Archive for the ‘ Medical Malpractice ’ Category

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19
Jan

Fayetteville Hospital Could Lose Federal Funding

January 19, 2012

A Fayetteville, North Carolina, hospital is at risk of losing it’s funding from Medicaid and Medicare tonight in response to the death of a mentally ill patient. Reports from ABC 13 News say that the 27-year-old patient died after being put in a chokehold by a security guard at the Cape Fear Valley Medical Center in October of last year.

Video from a surveillance camera at the hospital shows the patient being tackled to the ground by security and choked. When the patient stops resisting and is released, he lies on the ground, unconscious for nearly three minutes before any effort is made to resuscitate the man. He was later declared dead, but a criminal investigation did not begin until a coroner ruled the death a homicide.

The hospital could potentially lose as much as $23 million a month if its funding is cut.

This is not the first time the hospital has faced scrutiny. The Fayetteville Observer reports that the State Department of Health and Human Services began investigating the facility in December of last year after a cancer patient died less than an hour after being involuntarily discharged from the facility. The hospital also has numerous complaints for extremely long wait times and mistreatment of patients.

The North Carolina Medical Malpractice Attorneys with HensonFuerst would advise anyone who believes they’ve been harmed by a doctor or staff member  to immediately contact a lawyer to discuss the claim.

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5
Jan

More Americans Die From Drug Overdose Than From Car Crashes

January 5, 2012

Right now in the United States, more people die from drug overdoses than from car accidents, according to new research released last month. According to WECT 6 News, the study concluded that the cause of the surge in fatal overdoses could be linked to the increased use of drugs that have potential for abuse.

The study was conducted by the Centers for Disease Control and Prevention (CDC) over a 30-year time period. Over the span of three decades, researchers saw an increase of six times as many drug poisoning deaths. In 1980, there were roughly 6,000 deaths associated with drug poisonings. By 2008, that number had capped out at 36,500. That same year, nine out of ten poisoning deaths were drug related, with 77 percent of them being unintentional.

These findings correlate with earlier research that showed the number one type of drug abused in the United States today are legal pharmaceuticals.

A CDC health scientist involved with the study, Dr. Chris Jones, stated that the number of prescriptions that doctors are willing to write to patients today is a major contributing factor to the problem. “Between 1999 and 2010, the sales of these drugs increased fourfold.” he added.

The Raleigh drug injury lawyers with HensonFuerst are an experienced team of attorneys dedicated to helping victims who have been injured at no fault of their own by a prescription drug. If you or someone you know has experienced a similar scenario, call us today to discuss your case.

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30
Dec

Top Medical and Drug Stories of 2011

Medical stories are some of the most heartbreaking:  You trust your health to a doctor or hospital, and something goes wrong. Maybe you end up sicker than you were before. Sometimes, the error may result in death. Here is a round-up of the most important medical and drug stories of the year. (To read any of the blogs, click on the title and you’ll be taken directly to the story.)
Harm Done in a Hospital
A study published in the New England Journal of Medicine found that there was a “shockingly high rate of preventable injuries to patients,” specifically in North Carolina hospitals. Of patients admitted to a North Carolina hospital, 1 in 5 will be harmed by the medical care they receive, and about 14% of medically induced harms caused permanent or life-threatening injury.

Defective Hip Replacement Devices

The U.S. Food and Drug Administration (FDA) has ordered all producers of “metal-on-metal” hip replacements to study the implants after thousands of patines have had the devices fail, causing tissue damage and requiring second replacements. This serious problem started with DePuy hip replacement devices, and has be expanded. Anyone with a hip replacement should check with their physician to make sure that their devices aren’t in the process of failing.

Transvaginal Mesh

Over the past three years, the U.S. Food and Drug Administration received nearly 4,000 reports of severe complications (including 3 fatalities) associated with surgical mesh used to treat pelvic prolapse. The most frequent complications include erosion through the vaginal wall, infection, abscesses, pain, and urinary problems.

VIDEOS
In addition to blogs, we also create videos about important health, medical, and legal topics. To see all of our available videos, please visit our YouTube channel here:  HensonFuerst YouTube Channel.  Here are links to some of our medical videos:

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29
Dec

Studies Show Avastin® Has Weak Results Against Ovarian Cancer

December 29, 2011

New studies are showing that a drug once used to treat numerous types of cancer may not work. According to WRAL News, recent data presented to the Food and Drug Administration (FDA) not only led to the organization pulling approval for the use of the drug Avastin® in the treatment of breast cancer, but now also in the treatment of ovarian cancer.

The drug was approved last week for use in advanced ovarian cancer patients despite the findings, but the drug’s manufacturer, Genentech, has stayed mum on whether the company will seek approval for the same in the United States.

Two studies in today’s newest issue of the New England Journal of Medicine found that the drug only slowed the cancers progression for several months and did not improve mortality rates. On top of this, patients have suffered from numerous drug side effects, including:

  • Blood Clots
  • Slow Wound Healing
  • Severe Bleeding
  • Perforations Of The Gastrointestinal Tract

If you or someone you love has suffered ill effects from drugs like Avastin®, contact the experienced team of North Carolina drug injury lawyers with HensonFuerst. They are here to help their clients in every step of the process of filing a claim to get the compensation they deserve.

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19
Dec

FDA Warns Companies of Deceptive Lap-Band Advertising

Almost everyone wants to be thin, and many people would do anything to have the body of their dreams. For people who are “morbidly obese” or who have one or more obesity-related conditions (such as diabetes or high blood pressure), one option is gastric banding.

Gastric banding, such as the popular Lap-Band, is a surgical procedure that reduces the size of the stomach. A silicone band is placed around the upper part of the stomach, creating a small pouch that fills up faster and supposedly makes you feel full much more quickly. The band is not solid like a rubber band–it is more like a balloon that is filled with salt water (saline). The more water in the band, the tighter it squeezes the stomach. The amount of saline in the band can be adjusted because the band is attached to a long tube, ending at a small button-like knob that is placed just below the skin during surgery. A doctor can draw fluid out of the band, or add more fluid in, just by inserting a syringe into the knob.

FDA Warning

Last week, the U.S. Food & Drug Administration (FDA) announced that it has taken action against eight California surgical centers and a marketing firm for misleading advertising of the Lap-Band. At issue is the idea of advertising a very serious surgical procedure without proper warnings and cautions, making gastric banding look like a simple fix for a lifelong problem.

“The decision to undergo a gastric banding procedure should be done in close consultation between a patient and his or her health care provider,” said Kimber Richter, M.D., deputy director for medical affairs in the Office of Compliance in the FDA’s Center for Devices and Radiological Health. “It is important for the patient to fully understand both the risks and the benefits of the procedure and for the health care provider to be sure the procedure is appropriate for the patient.”

According to the FDA, the risks of any surgery—including gastric banding—include the possibility of death. In addition, known complications of gastric banding include:

  • Nausea
  • vomiting or spitting-up food you just ate
  • difficulty swallowing
  • gastroesophageal reflux disease (GERD)
  • indigestion or upset stomach
  • abdominal pain
  • leaking of the gastric band
  • stretching of the new stomach pouch, so it no longer restricts the amount of food you can eat
  • moving of the gastric band from its original position, requiring another surgery to reposition it
  • erosion of the band through the stomach wall, and into the stomach, requiring additional surgery
  • stretching of the esophagus
  • Eating with a Gastric Band

    When people hear that gastric banding will force them to eat less, they may not realize exactly what that means. According to the University of California San Diego (UCSD) Bariatric and Metabolic Institute, you need to eat only soft foods (like mashed potatoes or baby food) for the first five weeks after surgery. Then, you will still need to ay close attention to your diet—gastric banding isn’t a miracle fix; you’ll still need to eat well. Many patients have difficulty with solid foods in the morning. In addition, eating too much food or big chunks of food can block the outlet–the outlet is about the size of a dime, so food needs to be eaten in small bits and thoroughly chewed.

    In addition, the stomach pouch can only hold about 1/4 cup of food. Visually, that’s about the size of a deck of cards. That’s the total amount of each meal—any more than that can stretch out the pouch and potentially cause health problems.

    The Institute also recommends that you avoid high-fiber foods, including (but not limited to):

    • dried fruits
    • asparagus
    • pineapple
    • corn (especially popcorn)
    • grapes
    • nuts and seeds
    • carbonated beverages

    Glamorizing Lap-Band

    For some people, gastric banding can be a literal life-saver. But some people are attracted by what might be considered a simple way to lose weight.

    “FDA’s concern is that these ads glamorize the Lap-Band without communicating any of the risks,” says Steven Silverman, director of the Office of Compliance in FDA’s Center for Devices and Radiological Health. “Consumers, who may be influenced by misleading advertising, need to be fully aware of the risks of any surgical procedure.”

    Gastric banding is anything but simple. In fact, according to an article in the Los Angeles Times, at least four people have died of Lap-Band complications at the eight California surgical centers involved in the FDA warning. This is not a surgery to be undertaken lightly.

    If you are considering gastric banding, talk with your doctors about all the pros and cons…and ask to talk with people who have already had the surgery. There may be a support group that meets in your area. Understand that your life will change dramatically after the surgery, and not just because you might lose weight.

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    9
    Dec

    Fires in Surgery a Danger to Patients

    I had heard about fires that break out during surgical procedures, but I thought that they were exceedingly rare. But according to a notification by the U.S. Food and Drug Administration (FDA), every year about 650 patients are injured by surgical fires. In some cases, the injuries are life threatening. In addition, more fires start but are put out before they reach the patient. So while the fires are not common, they are not as rare as many people think. Here are “Things Patients Should Know,” from the Empowered Patient Coalition.

    1. HOW FIRES HAPPEN: Three things have to be present for a fire to start. This “Fire Triangle” includes heat, a source of “fuel” (something that will burn) and oxygen.
    2. SURGICAL FIRES ARE PREVENTABLE: Surgical fires do not have to happen and can be avoided with proper precautions and communication by the surgical team.
    3. HEAD AND NECK SURGERY: Procedures in the head and neck area pose a greater risk of fire due to the potential for an oxygen-rich environment around a patient’s face from a breathing mask.
    4. PRE-OPERATIVE SKIN CLEANSERS: Skin “preps” often contain alcohol, which is flammable. Skin cleaners may pool in the skin folds –especially on overweight patients – so these cleansers need time to dry before surgery begins.
    5. DRAPING: Surgical drapes can catch fire and they can hide the “pooling” of liquid alcohol skin preps. Drapes can also trap alcohol vapors from skin preps, which can ignite if exposed to heat and oxygen.
    6. DEVICES USED TO CUT TISSUE: Tools such as electrocautery (tissue-cutting) units (sometimes called a Bovie), lasers, fiber-optic lights and cables can generate heat or sparks and cause a fire. These devices are also used in dental offices, so ask about safety precautions.
    7. FACIAL HAIR: Hair on the face may need to be covered with water soluble jelly – this is important for head and neck surgeries and for patients with beards, moustaches and thick eyebrows.
    8. ROOM AIR: If possible, the patient should be kept on room air and not highly concentrated oxygen. If extra oxygen is needed, it should be the lowest concentration that is safe for the patient.
    9. STAFF TRAINING: Ask if the staff is trained in preventing, recognizing and putting out surgical fires. What precautions do they have in place to protect patients? Will water and CO2 fire extinguishers be readily available in the OR?

    The Empowered Patient Coalition is a consumer- and advocate-led effort to inform, engage, and empower the public to assume a greater role in their own medical treatment and in becoming a driving force for meaningful health care reform. You can learn more about their work here:  www.EmpoweredPatientCoalition.org

    If you were injured by a surgical fire, you may be able to collect compensation for your injuries. To speak with a attorney, feel free to call HensonFuerst anytime at 1-800-4-LAWMED.  You can learn more about our firm at www.lawmed.com. If you have questions, HensonFuerst has answers.

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    8
    Dec

    Hormone in Yaz® Linked To Higher Risk Of Blood Clots

    December 8, 2011

    On the heels of research suggesting newer birth control pills may pose more of a risk for blood clots than older contraceptives, regulators with the Food and Drug Administration (FDA) are requiring a warning label update be made for newer contraceptive pills, ABC 11 News reported Tuesday.

    A synthetic hormone known as drospirenone is at the center of the debate. It was marketed to drug manufacturers several years ago as having fewer side effects than active ingredients previously used in the drugs. Now, several large independent studies have shown that drugs containing the hormone may put users at a greater risk of developing potentially fatal blood clots.

    Although the FDA has determined that the study’s results are inconclusive, they felt that the information should be included in the warning labels. Today, the agency is asking for the opinions of experts to help determine whether or not some women should not be allowed to use the medications.

    The North Carolina Yaz® Injury Lawyers with HensonFuerst often deal with cases involving drug injuries. If you have been injured by taking the drug Yaz®, contact us with questions regarding your case today.

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    29
    Nov

    Diagnosing Hip Replacement Injury

    You may recall a blog we posted last month called “Hip Replacements Fail, Sometimes Without Symptoms,” which we wrote in response to an article in The New York Times about people who have been injured by DePuy hip replacement devices.

    In a nutshell, this is the story to date:  In 2010, Johnson & Johnson recalled two DePuy hip replacement devices due to a higher-than-usual failure rate. With the DePuy and other metal-on-metal hip replacements, the devices can shed tiny bits of metallic debris. The human body doesn’t tolerate foreign substances, so it releases scavenger cells to try to get rid of those shards of metal. But the process converts the metal particles into biologically active metallic ions that can slowly destroy healthy body tissue, such as joints and muscle.

    What happens is that the hip replacements fail, requiring a second replacement. The goal is to replace the replacement before permanent damage is done to the surrounding muscle and tissue. Sometimes the symptoms are obvious and very painful. But more and more, doctors are discovering that some people can have severe damage without overt symptoms. That could have happened to Cyndi Lafuente, but she caught the problem early. Her story, as told to The New York Times is this:

    Cyndi Lafuente, a senior adviser at the Internal Revenue Service, learned last year that the model of artificial hip she got in 2007 was being recalled by its manufacturer, the DePuy division of Johnson & Johnson, because of its high early failure rate. Ms. Lafuente said she contacted her surgeon, who ordered a blood test and diagnostic scans, which came back with normal results. Still concerned, she contacted a British researcher, Dr. David Langton, who had helped sound the alarm about the recalled model.

    In January, she met again with her orthopedist, armed with information from that talk and other research. The physician suggested that they run an added test. It showed very high metal levels, she said.

    Now, four months after replacement surgery, her recovery has been slow and her leg is still weak, said Ms. Lafuente, who has sued DePuy.

    “If I had not played an aggressive role, I think I would have had permanent damage” to muscle or bone, she said.

    THE STORY CONTINUES

    After our blog was posted, we heard from Ms. Lafuente. She asked if we could provide information that The New York Times left out of their article, and we are happy to do so. This additional information is important to anyone who has had a metal-on-metal hip replacement from DePuy or other manufacturer.

    When evaluating patients for possible hip damage due to these devices, doctors commonly use blood test to check for metal ions, and sometimes MRI or CT scans. Ms. Lafuente had those tests, but they all came back “normal.” She was persistent. When she contacted Dr. Langton in Great Britain, he told her that U.S. doctors recommend expensive but noninvasive tests, such as MRIs. However, the British health service opts for an invasive but less expensive test—a hip aspiration.

    Aspiration involves putting a large needle into the hip joint and drawing out small amounts of fluid to test for the presence of metal. When Ms. Lafuente had the aspiration, the results were that her metal count was 1703, which she was told was about 10 times higher than normal. She underwent a revision surgery in June 2011, and now, five months later, she is still recovering.

    Ms. Lafuente contacted us because she believes that this information could save other hip replacement patients from needless suffering and possible permanent damage. Her advice, in her own words:

    Hey!  If you have an ASR XL [one of the DePuy hip replacement models], talk to your doc even if you are asymptomatic. Come up with a game plan that makes sense and keeps you from getting permanent damage.  Maybe the right thing is to be aspirated once a year, even if just to give you the same peace of mind that my doc gave me.

    And if your doc is a jerk, go to a different doc.  Trust me.  Find someone who knows what they are doing and change docs.  The doc who implanted you with an ASR XL may have only done a couple of these, and it just won’t be worth his time to stay up to date on new developments as this thing unfolds.  Your hip deserves someone better.

    So, the long and short of it is this — asymptomatic ASR XL patients:  you need to be especially alert to changes in your body.  Be your own advocate and consult with your doc about aspiration.

    WHAT TO DO

    We agree with Ms. Lafuente that anyone who has had a metal-on-metal hip replacement should speak with their doctor about the risk of possible device failure or injury. We urge you to have this conversation regardless of whether you have symptoms or not. Sometimes the damage is silent, and you may not feel symptoms until massive, permanent damage is done. When you speak with your doctor, arm yourself with as much information as possible. At a bare minimum, print out the articles we’ve listed at the bottom of this blog.

    In addition, if you have been injured by a hip replacement, consider speaking with an experienced implant lawyer, someone who can help you get compensation for your injury. The experienced attorneys of HensonFuerst are available to consult with you anytime at 1-800-4-LAWMED. And for more information about the DePuy hip replacement recall, visit our website at www.lawmed.com.

    RESOURCES

    To read the full article in The New York Times, click here:  Remedy is Elusive as Metallic Hips Fail at a Fast Rate

    To read our original blog about failing hip replacements, click here: Hip Replacements Fail, Sometimes Without Symptoms

    To read more about Cyndi Lafuente’s story click here: Aspiration Revealed My ASR Device Had Failed

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    3
    Nov

    GlaxoSmithKline Agrees To Pay Federal Government $3 Billion

    November 3, 2011

    In an agreement reached yesterday, Drug maker GlaxoSmithKline (GSK) will pay the United States Government $3 billion to settle investigations into the company’s sales and marketing tactics regarding it’s drug, Avandia. According to WRAL News, the deal stems from 2004 allegations that the company had price irregularities with the drug and did not fully disclose the dangers of the medication posed in marketing materials.

    Documents show that the settlement will cover both civil and criminal liabilities for the company. As part of the agreement though, the company had to change policy and procedure for compensation of it’s sales force. The company says that bonuses paid to representatives of the company will no longer be based on hitting individual sales targets, but will rather focus on the quality of service that customers receive.

    The company is hoping that these strategic moves will put to rest much of the controversy the company has faced regarding its business practices. The company says the payment will be made in the next fiscal year and will come from its cash assets. In all, GSK says it has paid out more $6 billion in settlements surrounding the drug Avandia.

    The North Carolina Drug Injury Lawyers with HensonFuerst often deal with cases involving drug injuries. If you or someone you know has been the victim of a drug injury, contact HensonFuerst for a free intial consultation today.

    Popularity: 2% [?]

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    11
    Oct

    Doctors and Nurses Can Transmit Deadly Bacteria

    Hospitals are filled with all different kinds of bacteria. As doctors and nurses move from patient to patient, the conscientious ones wash their hands before examining each new patient. That simple act of using soap and water is the single best way to prevent the transmission of bacteria from one very sick person to another.

    Now, a new study published in the American Journal of Infection Control reveals a startling source of bacterial infection: hospital uniforms.

    According to an article on ScienceDaily, a team of researchers collected swab samples from three parts of the uniforms of 75 registered nurses and 60 medical doctors: the abdominal zone, sleeve ends, and pockets. Exactly half the samples taken contained some serious germs. Some of those samples contained deadly multi-drug resistant pathogens, including methicillin-resistant Staphylococcus aureus (MRSA).

    This means that we now have a new potential source of contamination in hospitals.

    According to the World Health Organization, the risk of healthcare-associated infection (HAI) in some developing countries is as much as 20 times higher than in developed countries. Even in hospitals in developed countries like Israel, the site of this investigation, and the U.S., HAIs occur too often, can be deadly, and are expensive to treat.

    For doctors, nurses, and hospitals that care about patient safety, this information should trigger new thoughts and new strategies for contamination control. What might these new strategies look like? Perhaps wearing a fresh lab coat when treating MRSA-infected patients, and changing the coat before seeing the next patient…  perhaps wearing and changing latex gloves more often… perhaps becoming more aware of potentially contaminated hands so that doctors and nurses don’t automatically reach into their pockets with germ-covered hands. Those are just ideas from this one blogger. Imagine what innovations could be discovered by infection professionals.

    And please, Doctors and Nurses, wash your hands before examining patients! It is still the best infection prevention. (And if you happen to be a patient in a hospital, feel free to demand that all medical personnel wash their hands before touching you. Don’t worry if they roll their eyes; you may be saving yourself from an incurable bacterial infection.)

    RESOURCES

    To read a summary of the research published in the American Journal of Infection Control, click here: Nursing and physician attire as possible source of infection

    To read the full ScienceDaily article, click here: Hospital Uniforms Contain Dangerous Bacteria

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