Category: blog

Protect the Elderly: Support the 2008 Fairness in Nursing Home Arbitration Act

This week, the Senate Special Committee on Aging will hear arguments regarding the “2008 Fairness in Nursing Home Arbitration Act” (S. 2838). This act would eliminate pre-dispute binding mandatory arbitration (BMA) clauses in nursing home contracts. Without this legislation, senior citizens will be denied the right to a jury trial in the event of abuse or neglect. Nursing homes will also avoid public accountability and exposure for such abuse, as arbitration hearings are kept private and confidential. It is for these reasons that we as citizens must speak out in favor of this bill.

An online petition letter in favor of the “2008 Fairness in Nursing Home Arbitration Act” can be found here on the Public Citizen website. The letter reads as follows:

Dear Senator:

I am writing to urge you to support the Fairness in Nursing Home Arbitration Act, S. 2838, introduced by Senator Mel Martinez (R-Fl.). This important legislation would eliminate pre-dispute binding mandatory arbitration (BMA) clauses in nursing home contracts.

Binding mandatory arbitration clauses have been showing up in credit card, employment, and insurance contracts, and now they are being used to take advantage of the elderly and their families – by blocking residents from taking nursing homes to court and holding them accountable for harmful practices. BMA benefits nursing homes at the expense of the elderly because they use it as a means to evade accountability and limit their economic liability for any harm they cause.

There are several reasons why the Fairness in Nursing Home Arbitration Act needs to be passed.

First, most nursing-home residents and their families are unaware of arbitration clauses in admission documents. And they wouldn’t be permitted to negotiate the clauses even if they knew about them.

Second, the lack of any meaningful review of arbitration decisions creates a climate ripe for abuse. The arbitration process is secretive and the courts have little involvement. This bill would allow the courts to decide the enforceability of these binding mandatory arbitration clauses in contracts.

Third, arbitration companies are beholden to the nursing homes that hire them for repeat business, which creates a bias. For example, public data published in Public Citizen’s report “The Arbitration Trap: How Credit Card Companies Ensnare Consumers” show that one California arbitrator decided 526 of 532 cases in favor of business — a mere 1.14 percent for the ordinary consumer.

It’s time to enact the Fairness in Nursing Home Arbitration Act and restore accountability for nursing homes that don’t take care of their residents.

Thank you for listening to a constituent. I look forward to your reply.

Sincerely,

(Insert your online signature)

I encourage you to take a minute and electronically send this letter to your state senator. I would also encourage you to email the form to as many people as possible. We must speak for those who do not have a voice. In this case we must stand up for elderly men and women that do not realize the implications of the “fine print” on the nursing home admission form. This “fine print” is simply a loop hole for million-dollar elder care facilities to continue “business as usual” without having to worry about bad press or lawsuits in the event of abuse or neglect.

Thislegislation is the only way to force bad nursing homes to clean up their act, rather than putting a legal muzzle on innocent victims of abuse and neglect. Therefore, please take this opportunity to tell your representatives that you support the 2008 Fairness in Nursing Home Arbitration Act and urge him/her to act quickly to pass this important bill.

Thank you in advance for your support regarding this urgent matter!

Related Information:

Find a Nursing Home Attorney

Bedsores are Negligence: Learn your rights!

FDA Issues Warns Anti-Psychotic Drugs Increase Mortality Risk in Elderly Patients

The FDA released the following statement today regarding anti-psychotic drugs and the risks that they pose to the elderly:

FDA notified healthcare professionals that both conventional and atypical antipsychotics are associated with an increased risk of mortality in elderly patients treated for dementia-related psychosis. In April 2005, FDA notified healthcare professionals that patients with dementia-related psychosis treated with atypical antipsychotic drugs are at an increased risk of death. Since issuing that notification, FDA has reviewed additional information that indicates the risk is also associated with conventional antipsychotics. Antipsychotics are not indicated for the treatment of dementia-related psychosis. The prescribing information for all antipsychotic drugs will now include the same information about this risk in a BOXED WARNING and the WARNING section.

Read the entire 2008 MedWatch Safety Summary, including a link to the FDA Information for Healthcare Professionals regarding this issue at: this link

Related Information:

Nursing Home Abuse Information

Chantix Carries Serious Risks for Users, Banned Among Pilots and Truck Drivers

The smoking cessasion drug, Chantix, has come under fire this month after reportedly causing 988 serious injuries among users.According to a study published by the Institute for Safe Medicine Practices, the 988 injuries were recorded in Pfizer’s fourth quarter alone—which was more than any other drug during that time period.

The reported side effects of Chantix include the following:

  • Suicide or Suicidal thoughts
  • Aggression and hostility
  • Accidents and Falls
  • Life threatening cardiac rhythm disturbances
  • Severe skin reactions
  • Seizures
  • Diabetes
  • Psychosis
  • Acute myocardial infarction

As a result of these severe side effects, the Federal Aviation Administration and Federal Motor Carrier Safety Administration have banned all pilots, air traffic controllers and truckers from using the drug. Unfortunately, The FDA and Pfizer continue to insist that the benefits in the area of smoking cessation outweigh the potentially fatal risks associated with Chantix.

I would encourage patients who have experienced side effects after using Chantix to immediately file a report with the FDA. The online reporting form can be found at: http://www.fda.gov/medWatch/report/consumer/consumer.htm

Similarly, if you have experienced any of the side effects listed above, you may have a case against the drug manufacturer for your injuries. If you wish to discuss your rights, call (856) 833-0600 in New Jersey or (215) 567-2380 in Pennsylvania or fill out the form on the left side of the page.You will be contacted by our nurse within 24 hours.

Related information:

Medical Malpractice Information

A father’s day gift: support the “fairness in nursing home arbitration act”

Imagine the scene.  You are sitting with your elderly dad in a nursing home’s admission office. On the floor are suitcases packed with his clothes, personal belongings, family photos and memories. You watch as the admission officer hands over a package containing hundreds of forms that need to be signed.  His hands shake as he begins to sign the forms.  Moments later, he is taken to his new “home” where, you know, he will live out the rest of his life.

While it is undoubtedly painful, putting Mom or Dad into a nursing home is sometimes necessary when they require around the clock care. In general, a nursing home’s admission office is frequently the scene of tears and anguish from grown children overwhelmed by the guilt of abandoning a parent to the home.

However, according to recent reports, insurance carriers and corporate nursing homes are seeking to capitalize on this vulnerability by sneaking a contract clause into the preadmission forms that take away rights guaranteed by the US Constitution and the Constitution of 48 states. This includes Mom or Dad’s right to a jury trial, the right to attorney’s fees and, the right to the full measure compensatory damage and/or punitive damages in the event of nursing home abuse or neglect.

Nursing homes present these clauses as a “take or leave it” deal. There is no mutuality.  Mom or Dad is not permitted an opportunity to negotiate the terms and no lawyer is present to advise them. They are kept in the dark regarding the problems that persist in the nursing home industry and, protecting their legal right is the last thing on their mind as they sit in the admission office with their suitcases and belongings.  If Mom or Dad refuses to sign, they are turned away from the door of the nursing home, despite their need for round the clock care.

At this point, you may be wondering why insurance companies and big corporate nursing homes try to slip these clauses into every contract?  For starters, they recognize the vulnerability of Mom or Dad during the admissions process.  Also, by taking away Mom or Dad’s right to gain access to the courts, corporations no longer have to worry about their wrongdoing being exposed. Access to the courts is our most effective means of holding companies accountable for their actions. Forcing Mom or Dad to waive their rights to sue is just another way corporations place themselves above the laws that are created and intended to protect us.

In our civil justice system, wrongdoers are supposed to be held accountable for the harm they cause.  Innocent victims are also entitled to be compensated for the full measure of their loss. That is why this Father’s day, we should commit to support the “Fairness in Nursing Home Arbitration Act of 2008,” which is presently pending before Congress.  This measure is supported by the AARP and has received additional bipartisan support from elder care and human rights foundations across the country.

As a gift this father’s day, I encourage you to write a letter to your local Congressman and state Senator regarding this bill (HR 6126 and S. 2838).  In the letter, please urge Congress to act swiftly to outlaw pre-dispute, binding mandatory agreements in nursing home settings.  With your help, senior citizens around the country will be given back their right to hold bad nursing homes accountable for the pain and suffering they have caused.  In my opinion, there is no better way to say thank you to our fathers than by ensuring that they will be treated with dignity and respect in the final stages of life.

Related Information:

New Jersey Lawyers – Nursing Home Abuse

Sen. Arlen Spector Sharply Criticizes the FDA

Senator Arlen Spector has sharply criticized the FDA for failing to ask for more funding beyond that which was requested by President Bush in this year’s budget.  Apparently, the FDA was hesitant to reveal their true financial needs because of an administrative rule that forbids any public disagreement with the budget.  As a result, the FDA has become ineffective at policing food and drug supplies– as shown by the recent influx of tainted heparin, dog food, salmonella tomatoes, and lead paint toys.

Sadly, after months of public outrage regarding the failures listed above, FDA officials finally began to drop hints concerning their true financial needs.   They further attempted to thwart the public outrage by blaming Congress for their dragging their feet regarding their untimely $275 Million request.  This week, representatives of the FDA told reporters that they “would like to once again strongly urge Congress to act quickly to enhance the safety of food and medical products.”

However, correcting the record regarding the FDA’s own failure to act was Senator Arlen Spector, who hand wrote a letter to HHS Secretary Michael Levitt stating, “I am really surprised by your comment quoted in the NY Times today urging Congress to act quickly when the Administration is drastically hindering NECESSARY IMMEDIATE RELIEF by delaying the funding for 8-9 months.  The FDA NEEDS this money now to save lives.”

I’m glad Sen. Spector publically exposed the FDA’s inefficiency as an agency designed to protect the American public from dangerous food and drugs.  If they can’t handle making budget requests or making sure that they have the necessary capital to operate effectively, then its clear they can not be trusted with our health and safety.  We can only hope that this open criticism from Sen. Spector will put the pressure on the FDA to shape up and take their job of policing imports and dangerous products seriously.

Related Information:

Medical Malpractice

Drug Recall: Morphine Sulfate 60 Mg Extended Release Tablets

The FDA has issued a recall today for morphine sulfate tablets because a certain batch was found to contain double the dosage as found in a single pill.  The warning from the FDA is as follows:

ETHEX Corporation notified health care professionals of a voluntary recall of a single lot of morphine sulfate 60 mg extended release tablets (Lot No. 91762) due to a report of a tablet with twice the appropriate thickness. Oversized tablets may contain as much as two times the labeled level of active morphine sulfate. The lot was distributed by ETHEX Corporation under an “ETHEX” label between April 16th and April 27th of 2008. Opioids such as morphine have life-threatening consequences if overdosed. Consequences can include respiratory depression (difficulty or lack of breathing), and low blood pressure. Many patients for whom this product is prescribed are likely to be highly debilitated with reduced strength or energy as a result of illness, and may be less likely to determine that a tablet is overweight or oversized than an unimpaired individual. If consumers have any questions about the recall, they should call their physician, pharmacist, or other health care provider.

Read the MedWatch 2008 safety summary, including a link to the firm’s press release regarding this issue at:
http://www.fda.gov/medwatch/safety/2008/safety08.htm#Morphine

This “double thickness” issue also prompted the massive Digitek recall earlier this year.  The heart drug was recalled after a wide range of disturbing side effects were noted in patients, including low blood pressure, reduced heart rate and death.

Obviously, double coated morphine has the potential to cause similar injuries in users.  If you have noticed any of the side effects listed above after taking morphine, it is extremely important that you file a report with the FDA.

Furthermore, if you have been seriously injured as a result of taking this defective product, you may have rights against the drug manufacturer. To speak with a defective product attorney, please call (856) 833-0600 in NJ or (215) 567-2380 in PA or fill out the free case evaluation form on the left side of the page.
You will be contacted immediately for a free case evaluation.

Popular arthritis drugs causing cancer in children?

The FDA is investigating a possible link between arthritis drugs, Humira, Remicade Enebrel, and cancer in children and young adults.  The FDA has received approximately 30 reports of lymphoma, leukemia, melanoma and organ cancer in children who were given the drug to combat arthritis or Chrohn’s disease.

The drugs in question are known as tumor necrosis factor blockers, which are designed to block a chemical in the body that causes inflammation.  Although the safety labels do disclose a possible association with cancer; the warnings do not disclose the specific impact that the drug could have on children and young adults. Consequently, FDA will now begin an in depth investigation into claims of childhood cancer, with the findings to be released in November of this year.

I would advise parents of children with arthritis or Chrone’s disease to discuss this potential side effect with your child’s doctor.  If your child is experiencing mild pain or inflammation, it might be best to push off drug therapy until the findings are published in November.  If drug therapy is absolutely necessary, ask your doctor what specific side effects would indicate that your child is having a negative reaction to the drug.  Obviously, the earlier you catch childhood cancer, the easier it is to combat with traditional drug therapy and/or surgery.

Medical Malpractice News: Cincinnati Man Sues Doctor for Unnecessary Castration

A Cincinnati, Ohio man is suing his doctor after what he claims to be an “unnecessary partial castration.”  He is seeking damages against the doctor, Gary M. Kirsh, M.D., for lack of informed consent, battery and medical malpractice.

Apparently, Stephen M. Kosti was admitted to the hospital after experiencing pain in his groin. At his doctor’s recommendation, he underwent an exploration of the scrotum to find the problem. Dr. Kirsh then deicded to remove one testicle because he claimed it may have been cancerous and only his patient would only have six more months to live.

Just a few days after the surgery, Kosti sought a second opinion from an oncologist.  The oncologist preformed a PET scan and determined that the testicle was not cancerous in the first place.  As a result, Kosti is claiming damages for lost wages, additional medical expenses, pain and suffering, mental and physical anguish and loss of enjoyment of life.

Related InformatioN: New Jersey Medical Malpractice Lawyer

FDA Alert: Infant Formula Recall

The FDA issued an alert today regarding Calcilo XC Low Calcium/Vitamin D-Free Infant Formula with iron powder.  The alert states as follows:

Abbott notified consumers and healthcare professionals of the recall of two lots of Calcilo XD Low-Calcium/Vitamin D-Free Infant Formula with Iron powder, a low-calcium and Vitamin D-free infant formula specifically designed for the nutritional support of infants and children with hypercalcemia. The product, distributed in the United States between 06/06/06 and 04/17/08, is being recalled because small amounts of air may have entered the can, resulting in product oxidation. Consumption of highly oxidized foods can cause gastrointestinal symptoms such as nausea, vomiting, and diarrhea. Parents should contact their healthcare professional if they have any questions or concerns.

Read the entire 2008 MedWatch Safety Summary, including a link to the manufacturer’s press release regarding this issue at: This link.

Free legal advice:

Mininno Law Office

N.C Medical Board Seeks to Publish Medical Malpractice Info Online

The North Carolina medical board is seeking to post medical malpractice information online as a way to “protect people from troubled doctors.” This proposal stems from a new state law, which requires disclosure of medical malpractice information at the board’s discretion. If the board approves this plan on June 30th, North Carolina will be come the 23rd state to offer medical malpractice information to the public.

Obviously, North Carolina doctors are fighting this proposal. The N.C medical society states that the proposal is “unfair” and should not include medical malpractice settlement information prior to June 30th. They argue that some doctors only settle for “business reasons”, and may not have done this if they knew the information would be made public and held against them.

The board, however, has proposed measures to keep the disclosure of information fair to doctors and the public alike. The board would keep private the actual settlement amounts, as well as the identity of the patient that filed the suit. Doctors will also have the opportunity to leave a comment beneath the post to explain the reason for the lawsuit and settlement in their own words.

Click here to read the full story.

Related Information:

New Jersey Medical Malpractice Attorneys