Tampa Bay Personal Injury Lawyer - Governmental Liability

Heparin Finger Pointing Has Already Started

Brenda Fulmer — Thu, 06 Mar 2008 08:01:42 GMT

"A series of independent assessments, inlcuding one by the agency's own Science Board, have found that the F.D.A. is increasingly overwhelmed by its many responsibilties and is incapable of protecting the public from unsafe drugs, medical devices and food - particularly from China."

While the Food & Drug Administration continues its investigation into contaminated Heparin blood thinner products, the sparring between Baxter Healthcare and its supplier Scientific Protein Laboratories is underway. A March 6, 2008, New York Times article notes the latest findings of the FDA that Baxter's heparin products are contaminated and the investigation continues as to how the contamination occurred, whether it is isolated, why the contamination was not discovered by the product's manufacturer or supplier previously, and whether the nearly 800 reports of adverse reactions and 46 reported patient deaths are attributable to the confirmed contamination.

The article noted that Wayne Pines, a spokesman for Wisconsin-based Scientific Protein Laboratories, wanted to reassure the public that nothing improper had occurred with regard to its procurement and processing of the raw materials utilized in the product, and noted "There is no evidence of counterfeiting or tampering or anything of that nature. No one really knows what happened here." The raw materials supplier also reiterated, again, that "it is premature to conclude that the heparin active pharmaceutical ingredient sourced from China and provided by S.P.L. to Baxter is responsible for these adverse events."

Meanwhile, Baxter and its spokesperson have also entered the fray with finger pointing at Scientific Protein and, perhaps, the FDA. Baxter noted that the contamination problem may not be as isolated as indicated previously, since tained lots of blood thinners came from Scientific Protein Laboratories' processing plants located in China and Wisconsin. According to media reports, Baxter began its investigation into possible contamination in the Fall of 2007 and claims that Baxter's findings "touched on the areas" as those noted in the FDA inspection. Scientific Protein Laboratories, however, questioned the nature of the probems that Baxter contends were noted in the Fall of 2007 and why those problems were not addressed prior to the recent FDA inspections.

The FDA is also under scrutiny with this latest in a long series of serious threats to public safety. The FDA has admitted culpability in failing to properly inspect a Chinese plant implicated in the heparin contamination controversy. There are also concerns about the ability of the FDA to protect consumers from adulterated products. A recent Government Accountability Office report entitled "Preliminary Findings Suggest Weaknesses in FDA's Program for Inspecting Foreign Drug Manufacturers" noted that over a six-year period the FDA was only able to inspect less than 10% of the approximately 700 medical device plants currently operating in China and providing drugs, devices and raw materials to manufacturers in the United States. For years, the FDA has been lamenting that a significant lack of funds and lack of enforcement authority has hampered its ability to properly ensure the safety of the nation's pharmaceutical and medical device products. This is particularly disconcerting as our court system and current administration have been aggressive in their efforts over the past few years to claim that state court actions are pre-empted and to essentially immunize drug and device manufacturers from liability for defective products based upon the obviously false assumption that the FDA has the ability to adequately protect consumers. Hopefully, this latest drug safety failure will refocus attention on this issue, just as the memories of Vioxx are fading, and stem the tide of legal efforts to permit defective drugs to remain on the market and the manufacturers to escape liability or require them to assume proper responsibility to ensure the safety of their products.

Originally posted at InjuryBoard by Brenda Fulmer

Tobacco Manufacturer Moving Overseas to Avoid Regulation

Brenda Fulmer — Mon, 10 Sep 2007 09:28:25 GMT

On August 30, 2007, Altria Group announced that it was spinning off Philip Morris International and will be moving that division to Lausanne, Switzerland. Philip Morris USA will remain a division of Altria.

Big Tobacco is facing a backlash in the United States from consumers and regulators who are fed up with renegade marketing and sales tactics to expand its market as the cigarette manufacturers' oldest and most loyal customers are dying - often from smoking-related illnesses such as lung cancer, emphysema, head and neck cancers, heart attacks, and strokes. The Associated Press report noted:

The spinoff is designed to give the overseas maker of Marlboros and other cigarette brands more freedom to pursue sales growth in emerging markets, and some antitobacco critics have said that gives it the chance to unleash its marketing on non-smoking women and children in poor, developing countries.

Financial analysts lauded the spinoff which should help Philip Morris International expand its international presence. In 2006, Philip Morris International sold 831 billion cigarettes overseas in 160 countries with revenues of $48.26 billion and a 15.4% share of the global market.

Originally posted at InjuryBoard by Brenda Fulmer

Arrest Causes Miscarriage

Bob Carroll — Thu, 01 Feb 2007 05:46:11 GMT

Police officers and jailers must hear a lot of excuses. But, some excuses should make them take notice. For example, a pregnant woman who claims to be bleeding and on the way to the hospital should not be ignored.

Woman: Cops Ignored Pleas for Help at Arrest, Baby Died Next Day

A woman whose premature baby died the day after she was arrested has sued the Kansas City Police Department and two officers who repeatedly ignored her pleas for medical help while they were arresting her.
A police videotape released Tuesday shows Sofia Salva telling police officers numerous times on Feb. 5, 2006, that she was pregnant, bleeding and needed to go to a hospital.
After the ninth request, a female officer asked: "How is that my problem?"
Salva, a Sudanese native, was held overnight on traffic violations and outstanding city warrants. After being released the next morning, she delivered a premature baby boy who died after one minute, according to a lawsuit Salva filed Friday in Jackson County Circuit Court.
Salva sued officers Melody Spencer and Kevin Schnell and the Police Department for wrongful death, personal injuries and failure to provide medical assistance. Salva is seeking actual damages exceeding $25,000 and punitive damages to punish and deter such conduct in the future.
No tapes were available of Salva's time in the jail, but she contends in the lawsuit that her continued pleas for help were ignored. The next morning, jailers let her go to a hospital after she passed a large blood clot. Salva delivered a premature baby boy, who lived for one minute.

These officers and jailers fall about midway between callous and stupid. Not a good place for law enforcement to be.

Originally posted at InjuryBoard by Bob Carroll

The Hidden Defibrillator That Could Have Saved A Child's Life

Bob Carroll — Thu, 01 Feb 2007 05:30:08 GMT

What good is a first aid kit if nobody is trained to use it in an emergency? Worse, what good is it if kept hidden in a closet? A wrongful death lawsuit in Florida is asking similar questions about an automatic external defibrillator which could have saved a 12-year-old boy's life.

Indian River County school district sued over boy's death

INDIAN RIVER COUNTY -- The parents of a 12-year-old boy who died in March on the Sebastian River Middle School physical education field have filed a lawsuit against the School District and the manufacturer of the automatic external defibrillator they say should have been used to try to save their son.

Michael and Taffi Fisher Abt filed the suit in the Indian River County Circuit Court on Monday. They are requesting a jury trial.
They claim the district and Defibtech LLC of Guilford, Conn., were negligent in not ensuring school staff were trained to use the defibrillator, which can "jump-start" a heart that has stopped beating in some situations.
Michael Abt Jr. was in physical education class March 10 when he collapsed on the field. The Medical Examiners Office said at the time he most likely died from a sudden electrical short in his heart.
But the suit says Michael still had a "shockable rhythm" and could have been saved.
"Had he received a timely defibrillation shock from an AED (a defibrillator), a normal heart rhythm could have been restored and he could have been safely transported to a hospital for further treatment. Without timely access to an AED, there was little anyone could do to restore Mr. Abt's normal heart rhythm," the suit says.
A defibrillator was not used at SRMS when Michael collapsed. School officials have said the defibrillator, which was kept in the nurse's office, was en route to the physical education field when emergency medical services responded.
The suit says the defibrillator should have been accessible and employees should have known how to use it or when to use it.
"They (the district) obtained a device that can save people's lives, and they hid it," said the Abts' attorney Craig Goldenfarb, of Palm Beach. "It was in a black backpack in the nurse's office."
Since Michael's death, the Abts have founded the nonprofit Michael Abt Jr. Have A Heart Foundation to provide defibrillators to schools. Taffi Abt said the foundation has donated eight defibrillators to schools across the state.

The lawsuit will undoubtedly develop the full facts about the location of the defibrillator and the training provided to school employees in its use. At this point, however, the message to schools across the State of Florida is: Obtain a defibrillator; train personnel in its use; and, keep it readily available for medical emergencies.

Originally posted at InjuryBoard by Bob Carroll

Medical Licensing Board Should Be Held Accountable

Bob Carroll — Thu, 26 Oct 2006 07:05:54 GMT

A doctor who allegedly left California and Florida because of licensing problems obtained a license to practice medicine in Montana. Only months later a patient may have died because the doctor failed to order certain tests. The family of the deceased is seeking the right to sue Montana's licensing board. Based on the facts outlined in this news report, I think a jury should be permitted to hear this case.

Family wants to sue medical licensing board

HELENA - The family of a Chester man who died after receiving care from a doctor plagued by complaints in other states says Montana was negligent in giving the doctor a medical license, according to a case argued Wednesday before the Montana Supreme Court.
An attorney for Jack Nelson's family argued the state failed to adequately look into the doctor's troubled past.

Dr. Thomas Stephenson, who practiced in Chester, should have faced a "contested case hearing" held by an objective hearing officer before he was granted a medical license in Montana, said Great Falls attorney Norman Newhall.
A lawyer for the Montana Board of Medical Examiners said the board did what it was required to do under law, and has immunity from claims of negligence since it performs a legally recognized quasi-judicial function. Those who have such immunity, such as prosecutors, cannot be sued for discretionary decisions they make, said Helena attorney Elizabeth Baker.
The high court said it will rule later on whether the board can be held accountable for issuing the license.
A lower court has already sided with the state's argument, a decision Nelson's family appealed to the Supreme Court.
The family argues that Stephenson, just months after getting his full medical license in 1999, did not order an obviously needed diagnostic test days before Nelson died of a ruptured aneurysm. The test would have shown he clearly needed surgery, they argued.
Instead, Nelson's family said that the doctor was not properly trained and he dismissed Nelson with a vague instruction to come back in a week for an X-ray.
He was out of touch with standard techniques because he had graduated from medical school in the 1960s and had spent many years since in another field _ plastic surgery, a brief filed with the court said.
He came to Montana in 1995 to practice medicine after running into problems with his license to practice in California and Florida over numerous malpractice complaints and other issues, the brief said.

Originally posted at InjuryBoard by Bob Carroll

What Inflation Has Done To Damage Caps Over The Years

Bob Carroll — Fri, 29 Sep 2006 05:15:36 GMT

The Associated Press reports that a Louisiana Appeals Court has observed the obvious - a $500,000 cap on medical malpractice damages established in 1975 has been impacted by inflation in the intervening years. In 2006, the cap is actually worth only $160,000 which, by the way, the Court feels no longer is fair.

Maybe we should ask the Louisiana Court to do some calculating on the Florida cap on damages in claims against governmental entities. For the past 20 to 30 years it has remained at $100,000 per person (with the supposed right to go to the Florida Legislature with a claims bill for approval of a higher sum). My rough calculation would put the present value at about $35,000. In just a few more years victims of governmental misconduct in Florida might as well pay the government for the experience.

Appeal court says Louisiana's $500,000 malpractice cap too low

Louisiana's $500,000 cap on medical malpractice damages, set in 1975, is unconstitutional because it no longer provides an adequate remedy to patients, the 3rd Circuit Court of Appeal in Lake Charles has ruled in a 3-2 decision.
A $500,000 award would be worth about $160,000 today, the opinion, issued Wednesday, said. The court said evidence indicates the cap would have to be raised to $1.6 million or $1.7 million to provide the same protection as it did 31 years ago.

Originally posted at InjuryBoard by Bob Carroll

A Safety Net Of Certified Athletic Trainers

Bob Carroll — Thu, 31 Aug 2006 14:00:32 GMT

According to a report in the St. Petersburg Times Certified Athletic Trainers are set to become the latest safety improvement in athletic events and practices at Tampa Bay area high schools.

Over the years I have investigated numerous injuries and some deaths occurring during physical education classes, team practices and events. In some instances it was obvious that delay in obtaining professional attention for an injury made matters worse. Full-time athletic trainers are a big step in the right direction.

School athletics could get safer

...safety is getting a higher profile on the playing field. Certified athletic trainers are expected to take up residence at Hillsborough high schools, courtesy of the University of South Florida's sports medicine program.
"So many of the injuries that occur in athletics occur in practice," Hillsborough's athletic director, Vernon Korhn, told School Board members at a workshop Wednesday. While coaches are trained for emergencies and safe practices, he welcomes experts.
"We're talking about full-time athletic trainers all year long, for all of our sports, which would be a huge benefit," he said.
Parents in the Tampa Bay area don't need reminders about the potential dangers in sports for children. Two boys - ages 11 and 12 - died this summer after youth football league practices.
In January, an 8-year-old boy died after practicing with a soccer club. A year earlier, a 17-year-old Alonso High baseball player collapsed and died after a running exercise.
"Seconds mean life," said Eric Coris, a physician and director of the division of sports medicine at USF. "The safety net for the high school athlete - or any athlete - is the athletic trainer."

Originally posted at InjuryBoard by Bob Carroll

County Jail Ignores Inmate Seizures

Bob Carroll — Thu, 03 Aug 2006 06:06:33 GMT

In Florida and throughout the U.S., jails have a legal obligation to provide reasonable and necessary medical care to inmates. Having someone in custody means the jail is in charge of that person and responsible for his wellbeing during the period of confinement. Sometimes jailers forget about this or ignore physical complaints. Sometimes there are horrible consequences.

Family of inmate in vegetative state files suit against city

The family of a Duval County jail inmate hospitalized in a persistent vegetative state after an altercation with corrections officers has filed a federal civil rights and medical malpractice lawsuit against the Jacksonville Sheriff's Office, city of Jacksonville, Correctional Medical Services - the city's subcontracted health provider - and employees of each.
The suit says that John Laughon, 39, repeatedly complained while in jail for marijuana possession that he was deprived of necessary seizure medicine despite telling a nurse of his problem more than once. It further accuses correctional officers of inflicting cruel and unusual punishment on Laughon by responding to his violent seizures with physical beatings, then failing to provide timely medical care that could have prevented his vegetative state.
He has been in this condition since February 2005.

Originally posted at InjuryBoard by Bob Carroll

The Big Dig Defect Was No Secret

Bob Carroll — Thu, 13 Jul 2006 07:03:20 GMT

Structural building defects that suddenly take a live or lives have many fathers.

My experience in cases where a death or serious injury occurs because of a structural defect parallels what is being reported in the New York Times about the Big Dig tragedy in Boston. Investigation almost always reveals advance warning and multiple responsible parties who each failed to do what was required.

Wide Flaws Found in Boston Tunnel After Death

Massachusetts officials on Wednesday ordered every road and tunnel in the city highway system examined after inspectors found at least 60 more trouble spots in the Big Dig tunnel where a woman was crushed to death on Monday by three-ton ceiling tiles.
Michael Lewis, the project director for the Big Dig, said bolts appeared to be loose, that gaps existed or that other parts of the ceiling system seemed "compromised" in at least 60 places in the tunnel.
In addition, the Massachusetts attorney general said that problems with ceiling anchor bolts in the tunnel had been identified in 1999, when the ceiling was built, and that his office was investigating to see whether a plan to correct those problems was carried out.
"This is a massive failure, far beyond the events of Monday night," said the attorney general, Thomas F. Reilly.

Structural building defects that suddenly take a live or lives have many fathers.

My experience in cases where a death or serious injury occurs because of a structural defect parallels what is being reported in the New York Times about the Big Dig tragedy in Boston. Investigation almost always reveals advance warning and multiple responsible parties who each failed to do what was required.

Wide Flaws Found in Boston Tunnel After Death

Massachusetts officials on Wednesday ordered every road and tunnel in the city highway system examined after inspectors found at least 60 more trouble spots in the Big Dig tunnel where a woman was crushed to death on Monday by three-ton ceiling tiles.
Michael Lewis, the project director for the Big Dig, said bolts appeared to be loose, that gaps existed or that other parts of the ceiling system seemed "compromised" in at least 60 places in the tunnel.
In addition, the Massachusetts attorney general said that problems with ceiling anchor bolts in the tunnel had been identified in 1999, when the ceiling was built, and that his office was investigating to see whether a plan to correct those problems was carried out.
"This is a massive failure, far beyond the events of Monday night," said the attorney general, Thomas F. Reilly.

Originally posted at InjuryBoard by Bob Carroll

Poor Care Given To Beating Victim Assumed To Be Drunk

Bob Carroll — Fri, 16 Jun 2006 22:10:30 GMT

The New York Times reports on the terribly deficient emergency services and medical care received by a retired journalist who, after a severe beating, was assumed to be just a drunk lying on a sidewalk. I am not surprised that the assumption of drunkenness impacted the attention given to the victim. Over my years of practice I have noted the same attitude toward other unconscious or semi-conscious persons.

What is different in this news report is that an inspector general conducted a thorough fact-finding mission and issued a report that found fault. If the treatment and medical care of any of my clients were ever investigated by any official or agency (such as the State licensing boards) the facts were hard to see through the whitewash.

Report Cites 'Failures' of Emergency Response in Reporter's Death

Firefighters, ambulance technicians, police officers and the nurses and doctors at a Washington hospital committed "multiple individual failures" in responding to the ultimately fatal beating of a journalist near his home last January, an official inquiry concluded today.
In a report that raised serious questions about emergency medical treatment in the nation's capital, the District of Columbia's inspector general said the initial response to the attack upon David E. Rosenbaum, a retired New York Times reporter, suggested "alarming levels of complacency and indifference."
A string of mistakes led to a collective and erroneous conclusion that Mr. Rosenbaum, who was found lying semi-conscious on a sidewalk the night of Jan. 6, was drunk when in fact he had been beaten and robbed, the inquiry found.
The assumption that Mr. Rosenbaum, 63, was intoxicated led ambulance technicians, police officers and the staff at Howard University Hospital to handle him with far less urgency than is necessary for a person with a head injury, the report said.

Originally posted at InjuryBoard by Bob Carroll