Author: Angela Leone

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

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

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

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

Free Legal Advice: Medical Malpractice

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

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

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

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

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

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

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

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

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

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

New Jersey Medical Malpractice Attorneys

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

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

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

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

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

Free Legal Advice: Medical Malpractice

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

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

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

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

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

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

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

Prescription drug Singular linked to suicide and behavioral changes

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.

Free Legal Advice: Medical Malpractice

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

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.

Free Legal Advice: Birth Defects or Injuries

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

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.

Free Legal Advice: Nursing Home Abuse

The Mininno Law Office Blog Joins the Technorati Community

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Patient’s advocate to preventing bedsores

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.

More Defective Products From China Being Recalled

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 products 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.