Trial Attorney Blog

Last month, consumer, public interest and scientific groups applauded President Bush for signing product safety reform legislation into law that will overhaul the Consumer Product Safety Commission (CPSC).

The Consumer Product Safety Improvement Act of 2008, was passed overwhelmingly by Congress. The new law will make consumer products safer by requiring that toys and infant products be tested before they are sold, and by banning lead and other harmful chemicals in toys, by creating a comprehensive publicly accessible consumer complaint database, give the CPSC the resources it needs to protect the public, increase civil penalties that CPSC can assess against violators of CPSC laws, and protect whistleblowers who report product safety defects.

A key portion of the legislation, deals with the safety of juvenile products such as cribs, high chairs and strollers.

Yesterday, the Food and Drug Administration began posting a list of prescription drugs under investigation for potential safety problems.The first list is a bare-bones compilation naming 20 medications and the potential issue for each. It provides no indication of how widespread or serious the problems might be, leading some consumer advocates to question its usefulness, and prompting industry worries that skittish patients might stop taking a useful medication if they see it listed.

Food and Drug Administration officials said they are trying to walk a fine line in being more open to the public while avoiding needless scares. Congress, in a drug safety bill passed last year, ordered the agency to post quarterly listings of medications under investigation.

The FDA emphasized that the listing of a drug and a potential safety issue does not mean that FDA is suggesting prescribers should not prescribe the drug or that patients taking the drug should stop taking the medication.

A new website, The Hospital Compare Web, run by the federal Centers for Medicare and Medicaid Services, shows 80 U.S. hospitals listed as top performers in the mortality rates for patients admitted with heart attack, heart failure or pneumonia. No Georgia hospitals were among the best performers. Nine Georgia hospitals rated worse than national norms on death rates for pneumonia or heart failure. The number of poorly performing hospitals in Georgia was higher than any state other than California.

Mortality rates for hospitals across the nation were disclosed by the federal agency, which is expanding its report cards on the quality of health care. This is the first time consumers are able to compare hospital death rates for patients admitted for three conditions: pneumonia, heart failure and heart attack.

Nationwide, 103 hospitals, including the nine Georgia hospitals, were rated worse than the national average for one or more conditions. Eight of the nine in Georgia were poor performers in pneumonia.

Last week, Stanford University announced that it will severely restrict industry financing of doctors’ continuing education at its medical school. The school’s new policy stems from concern about the influence drug companies may have on medical education.

Most doctors in the United States must take annual refresher courses that drug makers have long paid for. While the industry says its money is intended solely to keep doctors up to date, critics charge that companies agree to support only classes that promote their products.

Stanford will no longer let drug and device companies specify which courses they wish to finance. Instead, companies will be asked to contribute only to a general pool of money that can be used for any class, even ones that never mention a company’s products.

Four more patients have died of pancreatitis after taking the diabetes prescription medication Byetta. The deaths were announced by Eli Lilly & Co. and Amylin Pharmaceuticals Inc. the companies manufacturing the drug. Several weeks ago, the U.S. Food and Drug Administration announced two two additional deaths.

While no definite relationship between Byetta and the additional deaths has been proved, according to the companies, they may have to add tougher warnings to prescribing instructions.

Byetta, which has been available in the U.S. since June 2005, is Amylin’s leading product, with global sales of $194.7 million. The companies previously agreed to warn of the risk of pancreatitis in October, after 30 milder cases were reported.

The Food and Drug Administration has announced plans to revise standards for over-the-counter cough and cold medications for children. The FDA said it will change the criteria that have allowed the products to remain on drugstore shelves . This could result in removal of the products from the market.

The FDA action is in response to increasing concerns that the remedies are ineffective and could be unsafe. Specifically, the action is in response to a petition filed in March 2007 by a group of pediatricians asking the FDA to restrict the use of the products, citing a lack of evidence that they work and mounting evidence they can cause hallucinations, seizures, trouble breathing, heart problems and other complications, including occasionally deaths.

The petition pointed out that the remedies had been allowed to stay on the market because they were approved at time when it was not considered appropriate to test medications directly in children. Instead, studies in adults were extrapolated to children, a practice now considered inadequate, the petition said.

Para representar a las familias de las personas que perdieron la vida en el accidente aereo Spanair JK5022, nuestro bufete juridico esta trabajando con abogados especializados en casos de Litigacion Internacional de choques aereos, ya estan invesigando esta tragedia. Si perdimos familiars en este accidente, estos serian los abogados elegidos para representar a nuestras familias.

Para una consulta gratis, favor de enviar su correo electronico precionando aqui (haga clic aqui).

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In the July 28 issue of Health Services Research, the US Agency for Healthcare Research and Quality (AHRQ) reported that a recently completed study indicates that employers pay out $1.47 billion each year to cover costs for surgical patients incurred from preventable medical errors. The report analyzed data from a nationwide sample of more than 161,00 adult patients who underwent surgery in 2001 and 2002 and were insured by plans provided through their places of employment.

The study focused on 14 preventable errors which included acute respiratory failure, technical problems, infections, pulmonary and vascular problems, metabolic problems, wound problems, and nursing events.

The results revealed that respiratory failure and infections were the most costly. Insurers paid $28,218 and $19,480 extra for surgical patients who experienced these problems as opposed to similar patients who did not. Other costs included $12,196 for nursing events, $11,797 for metabolic events, $7,838 for pulmonary and vascular events and $1,426 for wound problems.

It was reported by the news media on Friday, August 15, 2008 that an innocent motorist was killed on 8/14 when inadvertently caught up in a high speed police chase in Clayton County, Georgia. While the media reports are sketchy, it appears that the fleeing suspect was speeding and driving in an erratic manner. The police began to chase the driver and during the chase, the suspect struck an innocent motorist who was on a motorcycle. As a result, the motorcyclist was killed.
We do not know enough about the facts of this case to assess whether the police chase violated Clayton County’s policies and procedures for high speed pursuits. Nonetheless, Clayton County has a well known track record of having been involved in numerous police chases where serious injuries and deaths have occurred. Our law firm currently has 3 wrongful death suits pending against Clayton County and one serious brain injury case all arising out of high speed police chases. In each of these 4 cases, we have alleged that the pursuing officers recklessly disregarded proper police procedure in their decision to initiate the chase and/or their failure to terminate it after it became clear that the risk of injury or death to innocent third parties caused by the chase outweighed the need to apprehend the suspect.
In this case, it appears that the fleeing suspect was wanted for traffic violations. We have indicated before that the dangers associated with high speed pursuits are so great that unless it is absolutely necessary for the protection of the public to immediately apprehend the suspect, in many cases, termination of the pursuit is the best way to protect innocent third parties from the dangers presented by a chase. In this case, it is clear that the Clayton County officers involved did not terminate their pursuit with the result that yet another innocent third party motorist was killed. As in our other cases, this third party was simply at the wrong place at the wrong time and was doing nothing wrong and yet paid the price for this apprehension with his life. The question again arises. Is the death penalty to the innocent worth the price of catching a suspect who is wanted for mere traffic violations? We have said it before, we say it again: We think not.

The Massachusetts Supreme Judicial Court affirmed a $328,135 jury award to a widow and her son based on her husband’s lost chance of recovery resulting from a doctor’s negligence in not treating his stomach cancer. This ruling based upon the theory of “loss of chance” damages is being applauded by plaintiffs’lawyers.

The court held that the family could recover even though the victim had less than a 50-percent chance of survival when he first sought treatment. The “loss of chance” doctrine eases the burden for plaintiffs. Under traditional malpractice rules, doctors may only be held liable if their negligence was a substantial factor in the injury or death. Under the “loss of chance” doctrine, a doctor can be liable if his failure to diagnose reduced the patient’s chance of survival.

The jury in the case found that the deceased was suffering from stage 2 adenocarcinoma at the time of his first visit to his doctor, who examined him and prescribed over-the-counter medication. A gastroenterologist who testified as an expert for the defense told the jury that stage 2 stomach cancer has a survival rate of 25 to 40 percent.