Tampa Bay Personal Injury Lawyer - Er

Toyota Recalls 4.26 Million Vehicles for Accelerator Defect

Joe Saunders — Mon, 30 Nov 2009 09:45:45 GMT

Toyota has recalled more than 4 million vehicles due to a defect with the car's accelerator. The defects involve accelerators that are jammed open by floor mats. The dangerous defects have led to auto deaths including the death of a California Highway Patrol officer and three family members. Since 2002, the sudden acceleration defects have claimed the lives of at least 19 motorists who've experienced such Toyota accelerator defects.

Toyota has received strong criticism for their inaction and failure to warn motorists of the problem. "They knew something was wrong way before that San Diego accident happened," said Rebecca Lindland, an auto industry analyst for consulting firm IHS Global Insight. "That was just the catalyst to get them to finally do something."

Originally posted at InjuryBoard by Joe Saunders

Nonprofit Nursing Homes Provide Better Care

Don Greiwe — Thu, 01 Oct 2009 08:01:00 GMT

A group of doctors from around the world have came together to take a hard look at the relationship between nursing homes and profiteering, and the results reaffirm what many of us would have guessed: Nonprofit nursing homes provide better care than for-profit nursing homes.

Dr. Gordon Huyatt, the senior author of the study, stated “the reason patients' quality of care is inferior in for-profit nursing homes is that administrators must spend 10 percent to 15 percent of revenues satisfying shareholders and paying taxes,” and as a result, “For-profit providers cut corners to ensure shareholders achieve their expected return on investment.”

Looking at 82 different statistical studies taken into account, 40 significantly favored nonprofit facilities. This means that in 40 of the 82 reports, it was obvious that patients received better care at the nonprofit facilities compared to for-profit facilities. On the flip side, only 3 of those studies favored for-profit facilities. The remaining 39 studies had inconsistent findings and were not counted either way. The study looked at four major factors in determining quality of care:

More or higher quality staffing;
Lower rates of pressure ulcers;
Less use of physical restraints; and
Fewer deficiencies cited by regulatory agencies.

These findings have significant implications for patients across America. Of the roughly 80,000 patients who have bedsores, 7,000 of those can be attributed to for-profit ownership. Additionally, the study went on to predict that if all the current for-profit nursing homes converted to nonprofit, 500,000 hours a DAY would become available to residents without additional cost.

There are many ways to interpret the study data, but the overall conclusion is clear: nonprofit nursing homes offer better care than for-profit ones. These sorts of studies may be very important in the health care reform debate, as many reformers push for an increase in “evidence-based medical treatment.”

Moving forward, if you or a loved one needs the care of a nursing home, look into whether that home is for-profit or not, because it clearly should be a factor to consider.

Originally posted at InjuryBoard by Don Greiwe

Pfizer Pleads Guilty to Criminally Illegal Marketing

Don Greiwe — Mon, 21 Sep 2009 09:42:52 GMT

Earlier this month, drug giant Pfizer agreed to pay a $2.3 billion penalty to settle claims over payment of kickbacks and illegal drug marketing and promotion that violated federal drug laws over an extensive period of time. The $2.3 billion settlement is the largest health care fine in U.S. history. As part of the settlement, Pfizer will pay a $1.2 billion criminal fine, a $105 criminal forfeiture, and pay another $1 billion to Medicaid, Medicare, and other federal healthcare programs. The government said the Pfizer promoted four prescription drugs, including the pain killer Bextra, Geodon (anti-psychotic), Zyvox (an anti-biotic) and Lyrica (an anti-epileptic), as treatments for medical conditions different than those the drugs had been approved for by the FDA.

While it’s not uncommon for doctors to prescribe drugs for off-label medical conditions, drug manufacturers are strictly prohibited from marketing drugs for uses that have not been approved by the Food and Drug Administration. According to federal authorities, Pfizer encouraged its agents to wine and dine doctors in order to encourage prescribing the four drugs for off-label medical conditions. Pfizer officials even went so far as to create phony doctor requests for medical information in order to send unsolicited information to doctors about unapproved uses and dosages.

"Combating health care fraud is one of this administration's top priorities," Assistant Attorney General Thomas Perelli said in announcing the settlement. Perelli added the settlement illustrates ways the department "can help the American public at a time when budgets are tight and health care costs are rising."

The fraud and illegal conduct by Pfizer jeopardizes public health, corrupts medical decisions by health care providers, and wastes billions of government dollars. This massive settlement is just an example of how far the government is willing to go to combat this egregious behavior and corporate greed. Hopefully, it will serve to deter other pharmaceutical companies from similar practices.

Originally posted at InjuryBoard by Don Greiwe

Published Medical Journal Articles Concerning HRT Revealed to Be “Ghostwritten”

Jim Clark — Thu, 20 Aug 2009 08:00:00 GMT

Recently disclosed court documents reveal that Wyeth, the pharmaceutical giant behind hormone replacement medications Premarin and Prempro, has played a “major role” in 26 scientific articles published backing the medications. The articles are being criticized as over-emphasizing the benefits of hormone replacement therapy and downplaying the known risks. Wyeth solicited and paid surrogate non-medical authors to draft the articles and then paid doctors, who were “consensus builders” within the medical community, to sign off as authors in order to create the illusion of a positive general consensus among doctors that the therapy was safe and effective. And for a time, this “ghostwriting” worked. Sales of Wyeth’s HRT drugs soared to $2 billion in 2001.

But, in 2002, a huge ($700 million, 8 year) U.S. government study (Woman's Health Initiative) stopped early when researchers found menopausal patients faced a big increased risk for invasive breast cancer, heart disease, and stroke while on HRT medication. Multiple follow-up studies have been published including one from February of 2009 in the New England Journal of Medicine that support the conclusion that the decline in U.S. breast cancer rates is largely related to the decline in HRT use. Sales have plummeted for HRT medication in light of recent media reports, and prescriptions are down from nearly 70 million in 2001 to less than 15 million in 2008.

Wyeth claims that the practice of hiring surrogate authors who serve as “ghostwriters” and then having doctors sign off on these favorable articles is common practice and a matter of convenience, not deception. Wyeth also claims that the articles are scientifically accurate. Even if convenience is a valid consideration – and even if the numbers in the articles were accurate – that does not mean that the articles were not written in a way favorable to Wyeth (when in fact, they were). Nor did the articles disclose Wyeth’s funding of the article’s production. Effectively – whether or not Wyeth’s ghostwritten articles were truthful in what they did say is irrelevant because it was deceptive in what they did not say.

Our firm has been deeply involved with HRT litigation, and we currently are representing over 100 women injured by HRT medication. In May of 2010, our firm has the first HRT trial scheduled in the State of Florida against Wyeth.

Originally posted at InjuryBoard by Jim Clark

Youth Pastor Sent to Prison for Sex Abuse

Joe Saunders — Tue, 18 Aug 2009 20:54:31 GMT

Scott Dewayne Wright, 35, was a youth pastor at Calvary Chapel Worship Center in NewPort Richey. He pleaded guilty to unlawful sexual activity with a minor child and received a 49 months in prison. The victim's name has been witheld due to her age. He abused the young girl at her home. He befriended the child while serving as a youth pastor and had gained the trust and confidence of the victim's family. Wright, married and a father of four, will not be allowed to live near children once he leaves prison. He'll also be a registered sex offender and be placed on sex offender probation. It's yet to be determined whether he'll have visitation priviledges regarding his own children.

Originally posted at InjuryBoard by Joe Saunders

Chantix - A Cure Worse Than the Disease?

C. Todd Alley — Tue, 21 Jul 2009 12:00:00 GMT

Chantix has become the leading prescription to help smokers kick the habit. Pfizer, Manufacturer of Chantix, has reported skyrocketing sales since its introduction in 2006. Sales totaled $101 million in 2006, $883 million in 2007, and $846 in 2008. It’s dominant in its market, with a reported 90% market share.

Chantix is unique because it not only reduces the urge to smoke, it actually blocks the brain’s nicotine receptors. This means if the smoker lapses and lights up, it won’t satisfy the nicotine craving. Chantix can be taken up to 12 weeks, by which time the smoker should have lost any urge to smoke. By design, Chantix users experience the similar symptoms of quitting smoking cold turkey. Many patients experience mood swings, depression, and even thoughts of suicide. Pfizer has stated these side effects are a result of nicotine withdrawal, and not the drug itself. Other’s believe there is a link to Chantix and the psychological side effects.

Since Chantix was approved just a little more than three years ago in May of 2006, considerable controversy has mounted. Within months of its approval, the FDA issued public warnings about the increasing likelihood of Chantix being associated with serious changes in patients' behavior including agitation, hostility, depression, suicidal thoughts, and reports of attempted and completed suicide. In many cases, the problems began shortly after starting the medication and ended when the mediation was stopped. In 2007, the FDA released an alert to doctors to look for unusual behavior. This came shortly after the musician Carter Albrect was shot and killed. Those close to him cited his use of Chantix and atypical behavior leading up to his death.

The FDA issued a Public Health Advisory on February 1, 2008, to alert patients, doctors, and caregivers to important new safety warnings on the drug label relating to suicidal behavior and several other neuropsychiatic symptoms. Also, in 2008, the FAA banned the use of Chantix by pilots and co-pilots, citing possible psychological side effects. Also in 2008, the Department of Veterans Affairs made headline news by issuing Chantix to soldiers with post-traumatic stress disorder. Earlier this year Health Canada (Canada’s Public Health Department) revised the warnings of Chantix after receiving over 800 reports of adverse psychological side effects. Most recently, the FDA has (finally) required Pfizer to place new warnings in the form of a Boxed Warning – the strongest warning possible – highlighting the risks concerning Chantix and a link to changes in behavior, hostility, agitation, depressed mood, suicidal thoughts and behavior, and attempted suicide. The FDA has instructed doctors to have their patients cease use immediately if they experience any of these side effects.

With hundreds of suicides reportedly linked to Chantix, and thousands more attempted suicides, Pfizer has gone far too long downplaying the psychological side effects as simply nicotine withdrawal.

Originally posted at InjuryBoard by C. Todd Alley

Musings from the All-Star Game

Joe Saunders — Wed, 15 Jul 2009 08:25:59 GMT

I had the opportunity to attend last night's All-Star game in St. Louis with my son last evening. It was a great game-fast paced with some exciting plays in the field, especially by hometown favorite Carl Crawford.

As we prepare to travel back to Tampa today, I couldn't help but think about the goodwill generated by the pre-game ceremonies, the back stories about the players, and the game itself. Baseball is fortunate to have many goodwill ambassadors, perhaps none more exemplary than Albert Pujols. Besides being a fantastic ballplayer, he's a gentleman who's humble and gives back to his St. Louis community.

These players and an exciting game last night help fans forget about the problems that linger in baseball such as steroids and the use of banned substances. In some instances, such as JC Romero's case, the banned substance violation should scare us all. Romero was suspended for using a banned substance that he purchased at a GNC store in Cherry Hill, NJ. He consulted with the team trainer about the purchased dietary supplement and was given the go-ahead to use it. Unfortunately, for Romero, the product labeling wasn't complete and 6-OXO Extreme contained substances (unknown to Romero) banned by Major League Baseball.

Romero's case points out a potential problem for all of us with dietary supplements. The products aren't evaluated or regulated by the FDA. While they boast about using "all natural" ingredients, the consumer never knows the combinations of those ingredients nor the quantities mixed together. It's a dangerous situation for all consumers, not just ball players.

Anyway, steroids and banned substances aside, baseball is alive and well because of the quality of its players. They are not only All-Stary because of their physical prowess. They are All-Stars as well for the content of their character.

Originally posted at InjuryBoard by Joe Saunders

Doctor, Pharmacist Errors Lead to Acetaminophen Overdoses

Joe Saunders — Mon, 13 Jul 2009 14:50:26 GMT

When doctors prescribe pain medicines such as Percocet and instruct their patients to take one or two pills every four hours, they may be liable for acetaminophen overdoses. While prescribing such pain medicines, doctors often focus their attention on the amount of narcotic prescribed and fail to recognize that the amount of acetaminophen in those doses far exceeds the four gram safe limit of acetaminophen. Such errors may result in liver injury, liver failure and death.

Doctors are not the only health professionals liable for such errors. The pharmacists who fill such prescriptions may also be legally liable for the acetaminophen overdosage. Drugs containing acetaminophen are ubiquitous and healthcare professionals must take into account the overall acetaminophen a patient may be taking at a given time. Acetaminophen is found in commonly prescribed painkillers, Tylenol, cough medicine as well as many other over the counter medicines. Consumers should also be aware of the amounts of acetaminophen they're ingesting. The consequences of ignoring acetaminophen use can be fatal.

Originally posted at InjuryBoard by Joe Saunders

Reglan Adverse Events Events Jump Dramatically

Joe Saunders — Tue, 07 Jul 2009 11:08:37 GMT

The FDA is reporting that instances of adverse events have more than doubled from 2006-2008. The adverse events associated with Reglan involve a muscle disorder tardive dyskinesia. The increase precedes Reglan's black box warning. Since the reporting system is voluntary, the adverse events may be significantly higher than those reported.

Reglan and its generic equivalent metoclopramide were approved by the FDA for short term treatment for certain types of gastrointestinal disorders such as gastroesophageal reflux disease or diabetic gastroparesis. However, the drug's marketing campaign pushed for longer term usage, substantially increasing the drug company's profits.

It was until February 2009 that the FDA pushed for a black box warning for Reglan. The disorders associated with Reglan use include tardive dyskinesia, dystonia, and neuroleptic malignant syndrome. All three are neurological disorders that can cause serious side effects involving muscle movement, pain, rapid breathing, and elevated heart rate.

Originally posted at InjuryBoard by Joe Saunders

What the heck is going on in VA Hospitals?

C. Todd Alley — Mon, 06 Jul 2009 23:31:13 GMT

Two shocking news reports highlight the growing concern about VA hospital negligence and the quality of care provided to our soldiers stateside.

In the first article, reports from the New York Times and the Philadelphia Inquirer last month indicated that during a six-year period at the Veterans Affairs Medical Center in Philadelphia, approximately 92 of 116 Veterans were given incorrect radiation doses in a common surgical procedure to treat prostate cancer called brachytherapy. During this procedure, radioactive seeds are implanted surgically to kill cancer cells in the prostate. The procedure is considered relatively simple, yet investigators found that most veterans got significantly less than the prescribed dose while others received excessive radiation to nearby tissue and organs. Dale Warman of the Philadelphia VA Medical Center stated that all of the patients affected were notified and received follow up care rectifying the mistakes. Four of those patients have since died, although Mr. Warman indicated to reporters that none of the deaths were related to the botched procedures.

In an even more startling report, last month a congressional panel questioned officials at the Department of Veterans Affairs after 10,000 veterans were exposed to HIV and other infectious diseases from contaminated colonoscopy equipment at three Southeast VA hospitals (Miami, FL, Murfreesboro, Tenn., and Augusta, Ga). Some former VA patients had colonoscopies performed as long ago as 2003. Patients are at risk because according to reports, the equipment used may have been improperly operated or cleaned. As of mid-June, the VA’s Inspector General reported that six veterans taking the follow-up blood checks tested positive for HIV, 34 tested positive for hepatitis C and 13 tested positive for hepatitis B. All but 724 affected patients have been notified of test results.

Questions have been raised whether the problem is isolated to only a few VA hospitals, or if it is more widespread. The patients at the VA are current and former soldiers who have protected and served our country. The men and women of the armed forces deserve the highest quality healthcare in America. But unfortunately, these appalling reports shed light on growing concern that they receiving substandard care.

Originally posted at InjuryBoard by C. Todd Alley