Tag: Lawsuit

Should a Price Tag be put on Good Medical Care?

There has been much debate about health care over the last few months. One of the issues that is being brought up over and over again is whether or not tort reform and limits on malpractice suits actually will save money. Some people say it does because doctors will not have to spend so much money ordering special tests and treatments for patients when it may not be needed. Should a price tag really be put on good medical care? What if a doctor did not order a test or treatment because they thought it was not needed and then later discovered that it could have helped? For situations like these that happen every day in millions of hospitals, doctor’s offices, and nursing homes in every state, we still need our malpractice rights. It is still possible that even with universal coverage those doctors may make a medical error either because they want to cut a cost or because they just did not pay enough attention. States that have medical malpractice caps and tort reform are not actually saving any more money than those who do not have them. So why should we deny patients the right to good medical care and treatment when we are not really saving any money by doing so? Everyone, even the doctors that see patients every day, should have the right to speak up if their medical care is inadequate or if there is a problem. This should be a basic right as a person and an American. Malpractice caps do not save money on health insurance so why take away a person’s right to good medical care and treatment and the right to sue if they do not receive it? The logic just does not make sense.

People in this country have the right to free speech as well as many other rights and that should always include the right to speak up about medical errors and malpractice. These rights should be totally different than the health insurance debate because there should not be a price tag on person’s right to good proper medical care.

If you would like more information on the health care debate and malpractice rights, you may visit this link.

If you or a loved one has been injured or abused due to improper medical care, contact a medical malpractice lawyer right away. They will help you advocate for your right to be heard and receive the care you deserve.

Chamber of Commerce: Business As Usual at a Theater Near You

In what seems to be an endless bombardment of spin campaigns, the chamber of commerce has now cracked into the movie business, by releasing a trailer to be shown in Washington, D.C. area theatres. Titled’ “The Faces of Lawsuit Abuse,” The Chamber has once again launched an attack against the world’s best legal system in an attempt to shield their exclusive members from lawsuits.

By shamelessly exaggerating isolated issues of what some would call questionable legal practices, the chamber is attempting to invalidate the entire civil legal system of the United States. Although they insist that their goal is to protect everyday citizens from greedy trial attorneys, the truth is that this campaign is just a new phase of their longstanding credo that negligent corporations should never be held accountable. Period.

The consequences of the chamber reaching their goal would be disastrous. Throughout American history, the legal system has combated against the corporate structure and won the right to protect its citizens from the profit driven manufacturers of today’s modern society. From the food we eat, to the toys our children play with, all products sold to consumers today would not be nearly as safe as they are if it were not for the modern legal system. If the Chamber had its way, parents would have never been able to sue when a defective crib killed their child, veterans of Vietnam would not have been compensated for their exposure to deadly toxic agents, and citizens would have never been properly warned of the dangers of tobacco.

The irony of it all is, that while the Chamber doesn’t want everyday Americans to use the legal system, they are actually one of the biggest lawsuit-filers in Washington. Except in their case, Chamber sues on behalf of Wall Street banks, oil companies, and lead paint manufacturers.

Let the government know how you feel about this immoral attack on the best legal system in the world. Write to your local and state representatives and let them know that you do not want the Chamber of Commerce walking on our constitution in order to protect the wallets of its contributors.

Medical Malpractice Attorney in NJ

Legal Side Effects or Legal Remedy?

In May’s issue, Kate Wilcox stated that a recent U.S. Supreme Court’s decision left drug companies “wide open for lawsuits” because it allowed juries to hold negligent drug companies accountable for harm they cause. The principles expressed by the Supreme Court in the Wyeth decision require federal regulations to improve transparency and public participation in the FDA regulatory process. Also, the decision recognized the state civil justice system provides an additional protection against billion dollar pharmeceutical companies when government regulations fail, and therefore agencies must limit their attempt to preempt state law, except in cases when Congress has explicitly stated its intent to do so. The decision upholds laws that are much needed, especially in light of the long standing practice of pharmaceutical companies to sponsor and pay for the, “research,” of the drugs they make. This practice allows the companies to market the drug’s positive effects while concealing the dangerous side effects that harm patients. The Court’s decision upholds important constitutional rights afforded to all citizens in this country and should be welcomed by a journal that promotes scientific study.

Contact an Attorney in PA
Contact an Attorney in NJ

Mininno Law Office: In The News

The following is a letter from John Mininno the Courier Post (South Jersey), published on May 24, 2008:

Re: “White House moves to make it harder to sue businesses” (C-P May 13).

Thanks to the Courier-Post for highlighting the Bush administration’s latest “war” — this one against people who have been injured by defective products. As reported, big business, pharmaceutical giants and insurance lobbyists have spent their considerable resources lobbying the White House to use federal agencies such as the Food and Drug Administration (FDA) to implement rules making it virtually impossible for victims to be compensated when injured, killed or maimed by defective or dangerous products.

Congress and the courts have both previously rejected this back-door tactic. Why? Probably because of the outrage from American consumers who, this year alone, have seen toxic dog food, poison toothpaste, lead paint toys, unsafe child seats, contaminated heparin and dangerous drugs such as Vioxx and Trasylol. Every day, hundreds of lives are lost and thousands are injured from defective products, drugs and malpractice.

The Bush administration’s secretive tactics seek to take away our constitutional right to a trial by jury in civil cases. Juries make our community safer by ensuring defective product manufacturers, drug companies and negligent doctors meet their full responsibility for any harm they cause. If a drunk driver chooses to get behind the wheel of a car and kills a working father, shouldn’t his family have the right to go to a jury and seek full compensation? Why, then, should a large corporation be shielded from a jury when it produces a dangerous or defective product that hurts our loved ones?

If the insurance lobbyists and the Bush administration truly want to use federal agencies such as the FDA or the Consumer Product Safety Commission to “curb lawsuits,” then I suggest they require these agencies to focus on their real mission. Ensuring that products and drugs are thoroughly tested and deemed safe before making their way to American consumers. Safe consumers have no reason to file a lawsuit. It’s really just that simple.

JOHN MININNO

Collingswood

Do I need a lawyer to file a medical malpractice lawsuit in NJ or PA?

First of all, why would you want to file a medical malpractice lawsuit on your own?!

Do I believe that an average, intelligent person can handle their own divorce or file suit in small claims court?  Absolutely.  However, when it comes to medical malpractice lawsuits, I firmly believe that a person must be represented by an experienced trial attorney.

Most licensed attorneys won’t even take a medical malpractice case because they are so complicated and risky.  Hospitals have deep pockets and hire only the best lawyers to handle their medical malpractice suits.  These attorneys have exceptional trial skills and comprehensive medical knowledge.  If the majority of practicing attorneys refuse to go up against these guys, why would an average, intelligent person want to do the same?

Furthermore, consider the expenses that go into a medical malpractice lawsuit.  Experts cost thousands of dollars.  Doctors charge thousands of dollars just to show up in court.  Medical records cost money.  Independent medical examinations cost money.  A lawyer may literally spend $100,000 before he/she even steps foot in a courtroom!  That’s a heavy burden for a small law firm, let alone an injured person living off of a disability check or SSI because of their injuries.

I’m sure the number one reason that someone would want to file their own medical malpractice lawsuit is because they do not have money to hire an attorney.  While that may be a legitimate concern in other areas of the law, medical malpractice lawyers work on a contingency basis.  This means that we do not get paid unless the client wins.  If god forbid we loose, all of the expenses listed above come out of the attorney’s pocket– not the client’s.

So if you are truly hurt and are counting on a settlement just to get by for the next few years, why would you risk that chance by trying to handle things on your own?  I may have drills in my toolbox, but if I need a root canal, I’m going to the dentist!  I don’t have the skills or know-how to perform my own dental work.  The same holds true with medical malpractice lawsuits.  If you are hurt, don’t jeopardize your chances of winning your lawsuit and being able to put money aside to take care of yourself in the future.  The hospital or doctor you’re suing WILL hire a professional, and I suggest you do the same!

Hopefully now you’ve changed your mind about going at it alone!  If you are ready to contact an experienced medical malpractice law firm, we would be more than happy to help you with your case.  Either fill out the case evaluation form on the left side of the page, or call (856) 833-0600 in New Jersey or (215) 567-2380 in Pennsylvania.  A medical malpractice attorney and licensed nurse will contact you within 12 hours.

For further information on medical malpractice lawsuits in New Jersey and Pennsylvania, click on the following links:
New Jersey Medical Malpractice Attorneys.

Your Opinions on the Recent Trasylol and Heparin Recalls

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.

Free Legal Advice: Mininno Law Office

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

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.

Free Legal Advice: Medical Malpractice

Dennis Quaid Takes on Medical Errors & Baxter Heparin

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

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

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

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

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

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

New Jersey Medical Malpractice Attorney

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Mininno Law Office