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30
Dec

Top Motor Vehicle Story of 2011

Of the hundreds of blogs we write each year, hand-down the number one motor vehicle story of the year is about DWD—Driving While Distracted.  The National Safety Council estimates that about 23% of all motor vehicle crashes can be attributed to talking on a cell phone or texting while driving. That’s about 1.3 million crashes per year. In fact, just talking on a cell phone—even hands-free phones—increase the risk of a crash fourfold. That statistic makes DWD the biggest motor vehicle story of this year…or any other year in recent memory.  (To read any of the blogs, click on the title and you’ll be taken directly to the story.)

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 motor vehicle and car wreck videos:

Popularity: 2% [?]

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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.

Popularity: 2% [?]

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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.

    Popularity: 3% [?]

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    16
    Dec

    FDA Wants Blood Clots Added to YAZ Labels

    The U.S. Food & Drug Administration (FDA) has recommended that the labels for birth control pills Yaz and Yasmin, manufactured by Bayer HealthCare Pharmaceuticals, be strengthened to include more information about the increased risk of blood clots.

    This is not Bayer’s first appearance at the FDA scrutiny rodeo. In 2008, Yaz was the best-selling birth control pill in the United States, pushed by an advertising campaign said to have cost hundreds of millions of dollars. You might remember these original ads:  A group of beautiful, young women in a cool restaurant or club are talking with their friend, who happens to be a doctor. She informs her friends that Yaz is birth control, but also prevents severe premenstrual symptoms and clears up acne. As the saying goes, if it sounds too good to be true, it probably is.  The FDA cracked down, and in 2009, Bayer was required to run a $20 million advertising campaign designed to correct its previously deceptive—and some might say irresponsible—commercial ads. Bayer’s new ads warned that nobody should take Yaz hoping that it would also prevent PMS or pimples.

    This new problem is more serious.

    According to an article in The New York Times, there has been a question of whether Yaz, which contains a synthetic form of progestin called drospirenone, is more likely to cause blood clots than other, more conventional contraceptive pills. In October 2011, the British Journal of Medicine published research showing that women taking Yaz or Yasmin had double the risk of blood clots, compared with women taking older contraceptives.

    Currently more than 10,000 lawsuits have been filed on behalf of women who were harmed by Yaz or Yasmin…including about 100 fatalities. According to The New York Times:

    In documents released recently in those lawsuits, David Kessler, a former F.D.A. commissioner working as an expert witness for the plaintiffs, said that Bayer researchers found increased reports of blood clots in women using Yasmin in the United States, compared with those using three other pills, but did not provide that information to the F.D.A. in a 2004 safety review.

    “Bayer presented a selective view of the data, and that presentation obscured the potential risks associated with Yasmin,” Dr. Kessler testified. He also said the company promoted the pill for alleviating premenstrual syndrome, when it was not approved for that use.

    To many experts and non-experts alike, blood clots are too great a risk. And many young women may not understand what “blood clots” really means. It sounds innocuous and minor, but the results can be devastating. If the clot lodges in the heart, it can cause a heart attack…if it lodges in the brain, it can cause a life-changing stroke. According to an article in the New York Daily News:

    “I can see no real group of patients that this drug benefited over existing alternatives,” said Mark Woods of New York University School of Medicine. “Without any clear benefit, and given the potentially catastrophic risk, I voted no [to keeping the drug on the market].”

    If you are a woman who has been injured after taking Yaz or Yasmin birth control pills and have questions about your rights, feel free to call the experienced attorneys of HensonFuerst. Someone is available to take your call 24 hours a day, 7 days a week at 1-800-4-LAWMED. If you have questions, HensonFuerst has answers.

    RESOURCES

    To read the article in The New York Times about the 2009 advertising correction, click here: A Birth Control Pill That Promised Too Much

    To read the article in The New York Times about the blood clot risk, click here: More Detail on Risk Urged for a Contraceptive Label

    To read the article in the New York Daily News, click here: Yaz and other birth control pills to get harsher labels

    Popularity: 2% [?]

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    15
    Dec

    Two Siblings Treated For Smoke Inhalation After Raleigh Fire

    December 15, 2011

    An early morning fire in Raleigh, North Carolina, on Wednesday sent a child and his infant sibling to the hospital. According to WRAL News, firefighters received the two-alarm call to the 1500 Block of N. Raleigh Boulevard at around 4:30 in the morning.

    Witnesses stated that a single mother of four lived in the apartment where the fire originated. Rescuers were able to pull the family to safety, but the eldest child soon went into respiratory arrest and had to be revived by paramedics. Both the child and his infant sibling were taken to WakeMed to be treated for smoke inhalation. The children’s mother was taken to UNC Hospitals in Chapel Hill to have several cuts examined that happened when she fell as she was fleeing from the fire.

    Investigators say the cause of the blaze was unattended food cooking on a stove top.

    One of the most common and deadly injuries one can suffer in a fire is smoke inhalation. Coroners often find that victims in fatal fires were dead from inhaling the surrounding fumes long before they are ever burned. Some of the common side effects of smoke inhalation are:

    • Sore, irritated throat
    • Coughing and Hoarseness
    • Difficulty Breathing
    • Change in skin tone
    • Headache and Nausea

    Some overseas studies have even linked smoke inhalation to an increased risk of lung cancer later in life.

    If you have suffered a fire and burn injury that was caused at no fault of your own, contact the North Carolina Fire and Burn Injury Lawyers with HensonFuerst today to discuss your options with an experienced team of attorneys.

    Popularity: 2% [?]

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    12
    Dec

    Ten Worst Insurance Companies in America

    The American Association for Justice (AAJ) has published a document listing the ten worst insurance companies in America. To come up with this list, researchers at the AAJ undertook a comprehensive investigation of thousands of court documents, SEC and FBI records, state insurance department investigations and complaints, news accounts from across the country, and the testimony and depositions of former insurance agents and adjusters.

    Is your insurer on the list?

    AAJ’s List of the Worst Insurance Companies

    1. Allstate—the worst of the worst, called a poster child for insurance industry greed. The number of complaints filed against Allstate are greater than those of almost all its major competitors combined. The company fights its clients to avoid paying for claims. According to a former Allstate adjuster, “We were told to lie by our supervisors—it’s tough to look at people and know you’re lying.” Former employees call the company’s unofficial policy the “three Ds”: Deny…Delay…Defend. Adjusters say they were rewarded for keeping claims payments low, even if they had to deceive their customers.
    2. Unum—one of the nation’s leading disability insurers, with a long reputation for unfairly denying and delaying claims. As an example: Debra Potter, who developed multiple sclerosis and became totally disabled. But when she filed a claim for disability, Unum denied the claim saying, in effect, that she was making it up without doctor verification. Her doctor wrote note after note explaining that the disease and disability were real, but Unum continued to deny the claim for three years. She only got justice when she hired a lawyer.
    3. AIG—the world’s biggest insurer, but with a long history of claims-handling abuses.
    4. State Farm—the nation’s biggest property casualty insurance company, with a reputation for its deny and delay tactics. According to the AAJ, the extreme lengths the company goes through to avoid paying claims include forging signatures on earthquake waivers after the deadly Northridge earthquake, and altering engineering reports regarding damage after Hurricane Katrina.
    5. Conseco—sells long-term care policies that are supposed to help take care of people when they are old and need help.  The company’s tactic is to wait and delay, knowing that if it waits long enough to pay out claims, its customers will die.
    6. WellPoint—according to the AAJ, Wellpoint routinely cancels the policies of pregnant women and chronically ill patients.
    7. Farmers—rewards adjusters who meet low payment goals, sometimes with such measly rewards as pizza parties. One example: 60-year-old Ethel Adams, who was involved in a multi-vehicle accident that put her in a coma for nine days and left her with devastating injuries, including the losing the use of her legs. Incredibly, Farmers denied her claim, reasoning that the driver at fault had acted in a moment of intentional road rage, and thus the crash was not an accident. The company’s denial caused an outcry, and Farmers Los Angeles headquarters was flooded with calls and emails from angry policyholders threatening to boycott the company. Farmers only caved when the Washington State Insurance Commissioner threatened the company with legal action.
    8. UnitedHealth—this company has been plague by accusations of greed so rampant that it puts patients at risk.
    9. Torchmark—this company has subsidiaries that offer low-cost burial insurance, cancer insurance, and life insurance. The company has come under fire for a variety of transgressions, including charging minority policyholders more than whites.
    10. Liberty Mutual—like other companies, they adopted a policy of deny, delay, and defend. In addition, Liberty Mutual has been cited by regulators for systematic bid-rigging.

    To read the full report from the American Association for Justice, click here:  The Ten Worst Insurance Companies In America

    Popularity: 4% [?]

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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.

    Popularity: 2% [?]

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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.

    Popularity: 2% [?]

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    5
    Dec

    Holiday “Booze It & Lose It” Campaign Has Begun

    State and local law enforcement officers will be working to keep motorists safe this celebratory season with the Holiday “Booze It & Lose It” campaign. Checkpoints and stepped-up patrols will be conducted across North Carolina, now through Monday, Jan. 2. This is part of the ongoing effort by the Governor’s Highway Safety Program (GHSP) to remove impaired drivers from the roads.

    “Please plan ahead and designate a sober driver this season so everyone can make it home safe over the holidays,” State Transportation Secretary Gene Conti said.

    In 2010, there were 1,017 alcohol-related crashes in North Carolina during the holiday campaign, which ran from Dec. 3 through Jan. 2, resulting in 31 fatalities and 728 injuries. That’s one death each day of the campaign…a steep price for a little too much holiday cheer.

    In addition, officers charged more than 3,800 North Carolina motorists with driving while impaired during the 2010 Holiday “Booze It & Lose It” campaign.

    Wishing all of you a safe and happy (and let me repeat: SAFE) holiday season!

    Popularity: 2% [?]

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    2
    Dec

    NC Drivers Still Breaking Simple Laws

    On December 1, 35 new laws took effect in North Carolina. Of course, the NC State Highway Patrol is still trying to enforce laws already on the books, especially the “No Texting While Driving” law. According to an article on WRAL.com:

    Sgt. Jeff Gordon said distracted driving is still a huge issue across the state. ”I see a lot of people driving with their elbows on the steering wheel, texting with one hand,” Gordon said.

    Texting while driving—or any kind of DWD (Driving While Distracted)—has been shown to be as hazardous as driving drunk. But it doesn’t stop texters. And have you ever seen anyone try to make a three-point turn while holding a cell phone in one hand? I have…in fact, I had to wait in the middle of a road while a young man tried this circus-like maneuver in front of me. I would have applauded, but when he finally got his car pointed in the proper direction, he ended up in the wrong lane.

    Another law that has been in effect for the past year and is virtually ignored is the law that prohibits large frames around license plates. (To see our video detailing the rules of this law, click here:  http://www.youtube.com/watch?v=UII9dVI5_tc)

    In short, anything blocking the license plate information—not just the large numbers and letters in the center—is illegal.

    NEW LAWS

    One of the news laws of 2011 is “Laura’s Law,” which helps take repeat drunk driving offenders off the road. The law was named for Laura Fortenberry, a 17-year-old young woman who was killed by a drunk driver who had multiple previous driving-while-impaired offenses. With this law, convicted drunk drivers with certain aggravating factors will face larger fines and more time behind bars.

    The “Run and You’re Done” law attempts to prevent high-speed chases by allowing the sheriff to seize the chased car if the suspect is charged with a felony. If the suspect is convicted of the felony, the car will be sold and proceeds will go to local school districts.

    Popularity: 2% [?]