Category: blog

Bed Sore Resources for Patients

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 Costs Billions article (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, Patients 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.

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

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.

Free Legal Advice: Medical Malpractice

Heparin Update: FDA Says Contamination May Be Intentional

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.

Medical Malpractice and Serious Injury Page

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

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 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

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

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 malpractice professionals are available to answer any questions you may have regarding Heparin and the Heparin recalls.

Practical Advice For The Treatment of Bedsores and Pressure Sores

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:

  1. 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 link:

New Jersey Bedsores Lawyers

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

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:

New Jersey Medical Malpractice Attorneys

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

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

“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:

New Jersey Medical Malpractice Attorney