Medical Malpractice Attorneys File Lawsuit for Child’s Death

Medical malpractice attorneys have filed a lawsuit in Nebraska, in the Douglas County District Court, following a case of medical malpractice which led to the death of a two year old. Almariah Izabel Duque was approaching two years of age when her life came to an abrupt end. The young girl was given ten times the recommended dose of heparin as she was undergoing kidney dialysis. We have unfortunately found that this type of tragic occurrence is not uncommon in the medical world today.

Family Seeking Damages for Their Little Girl’s Death

new jersey philadelphia Medical Malpractice Attorneys file lawsuit heparin drug deathThe Duques brought their baby girl to Nebraska for a transplant after she was born with congenital defects. Almariah received a pancreas, liver, and small bowel transplant in late December of 2009. She was discharged from the hospital a few months later but quickly returned as she developed an infection.

The infection caused her kidneys to shut down, requiring her to undergo dialysis. The problem arose when the pump, used to disperse heparin, malfunctioned. The young child was given nearly ten times the proper dose. The mistake was not discovered for five hours and it caused severe bleeding in Almariah’s brain. The young girl passed away two short days later. The parents of the girl have filed a lawsuit seeking money damages for Almariah’s wrongful death, her suffering while she was living, and their emotional distress over losing their young child.

We also believe that the family will challenge the constitutionality of a state law which caps the maximum medical malpractice verdict award at $1.75 million. This issue has been litigated before, and in 2003, four judges left the door open for a challenge of this law because it may infringe on the right to due process.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been the victim of medical negligence, it is possible that you would like to speak with our professionals. Please contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

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.

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Medical Malpractice

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.

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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.

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

As reported in the New York Times, federal officials have now identified a “clear link” between contaminated heparin from China and 81 US deaths from severe reactions to the drug. Up until this point, Chinese heparin manufacturers (including Baxter) have openly doubted that a link could be proven connecting these deaths to the contaminant. Baxter even issued a public statement claiming that they did not expect any “material litigation” as a result of the dangerous drug.

Similarly, Chinese officials have now joined the drug manufacturers in disputing the validity of this FDA report showing a “clear link” between reported illness and contaminated heparin. They openly dispute the possibility that the fake chemical additive found in Heparin was responsible for the 81 deaths and countless severe reactions reported in the US. Chinese officials are also suggesting that because reactions to heparin have only occurred in the United States, the problem must stem from the American processing plants that also handled the drug.

Unfortunately, international reports have proven otherwise. German officials have recently come forward reporting strange reactions in dialysis patients after heparin use. The contaminant itself (which has been linked directly to the Chinese manufacturers) has also been found in heparin supplies in 11 other countries to date. And, although Chinese manufacturers and officials dispute a link between the contaminant and the resulting illnesses, FDA director Dr. Janet Woodcock makes an excellent point: “Heparin should not be contaminated, regardless of whether or not that contamination caused acute adverse events.” She also adds that, “we [the FDA] are fairly confident based on the biological information that we have had that this contaminant is capable of triggering these adverse reactions.”

And while China attempts to pass the buck onto American processing plants, China”s recent track record is a major factor contributing to the public”s distrust. Contaminated Heparin is just another addition to the other toxic imports from China, including contaminated toothpaste, dog food, lead paint toys and tainted fish products. After the discovery of these products, China was equally defensive and unwilling to accept responsibility until July of 2007 when the government executed its top food and drug regulator for taking bribes and promised product safety reforms.

Obviously, those reforms were not carried out. Furthermore, Chinese officials have made clear that plant inspections and better testing methods will only be implemented if the United States agrees to reciprocity. This means that the inspection of Chinese plants will only be allowed if the Chinese can set up shop in the US and inspect our facilities as well (something they know that the US is less than willing to concede). Budget issues are another factor stopping better regulation of dangerous foreign imports. The Government Accountability Office has found that the FDA will need an additional $56 Million next year alone to conduct more thorough drug inspections abroad. Additionally, the Bush Administration has failed to provide funding for additional FDA personnel in it”s current budget proposal. Without the necessary personnel in place, it is clear better inspections will be difficult, if not impossible to follow through with.

The whole situation is very disturbing and has left a bad taste in the mouths” of American consumers. Locally, people have no way of knowing if heparin has been distributed in New Jersey or Pennsylvania hospitals. They want to know if there is any link between contaminated heparin and the illnesses they have experienced. Even more disturbing is that these people aren”t sure where to go for answers. Most reports about contaminated heparin have been vague at best, and there is really no way of knowing at this point where and when contaminated vials of heparin were administered. The most concrete information released by the FDA is that the contaminant was found in vials manufactured as early as 2006, with the majority of reactions and deaths occurring between November and February of this year.

It”s clear that these reports have been considered unacceptable by injured patients and the lawsuit process has begun for many consumers of the drug. This is true even in the local New Jersey and Pennsylvania area. While it is sad that it has to come to this point, sometimes the litigation process and the monetary judgments against such companies are the only language that these manufacturers seem to understand. Their number one concern seems to be profit, and as long as that remains untouched, they will continue to produce unsafe products for the unsuspecting American public. Until then, people want answers-and if they FDA or heparin manufacturers will not give it to them, they will take matters into their own hands and file suit.

Alternatively, if you suspect that you or a loved one has experienced a bad reaction after taking contaminated heparin, our licensed RN is available to help you and your family determine if there may be a link between your illness and the drug. It”s OK to ask questions and we encourage you to do so–even if you are not sure if Heparin is to blame for your injuries. Our firm has received numerous inquiries from people that just want answers and quite frankly, that”s what we are here for.

Should you have a Heparin related question, we encourage you to call (856) 333-0600 in NJ or (215) 567-2380 in PA or follow the link below to fill out an online case evaluation form:

Medical Malpractice

Baxter Not Expecting ‘Material Litigation’ After Contaminated Heparin Recall

Pharmaceutical giant Baxter announced today that it does not expect any “material” litigation with regards to the contaminated heparin recalls. Although the FDA has received a ton of complaints about death and serious reactions to the drug, Baxter claims that they only know of four possible injuries to date. They also believe it will be difficult to prove a link between the drug and some of the side effects reported by the general public.

I think the report on CNN.com gives a little more insight as to why Baxter is not overly concerned with this issue. CNN reports that:

Despite the high-profile nature of the heparin troubles, the drug is not a major or high profit-margin product for Baxter, which expects a muted financial impact from the recall. On Thursday, when the company reported first-quarter results, it noted $11 million in after-tax charges associated with the heparin recall in the U.S.

All this uproar is just a drop in the bucket to Baxter. No wonder why they are so indifferent to the fact that a drug, which people rely on to prevent clotting, is contaminated with a foreign substance that makes people sick. With this mentality, why in the world would drug companies want to change up the regulation standards when they only experience a “muted financial impact” from a national recall? It”s so much easier to just sell the bad drug, make money and apologize later. And I guess that”s the course of action that they are gonna take on this one too. Very scary.

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Who Is Really To Blame For Contaminated Heparin?

I read an interesting post by a fellow blogger regarding the dangerous Chinese import saga. While I don”t entirely agree with his argument, I think his thoughts are worth re-printing in their entirety:

Ask yourself this question, How important is the health, safety, and well being of my family?

First it is toys from China being recalled because of various safety issues, but more specifically from lead in the paint. Now there is a recall on blood thinner [Heparin] manufactured in China, which is causing deaths in patients.

It is obvious in the Chinese quest for money it is willing to put our health and the health of our children at risk. When will the world community say acquiring cheap goods is not enough and demand quality in those goods? Do you support inhumane and unethical treatment of human beings just so you can by more “stuff”? The Chinese should be scrutinized and held to our safety and health standards.

ABC News reports, FDA Links More Deaths to Blood Thinner:

Heparin is derived from a mucous obtained from pig intestines and other animal tissues, often processed by small, unregistered workshops in China.

FDA determined last month that Baxter”s drug was contaminated with an unnatural chemical during production at a plant in China.

This in part is our own fault. Demanding a bargain, the willingness to look the other way, and greed. The Wal-Mart economic plan (cheap second rate goods), which many of Americans support is jeopardizing our safety and economy. When will your family”s well being become more important than getting a good deal? It is your greed which is driving the Chinese economy?”

Ouch. That”s a bit hard to swallow, yet there is a lot of truth to it. Obviously there is something that is hindering the American public from speaking out against dangerous imports. Could it very well be our desire for cheap “stuff”?

While I believe that may be true with regard to the recent influx of toxic toothpaste, dog food and lead paint toys from China, I think the Heparin recalls fall outside of that box. My personal opinion is that most Americans feel helpless against the pharmaceutical giants (such as Baxter) who practically play puppet master with our politicians. They have an endless amount of resources, a tremendous amount of clout and because of this people just give up and accept whatever they dish out.

I just read an article about the rise in Heparin deaths by journalist Stanley Bing. Sadly, he decided to name his article “More Good News For Lawyers”.. Apparently, what he doesn”t realize is that people depend on trial lawyers for help when things like this happen. It is our job to take on these giants when they unleash their garbage (ex Heparin, Vioxx) on the public. Without the ability to file a lawsuit and affect the only thing that matters to these companies (i.e. their money), nothing will change and the despair will continue.

There needs to be some fear instilled in these drug companies. They need to realize that if they fail to keep the American public safe, there will be consequences. There will be lawsuits filed and they will loose a ton of money. It”s just that simple–and it”s our only hope.

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Heparin Deaths Jump From 19 to 62 According to FDA

The FDA announced this week that 62 deaths have now been linked to the blood-thinning drug, Heparin. This new estimate is almost triple the 19 fatalities reported last month. The drug, which is generally used in patients with heart problems and those undergoing surgery, is believed to be contaminated with man-made oversulfated chondroitin.

This contaminant is said to mimic chondroitin sulfate, which is a naturally occurring substance derived from animal cartilage and used to treat arthritis. While the FDA is still investigating the matter, it appears that the tainted animal cartilage containing oversulfated chondroitin has come from unregulated mom and pop pig farms in China.

I hope people are finally starting to notice a trend here. Chinese manufacturers have been the common denominator in the recent influx of dangerous imports, including contaminated toothpaste, dog food, and lead paint toys. Even more frightening, however, is the fact that the FDA will not completely recall the batches of contaminated Heparin out of fear the hospitals will experience a shortage. Based on that fact, I don’t see this issue going away anytime soon- especially if the FDA continues to allow Chinese manufacturers to operate below the regulation standards imposed in the U.S.

We will continue to post information on the Heparin recalls as they occur, so check back regularly for any new developments.

Mininno Law Office

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.

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