakers regarding stricter inspection standards.

Should I Call A Lawyer?

Here at Mininno Law Office, we have received numerous phone calls from NJ & PA residents whose loved ones were given Heparin and died shortly thereafter or became violently ill after using the drug. And while they are not 100% positive that the events are connected, they would still like answers for their own peace of mind. We understand the anxiety associated with this issue, so we have tried to compile a list to help you decide when to call a lawyer. And while we can not cover every circumstance or side effect, as a general rule of thumb you should call a lawyer if:

You or a loved one is a dialysis patient and has suffered unusual side effects after treatment. Some of these side effects include severe abdominal pain, diarrhea and swollen throat that affects the ability to breathe.

Your loved one is an otherwise healthy dialysis patient and died shortly after a recent treatment.

You or a loved one is a heart patient and has suffered the same side effects listed above.

You were given Heparin for a high risk pregnancy and suffered chest pains, shortness of breath and required hospitalization after using the drug.
You or a loved one has undergone routine a surgical procedure and experienced the same potentially deadly side effects listed above.

If you can identify with any of these scenarios, there is a good chance that you may have been given contaminated Heparin. I highly suggest that you contact a lawyer immediately to begin an investigation with trained medical professionals. Furthermore, if you would like to speak with our licensed RN and staff doctors regarding your symptoms, fill out the form on the left side of the page or call (856) 833-0600 in New Jersey or (215) 567-2380 in PA. Our lawyers and medical professionals are available to answer any questions you may have regarding Heparin and the Heparin recalls. For general heparin lawsuit information, click on the following links:
Heparin Lawsuit and Heparin Recall Information in NJ and PA
Recent Heparin Illness and Heparin Death News

Practical Advice For The Treatment of Bedsores and Pressure Sores

John Mininno — Tue, 29 Apr 2008 10:42:25 PST

Although the treatment of bedsores can be very difficult and challenging, prevention and aggressive wound care is always the best option. Unfortunately, most patients fall victim to bedsores and pressure ulcers due to under-staffed nursing homes and poorly trained medical personnel. And while medical personnel may claim that they are doing all that they can do to fix the problem, there are some practical ways for family members to get involved to ensure that the potentially fatal bedsore does not get worse.

First, patients in nursing homes who develop bedsores and/or pressure sores should be immediately assessed for transfer to a medical facility. If the patient has only developed a stage one ulcer, this can be treated with conservative treatment. That treatment would consist of the following:

Immediately establish a turning and re-positioning schedule for the patient. This means that the patient should be moved every 15 minutes from one position to another.

Furthermore, the area in which the stage one ulcer has developed should be avoided all together. In addition, patients can use special cushions and pads to relieve pressure on the existing sores. These cushions consist of a variety of foam, air filled or water filled devices which cushion and protect the irritated and exposed skin.

If the ulcer progresses from stage one to stage two, transfer to a medical facility from the nursing home is strongly encouraged. Most stage two ulcers require more extensive and aggressive medical care and constant monitoring by trained professionals. Many nursing homes do not have the personnel, nor the programs in place to adequately treat these pressure sores.

Stage two pressure ulcers or bedsores can be treated non-surgically. Many doctors prescribe saline solution dressing to gently wash the infected area. And while full surgery is unavoidable at this stage, most patients will require some sort of surgical debridement. Debridement is a procedure where a doctor uses a scalpel to remove dead tissue. The body then reacts to the existing tissue and attempts to heal itself. The goal of the procedure is to improve the health of the infected tissue and to increase blood flow and regeneration of tissue. Following this procedure, careful monitoring is still required.

Admittedly, bedsores are much easier to prevent than to treat. However, if the sores are caught in the early stages, it is easy to see how family members can push for better treatment before the problem spirals out of control. It is ok (and highly recommended) that families keep on top of their loved one"s caregivers. Bedsores can be fatal if ignored or not properly cared for. However, if you monitor the situation to ensure that your loved one"s care follows the guidelines listed above, there is a greater chance of a full and uncomplicated recovery.

For more information on bedsore prevention or how to file a bedsore lawsuit in New Jersey or Pennsylvania, click on the following links:

NJ Bedsore Lawyer and Lawsuit Information
New Jersey Nursing Home Neglect Lawyer

BEDSORES -- A BILLION DOLLAR PROBLEM?

Amber Watson-Tardiff — Tue, 29 Apr 2008 08:46:12 PST

According to the National Ducubitus Foundation, over one million people each year suffer from potentially fatal bedsores. When viewed in a hospital setting, the same studies show that approximately 10% patients at any given time are inflicted with bedsores. While this figure is shocking in of itself, the real number is probably higher because many of the medical facilities with a history of preventable bedsores did not participate in this study.

Admittedly, some cases of bedsores are unavoidable; however, a good majority of bedsores in hospitals and nursing homes are the result of pure negligence. For instance, when a nursing home resident is left to sit for 8 hours in urine soaked sheets and clothes and develops a bedsore as a result, that is negligence. When a nurse can not move her patient every two hours because the hospital is understaffed and the patient gets a bedsore, that is negligence. In cases such as these, just a little bit of attention and a few extra staff members would have done the trick.

Typically, when medical facilities are confronted with these facts, the usual response is that they cannot afford additional personnel or equipment for bedsore prevention. This is especially true in a nursing home setting, where corners are cut everywhere possible because of budget concerns. But is this really a legitimate excuse? Should the hospitals and nursing homes get a free pass because they can"t afford to implement simple procedures that will ultimately save lives? Lets take a closer look at the math to decide.

Statistics show that in year 1994, there were 6,374 hospitals in the United States with an average of 177 beds per hospital. The occupancy rate of these hospitals is 66.1%. Therefore, given the math, on average 745,740 beds were occupied on any given day. When you compare the instances of bedsores related to the hospital population, you find that on any given day, there are approximately 80,000 patients with bedsores . When that number is multiplied by the average hospital stay for patients with bedsores of 27 days, you find that over 1,000,000 patients develop potentially fatal, yet preventable bedsores per year.

Furthermore, the costs associated with bedsore care are astronomical. For example, the average cost of a hospital stay for patient over 65 is about $2,360 per day. If this same elderly patient develops a bedsore, he is now projected to stay an additional 27 days. From a financial perspective, this calculates into $50,976 in extra medical costs per bedsore patient. Multiply that number by the 1,088,778 patients developing bedsores per year to get the astronomical number of $55,000,000 that is wasted on bedsore care! Shockingly, experts agree that this is a conservative estimate because bedsore patients are required to stay longer for skin grafting and infections. Add to the mix the thousands of other patients that actually die as a result of these bedsores. To their friends and family, the loss of that life is priceless.

The sad part is that based on the numbers presented above, hospitals and nursing homes can save $44,000,000 in health care costs just by preventing bedsores. This money can be used to invest in better technology and enough personnel to provide quality care to patients and long-term residents. That is why insurance companies such as Aetna and Wellpoint now refuse to reimburse medical facilities for the costs associated with bedsore care. And while I do not agree 100% with this policy, (I think it needs to be more of a case by case decision) it"s a start.

What is clear, however, is that families should not face the loss of an otherwise healthy loved one because a billion dollar medical facility would not hire 2 additional nurses to ensure proper staffing. Similarly, beautifully landscaped and manicured nursing homes have no right to medicate patients and leave them alone for hours at a time, only to cry poor when a resident dies from a bedsore infection. The math proves this is not the case and it's time to use this information to improve the quality of life for hospital and nursing home residents in this country.

For further information on bedsore prevention and filing a lawsuit for nursing home neglect in New Jersey or Pennsylvania, click on the following links below:

Bedsore Lawsuit Information
Nursing Home Abuse Lawyer

US Servicemen Still Denied Right To File Suit For Medical Malpractice Against Military Hospitals & Doctors

Amber Watson-Tardiff — Sun, 27 Apr 2008 08:46:43 PST

Members of the US Military are once again seeking to overturn a 1950 Supreme Court decision which denies active duty service members the right to file medical malpractice lawsuits. This effort comes after a string of careless and deadly medical errors occurring at military hospitals across the country. Case in point (reported in the LA Times):

Minutes after routine surgery for acute appendicitis in October 2003, Staff Sgt. Dean Witt, 25, was being moved to a recovery room at a Northern California military hospital when he gasped and stopped breathing. A student nurse assisting an understaffed anesthesia team tried to resuscitate Witt and failed. Inexplicably, Witt"s gurney was wheeled into a pediatric area. Lifesaving devices sized for children, not a 175-pound adult, proved useless, according to an internal report on the incident.

Medical personnel at David Grant Medical Center at Travis Air Force Base screamed at each other. A double dose of a powerful stimulant was mistakenly administered. When a breathing tube was finally inserted, it was misdirected, uselessly pumping air into the patient"s stomach. Errors compounded errors and delays multiplied.

By the time a breathing tube finally was inserted correctly, Witt had devastating brain damage. Three months later, he was removed from life support and died. Witt, who grew up in Oroville, Calif., left behind a wife and two children, including a 4-month-old son.

Apparently, medical errors such as this happen often at miltary hosptials. This isn"t surprising considering the fact that miltary hosptials are typically understaffed and poorly funded. Consequently, the miltary has taken steps to ensure that these hosptials are immune from medical malpractice lawsuits because medical mistakes are bound to happen and they can"t afford to pay. I understand the logic, but the real question is whether this is fair to the servicemen and women who risk their lives defending this country only to loose them at the hands of poorly trained medical staff in a miltary hospital?

Clearly, the Supreme Court seems to think so. They have consistenly upheld the 1950 ruling of Feres v. United States, which denies the right of active-duty servicemen and women to file medical malpractice lawsuits--even when it is clear that a deliberate medical error has occurred. The Court has bought into the government"s argument that the dicipline of the military will be compromised if it is forced to deal with costly and time consuming litigation for medical malpractice. Rep. Duncan Hunter (R-Alpine), a member of the House Armed Services Committee and a former fighter pilot, has even gone as far as calling Feres "a reasonable approach to ensuring that litigation does not interfere with the objectives and readiness of our nation"s military."

In my opinion, Hunter"s statement and the Court"s reasoning makes very little sense. Basically, the military assumes that medical malpractice lawsuits willl compromise the quality of the nation"s military by paying out money that is better spent on equipment, personnel, etc.. However, what they fail to realize is that this policy will have the exact opposite effect in the long run. If men and women can not count on the miltary to provide quality care for them or their families should they get hurt or sick while on duty, they will not join and enlistment will plummet. Its just that simple.

Furthermore, if the Supreme Court and Congress can not justify allowing servicemen and women to file a lawsuit after they have been permanently injured as a result of medical malpractice, then at the very least they should force the military to hire better doctors and medical staff to cut down on some of these careless mistakes. Our men and women expect to risk their lives on the battlefiled-- not at miltary hosptials that they count on to help them get well. It"s just not right, and the miltiary will eventually pay for this choice if they do not actively change their ways.

For further information on medical malpractice lawsuits, click on the links below:

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Medical Malpractice Frequently Asked Questions

Lessons Learned From Vioxx: Why Trasylol and Heparin Victims Must File Suit To Ensure Honest Marketing and Safer Drug Products

Amber Watson-Tardiff — Sat, 26 Apr 2008 08:59:45 PST

Byron Richards from medicationresources.com has written a very interesting post entitled, "Vioxx Shocker-Merck Wrote Many Of the Published Studies." Needless to say, he had me at hello on this one. After a few weeks of researching the cover-ups and shoddy scientific testing of dangerous drugs such as Heparin and Trasylol, this post solidified in my mind why it is so important for victims of these drugs to come forward and file suit.

Richards reports:

The lawsuits over Vioxx have forced very uncomfortable documents into public view, exposing that Big Pharma has massively corrupted the scientific database with what amounts to promo pieces written by its own employees who then pay for prestigious doctors to attach their names to the studies as if they are legitimate - hiding the fact the drug companies wrote their own studies and conclusions in the first place.

The interesting thing about this post is that Richards is not a lawyer. He is an unbiased author writing on medical wellness. Yet he clearly sees the link between Vioxx lawsuits and the exposure of documents that clearly show the corruption behind the marketing of dangerous drug products. Sadly, without the constant probing from lawyers and the courts, who knows what other incriminating studies actually exist regarding popular prescription drugs.

And while its already too late for the thousands of people that have died from dangerous drugs such as Vioxx, Trasylol and now Heparin, it"s not too late to demand better scientific research and honest marketing procedures by holding these companies accountable via the court system. Admittedly, litigation is not fun. It"s often a long and emotional process for families and attorneys alike. But it"s the only solution. As I noted in my previous post on the Trasylol recalls, Congress will not get involved unless it is in their best interest to do so. Right now it"s in their best interest to let shady testing and marketing procedures continue because the "donations" from drug companies keep them in office. So if we can"t count on Washington, we have to go right to the source and demand more from these pharmaceutical giants by filing suit and making it financially impractical to continue doing business this way.

Unfortunately, what these companies do not realize is that when safety is put first, the profits will come. Look at Volvo. Their cars are ugly, they are expensive but they are known to be safe. And because of their clear desire to protect people, they are tremendously successful. Pharmaceutical companies may have to spend a bit more at the onset of a drug launch for better testing, etc., but the profits will be huge because Americans will put their trust behind the product. So if there are any Big Pharma executives reading this post, consider a consumer friendly way of doing business before the public forces you out of the market via lawsuits and bad press.

To continue reading about other dangerous drugs, click on the links below:

Heparin Deaths and Heparin Lawsuits
Trasylol Deaths and Trasylol Lawsuits

Profit Before Health: Bayer Hid Information From FDA About Deadly Drug Trasylol

Amber Watson-Tardiff — Fri, 25 Apr 2008 17:25:54 PST

"Good medicine demands that you protect the patient. That"s the issue here, and not the drug, and not the profit margin," stated Dr. Dennis Mangano, the San Fransico doctor who conducted the largest study to date concerning the dangers of the anti-bleeding drug Trasylol. Dr. Mangano offered these comments during a scathing report featured on 60 Minutes which revealed that Trasylol"s manufacturer, Bayer, hid studies from the FDA which showed a clear link between the drug and heart and kidney failure. Other doctors interviewed by CBS suggest that Bayer was aware of dangerous side effects from Trasylol as early as the 1980"s.

Trasylol is an anti-bleeding drug that is given to approximately 1/3 of patients undergoing heart surgery. Trasylol was heavily marketed by Bayer and was projected to be the next billion-dollar drug in 2008. Fortunately, Dr. Mangano"s efforts set into motion a chain of events that would eventually put a stop to Bayer"s ability to profit (and profit a lot) from other"s misfortunes.

After following 5,065 patients in 17 countries, Dr. Mangano found that patients given Trasylol were more likely to experience death and kidney failure after heart surgery. This study was then published in the New England Journal of Medicine, which prompted other doctors to speak out regarding the deadly drug. According to Dr. Juergen Fischer, director of the Institute of Experimental Medicine at the University of Cologne, Bayer was not interested in his results from studies conducted in the 1980"s that showed severe kidney damage in animals given Trasylol. Dr. Nicholas Kouchoukos also received the cold shoulder from the pharmaceutical company for his human study in 1992 that showed that patients given Trasylol were more likely to experience kidney failure after surgery.

Kouchoukos called this study a "red flag", but explained that safety studies are generally not taken seriously until they involve thousands of participants. Since Bayer did not conduct a large-scale investigation of the drug following these complaints, the proof was not available to pull the drug from the market. Consequently the FDA approved Trasylol in 1993--noting kidney problems as a potential side effect from the drug.

Thankfully, Dr. Mangano"s 5,065 patient study in 2005 was sufficient to finally catch the FDA"s attention. The FDA scheduled a meeting with Bayer executives to discuss the issue eight months after the report was issued. As a result, Bayer went on the defense and set out to conduct a study of it"s own to dispute Dr. Mangano"s study. Their plan backfired. Bayer"s study confirmed Dr. Mangano"s findings that Trasylol may have been responsible for thousands of deaths and serious injuries in the United States.

What Bayer decided to do with this information next, in my opinion, proves the company"s clear disregard for patient safety. Bayer hid their study from the FDA. They acted as though it never took place. It wasn"t until a whistleblower from Bayer contacted the FDA regarding the proven dangers of Trasylol that the true findings from the report were made public. Following this disclosure, Canadian researchers attempted to perform their own Trasylol study, but had to stop because too many people were dying.

So what are the consequences of Bayer"s lack of scientific testing and honesty regarding Trasylol? According to Dr. Mangano, "Between my study and November 5, when it was taken off the market, there were approximately 431,000 patients who received the drug. As I calculated, 22,000 lives could have been saved. It"s about a 1,000 lives saved per month delay in taking that drug off the market."

Sad. And while the story reads like a bad novel, real people"s lives have been ruined by this drug. Loved ones have died or were forced to go on dialysis after otherwise routine procedures. Livelihoods were stolen as injured patients struggle just to pay the bills with their meager disability check. Ironically, Bayer walks away with millions of dollars and no consequences from the FDA. And I can almost guarantee that the politicians in Washington will turn a blind eye as well. After all, they need a paycheck too and who do you think funds the campaign that allows them to stay in office? The pharmaceutical companies of course. What politician in his right mind would bite the hand that feeds him?

Clearly, the only remedy for patients that have experienced side effects from Trasylol is to file a lawsuit against Bayer. It"s more than just money-it"s the only way to change the system. Complaints to the FDA do not work. Letters to Washington do not work. Pharmaceutical sales are big business driven by the desire for profit at any cost. To change the system, the American people have to take what matters the most from these companies-their profit. When they finally realize that they will have to pay for hurting people, maybe they will invest some of their billions into better scientific testing and personnel to handle investigations before drugs like Trasylol, Vioxx and now Heparin take the lives of trusting people who depend on this medicine to make them better, not worse.

Alternatively, if you or a loved one may have suffered a serious reaction to Trasylol, a lawyer in our New Jersey or Philadelphia office can help answer any questions you may have. For further information on Trasylol or Trasylol side effects, click on the links below:

Trasylol lawyer in NJ
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Trasylol attorney (outside of NJ and PA)

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

Amber Watson-Tardiff — Thu, 24 Apr 2008 10:47:35 PST

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 links below to fill out an online case evaluation form.

Heparin Lawyer in NJ
Heparin Lawyer in PA
Heparin Attorney (outside of NJ and PA)

Baxter Not Expecting 'Material Litigation' After Contaminated Heparin Recall

Thu, 17 Apr 2008 14:13:25 PST

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.

Click here for further information about death and serious injury related to contaminated heparin in NJ & PA

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

Thu, 17 Apr 2008 13:31:52 PST

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 links:
Medical Malpractice Lawyer In NJ
Medical Malpractice Lawyer In PA
Medical Malpractice Attorney(outside of PA & NJ)

Dennis Quaid Takes on Medical Errors & Baxter Heparin

Amber Watson-Tardiff — Wed, 16 Apr 2008 11:44:36 PST

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 links:
Find a Heparin Lawyer,
Find a Medical Malpractice Lawyer
NJ Medical Malpractice Lawyer.

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

Amber Watson-Tardiff — Wed, 16 Apr 2008 09:16:26 PST

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

"... WHERE TO CHECK UP ON PHYSICIANS

The following resources can provide background information on your current physician or one you are considering.
� HealthGrades (www.healthgrades.com) provides reports on doctors, at $29.95 each, that cover education and training, board certification, professional misconduct or disciplinary actions, and satisfaction scores from patients..."
- Consumer Reports on Health, January 2008

The media seems to be singing this site"s praises so I guess its worth a shot to check out if you have some concerns about a particular doctor. Personally, I don"t know that I would use this for my family doctor, but if I was going in for surgery, I think the $7.95 is a small price to pay when compared to a lifetime dealing with a permanent injury should it turn out that the doctor is careless and has a long list of malpractice settlements.

For further information on medical malpractice, click on the following links:
Medical Malpractice Lawsuit FAQ's
Medical Malpractice Lawyer in New Jersey

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

Amber Watson-Tardiff — Tue, 15 Apr 2008 14:08:39 PST

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.

For further information on medical malpractice lawsuits, click on the following links:

Medical Malpractice Lawyer in NJ

Medical Malpractice Lawyer

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

John Mininno — Mon, 14 Apr 2008 18:29:11 PST

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

John Mininno, Esq. — Sun, 13 Apr 2008 14:23:36 PST

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.

Who Is Really To Blame For Contaminated Hepain?

Amber Watson-Tardiff — Sun, 13 Apr 2008 10:49:55 PST

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:

Heparin Lawyer in New Jersey
Heparin Lawyer in PA
Medical Malpractice Lawsuit Information

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

Amber Watson-Tardiff — Sat, 12 Apr 2008 10:09:38 PST

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.

Alternatively, if you or a loved one suspect that you have been given contaminated heparin, click here for further information on filing a heparin lawsuit against the drug manufacturer.

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 and accident website

Heparin Deaths Jump From 19 to 62 According to FDA

Amber Watson-Tardiff — Fri, 11 Apr 2008 06:50:31 PST

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.

Alternatively, if it is possible that you or a loved one may have been exposed to contaminated Heparin, click here for further information about pursuing a claim against the Heparin manufacturer. We will continue to post information on the Heparin recalls as they occur, so check back regularly for any new developments.

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

John Mininno — Thu, 10 Apr 2008 12:16:49 PST

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. For further information filing a dangerous drug or medical malpractice lawsuit, click on the following links:
medical malpractice lawyer in NJ
medical malpractice lawyer in PA
medical malpractice lawyer

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

Amber Watson-Tardiff — Wed, 9 Apr 2008 09:54:22 PST

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 recently documented "alarming effects on human cells and wildlife". Most notably, toxicologists at Clemson University in South Carolina have found that water contaminated with the psychiatric drug, Prozac, had very strange effects on fish. These fish apparently "behaved abnormally-swimming vertically as opposed to horizontally or with their backs out of the water." Toxicologists also noted that the fish had "no desire to eat." Admittedly, the fish were exposed to slightly higher levels of Prozac than the amounts currently found in drinking water, but the study was a pretty good indication of how long term consumption of these drugs pose have serious health concerns.

The EPA does not dispute this fact either. Jim Lazorchak, acting chief of EPA"s Molecular Indicator Research Branch, admits that the EPA can not guarantee that drug residue in drinking water is safe for consumption. He states, "the occurrence of this in the environment does not necessarily mean there is a human health risk. We don"t know. Until we get more information, there"s nothing definitive we can say-other than we need to continue to take a look at what"s out there."

I don"t find that answer very reassuring. Logic tells me that if fish (who are used to swimming in polluted waters) are having strange reactions to drug residue, these chemicals must to be dangerous for human consumption. At the very least, I would question their effect on developing children who have less tolerance regarding drug exposure. Either way, this is something that people in the New Jersey and Philadelphia metro area must continue to monitor and keep in the public eye. Alternatively, drinking bottled water will not make this problem go away either-these chemicals can be absorbed through the skin while bathing, swimming, etc. This is clearly an issue that affects everyone in this region and it will take the attention of everyone to do something about it.

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

Simple and Cheap Ways to Prevent Bedsores in Nursing Homes

Amber Watson-Tardiff — Tue, 8 Apr 2008 12:30:10 PST

Elder advocate, Jack Halburn, has posted a story from the New York Times regarding bedsore prevention and how some nursing homes are now using a "team" approach to actively fight this problem. My absolute favorite quote from the article was, "preventing bedsores is a 24/7/365 kind of job." Duh! Of course it is! The question is why most nursing homes don"t see things from that perspective?

On a brighter note, here are the most "creative, low-tech solutions" being implemented by nursing homes to fight bedsores. Lutheran Home in Fort Wayne, Indiana has developed a simple team approach to keep residents constantly moving to avoid pressure sores:

Laundry workers now make sure resident"s clothes fit properly and are not restricting the skin;

The Kitchen staff has added protein powder in their cookie mix to boost nutrition. They have also changed their food service to buffet rather than sit down dining to encourage residents to keep moving; and

The beauty shop now repositions clients as they are getting their hair done to prevent sitting in one position for too long.

These changes are so simple, yet extremely effective. And they don"t require any extra technology or funding for nursing homes that are strapped for cash. However, for those nursing homes that do have the resources to invest in bedsore friendly products, David"s Place in Nebraska is a great example of how to use technology to the resident"s advantage. This nursing home has purchased mattresses made with high-density foam to reduce pressure on key areas. They also use special moisture blocking creams on incontinent patients to help reduce prolonged urine contact with the skin.

Again, these are simple, yet effective ways to reduce bedsores in nursing home residents. All they require is a little bit of effort and a little bit of creativity. And while these suggestions may not completely reduce incidents of bedsores, I think families would feel much better knowing that the facility is truly taking an aggressive approach in caring for their loved one.

For further information on bedsores and nursing home abuse, click on the following links:
Bedsore Lawsuit Information Page
Nursing Home Abuse Lawyer in NJ
Nursing Home Abuse Lawyer in PA

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

John Mininno — Mon, 7 Apr 2008 13:35:42 PST

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.

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

Amber Watson Tardiff — Thu, 3 Apr 2008 20:54:50 PST

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.

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

John Mininno — Thu, 3 Apr 2008 10:18:27 PST

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.

For further information on medical malpractice or medical malpractice lawsuits, click on the following links:
Medical Malpractice Lawsuit FAQ's
Medical Malpractice Lawyer in NJ
Medical Malpractice Lawyer in PA

For further information on medical malpractice in NJ and PA, visit our medical malpractice page.

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

John Mininno — Wed, 2 Apr 2008 12:07:34 PST

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.

The Latest Case of Medical Malpractice-- Doctors Remove Man's Healthy Kidney by Mistake

Amber Watson-Tardiff — Tue, 1 Apr 2008 11:20:58 PST

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.

For more information on how to prevent surgical errors and wrong site surgery, read "Avoiding Medical Mishaps: Malpractice Attorney Gives Five Basic Tips for Patient Safety."

Expectant Mothers Beware-- New Studies Show Premature Births Linked to Increased Childhood Death Rates and Barrenness

John Mininno — Mon, 31 Mar 2008 09:23:34 PST

The Journal of the American Medical Association released a study which found that premature children have higher death rates during childhood, and these risks continue to increase with age. In addition, the study showed that these preemies were more likely to be childless in adulthood.

The study followed 1.2 million Norwegian's births over many decades. More than 60,000 of these Norwegian children were born premature. These findings emphasize the importance in preventing premature birth. Dr. Alan Fleishman of the March of Dimes states that "in the United States, there is an epidemic of pre-term birth, and prevention is absolutely critical. " Research shows that the prevention of premature birth includes hormone treatment for women with a history of premature delivery, prenatal care and nutrition, and careful OB/GYN monitoring of patients. In addition, doctors should avoid the inducing of labor unless medically necessary. Finally, the reduction of In Vitro pregnancies will also reduce the risk of premature birth.

Expectant mothers should also be proactive before and during pregnancy to protect their unborn babies. Recent studies show folic acid reduces the chances of pre-term labor. Pregnant women are encouraged to take pre-natal vitamins that include folic acid and eat foods such as cereal and whole-grain products. In addition, expectant mothers should avoid recreation, as well as unapproved prescription drugs during pregnancy. Finally, it is important for all expectant mothers to keep regular appointments with an OB/GYN during pregnancy. In most cases, regular visits to a doctor will allow for early detection of medical problems or complications that could contribute to premature birth.

Hey Abington Hospital: Stop Blaming Patients For Increase In Medical Malpractice Lawsuits

Amber Watson-Tardiff — Fri, 28 Mar 2008 16:57:51 PST

Abington Hospital wants to send medical malpractice victims to mediation to keep them out of court (listen to report on ABC News). Sounds good right? Don't be fooled. "Sue happy" people aren't driving the doctors out of town. That's only what they want you to believe.

Lets face the facts. The Institute of Medicine released a study which states 98,000 people DIE each year from medical errors. That doesn't even account for the other patients that are permanently disabled or disfigured by the hands of doctors.

To add insult to injury, the medical community has a longstanding tradition of covering up medical mistakes. As a patient, if my doctor screwed up, I want some answers. I want you to be honest and I want you to tell me how your gonna fix it. When you pretend like my suffering isn't your fault, i'm gonna get mad and i'm gonna call a lawyer.

And to be honest, that's the consensus among 99% of our clients. However, according to Abington, mediation will solve all of these problems. After all, the doctors will all come back to town, the "sue happy, money hungry" patients get their settlement and we all call it a day. Does anyone else feel like Abington is shifting some blame here on the patient without addressing the real problem that doctors are hurting patients at an alarming rate?

I have a better idea for you Abington Memorial Hospital-- why don't you take some of the money that you are spending on mediators and hire some more doctors? Studies clearly show that medical errors are caused by sleep deprived doctors who work "marathon" shifts of 24 hours or more. Its also common knowledge that going 24 hours with no sleep is equivalent to having a .10 blood alchol level (which either meets or exceds the legal limit in all 50 states).

Quite frankly, I am reminded of that old saying "you made your bed, now lie in it". If you want to unleash sleep deprived doctors into the operating room, so be it. But at the same time, be prepared to face lawsuits when they make mistakes.

That's just one of many ways that hospitals can do something constructive to fix this problem. Let's stop blaming the victims for "our good doctors leaving town". Step up and take some real responsibility Abington. That's the only real way to bring the doctors back to town.

The Mininno Law Office Blog Joins the Technorati Community

John Mininno — Fri, 28 Mar 2008 14:09:25 PST

Mininno Law Office has joined the Technorati Profile community to keep you up to date on current legal news in the areas of Personal Injury, Medical Malpractice, and nursing home abuse.

Check out our blog and more.
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Patient's advocate guide to preventing bed sores.

John Mininno — Fri, 21 Mar 2008 08:13:28 PST

Whenever a patient is in a nursing home, that patient is at risk of developing a bedsore. Although there are both and federal and state guidelines specifically designed to prevent bed sores, many nursing homes and hospitals have failed to follow these guidelines. As a result, nursing home patients are developing bedsores at an alarming rate. This article is designed to help patients and their families prevent bedsores when in a nursing home.

First, some background. What is a bedsore? A bedsore is skin and tissue that has died because it has not received sufficient oxygen from the body. Since blood carries oxygen to all parts of our body, a bedsore is developed when the blood vessels that feed the skin are compressed or damaged in some manner.

The compression or damage prevents the blood from reaching the skin and the skin cells begin to die. If the blood supply continues to be damaged or compromised, more tissue will die. Eventually, the blood supply compromise can infect the underlying tissue, bones and joints. It takes as little as two (2) hours of sustained blood flow compromise to begin this process.

Bedsores are common in the lower back, buttocks and on other boney protrusions that routinely come in contact with a patient's bed. Although every patient in a nursing home is susceptible to bedsores, the majority of cases are easily preventable. The United States Department of Health and Human Services has published clinical guidelines for bedsore prevention since 1992.
These guidelines can be found at this website

In addition, all nursing homes are required to enact, publish, and follow similar guidelines to prevent bedsores. Despite longstanding published guidelines, why is it then that nursing home patients continue to develop bedsores resulting in hospitalizations, medical complications and, in some instances, death?

Basically, the failure of healthcare facilities to employ enough qualified staff members is the primary reason for the high incidents of bedsores. Typically, licensed practical nurses that work in a nursing home setting are less experienced and cheaper to employ when compared to registered nurses. Furthermore, the resident to nurse ratio is very high. The nurses are simply unable to spend the necessary amount of time with each patient to ensure that the guidelines are being followed. Sadly, understaffing at nursing homes is a serious problem that leads to patient neglect.

For example, many residents are immobile and unable to regularly reposition themselves while lying in bed. The guidelines require nurses and aides to physically move these patients every few hours to prevent bedsores. Unfortunately, by the time an overwhelmed nurse gets around to checking on the resident, the two-hour time frame in which a bedsore can develop has already expired.

Similarly, bedsores are also caused by prolonged exposure of the skin to moisture. It is no wonder then that patients who are left to sit for hours in urine soaked diapers and sheets quickly develop bedsores in places that go unnoticed by the nursing home staff and family members alike. Sadly, the situation spirals out of control and the resident suffers because the staff could not make time to provide them with dry diapers and sheets.

So, what should patients do to prevent these devastating injuries? Fortunately, nursing homes fear the civil tort system where juries can hold them financially accountable for failing to follow the guidelines. Family members should not hesitate to seek legal advice if their loved one develops a bedsore. In addition, family members should go to the web, print up several copies of the guidelines and bring them to the nursing home. Family members should sit down with the nursing home's medical director to ensure that the guidelines are being followed with respect to their loved one. They should leave a copy of the guidelines prominently displayed on the resident's bedside table. Finally, family members should follow-up in writing asking the director of medicine and nursing if the guidelines are being followed on an every other-day basis.

The real key is involvement. Family members cannot sit back and blindly trust that their loved ones are in good hands. Most residents are already in poor health when they enter a nursing home facility. Therefore, any neglect can have serious physical consequences. It is only by being a patient advocate in the manner set forth above that family members can ensure that their loved one is receiving the federally and state mandated required bedsore prevention care.

In order to prevent other potential abuses in nursing homes go to our nursing home abuse or our bed sore prevention web pages.

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 firm's website.

More Defective Products from China being recalled.

John Mininno — Wed, 19 Mar 2008 15:49:31 PST

On St. Patricks'day, 2008, Mega Brands Inc. recalled about 2.4 million Chinese-made defective product/toys, because small magnets could fall out and cause personal injury such as internal damage. A week later, the same defective product manufacturer recalled 1 million Magtastik and Magnetix Jr. preschool toys. These toys also contained magnets in the small flexible parts of the animals, vehicles and building sets can detach. Since magnets attract, if more than one magnet is swallowed, the magnets can attach to one another and cause personal injury such as additional intestinal perforations or blockages, which can be fatal. The Consumer Product Safety Commission has received 19 reports of magnets falling out of these toys. In one case a 3-year-old boy needed medical treatment to remove a magnet from his nasal cavity.

Click here for the complete list of defective product recalls.
In order to prevent other defective product personal injuries go to our defective product website.

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 children's safety. His offices are in Collingswood, NJ and Philadelphia, PA. For further information visit our firm's website.

Good seats still available in America's worst nursing homes

John R. Mininno — Sat, 15 Mar 2008 13:18:40 PST

Imagine opening up the newspaper and learning that your grandmother was resting comfortably in one of the nation's worst nursing home. That's right, your elderly loved one's savings and insurance dollars going to paying for care at a facility noted for offenses involving unnecessary use of medication, bed sores, unlawful use of restraints, and inadequate safeguards to protect patients from day-to-day hazards in the nursing home. After initially resisting their disclosure to the folks who paid for the survey- the taxpayers- the Bush administration finally published the names of 131 nursing homes with poor inspection records.

While any nursing home can make mistakes in elder care, the listed nursing homes have institutional deficits that have been ignored far too long. If your loved one is a patient at one of these facilities you should demand to know what steps are being taken to improve. Better yet, move your love one to a better facility - or at least to a facility that is not one of the worst in the country. Click here for the complete worst worst nursing home list.

In order to prevent other potential abuses in nursing homes go to our nursing home abuse website.

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 firm's website.

23 Facts About Medical Malpractice

John Mininno — Sat, 15 Mar 2008 07:20:13 PST

Doctors and politicians like to blame attorneys for the high cost of malpractice insurance but the truth is that doctors make severe errors that hurt or kill thousands of patients each year. Here are the facts.

98,000 deaths each year are due to medical errors. - Institute of Health, National Academy of Sciences (1999)
Deaths by medical errors each year exceeded the number of deaths due to motor vehicle accidents, breast cancer and AIDS. - Institute of Health, National Academy of Sciences (1999)
More than 10% of common surgical procedures are unnecessary or inappropriate. - USA Today(7/24/02)
In the year 2000, the Center for Disease Control found that there were 90,000 deaths due to hospital infections.- Chicago Tribune (7/21/02)
In West Virginia, 40 doctors were found to account for 25% of all of the 2,300 cases of malpractice reported to the West Virginia Board of Medical Examiners since 1993. - West Virginia Gazette Mail
Full and prompt disclosure of medical errors to the patient followed with fair compensation for the injury caused has reduced litigation costs in Veterans Hospitals. - United States Department of Veteran Affairs
Medical errors kill more people each year than auto accidents. - Paul C. Weiler, A Measure of Malpractice: Medical Injury, Malpractice, Litigation and Patient Compensation (1993), Harvard University Press
Medical errors produce more permanent disabilities than do workplace accidents. - Paul C. Weiler, A Measure of Malpractice: Medical Injury, Malpractice, Litigation and Patient Compensation (1993) - Harvard University Press
In New Jersey if a physician has been sanctioned by the Board of Medical Examiners, consumers can find out nothing about the complaints or disciplinary action. - Asbury Park Press (1/31/02)
Getting a formal hearing with the New Jersey Division of Consumer Affairs and its Board of Medical Examiners can take a member of the public up to 2 years. - Asbury Park Press (1/30/02)
Doctors disciplined for gross negligence received on average 3 month suspensions. - Asbury Park Press (1/28/02)
An Asbury Park Press Review of 483 disciplinary records since 1995 showed the Board of Medical Examiners issued reprimands to 3 doctors in 3 cases court. - Asbury Park Press (1/30/02)
20,000 physicians, or 5% are alcoholics, drug addicts, senile, criminals or are incompetent and should not be practicing medicine. New England Journal of Medicine (10/5/87)
Only 1,974 doctors out of 623,000 doctors nationwide were disciplined as a result of their actions. This represents .32% or 3.2 doctors out of 1,000. - Public Citizen Health Research Group Report, September 1993
States do not have the resources available to adequately investigate claims and discipline doctors. 53.6% of the doctors disciplined by the Drug Enforcement Administration (DEA) and 44.6% of the doctors disciplined by Medicare were not disciplined by the states in their disciplinary process. - Public Citizen Health Research Group Report, September 1993
In the year 2000 nearly 3/4 of the deadly infections found in hospitals-or about 75,000-were preventable, the result of unsanitary facilities, germ-laden instruments, unwashed hands and other lapses. - Chicago Tribune (7/21/02)
Deaths linked to hospital germs represent the fourth leading cause of death among Americans, behind heart disease, cancer, and strokes. - Chicago Tribune (7/21/02)
Hospital infections kill more people each year than car accidents, fires and drowning combined. - Chicago Tribune (7/21/02)
Strict adherence to clean-hands policies in hospitals cold prevent the deaths of up to 20,000 patients each year. - Chicago Tribune (7/21/02)
Since 1995, more than 75 percent of all hospitals have been cited for significant cleanliness and sanitation violations. - Chicago Tribune (7/21/02)
About 2.1 million patients each year, or 6% will contract a hospital-acquired infection. - Chicago Tribune (7/21/02)
The deaths of 2,610 infants in the year 2000 were linked to preventable hospital-acquired infections. - Chicago Tribune (7/22/02)
Diagnosis of breast cancer was delayed in 9% of patients in a recent study because physicians wrongly ascribed a benign status to a palpable mass. - Archives of Internal Medicine (6/24/02)

If you or a loved one has been harmed by medical malpractice, you may have a claim for damages. For more information, please go to medical malpractice website.

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.

Fentanyl Patches Recall

John Mininno, Esq. — Sun, 9 Mar 2008 14:03:47 PST

In the month of February, Fentanyl prescription patches were recalled for the second time because of a product defect that could cause patients to overdose on the potent drug inside.

Actavis South Atlantic, the manufacturer admitted that several lots of the patches sold nationwide might have a defect. The dosages are 25-microgram-per-hour, 50-microgram-per-hour, 75 microgram-per-hour and 100 microgram-per-hour. The patches have expiration dates of May through August 2009. A contract manufacturer, Corium International Inc., manufactured the patches for Actavis.

Similarly, in January of 2008 Johnson & Johnson and Novartis AG's Sandoz voluntarily recalled a version of Duragesic that also contains Fentanyl. Again, these manufacturers admitted that certain defects might cause leaks that can lead to fatal overdoses. Those recalled patches, manufactured by Alza Corp. on behald of Sandoz Inc. in the U.S have expiration dates on or before December 2009. The defect is an opening that could result in release of the gel made of the drug Fentanyl inside.

Fentanyl is an opioid-based analgesic. High dosages of Fentanyl can lead to severe cardiac and respiratory arrest especially in the elderly and other chronically ill patients. This patient population uses Fentanyl frequently thus increasing the risk of overdoses and death.

Unfortunately, other than the recall, these manufacturers have provided little else in the way of information as to the dangers associated with these patches. Many patients have no way of knowing whether their patch is defective or harmful. More should be done to warn the elderly and other patients before they are harmed.

If you or a loved one has been harmed by an overdose of Fentanyl after using this patch, you may have a claim for damages. For more information, please go to medical malpractice website.�

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.

Avoiding Medical Malpractice

John Mininno — Thu, 6 Mar 2008 13:07:09 PST

Every day, attorney John Mininno encounters at least one case of medical malpractice that could have been avoided by greater patient involvement. With medical errors at an all-time high, patient advocacy has come to the forefront of national concern. The U.S. Department of Health and Human Services has even dedicated the first week of March to national patient safety and awareness in hopes of curbing this trend. In response to these growing concerns, Mininno offers five practical tips to avoid becoming the victim of medical malpractice.

1. Actually read the consent form and ask questions: Fighting the temptation to skim the consent form and get on with the show? Think again. "A safe patient is an informed patient,' says Mininno. Although medical forms can be overwhelming, Mininno encourages patients to get involved in the process. "Find out exactly who will be performing the surgery, what are the risks or possible side effects and if there are any alternative treatments. More importantly, don't be afraid to ask your doctor how many times he or she has actually performed the surgery that you are about to undergo.' If you are not satisfied with the answers you receive, Mininno suggests postponing the procedure until you find a doctor who can answers these questions.

2. Do not assume your doctor has a crystal ball: By providing a very clear and detailed medical history, you will avoid becoming the victim of inappropriate medical treatment. "Prior medical conditions can affect your doctor's choice of treatment. This is especially true in an emergency room setting where you do not have a relationship with the particular doctor treating you,' says Mininno. This is also true regarding primary care physicians who see hundreds of patients on a daily basis. "Don't assume your doctor remembers everything about you and your medical history. It's just not possible.' To ensure you are prescribed the appropriate medication and given the right treatment, Mininno suggests compiling a list of your current medications and their doses (including over the counter drugs and vitamins). "Having a list prepared ahead of time ensures that you will not forget to tell the doctor something that could be a key to your treatment options.'

Check (and double check) all prescription labels: Whether it's a pharmacist that can't read the doctor's handwriting or a misplaced decimal point, statistics show that millions of patients each year are affected by simple medication errors that can easily be avoided. Mininno insists that increased awareness can solve this problem. "While the doctor is writing the script, ask exactly what you are being prescribed and what dose will you be taking. Then when you get to the pharmacy, make sure the label matches what you have been told.' Mininno also advises that you become familiar with the section of the label that describes what the pill should actually look like. "If you don't feel that the pill you have in the bottle matches the label, call your pharmacist immediately.'
3. Physically mark the site of your surgery: Although this suggestion sounds silly, doctors are actually supposed to mark with a pen the site you will be operated on. "Unfortunately, many doctors ignore this rule and patients end up losing the wrong limb or getting a totally different surgery than what they signed up for,' says Mininno. Instead, Mininno strongly urges that you take matters into your own hands and physically designate with a pen or a marker the site of your operation and the intended location of the incision.

4. Honesty is the best policy. Mininno encourages patients to remember that doctors are there to help you, not judge you. Therefore, he insists that it's important to be open and honest with your doctor in every situation. "Sometimes patients are embarrassed to tell their doctor if they are taking medications not prescribed to them or if they have a substance abuse problem. Or it could be as simple as failing to tell your doctor that you never went on that diet program from the previous month.' Either way, Mininno states that you are setting yourself up for a problem. "If your doctor can not assess the true nature of the situation, you may be prescribed a deadly medication combination or be given treatment for the wrong issue.

Why Neonatal Testing Should Be Mandatory

Jeff — Mon, 18 Feb 2008 17:25:03 PST

In March, Nation Public Radio ran an interview with Elizabeth Weil about her New York Times Magazine story "A Wrongful Birth?." The interview and article surround the story of a family who received substandard prenatal care from their obstetrician, which ultimately lead to their birthing of a very sick child. Their son AJ was born with an easily detectable, yet extremely rare condition, which will lessen his life expectancy and leave him mentally and physically challenged throughout his shortened lifetime. The family sued their doctor, who should have made them aware of the condition before the third trimester (when abortion is no longer allowed), and was awarded by a New York State Court the money to care for the child for his lifetime. While the award was a substantial sum of money, the costs for raising such a disabled child for his lifetime will be substantial as well. Consequently, New York does not legislatively allow the awarding of damages to the parents for the trauma resulting from such malpractice.

Weil"s article and interview are very interesting and educational. Unfortunately, she jumps over the most important issue in all of this. At one point, she writes, "The ethics of selective abortion are being hashed out in the courts." Earlier, in her interview, she also explains that the parents of the child started the malpractice lawsuit, because they felt that, "they were deprived of that choice" to terminate pregnancy. The issue in these cases is not whether the courts are hashing out our national ethics. If anything, it would be the politicians who have carved out our ethics for us. From abortion to drugs, the politicians decide what is OK and what is not OK. Here, the politicians have decided that we all have the right to a choice. They have not decided whether or not it is OK to terminate a pregnancy based on whether or not the child is blind, or deaf, or retarded, or disabled. None of this is decided for us. The courts have not hashed this out for us. The point is whether or not we get to make these decisions for ourselves. We pay doctors for a particular type of care and if it is not received - depriving us of the choices we are guaranteed in this country - than this is malpractice. How is this, "the court hashing out our ethics?" What people choose to do with the information given to them by their doctor is their choice. There is no place for ethics in a debate about whether or not doctors should have any control over neonatal testing, because this type of medical malpractice can lead to the sickness and death of our children.

If you or a loved one has been harmed by medical malpractice, you may have a claim for damages. For more information, please go to medical malpractice website.

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.

Medical Malpractice Caps Favor Insurance Companies Instead Of Protecting Injury Victims

Jeff — Sat, 7 Jul 2007 19:41:48 PST

BusinessReport.com ran a story this morning about two medical malpractice lawyers in Louisiana. The lawyers are trying to fight the medical malpractice cap adopted by the State of Louisiana, one of twenty-five states to adopt such legislation. At simplest, these caps put a roof on the possible rewards for victims of medical malpractice. In Louisiana, and some other states, the cap is $500,000. In the case in which these two Louisiana lawyers are fighting the cap, a thirteen year-old girl, who had to have her leg amputated because of malpractice, was awarded by a jury of her peers around $3.5 million dollars. She cannot and will not receive this award, because of the cap.

It reminds me of the way in which politicians have tied the hands of judges in mandatory minimum sentencing legislation. Just as a judge, whose been appointed or voted to the bench by us, cannot use his or her expertise to sentence and rule on criminal trials, so too are juries of our peers prevented from making determinations based on their own humanity and understanding of medical malpractice cases, such as this one. So, inevitably, we ask why?

This article from BusinessReport explains quite accurately that the caps exist to prevent medical malpractice insurance providers from raising insurance premiums to the extent that doctors will avoid practicing medicine in states with high premiums. This would lower the quality of health care in certain states. This logic is upsetting in two ways. First, the discussion of whether or not the health care quality has increased in those states seems a bit undercut by way of its context: a thirteen year old girl who's missing a leg, because of malpractice in a state with a cap. Second, its an example of politicians trying to legislatively control our legal system (to the detriment of the average American) by tying the hands of juries, rather than trying to legislatively control the big-business insurance companies, who are hiking up doctors' medical malpractice insurance rates. To this day, the purchase and regulation of car insurance has been legislatively mandated by our federal government. Why not control the medical insurance companies rather than risk a fall-out of quality health care and the deprivation of reasonable rewards to children who have suffered from medical malpractice? They have shown no reason why they cannot regulate the insurance premiums, rather than the victim's rewards.

If you or a loved one has been harmed by medical malpractice, you may have a claim for damages. For more information, please go to medical malpractice website.

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.

Should Parents Decide Whether Their Infant Is Screened For Treatable Diseases?

Jeff — Thu, 28 Jun 2007 16:11:21 PST

LiveScience.com ran a story last week about a Nebraskan couple who did not want any health screenings for their newborn. The couple was appealing mandatory testing laws that exist in every state, claiming that it was a violation of their freedom of religion. The couple practices Scientology. The mandatory health screening consists of nothing more than drawing blood from the baby's foot and then testing it for rare health diseases that can be cured. Some of these diseases can lead to brain damage and even early death.

The parent intentions are honorable. They claim that their religous practices prohibit such testing. However, the religous textbook cited in the article does not state in bold letters. "Do not use this test." If it did, then maybe, just maybe this rule violates their freedom of religion. Their cited text makes only vague references to medicine and they have extrapolated their own interpretation to determine that test their child would be in violation of their tenets. However, it is not convincing to me that anyone - the baby in question for example - would consciously choose retardation or death and scientology over good health and some other subsequently remaining belief system. The real question in this case is whether or not parents can control the religion that their children will practice, by way of risking said child's health at birth.

How do we answer such a question? Perhaps, just as this family is appealing their claim under the constitution, and the first amendment from the bill of rights, the framer's can shed some light on this topic. The Declaration of Independence, the founding document of this nation, declares that all men have certain unalienable rights, such as life, liberty and the pursuit of happiness. These certain unalienable rights apply today, and were the founding concept of this nation. They unquestionably mean that everyone has a choice in their own path. We must consider these rights as applying to an infant child, and further, assume that they are the three things that would be most important to this child, just as they're the most important rights upon which this country was founded. It seems evident that good health would fall under these rights. However, this is a difficult question which will be debated for some time.

If you have a question regarding a birth injury or other medical malpractice,please go to birth injury webpage.

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.

Myth - Malpractice Insurance Premiums Driving Doctors Out of Business?

Wed, 16 May 2007 13:52:42 PST

A new study that will appear in the May/June issue of the journal Health Affairs debunking the claims of the American Medical Association (AMA) and malpractice pundits in Washington that high malpractice insurance premiums are driving doctors out of business.

The study reveals that malpractice rate have actually declined. Based on year 2000 dollars, mean malpractice premiums increased from $5,934 in 1970 to $20,106 in 1986, and then declined to $15,478 in 1996. Premiums rose from 1996 until the AMA discontinued the surveys in 2000, when mean premiums were $18,400, still lower than 1986, the study said.

However, the study conceded that when you look at percentage of total practice expenses, premiums haven't changed that much. In 1970, they were 6% of expenses. They then rose to 11% in 1986, dropped to 6% in 1996, and rose slightly to 7% in 2000.

Nevertheless, the Chambers of commerce and other groups who want to limit the public's access to the courts will continue to spend millions of dollars each year to convince ordinary citizens that their is a lawsuit crisis in this country.

Source: Forbes.com

What's more frivolous? Medical Malpractice Claims or the Doctor's Defenses

Jeff — Tue, 15 May 2007 15:44:27 PST

Insurance industry lobbyist continue to pay millions of dollars to portray trial attorneys as evildoers who are directly responsible for high medical insurance rates and driving doctors out of business. Malpractice attorneys respond that they are protecting the rights of those who were wrongly injured and deserve compensation.

Both sides cite a study conducted of 1452 malpractice cases conducted by David M. Studdert, an attorney and health-policy researcher at the Harvard School of Public Health in Boston, as evidence for their side.

The actual numbers are as follows:

37 cases had no injury, 6 were compensated
515 cases involved injuries but no medical errors, 145 were compensated
889 cases involved injuries and errors, 236 were not compensated

Ideally, we'd want all 889 deserving cases compensated and the 552 undeserving cases thrown out. Clearly, there's room for improvement. That said, here's the media's take on this.

The sympathetic view, argued in this ScienceNews.org article, reports that

The majority of payments from insurance companies went to people who had been harmed by medical errors, not to people with baseless claims, the data show. That suggests that "moves to combat frivolous litigation will have a limited effect on total costs," the authors say.

The study also found that about 85% of cases were settled out of court and of those that did go to trial, about 80% lost.

That said, the researchers found that 97% of the patients did suffer some type of harm. In about one-third of the cases, the damages weren't clearly attributable to medical negligence or misdiagnosis and in such cases, most were not compensated.

Among the plaintiffs who received compensation were 6 uninjured people and 145 injured individuals whose injuries had not been convincingly linked to medical error. On the other hand, 236 plaintiffs who did suffer an injury from medical error received no compensation.

"This research shows that the problem with medical-malpractice litigation is not that too many undeserving people get paid, but rather that not enough deserving people get paid," says Tom Baker, an attorney at the University of Connecticut in Hartford.

Nevertheless, 73 percent of plaintiffs whose claims had merit received compensation, according to the study. That figure suggests that the fact-finding involved in litigation, although expensive and time-consuming, "does a pretty good job of sorting out valid from invalid claims," says Neil Vidmar, a social psychologist at Duke University in Durham, N.C.

A much less sympathetic view,comes unsurprisingly, from the American Medical Association. This group cites the same study as proof that

a substantial number of meritless claims continue to slip through the cracks, "clogging the courts" and forcing doctors to waste time defending them

Still, like doctors, most trial lawyers don't want to spend time and effort on groundless cases. Many work off a contingency fee and only get paid if the claim is compensated. They spend hours carefully screening cases and only take cases that have true merit and deserving victims. To them, it doesn't make sense to bring a frivolous lawsuit that could take upwards of 6 years and thousands of dollars out of their own pocket and not be compensated for their efforts.

If you or a loved one has been harmed as a result of medical malpractice, you may have a claim for damages. For more information, please go to medical malpractice website.

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.

Jury Awards Nearly $800,000 in Medical Negligence Suit

John Mininno — Thu, 26 Oct 2006 07:10:15 PST

Today, October 23, 2006, a Camden County jury found in favor of The Family of Mr. Robert Boylan in a medical malpractice suit. The defendants were B. Dawson, Shoemaker, M.D., Joseph Szgalsky, M.D.and Megan Vermeulen, M.D. The jury found both Dr. Shoemaker and Dr. Szgalsky responsible. The jury awarded nearly $800,000 in damages. The trial lasted three weeks before The Honorable Ronald J. Freeman. The jury deliberated 2 1/2 days. Attorney for the family of Robert Boylan was John R. Mininno, Esquire of the Mininno Law Office.

If you or a loved one has been harmed by Medical malpractice, you may have a claim for damages. For more information, please go to medical malpractice website.

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.

Why New Jersey Should Extend the Time Limits of Its Statutes of Limitations

Jeff — Mon, 10 Jul 2006 13:45:32 PST

A statute of limitations is a law that effectively places a time limit on suing another party. While there are some important reasons for having statutes of limitations, there are also some good reasons why these time limits in New Jersey are too short. In New Jersey, the limitations on suits for Personal Injury, Negligence, Wrongful Death and Medical Malpractice are all two years after the discovery of the injury. The date of the discovery of the injury is included in the two year period. While at first two years may seem like a reasonable amount of time for some injuries, it certainly is not for many others.

Consider a hypothetical situation where a patient, with no family to act on his/her behalf, suffers from some kind of substantial medical malpractice that makes a short hospital visit into one taking months. This incapacitated patient discovered the malpractice as soon as it occurred, leaving him two years to bring a suit against the doctor or hospital. Because of the hospital stay and because this patient has no family to act on his/her behalf, s/he is left with very little time to bring a lawsuit, for which preparations can be time-consuming. Choosing the right lawyer in itself can be a difficult task and is the most important part of bringing a successful lawsuit. A victim, such as the one in this hypothetical, is left with little time to act, because of this short time period from the New Jersey statute of limitations.

In some states, these statutes of limitations are even shorter for medical malpractice than other types of professional malpractice suits, such as suing lawyers or financial advisors. New Jersey ought to do two things for its citizens. First, they must disseminate these laws to the public. Many people in New Jersey have no idea that a time limit exists on these types of law suits and, therefore, fail to bring them within a timely fashion. Second, the politicians should reconsider the time limits that these laws create. While total abolishment of the Statutes of Limitations would not be a perfect solution to this problem, extending the time limits to a more reasonable amount of time for a victimized party is necessary. It appears as though these limitations protect the party who has caused harm to another, rather than the other way around.

8 Million Children Are Born With A Serious Birth Defect Each Year Says March of Dimes

Jeff — Sun, 9 Jul 2006 14:19:29 PST

The March of Dimes website has released the findings of their international research department's study of world wide birth defects. The official report includes staggering statistics, explaining that, "Every year an estimated 8 million children -- about 6 percent of total births worldwide -- are born with a serious birth defect of genetic or partially genetic origin..." While the official numbers appear to be lower in higher income nations, this percentage is unnerving when considered in the context of our health care system.

In our nation of freedom, we should be able to not only prevent these birth defects by way of higher quality screenings during pregnancy, but also prevent bringing a child into this world in such horrible circumstances. Parents must be able to prevent wrongful births and should be given the option to do so by physicians who do not interject their moral or religious positions upon their patients. The law in this nation stands as pro-choice. Just as pregnant women can choose to terminate pregnancy for a plethora of reasons, so should parents be able to prevent their birthing of a baby who may be born with a terminal illness.

The article from the March of Dimes includes a quote from one of the researchers: "The human toll of birth defects is even greater when one considers the impact of lifelong disability on children, their families, and society," says Michael Katz, M.D., senior vice president for Research and Global Programs at the March of Dimes. If more doctors took a position that excluded their personal opinion and included an objective, professional opinion, then they would likely come to a similar conclusion as Dr. Katz. While Katz's international research portrays a more worldly understanding of these issues, it is inexcusable for a nation such as ours - one with such good medicine and such freedoms - to do so little to prevent these birth defects and wrongful births.

If you or a loved one has been harmed by medical malpractice, you may have a claim for damages. For more information, please go to medical malpractice website.

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.

Medical Malpractice and Cosmetic Surgery

Jeff — Mon, 26 Jun 2006 18:04:57 PST

On Friday, June 23rd, a Superior Court judge decided not to overturn a civil jury's decision to rule against medical malpractice on the part of surgeon Dr. Richard Marfuggi. The Daily Record, a local newspaper in New Jersey, explained that Marfuggi is a renowned plastic surgeon, who specializes in breast implant and reduction surgeries. Deborah Wrede, the patient, claims that Marfuggi left her "mutilated and flat chested," reported the Record.

Regardless of the particulars, this case's broader implications of cosmetic surgery and medical malpractice may continue to be a point of contention in New Jersey courts. The question for a jury in a medical malpractice case is whether or not a doctor deviated from the standard of care that any reasonably prudent doctor would hold him or herself to in the same or similar situation. The interesting part of this case is that it focuses on cosmetic surgery, not critical surgery. For critical surgery, courts have ruled to expose a brightline standard, making the jobs of future juries less speculative. For an extreme example, imagine a minor surgery, such as the removal of a benign cyst, which results in the death of a healthy patient. It seems relatively clear that this would be gross malpractice, because no patient should die in that situation.

Here, in the cosmetic realm, this jury has espoused through its ruling that, whether or not a doctor meets the specifications of a patient, he or she may still be acting "prudently." It does not seem reasonable for a patient to be so displeased with cosmetic work that she would say of herself to be "mutilated," yet still have to pay a doctor for his so-called "prudent" work. Breast reduction surgery seems to be a fairly common surgery in this day and age. If this case is seen as precedence for cases to come, it may be hard for displeased patients of cosmetic surgeons to win civil suits against them. Fortunately, in the counter, if this trend continues, then low quality surgeons will likely lose their business altogether, because of the patient's inability to protect themselves from possible malpractice. Perhaps this case can teach both doctors and patients a lesson.

PA Bar Association Claims Medical Malpractice Crisis of 2002 Resolved

Jeff Beer — Wed, 21 Jun 2006 21:10:55 PST

The Pennsylvania Bar Association's reforms for the resolution of the "medical malpractice crisis" of 2002 have proven successful, reports local newspapers this morning (The Patriot) The report was conducted by Duke University.

Compensation for claims of medical malpractice dropped almost $50 million alone in 2004. Most seem elated at the smaller number of claims of medical malpractice in Pennsylvania state court - most of the doctors that is. The staggering statistics in the report, such as how there were a thousand less medmal claims filed in state court in 2005 than in 2000, only portray fewer cases and not an increase in the quality of medical care provided. And as mentioned before, less rewards for claimants were granted by state courts yearly. So, obviously, the crisis is over.

These results should probably be explained more clearly, because my confusion is yet to be resolved. By making sure doctors get sued less for their inability to apply the appropriate standard of care for the patient, it surely appears the crisis is resolved. Well done, PA.

Furthermore, once the tragedy of a doctor's inability to apply the appropriate standard of care for the patient has transpired, we may only collect limited financial compensation, because compensatory rewards were also part of the crisis. Thanks PA.

Heart Risk Falls When Patients Stop Taking Vioxx

Wed, 17 May 2006 20:04:24 PST

There's good news for Vioxx patients. It seems that cardiovascular risks decline when patients stop taking the drug.

Merck continued its 3 year Vioxx study for a 4th year.

Those fourth-year results, as analyzed by Merck and released yesterday, showed that former Vioxx and placebo users reported a nearly similar rate of cardiovascular events. Among 2,178 patients, 28 formerly on Vioxx and 16 formerly on placebo suffered confirmed thrombotic cardiovascular events. An undisclosed number died.

Peter S. Kim, head of West Point-based Merck Research Laboratories, said the 28-to-16 difference is not statistically significant and might be due as much to chance as to the drug itself.

Merck recalled the drug on 9/30/2004 after study data suggested that Vioxx increased risk of heart attack and stroke in people taking it longer than 18 months.

Merck faces at least 11,500 personal injury lawsuits and 190 class action lawsuits. The company is now 50/50, having won 3 and lost 3 trials.

Source: Philly.com (Subscription required)

Welcome to the Mininno Law Office Blog

Krista — Tue, 9 May 2006 09:30:41 PST

We've created the Mininno Law Office to keep you up to date on current legal news in the areas of Personal Injury, Medical Malpractice, and Criminal Defense.

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