Recent Articles in Personal Injury & Medical Law from LexMonitor

Overmedicating Children and Doctors' Conflicts of Interest

Fri, 21 Nov 2008 18:43:40 GMT

Nearly every week, we hear more evidence that American children are over-medicated, especially with drugs that affect mood and behavior. Most recently, a panel of experts has denounced the overuse of Risperdal, a powerful antipsychotic drug, for attention deficit disorder. The drug has too many side effects, including potential development of permanent muscle twitching, to justify its use in mild conditions like ADD for which other options exist, according to the expert panel convened by the Food & Drug Administration to advise it on labeling changes.

What is behind the explosion in use of antipsychotic drugs in children (besides Risperdal, they include Zyprexa, Seroquel, Abilify and Geodon) is a drumbeat of support from leaders in child psychiatry. But that leadership is tainted by their ties to the drug industry -- ties that frequently don't get mentioned in public when these same doctors are lecturing their colleagues and advising worried parents. One leader, Dr. Joseph Biederman, a child psychiatrist at Harvard, was revealed by a Congressional investigation to have accepted $1.4 million from manufacturers of antipsychotic drugs that he did not disclose to his university. Another psychiatrist leader, Dr. Charles B. Nemeroff of Emory, had to step down as chair of psychiatry after it was revealed that much of his consulting pay from drug makers, which totaled over $2.8 million in seven years, had been hidden from his university.

Now another influential psychiatrist has been exposed for his secret ties to the drug industry. He is Dr. Frederick Goodwin, former chief of the National Institute of Mental Health, who hosted a popular show on National Public Radio, "The Infinite Mind." Senator Charles Grassley of Iowa released data to the New York Times showing that Dr. Goodwin received $1.3 million from drug manufacturers from 2000 to 2007 for giving marketing lectures to other doctors. The money was never mentioned on his radio show, and NPR now says the show has been canceled and all reruns will stop soon.

According to the Times' Gardiner Harris, on one day in 2005, Dr. Goodwin received $2,500 from GlaxoSmithKline to give a talk about its mood stabilizer drug Lamictal at a Ritz Carlton resort in Florida. On his radio show broadcast the same day, Dr. Goodwin said that children with bipolar disorder who did not get treatment could suffer brain damage (a controversial prognosis) but he reassured his listeners that mood stabilizer drugs were a safe and effective way to treat the problem.

Senator Grassley has sponsored legislation to require drug makers to post publicly all the payments they make to doctor consultants. That would help the public to know whether the recommendations they see from doctors for medicating their children are truly unbiased or should be taken with a grain of salt.

Cerebral Palsy Travel Tips for the Holidays

dave@burke-eisner.com (David Austin) — Fri, 21 Nov 2008 17:54:54 GMT

The winter holiday season is one of the busiest in terms of travel, and many families prepare weeks or even months in advance to ensure their travel plans go as smoothly as possible. For families of children with cerebral palsy or similar disability, planning seamless travel often requires some additional considerations.

Listed below are some travel tips and resources for families traveling with a special needs child:

Notify the airline in advance if you will need assistance
Tag all equipment and mobility devices with identification information
Pack medications separately
Ask a security officer for assistance through the checkpoint if necessary
Arrive early to give your family extra time to make it through security
Be patient

Remember also that you have a right to remain by your child’s side during the security process and that the security officer is not permitted to remove your child from his/her mobility device.

For more helpful travel tips and advice, visit the Transportation Security Administration website or check out United Cerebral Palsy’s webpage on travel.

Happy traveling!

Park Treatment Cancer Center Recognized

dave@burke-eisner.com (David Austin) — Fri, 21 Nov 2008 17:46:29 GMT

Each year more people are diagnosed with leukemia and other forms of cancer; however, cancer treatments have also come a long way as more research and discoveries are made. Pills and various drugs have replaced bone marrow transplants for some patients and there are now genetic tests that can improve cancer care.

The staff at Park Ridge Hospital in North Carolina was recently recognized for consistently staying on top of advancements and technology as it continues to move forward. The Cancer Services and Infusion Center was one of 66 facilities in the nation to receive the 2007 Commission on Cancer Outstanding Achievement Award by the American College of Surgeons.

American College of Surgeons Awards Center

The American College of Surgeons helps to determine whether the quality of care offered by various health facilities meets standards and if the patients are getting the latest in care. Even though it was Park Ridge’s first time going through this judging process, the hospital was commended with the award.

The center treats patients with all types of cancer, particularly leukemia, which can be caused by exposure to the known carcinogen, benzene. Benzene is a toxic chemical that can cause life threatening illnesses like leukemia when it’s ingested, inhaled or handled. Those who develop leukemia as the result of benzene exposure often have to go through chemotherapy at Park Ridge as their form of treatment. The infusion center at the facility, where patients receive their chemotherapy, is the only hospital based outpatient infusion cancer program in the area.

There’s also a hospital blood bank where patients can receive a transfusion followed by chemotherapy given in a comfortable setting. The center has 19 nurses employed with chemotherapy and biotherapy certification, as well as six nurses who have oncology certification for patients.

Tennessee Personal Injury Lawyers - RV Accidents

Fri, 21 Nov 2008 17:44:17 GMT

Tennessee personal injury lawyers represent clients throughout Tennessee who have suffered property damage, serious injuries, or the death of loved ones involved in RV accidents. Many people use RVs, motor homes, and other recreational vehicles to transport their families. The...

People who drive RVs have a responsibility to drive safely. These heavy vehicles handle differently than cars, take longer to stop, and have difficulty accelerating when going up hills. RV drivers need to be aware of what is going on around their vehicles at all times.

RV accidents often involve inadequate implementation of tire safety measures. Tire safety should be of the utmost importance to every RV motorist. Tennessee personal injury attorneys know that RV tires are subjected to a great variety of conditions. While RVs are being driven, their tires are used at or near maximum loads during hot weather. While parked, RV tires are out of service for long periods of time, and how RVs are stored can affect their condition. Tire defects are much more likely to lead to tire failure and serious accidents as these factors push the limits of RV tires.

Regardless of the cause, accidents involving RVs can result in serious or even fatal injuries. After an RV accident, it is important that you contact a Tennessee personal injury attorney. Our Tennessee injury lawyers will investigate the facts, assess your claim, establish which parties and companies are to be held responsible, and organize all of the details surrounding the presentation of your case.

If you have any legal questions regarding an injury or death related to an RV accident, contact a Tennessee personal injury lawyer today for a free consultation. We are truly committed to achieving fair and just results. Our Tennessee personal injury attorneys will prove beneficial in valuing your case, assisting in determining if any settlement offers are fair, or deciding whether you should proceed to trial.

Criminal Law-The Press

BrienRoche@aol.com (Brien Roche) — Fri, 21 Nov 2008 16:25:31 GMT

Some criminal cases attract a good deal of press coverage. If the press coverage has been so intensive that the local pool of potential jurors has been influenced, it is conceivable that the case could be moved from that jurisdiction to another locale where the press coverage has not been as intense. The press cannot be excluded from a criminal proceeding involving an adult. The Sixth Amendment to the Constitution guarantees the accused the right to a public trial and likewise, the First Amendment guarantees the right of the public and the press to attend criminal trials. However, most courts in the U.S. do restrict the use of cameras in the courtroom. This is generally considered to be a means of controlling conduct in the courtroom and is not necessarily intended to restrict the right of the press to be present.

More on Melamine . . .

KMODZA@stoel.com (Kenneth Odza) — Fri, 21 Nov 2008 16:16:21 GMT

I was interviewed recently by Food Innovation Weekly on “Melamine, Recalls and Crisis Management.” This question-and-answer article discusses how the waves of melamine issues circling the globe affect the way a company should think about crisis management. I suspect that we’re not done hearing about melamine contamination and that the scope of fraud has yet to be fully uncovered. Some of the more interesting issues are safe dosage levels, product testing and what companies should or should not disclose to consumers.

Recent Surge in Crib Accidents Prompts Safety Reform

Fri, 21 Nov 2008 15:37:47 GMT

Next time you think it’s safe to leave your baby unattended in a crib, think again. Design flaws and confusing instruction manual – among other factors – contribute to the rising number of crib accidents in the past two years,...

Next time you think it’s safe to leave your baby unattended in a crib, think again.

Design flaws and confusing instruction manual – among other factors – contribute to the rising number of crib accidents in the past two years, resulting in the federal government’s recall of 3.6 million cribs. That’s more than the number of recalled cribs in the last 30 years combined.

Some of the problems recurrently reported by parents include:

(1) Mattress platforms that drop and form a gap that can entrap and strangle babies;
(2) Bars too far apart, allowing babies’ small and flexible bodies to slide through;
(3) Confusing installation manuals that allow parents to misassemble;
(4) Flawed designs that allow cribs to operate even when misassembled, albeit dangerously.

Injuries from crib mishaps can become terrible tragedies, with children dying or even suffering brain injury.

Before the government puts in place new and stricter safety regulations, what can parents do to minimize the chance of their babies getting injured in the cribs? They should always make sure the cribs are assembled properly and securely, and never assume that nothing will happen to the babies simply because they’re in the cribs -- check up on them frequently!

Police Officer Injured In Motorcycle Accident Awarded $750,000 in Damages

info@serious-injury-litigation.com (Finch McCranie LLP) — Fri, 21 Nov 2008 15:30:19 GMT

A Cobb County, Georgia policeman who was struck by another officer’s motorcycle has been awarded $750, 000 by a Fulton County Superior Court jury for head injuries that only emerged several months after the motorcycle accident. The winning patrolman was among several motorcycle officers from various agencies who were riding in “tight formation” in August 2005,when a MARTA officer hit him from behind. Apparently the plaintiff almost immediately returned to work following the accident; however, he began to have seizures approximately six months after the accident. A neurologist testified that the seizures had resulted from head injuries suffered in the accident which would require him to take anti-seizure medication. Following the four-day trial, the jury took about two hours before bringing back a verdict in favor of the patrolman.

If you have been injured as a result of a motorcycle accident, the trial lawyers at Finch McCranie, LLP have the experience in these cases to fully protect your rights.

Update on FTC's Identity Theft Red Flag Regulations: Address Discrepancy Rule and Identity Theft Prevention Rule as They Apply to Health Care Providers

lbaird@reedsmith.com (Lisa Baird) — Fri, 21 Nov 2008 15:25:07 GMT

This Client Alert was written by Debra L. Hutchings, Paul J. Bond and Carol C. Loepere.

This Client Alert updates information received from the Federal Trade Commission (“FTC”) concerning application of its Address Discrepancy and Red Flag rules aimed at combating identity theft as they apply to health care providers and suppliers. As reported previously these rules, collectively known as the Red Flag Regulations, 16 C.F.R. § 681.1 et seq. (“Red Flag Regulations”), apply to users of consumer reports and “creditors,” which may include many participants in the health care industry.

Past posts on this subject describe the FTC's decision to delay enforcement of a portion of the regulations and our initial discussion of the implications of the FTC's Red Flag Regulations for health care providers.

Linkworthy

Fri, 21 Nov 2008 14:22:19 GMT

So how would you do as an election lawyer? Take this test by looking at actual ballots in the Norm Coleman/Al Franken Senate race to see if you can determine the intent of the voter (hat tip, Election Law Blog). And would you have given the OK to my own handwritten ballot?

Lying to your insurance company about an accident could invalidate your coverage. New York's Coverage Counsel blog has the details;

What does Eric Holder as Attorney General mean for the civil justice system? Kia Franklin tries to answer that at TortDeform;

I never knew attorney Doug Tinker, but his obituary starts like this (via Minor Wisdom):

Douglas Tinker died on November 10, 2008. He wore out, he bit the dust, he dropped off the twig, he lost his last appeal. He was frustrated that he could not stay longer as he thought there might be just a bit more marrow in the bone of life, but in the end he was ok with it.

TortsProf has the Personal Injury Law Round-Up; and

Blawg Review #186 is up at the Res Ipsa Blog, which I think pretty much speaks for itself.

Advances in Diagnostic Testing

rdeluca@stark-stark.com (Stark & Stark) — Fri, 21 Nov 2008 13:08:02 GMT

Research on sophisticated diagnostic tests were presented this weekend at the annual meeting of the society for neuroscience in Washington, D.C. According to a report published in USA Today, researchers from the University of California-San Diego combined “two advanced brain scanning techniques-MEG (Magnetoencephalography) and DTI (Diffusion Tensor Imaging)- that permitted them to detect brain damage in patients with mild traumatic brain injury in which conventional MRI and CT scans had been normal. Mingxiong Huang, the presenting researcher from this study, stated “More research is needed before the dual technology can be used clinically in patients with such injuries (MTBI).”

Also presenting at the annual meeting were researchers from the University of Miami (Andrew Maudsley) who “reported that they used a new all-brain method of magnetic resonance spectroscopic imaging (MRSI) to detect for the first time widespread brain damage that sometimes fails to show up in conventional brain scans of patients with mild to moderate TBI.

The researchers studied 17 patients admitted to a trauma unit with closed head injuries. According to USA Today, “They looked at changes in three major brain chemicals and compared them with healthy brain images. They found the MRSI images picked up diffuse chemical changes in the TBI patients, even in people who had been classified as having very mild injury.”

Clearly, the day is coming when patients with mild traumatic brain injury will have their injuries confirmed by objective diagnostic testing which obviously will have a significant impact on neurolitigation.

Video: What is MS?

Fri, 21 Nov 2008 13:00:42 GMT

I have seen doctors describe the MS, but I do not think I have see a better, clearer, (and even humorous) description than this video by teslagirlM.

Will Someone Take Responsibility for Medication Errors?

js@wllc.com (Joshua D. Silverman) — Fri, 21 Nov 2008 13:00:00 GMT

Thousands of times a day a patient is injured due to a medication error. In many cases the patient tragically dies. We have seen this happen with blood thinners (Coumadin, Lovenox & Heparin), antibiotics (Gentamicin, Vancomycin, etc.) and numerous other medications. Instead of taking responsibility, doctors, nurses, hospitals and pharmacists start playing the blame game.

Holding those responsible for medication errors often falls on the shoulders of attorneys. As attorneys much of our work occurs even before we file a lawsuit. In the investigation we search all of the relevant medical records including physician notes, nursing notes, and pharmacy records. We retain experts in these fields to advise us how the medication errors could have been prevented. Finding qualified experts is a challenge in itself. Our senior trial lawyer, Tom Williamson, has published several articles on expert witnesses that are available in our online library.

Our goal is to file the lawsuit early enough that we will have time under the statute of limitations to add new defendants if one health care provider starts pointing fingers at another.

The following are common types of medication errors:

Doctor writing the incorrect dose on the prescription,

Doctor prescribing medication that the patient is allergic to,

Nurse administering the wrong prescription to the patient. Often the prescription is intended for another patient,

Nurse administering the medication incorrectly (ex. vein as opposed to muscle),

Pharmacist misfilling the prescription (wrong dose or wrong medication),

Medication errors occur in hospitals, nursing homes, and doctors' offices. Because they occur so frequently we have devoted a practice page to medication errors. Please visit our medication error practice page for more information or contact us at (804) 288-1661 or by email if you or a loved one is a victim of a medication error.

Regards,

Joshua Silverman

Friday Fun

info@kraftlaw.com (Bob Kraft) — Fri, 21 Nov 2008 11:30:07 GMT

How good are you at plane geometry? How good are you at estimating angles and distances? Find out with the "Eyeballing Game."

Pre-Mature Births Still a Problem Nationwide - State by State Analysis

dwolf@woodatter.com. (David Wolf ) — Fri, 21 Nov 2008 11:00:49 GMT

The March of Dimes released a State by State Report Card for all 50 states including the State of Florida. A summary of the report was reported at the USA Today Web Site - Pre-Mature Births Continue to be a Persistent Problem in the United States. Among all States, Vermont ranked number 1 in having the lowest percentage of pre-mature births. Mississippi was at the bottom of the list. A pre-mature birth is considered to be a birth before 37 weeks of gestation. Every year there are over 500,000 pre-term births. These births account for the leading cause of death and major permanent injuries and disabilities to children according to the March of Dimes.

Nursing Home Fined For Failing To Provide Condoms To HIV Residents

goose575@hotmail.com (Jonathan Rosenfeld) — Fri, 21 Nov 2008 08:20:56 GMT

The Oklahoma Health Department has fined the Whispering Pines Nursing Center for multiple instances of nursing home abuse and neglect. Among the allegations, the nursing home was cited for:

Forcing a patient into a shower while fully clothed
Failing to investigate complaints of physical abuse among residents
Failing to provide adequate training to nursing home staff
Failing to provide condoms to sexually active HIV positive nursing home residents

The health department is recommending Whispering Pines immediately correct its dangerous conditions or the facility will not be permitted to accept new Medicare and Medicaid patients. Read more about this Oklahoma nursing home here.

New FMCSA Truckers Hours-of-Service Rule Inadequate and Ineffective

info@bisnar-chase.com (John Bisnar) — Fri, 21 Nov 2008 08:10:45 GMT

This week, the Federal Motor Carrier Safety Administration (FMCSA) issued a new rule governing the number of hours that commercial truck drivers can drive each day. These are known as the truck drivers’ hours-of-service. What’s special about this new rule? In my opinion - nothing. The so-called new standard is in fact identical to the previous two rules that the U.S. Court of Appeals for the District of Columbia struck down last year and in 2004, according to the Public Citizen, which challenged those ineffective regulations.

The new FMCSA’s rule authorizes truckers to drive 11 consecutive hours with 34 hour restart provisions. Under the rule, drivers may continue to work a physically and mentally exhausting 77 hours behind the wheel of a big rig over a seven-day period. They may then take 34 hours off and then hit the road to start all over again. In addition to all that time they are allowed to drive, they can be required to work 14 hours a day, which includes loading and unloading cargo. This new rule also fails to require electronic on-board recorders that are very much needed to assure that the rule is effectively enforced.

I agree with the safety advocates at Public Citizen. This new rule does nothing to prevent big rig accidents, a large percentage of which is caused by exhausted and distracted truck drivers. This rule will only continue to force truck drivers into putting up with sweatshop-like working conditions. This not only puts big rig drivers at risk and endangers their safety and welfare, but also poses a risk to the public who must share the road with these tired truckers. According to the Department of Transportations truck accident statistics, between 2003 and 2006, the number of annual deaths among occupants of large trucks increased from 726 to 805. Also, 4,584 people were killed in the United States in big rig accidents and about 76,000 were injured in large truck crashes.

The federal rule has basically ignored an entire body of research, which has consistently shown that the risk of a truck crash increases significantly after eight hours of driving. All we can do is add this rule to the body of ineffective, misguided decisions made by the Bush Administration. This administration has been a disaster for consumers and a blessing for big oil companies, auto makers, pharmaceutical companies and corporate CEOs. It is time for the new administration and the new Congress to repair this damage. We need a real change in this country. We need a system that protects and upholds consumer rights and puts people first. We need a system that gives victims a shot at justice and a fair opportunity to hold wrongdoers responsible for their actions.

Fatal Anaheim Industrial Accident Kills Pest Control Worker

info@bisnar-chase.com (John Bisnar) — Fri, 21 Nov 2008 08:10:43 GMT

Erik Sanchez, 30, was killed in an Anaheim industrial accident on November 17, 2008 when an 18-wheeler pinned him against a loading dock at a refrigerating storage facility, The Orange County Register reports. The fatal 11/17/08 on-the-job accident occurred at...

Sanchez did not work for VersaCold but was a pest control worker doing his job around the exterior of the facility. Anaheim police officials say Sanchez was walking below a loading dock as the 18-wheeler was backing up into the dock to pick up a load of food. Sanchez did not see the truck backing up and was crushed against the dock. Sanchez died from massive head trauma. The California Department of Occupational Safety and Health (Cal-OSHA) is investigating this incident.

I offer my deepest condolences to the family of Eric Sanchez. It is indeed a horrible tragedy. Here was a man trying to do his job and earn a living and a moment of inattention on someone’s part cost him his life. It’s heartbreaking!

Anaheim police officials say Sanchez was not paying attention to the 18-wheeler backing up. But I question the practice of backing up a large truck in a commercial docking area without first ensuring no one was in the way.

The Sanchez family would certainly be entitled to receive workers’ compensation benefits through his employer, the pest control company. However, workers’ compensation benefits in California are painfully inadequate to compensate a family for the loss of income from a primary breadwinner, let alone the loss of a loved one. I believe there is a “third party” claim here. A third party claim is a claim against someone other than an employer whose negligence may have caused the accident and resulting injuries. A third party claim may be worth a lot more to the Sanchez family than the workers compensation benefits that they are entitled to.
The Sanchez family should be consulting with an Orange County personal injury lawyer skilled in third party claims. They need an experienced attorney who will remain on their side and fight for their rights.

Sarah Palin and turkeys

dpowell@ksu.edu (Doug Powell) — Fri, 21 Nov 2008 05:38:37 GMT

Amy the French professor is originally from Minnesota. She thought the 1996 movie, Fargo, was a linguistics masterpiece, what with its ‘Yah, you betchas’ and ‘you don’t says’ and demonstration of the ‘Minnesota nice’ conversational style.

Fargo seems like a distant memory, now that Sarah Palin has appropriated all the best lines.

Former VP candidate and current Alaska Governor Sarah Palin was in Wasilla today to do the traditional pardoning a local turkey ahead of Thanksgiving. Minutes later, a farm worker began slaughtering another turkey just a few feet behind her ... plainly visible in the background of the video (below).

Governor Palin was told by the photographer what was going on behind her and allowed the interview to continue.

People for the Ethical Treatment of Animals (PETA) could sign Governor Palin up as an undercover slaughterhouse worker. As the N.Y. Times reported Wednesday, PETA is asking for prosecution of workers at the Aviagen Turkeys plant in Lewisburg, W.Va., in a complaint filed with the local sheriff’s office under state laws regarding cruelty to animals. …

The Aviagen video can be seen at www.peta.org. The scenes show stomach-turning brutality. Workers are seen smashing birds into loading cages like basketballs, stomping heads and breaking necks, apparently for fun, even pretending to rape one. …

Bernard E. Rollin, a professor of animal sciences at Colorado State University, said the workers’ actions were “totally unacceptable” and suggested that they be removed from working with animals and prosecuted.

Food safety has to be farm-to-fork: WHO

dpowell@ksu.edu (Doug Powell) — Fri, 21 Nov 2008 04:21:54 GMT

That’s what we’ve always said – safe food, from farm-to-fork.

Jorgen Schlundt, director of food safety at WHO, told Reuters today,

“The notion that you can deal with it at the end of the food chain is clearly wrong.”

Yet there continues to be an outpouring advice for consumers – the end of the food chain. But more about that later.

Schlundt also said today that the number of foodborne diseases seem to be on the rise in both wealthy and poor nations.

Previously, the World Health Organization (WHO) estimated that up to 30 per cent of individuals in developed countries acquire illnesses from the food and water they consume each year. U.S., Canadian and Australian authorities support this estimate as accurate (Majowicz et al., 2006; Mead et al., 1999; OzFoodNet Working Group, 2003) through estimations from available data and adjustments for underreporting. WHO has identified five factors of food handling that contribute to these illnesses: improper cooking procedures; temperature abuse during storage; lack of hygiene and sanitation by food handlers; cross-contamination between raw and fresh ready to eat foods; and, acquiring food from unsafe sources.

Oh, and that logo (upper right) is going to be retired in January when we relaunch everything.

Majowicz, S.E., McNab, W.B., Sockett, P., Henson, S., Dore, K., Edge, V.L., Buffett, M.C., Fazil, A., Read, S. McEwen, S., Stacey, D. and Wilson, J.B. (2006), “Burden and cost of gastroenteritis in a Canadian community”, Journal of Food Protection, Vol. 69, pp. 651-659.

Mead, P.S., Slutsjer, L., Dietz, V., McCaig, L.F., Breeses, J.S., Shapiro, C., Griffin, P.M. and Tauxe, R.V. (1999), “Food-related illness and death in the United States”, Emerging Infectious Diseases, Vol. 5, pp. 607-625.

OzFoodNet Working Group. (2003), “Foodborne disease in Australia: Incidence, notifications and outbreaks: Annual report of the OzFoodNet Network, 2002”, Communicable Diseases Intelligence, Vol. 27, pp. 209-243.