The Injury Lawyer Blog

Nine months after going into Beaumont Hospital in Royal Oak, Michigan for a heart catheterization, 74-year-old Rosa Kashat is still there. A lawsuit filed by her family alleges that Kashat fell off a table and suffered a serious head injury and "other sever damage" while she was there. Her son, Safa, says that she also broke her ribs and her hip, and had to have her spleen removed.

Beaumont Hospital has apologized and taken responsibility. In a prepared statement, the hospital regrets the injury and will continue to care for Kashat at no charge. However, the family wants more than free medical care for Kashat. They are working to get the hospital incident report to find out exactly why Kashat fell off the table in the first place.

A court will decide on if this case is malpractice or neglect.

If a loved one has suffered injuries due to medical malpractice or neglect, please contact an experienced injury lawyer in your area.

Some of the largest oil companies, including Citgo, Sunoco, BP, Royal Dutch Shell, Conoco Phillips, Chevron, Valero, and Marathon Oil have agreed to pay out nearly $424 million to settle a lawsuit brought by over a hundred public water companies. They will also pay for 70 percent of future cleanup costs over the next 30 years. Companies who refused the deal include Exxon Mobile, who has seen record profits over the last several years.

The gasoline additive methyl tertiary butyl ether, better known by its acronym MTBE, has allegedly contaminated drinking water supplies across the nation. The plaintiffs include water systems in over 15 states, including New York and California. The suit claims that the chemical additive contaminated groundwater and lead to the drinking water becoming "unpalatable," and tasting like turpentine. It also caused cancer in lab rats, according to the Environmental Protection Agency.

MTBE was originally added to gasoline in 1979 to increase octane levels, but it became more widespread in the 1990s after the Clean Air Act of 1990. The Clean Air Act mandated its use in cities to reduce smog and pollution. Fuel burns more thoroughly when MTBE is mixed with gasoline. However, it was found to contaminate the groundwater when it was put into use. It has since been banned in 23 states.

Oil companies have been looking for another additive to use in place of MTBE. This has lead to the use of ethanol as a replacement.

Defective Product

Oil companies have fought hard to avoid paying penalties for cleanups, claiming they were forced to use MTBE. It is estimated a total cleanup will cost tens of billions of dollars. A lawyer representing Chevron and Shell has noted that the settlement does not claim MTBE is a defective product, and that the oil companies "are prepared to vigorously defend the product."

A lawyer for Exxon says that the company has no plan to settle, and states, "When [Exxon] engages in conduct that injures people, it pays recompense for that. In all these cases, our conduct did not cause injury, or cause damages. Our conduct was lawful."

Although this might be Exxon's official line, the lawsuit contends that oil companies continued to use MTBE even though they knew there were health and environmental risks posed by the chemical.

There have been hundreds of lawsuits brought against oil companies and their use of MTBE since the 1990s. If this deal is approved, it will be the largest settlement regarding the chemical to date. In 2003 the Republican-led Congress tried to shield MTBE manufacturers from litigation with a provision, but failed due to strong opposition.

The case will go to trial in New York this September.

Though MTBE has not been ruled a defective product by any court in the land, if you feel you or a loved one has suffered injuries due to contaminated groundwater, please contact an experienced injury lawyer in your area to see if you have a claim.

The estate of Irmona Browning filed a medical malpractice suit against Meridian Village Care Center in Madison County (Illinois) alleging they violated the Illinois Nursing Home Care Act. The claim states that Browning fell on two separate occasions, just hours apart where she sustained permanent injuries. Browning suffered a fractured right humerus causing "marked deterioration of her prior physical condition." She also fell out of her wheelchair in the nursing home hallway less than two weeks later, breaking her left humerus head. Browning then had to pay large sums to cover medical expenses and allegedly suffered pain and anguish associated with her injuries.

The claim further alleges that Meridian Village breached its duty to provide Browning's care by negligently:

• Failing to provide adequate personal care and supervised nursing
  
• Failing to report Browning's injuries in a timely manner to the Department of Public Health
  
• Failing to observe changes in Browning's condition to determine the amount of care required and the need for further medical evaluation and treatment
  
• Failing to provide Browning with the necessary services and care to attain or maintain the best physical, mental, and psychosocial well being in accordance with her plan of care
  
• Failing to take necessary precautions to assure the environment around Browning remained free of accident hazards and failed to give her adequate supervision and assistance to prevent accidents
  
• Failing to notify and consult with Browning's next of kin and physician regarding "significant deterioration" in her physical, mental, and psychosocial status, and the injuries she sustained in her falls
  
• Failing to care for Browning in a manner which maintained and enhanced her quality of life and her dignity
  
• Failing to ensure sufficient staff were on duty at all times to meet the needs of Meridian's residents
  
• Failing to prepare and implement written policies and procedures covering all services in compliance with the Illinois Nursing Home Care Act
  

Browning's estate is seeking damages in excess of $100,000, plus the suit's cost.

If your loved one has suffered negligence or poor treatment after suffering an injury in a nursing facility, please contact a personal injury lawyer in your area with experience in medical malpractice cases.

A bill meant to modernize the nation's air traffic control system, improve the inspection of commercial airlines, and ensure that stranded passengers on delayed flights are given food and water failed in the Senate after Republicans blocked the bill. They claim Democrats were trying to add provisions into the bill that had nothing to do with aviation, and were angry that they were not allowed to add in their own amendments.

Specifically, the Republicans objected to a proposed tax increase to raise billions of dollars to make up for expected shortfalls in the nation's highway trust fund next year. They argue that this is meant to build and repair roads and bridges, but not airports.

Perhaps predictable, as these types of political fights are, the Democrats accused the Republicans of obstructionism. Sen. Jay Rockefeller also warned of severe consequences when he stated, "I am deeply concerned that the risk of a catastrophic accident is increasing, not decreasing....I am growing increasingly concerned that our aviation system is operating on borrowed time."

Because of this impasse, the funding for a new satellite-based air control system and tougher safety inspection rules will be put on hold until Congress tries again next year. Also on hold are new rights of airline passengers, as well as a provision stating that airlines must disclose on their website which flights are chronically delayed.

While flight delays can be excruciating, and sitting on a stranded flight with little food or water is probably criminal (someday, anyway), because the infinite wisdom of Congress has delayed overhauling aspects of flying that make the public safer, things will probably get worse before they get better.

Airline disasters that occur due to pilot or mechanical error are horrible enough. What if a catastrophic plane crash is the result of political inaction?

If you have lost a loved one in an airline disaster, please contact an experienced injury lawyer in your area who has been involved in aviation disaster cases.

The FDA has announced that, Actavis Totowa, formerly Amide Pharmaceutical, Inc., has recalled all Digitek (digoxin) tablets due to a double dose of the active ingredient, digitalis, in each tablet. This is a Class I recall, meaning the level of toxicity in each tablet may cause serious health problems or even death, especially to those with renal failure or impaired kidney function.

Digitek is distributed by Mylan Pharmaceuticals with the "Bertek" label and UDL Laboratories, Inc., with the "UDL" label. It has been reported that these double-dose tablets may have been sold for the past year.

Digitek is used to treat abnormal heart rhythms and heart failure, and digitalis toxicity can lead to low blood pressure, an irregular pulse, heart palpitations, and bradycardia. Other symptoms may include:

• Blurred vision
  
• Blind spots
  
• Halos
  
• Dizziness
  
• Nausea
  
• Vomiting
  
• Diarrhea
  
• Breathing problems
  
• Body swelling
  
• Decreased urine flow
  

Digoxin was used in a series of murders in the '80s and '90s committed by Charles Cullen, a nurse who claimed to have killed as many as 45 patients in New Jersey and Pennsylvania.

The active ingredient, digitalis, comes from the foxglove plant (digitalis purpurea). All parts of the plant can be poisonous when ingested by people or animals.

If you or someone you know has been taking Digitek, consult your physician as soon as possible. Retailers carrying this drug should take it off the shelves and return it to the manufacturer immediately. Inadvertent overdosing on this drug can be lethal.

If you or a loved one has suffered adverse effects from the use of Digitek (digoxin), please contact an experienced personal injury lawyer in your area as soon as possible. You may be entitled to compensation and there may be time limits in filing your claim.

An Eagle Mountain, Utah paramedic was ordered reinstated and to be given back pay after he was fired in March. Bryan Miner had reported cases of possible medical malpractice and sexual harassment to his superiors and was allegedly let go for blowing the whistle.

City attorney, Jerry Kinghorn told Judge Dennis J. Fuchs that Miners was not only lying, but was "reckless with the truth" when he came forward. The city now has 30 days to appeal the judge's ruling. Miner has said he will "hold off" to see how Eagle Mountain wants to handle him. Linda Peterson, spokeswoman for the city, said she expects Miner to be greeted hospitably when he returns to work due to city policy.

While Miner was not present for the case of possible medical malpractice or the sexual harassment incident, both alleged situations were brought to his attention. In the medical malpractice case, paramedics responded to a call of a patient who may have suffered a heart attack or stroke. An aspirin was administered by the crew, but one of the paramedics in attendance thought the man was exhibiting signs of a stroke and not a heart attack. While an aspirin may help those suffering from a heart attack, it can harm those who are having a stroke. It was determined later that the man had a brain tumor. Nevertheless, the paramedic who was concerned that the aspirin had been given, even though there were indicators that the victim may have had a stroke, told Miner about it.

In the case of sexual harassment, a female employee told Miner in confidence that she was repeatedly sexually harassed by a captain of the fire department. Miner took her story to his superiors and the captain later resigned his post.

City's Response

City attorney Kinghorn argued that Miner had made many false claims, but the city chose to focus only on the potential medical malpractice and alleged sexual harassment. Kinghorn claims Miner made up the sexual harassment claim in order to get someone in trouble. However, Judge Fuchs heard testimony earlier in the day from the female employee and said it was "clear" she had been sexually harassed. Kinghorn also argued the aspirin claim was false and that a doctor had said later that it was appropriate treatment given what was known at the time.

Judge Fuchs found that Miner not only told the truth, but was required to let his superiors know due to city policy about both incidents.

If you or a loved one has been wrongfully terminated from your job because you let your superiors know what was going on, please contact a lawyer with experience in wrongful termination cases in your area.

In a report to be released this Monday, May 5, by the Journal of the American Medical Association (JAMA), experimental blood substitute tests allowed by US regulators raised the risk of heart attack and death. The report is written by scientists with the National Institutes of Health Clinical Center and advocates from the watchdog organization Public Citizen.

Biomedical companies and the government have been looking for a way to substitute the need for blood for several years. If a blood substitute is found, it will become a financial boon to companies that market it, as well as save lives in such places as battlefields. Theoretically it could be stored for years without the need for refrigeration, as well as not run the risk of carrying infections such as hepatitis or HIV. According to JAMA, the FDA had completed a dozen studies of blood substitutes by the end of 2000, and the risks were well known at that time. Dr. Charles Natanson of the NIH Clinical Center states that the FDA used their data to look at each product and each use (trauma, surgery, and in stroke patients) separately rather than pooling it to see the whole picture.

Ethical Concerns

After Public Citizen filed a lawsuit in 2006 to protest closed-door hearings, the FDA halted a planned test by the Navy to use the substitute on civilians without their knowledge or consent. While this raises certain ethical questions, American companies are testing products on people in South Africa and in some European countries. Cambridge, Mass.-based Biopure Corp. is using their blood substitute, Hemopure, on anemic surgery patients in South Africa. Study co-author Sidney Wolfe of Public Citizen states it is highly unlikely or even impossible, that these countries are aware of the risks, even though the governments have approved the tests.

Findings

The report shows 16 random control studies of five different blood substitutes with 3,700 patients involved. These patients include trauma, elective surgery, and victims of stroke. The findings show:

• A 30 percent higher risk of death for those who received blood substitute transfusions. 164 patients died compared to 123 who received ordinary blood or saline transfusions.
  
• Risk of heart attack tripled with blood substitutes. 59 patients suffered heart attacks with the new product compared to 16 who did not. Experts speculate that hemoglobin in the blood substitute removes nitric oxide from the blood, which causes blood vessels to constrict and a buildup of sticky platelets
  

Perhaps predictably, two of the companies whose products were included in the study call the analysis "flawed." Biopure vice president, Dr. A.G. Greenburg states, "There are vast differences among these products that make any pooling of data flawed, especially across different clinical experiences." Evanston, Ill.-based Northfield Laboratories Inc.'s CEO, Dr. Steven Gould explains that though pooled data can be useful to raise questions, it does not "provide answers about specific products or to examine fully the risk-benefit ratio of any particular product."

Defending the FDA's decision, Dr. Jay Epstein, the director of the FDA's office of blood research and review, says there are enough differences among the blood substitute products and their intended uses to allow some of the studies to continue. Dr. Natanson does give the FDA some credit, but says that while the agency may know more than any one individual at any of the companies, "they may not know the whole story" and there may be information being withheld from the FDA by these companies.

Dr. Natanson's theory seems to be backed up by Dr. William Hoffman, former chief medical officer at Biopure. He left in 2000 because management there wouldn't let him tell the FDA that he believed one of the studies should be halted. However, he states that management at Biopure has changed since then.

While it would be a huge break though to have a blood substitute, especially in times of crisis, there seems to be little doubt that the products being tested are far from ready. Clinical tests on people are an important step, but the individuals should be able to give their consent, and know the risks.

If you or a loved one has been injured due to a product risk you were not made aware of, please contact an experienced injury lawyer in your area.

A federal judge ruled in March that an illegal immigrant who was being held in custody in San Diego died as a result of denial of medical treatment, and that this was "beyond cruel and unusual punishment." Francisco Castaneda, 36, was placed in immigration custody after serving an eight month prison term in 2005 for possession of methamphetamine with intent to distribute.

While in custody, he began to complain of a growing, painful lesion on his penis. According to government records, during Castaneda's 11 month detention, he was given pills to deal with the pain, but the lesion was never biopsied, though this had been recommended by several doctors. However, one doctor at the Division of Immigration Health Services said the agency thought of the removal of the lesion "an elective outpatient procedure" and would not admit Castaneda. Castaneda was released last year, but died in February of metastatic squamous cell carcinoma.

Squamous Cell Carcinoma

Squamous cell carcinoma (SCC) is one of the most common forms of skin cancer usually affecting sun-exposed skin of middle-aged or elderly people. In geographic areas where there is a high amount of sun exposure, SCC is even more common. While most SCCs can be removed easily by a physician, and is thought of as a minor surgical procedure, larger areas may require radiation therapy and "aggressive surgical management." Those who have a high risk of getting SCC also have a higher chance that it will metastasize and require careful monitoring.

Admission of Fault

Last week, the federal government acknowledged it was at fault for Castaneda's death due to refusing him treatment. His family filed a lawsuit for medical negligence, which the government agrees with. An attorney for the Castaneda family said, "The United States' admission of liability is a recognition that they have no defense…for medical negligence and wrongful death." The maximum damages carried by the claim are $250,000.

Because this country is polarized on illegal immigrants, especially illegal immigrants who are imprisoned for drug dealing or possession, it is easy to forget that they are also people who deserve the right to see a doctor when they are sick. Denying them this basic right does not make us a better, stronger nation. If anything, it shows us as a scared, xenophobic, and uncaring people who would rather see people like Francisco Castaneda die than show them compassion. Even the government admits it was wrong in this case.

If you have lost a loved one due to medical negligence, please contact an injury lawyer with experience in the fields of medical malpractice and wrongful death.