DC Metro Area Medical Malpractice Law Blog

Two Million Defective Huber Needles Recalled by Nipro

jlawson@reganfirm.com (Regan Zambri & Long) — Wed, 27 Jan 2010 09:47:41 -0500

Posted by: Salvatore J. Zambri, founding partner

The AP (1/27, Perrone) reports, "Federal health officials announced the recall of two million medical needles Tuesday because of a risk they can push bits of silicone into patients' bodies." The FDA "said Japanese manufacturer Nipro Medical Corp. has voluntarily recalled its Exel/Exelint Huber needles manufactured between January 2007 and August 2009." Doctors, nurses, and patients should not be using these needles under any circumstances.

Bloomberg News (1/27, Peterson) reports that the "defect...might lead to fatal blockages of the main artery of the lung, the [FDA] said." The needles, which are intended "to give food and medicine to chronically ill patients," can "dislodge 'cores,' or slivers of silicon, from 'ports' under the skin and release the material into the bloodstream, FDA officials said." Jon Casamento, deputy director of the Solid and Fluid Mechanics Division at the FDA's Center for Devices and Radiological Health, said the "defective needles...may cause tissue damage and inadequate drug delivery."

Regulators have not received reports that the needles released silicon or other foreign chemicals into patients, but the defect is difficult for doctors to detect, Dow Jones Newswire (1/27, Favole) reports.

CNN (1/27, Young) reports that the FDA "said anyone using the products should stop immediately and return any unused needles to Exelint." The agency indicated that it is conducting investigations "of needles from 20 companies," of which 10 have already been completed. "The FDA said it has sent letters to all Huber manufacturers asking them to address any design or manufacturing problems."

About the author:

Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including product liability, medical malpractice, and automobile accident claims. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.

Mr. Zambri was sought after to publish a chapter regarding product liability litigation in Aspatore Books - a company that is touted as "the largest and most exclusive publisher of C-1 Level executives (CEO, CFO, CTO, CMO, Partner) from the world's most respected companies and law firms." To read Mr. Zambri's publication, entitled "Constantly Preparing To Win", please click here.

If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.

Trailblazer Support Catheter Recalled, Dangerous

jlawson@reganfirm.com (Regan Zambri & Long) — Wed, 13 Jan 2010 09:26:41 -0500

Posted by: Salvatore J. Zambri, founding partner

ev3 Endovascular, Inc. and FDA notified healthcare professionals of a Class I Recall of the Trailblazer Support Catheter. According to the recall, "This device may crack near the radiopaque marker band. This may result in serious patient injury, including insufficient oxygen supply to the tissues, damage to blood vessels, heart attack, limb amputation, unplanned surgery, and/or death."

If using a catheter, please contact your doctor immediately to be sure it is not part of the recall. If you know you are using a Trailblazer Support Catheter, please stop using it right away, and obtain an alternative product.

About the author:

If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.

States Without Damage Caps Have More Doctors

jlawson@reganfirm.com (Regan Zambri & Long) — Mon, 11 Jan 2010 08:44:06 -0500

Posted by: Salvatore J. Zambri, founding partner

In a blog at the California Progress Report (1/6), J.G. Preston wrote, "One of the arguments the 'tort reform' crowd uses to justify putting a cap on the amount of money a jury can award to a victim of medical negligence is their assertion that increases in the cost of malpractice insurance are driving doctors out of the business." But "there are more doctors per capita in states that don't limit the amount that can be awarded to victims of negligence than there are in states that have implemented caps. The American Association for Justice broke down the numbers and found there are 21% more doctors per capita in states that don't restrict compensation that there are in states with caps."

And there are more doctors than ever in America. Take a look at the most recent data published by the American Medical Association, which confirms this fact. The publication considers data through 2008. There were 309 doctors for every 100,000 people that year. Compared to the 1960s, that's twice as many. So, not only are there more doctors per capita in states without damages caps, there are also more doctors everywhere in this nation.

The lesson: Don't let the corporate greed of certain special interest groups convince you that you need to abandon your constitutional rights to pad their pockets. Victims of the carelessness of others need their rights.

Be safe, and don't be fooled by well-worn rhetoric.

About the author:

Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including medical malpractice, product liability, and automobile accident claims. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (2010)--a national publication that honors the top lawyers in America.

Mr. Zambri was sought after to publish a chapter regarding civil litigation in Aspatore Books - a company that is touted as "the largest and most exclusive publisher of C-1 Level executives (CEO, CFO, CTO, CMO, Partner) from the world's most respected companies and law firms." To read Mr. Zambri's publication, entitled "Constantly Preparing To Win", please click here.

If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.

FDA WARNING: NZU, A MORNING SICKENESS "REMEDY" MAY CONTAIN HIGH LEVELS OF LEAD/ARSENIC

jlawson@reganfirm.com (Regan Zambri & Long) — Sat, 09 Jan 2010 09:33:43 -0500

Posted by Catherine D. Bertram

On December 31, 2009, the FDA issued a warning to consumers and medical professionals, "especially pregnant or breastfeeding women, to avoid consuming a product called “Nzu”, taken as a traditional remedy for morning sickness,because of the potential health risks from high levels of lead and arsenic, noted on laboratory analysis by Texas DSHS. Exposure to lead can result in a number of harmful effects, and a developing child is particularly at risk of effects on the brain and nervous system. Arsenic is a carcinogen, and excessive long-term exposure to it has been associated with a range of adverse health effects, including cancers of the urinary bladder, lung and skin. Nzu, which is sold at African specialty stores is also called Calabash clay, Calabar stone, Mabele, Argile and La Craie. It generally resembles balls of clay or mud and is usually sold in small plastic bags with a handwritten label identifying it as “Nzu” or “Salted Nzu.” Anyone who has been ingesting the product should contact their health care provider."

Any adverse events that may be related to use should be reported to the FDA's MedWatch Safety Information and Adverse Event Reporting Program online by clicking here or by phone at 1-800-332-1088.

If you have any questions about injuries related to this medication, or any other medication, you can call our firm for more information about your legal rights. Click here to contact us online or call us at 202-463-3030.

About the author:

Catherine Bertram is board certified in civil trials and was recently nominated as a 2010 Super Lawyer for Washington, D.C. Ms. Bertram has 20 years of trial experience and is unique in that she was formerly the Director of Risk Management for Georgetown University Hospital so she brings a wealth of knowledge to her practice including how hospitals should be run and what doctors and nurses can do to protect patients. She is a partner with the firm and devotes her practice to the representation of patients and families of loved ones who have been injured or lost due to medical errors. Ms. Bertram lectures regularly to lawyers and health care providers, nationally and locally, regarding patient safety, medical negligence and other related issues. She has also recently published a chapter in a medical textbook. She can be reached by email at cbertram@reganfirm.com or by phone 202-822-1875 in her office in Washington, D.C.

FDA Issues Warning For Hypertension Drug

jlawson@reganfirm.com (Regan Zambri & Long) — Fri, 08 Jan 2010 10:28:25 -0500

Posted by: Salvatore J. Zambri, founding partner

The AP reports that officials with the Food and Drug Administration warned doctors recently that "about 11 recalled lots of an intravenous hypertension drug made by the Medicines Co. are contaminated with bits of steel." According to the agency, the particles "could potentially disrupt blood flow to the brain, kidney, liver heart and lungs." Medicines Co. recalled the affected lots of Cleviprex (clevidipine butyrate).

If you believe you have been prescribed this drug, contact your doctor immediately.

About the author:

If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.

Pfizer Wants Prempro Internet Video Removed

jlawson@reganfirm.com (Regan Zambri & Long) — Fri, 18 Dec 2009 08:30:35 -0500

Posted by: Salvatore J. Zambri, founding partner

Bloomberg News (12/16, O'Reilly, Feeley) reports, "Pfizer Inc. asked a judge to order the removal of an Internet video about its menopause medicines that the company says is misleading and aimed at swaying potential jurors in future trials over the pills." The video, called "Prempro News Segment," was posted on YouTube.com by "plaintiffs' lawyers who recently won more than $78 million in damages in a Pennsylvania trial over Pfizer's Prempro hormone-replacement drug."

At issue in that case was whether the "menopause drugs helped cause" the plaintiff's breast cancer. In the video, "breast-cancer victims discuss their cases," while the attorneys "accuse Wyeth of minimizing the risks of Prempro." According to Pfizer's lawyers, "Pennsylvania rules governing lawyer ethics prohibit lawyers from making pre-trial statements to the press that could 'prejudice' an upcoming case."

About the author:

If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.

800,000 Swine Flu Vaccine Doses Recalled

jlawson@reganfirm.com (Regan Zambri & Long) — Thu, 17 Dec 2009 08:52:06 -0500

Posted by: Salvatore J. Zambri, founding partner

A massive recall of swine flu vaccine doses drew national attention recently when it was announced by the Center for Disease Control. ABC World News (12/15, story 6, 0:20, Gibson) reports that federal health officials "are recalling 800,000 children doses of swine flu vaccine...made by Sanofi Pasteur." NBC Nightly News (12/15, story 2, 0:35, Williams) reported that the doses "are less potent than they should have been."

The Los Angeles Times (12/16, Maugh) reports that Centers for Disease Control and Prevention director Dr. Anne Schuchat said the recall was "non-safety-related," and was "part of a routine quality assurance program." Schuchat emphasized that "children who received the vaccine do not need to be re-immunized," but the agency "wanted to make sure that doses that weren't already given won't be." The Washington Post (12/16, Stein, Laris) reports that "most of the vaccine, which was distributed nationwide in November, has probably already been used."

Bloomberg News (12/16, Randall) reports that Sanofi "began delivering swine flu vaccine in the US in September, with the bulk of deliveries expected in the fourth quarter." The United States "has ordered 75 million doses from the Paris- based company." CQ HealthBeat (12/16, Norman) reports that the problem was identified during "ongoing quality assessments" made by the drugmaker. The New York Times (12/16, A28, Mcneil) reports that Dr. Schuchat "said the vaccine was fully potent at release but dropped by about 12 percent in follow-up tests." In a story appearing in some form on over 320 news websites, the AP (12/16, Stobbe) reports that Jesse Goodman, the FDA's deputy commissioner for science and public health, said the problem may be related to the antigen sticking to the walls of children's pre-filled syringes.

USA Today (12/16, Sternberg) reports that the affected vaccine, "packaged in half-dose amounts meant for children 6 months to nearly 3 years old, represents about 1% of the nation's H1N1 vaccine supply." Sanofi spokesman Len Lavenda said the doses comprise roughly "18% of the 4.5 million doses in prefilled syringes made by Sanofi for children in that age group." Lavenda commented that officials were "baffled" by the weakened vaccine, adding "we can't remember a time when flu vaccine lost potency." The Wall Street Journal (12/16, Dooren) reports that Sanofi will be notifying providers to return any unused doses.

Reuters (12/16, Fox) also reported on this story, while Time (12/16, O'Callaghan) mentioned the recall in their "Wellness" blog.

Please be careful when taking a vaccine or allowing a loved one to be injected. We urge you to speak with your doctor about all pros and cons of any drug before ingesting it.

About the author:

If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.

Radiation Exposure from CT Scans Worse Than Previously Estimated

jlawson@reganfirm.com (Regan Zambri & Long) — Wed, 16 Dec 2009 14:26:08 -0500

Posted by: Salvatore J. Zambri, founding partner

The CBS Evening News reported, "The problem of too much radiation during CT scans may be more widespread than anyone thought." CBS further confirmed that "new research...found a wide variation in radiation dose for the most common CT scan like abdomen, pelvis, and chest. A survey of four hospitals found some patients received 13 times more radiation than others for the same type of scan." Over-radiation can be very dangerous.

NBC Nightly News, referring to a study, stated that "researchers calculated that 72 million CT scans are performed in this country a year and concluded that could lead to 29,000 excess cancers and 15,000 excess deaths a year in the future." The study NBC cited was published in the Archives of Internal Medicine.

A second study, in the same journal, of over 1,000 patients at four hospitals, showed that 1 out of 270 women and 1 out of 600 men suffer from cancer as a result of undergoing a single heart scan at age 40, the Wall Street Journal reports. According to the report, researchers who performed the study noted that the differences in radiation doses may be a result of the difference in technology from one medical provider to another as well as a lack of standardized settings.

Bloomberg News reports that in the National Cancer Institute study, "the authors predicted that lung cancer will be the most common radiation-related cancer followed by colon cancer and leukemia." In response to these study, the FDA has "issued interim regulations Dec. 7 requiring closer monitoring of CT scans after more than 250 cases of exposure to excess radiation were reported since October."

Before undergoing a CT scan, you should get sound medical advice from an experienced physician who is familiar with the risks and benefits of the procedure. If undergoing a scan, be sure the facility has technologically advanced equipment, so your exposure to radiation is minimized to the extent possible. Your doctors should be advising you of all risks associated with the procedure, as well as all options available to you, so you can make the best health decision you can. Your doctors should also be using equipment that is safe and in excellent working condition.

I wish you good health and happiness.

About the author:

Mr. Zambri is Past-President of the Trial Lawyers Association of Metropolitan Washington, DC and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" whose practice is dedicated to handling catastrophic personal injury matters, including medical malpractice actions stemming from defective or dangerous medications and medical errors. He has also been named a "DC Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America. If you need a patient advocate, we recommend that you read an article about medical malpractice claims authored by senior partner Salvatore Zambri.

Mr. Zambri is regularly asked to present seminars to lawyers and doctors, as well as both medical and law students concerning medication errors, medical malpractice litigation, and safety improvements.

If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.

Chiropractic Malpractice Can Result in Strokes

jlawson@reganfirm.com (Regan Zambri & Long) — Wed, 16 Dec 2009 11:45:30 -0500

Each year in the U.S., 22 million patients are treated by Doctors of Chiropractic,more commonly called chiropractors, or "chiropractic physicians" in some states. It is estimated that there are 52,000 chiropractors currently performing such treatment. The average chiropractor in private practice performs as many as 50-100 manual vertebral manipulations a day, at a cost of $25 to $40 each.

The goal of chiropractic is the diagnosis and correction by manual spinal manipulation or adjustment of a chiropractic condition called "vertebral subluxation." Although most chiropractors claim they perform thousands of manipulations annually without any serious complications, malpractice suits have been successfully brought against chiropractors for injuries sustained as a result of improper manipulative technique and/or performance of spinal manipulation where it is contraindicated. Patient injuries can range from headaches and post-treatment soreness to permanent complications of stroke, including left or right side paralysis, loss of bowel and bladder function, vertebral fracture; disc herniation; rib fracture; and other serious neurologic syndromes.

According to medical chiropractic experts I have spoken with, inexperienced, or poorly trained chiropractors have performed the spinal manipulation in a disproportionate number of cases where serious injuries have occurred. As an experienced malpractice attorney, and a member of the AAJ national Chiropractic Litigation Group, I have experience with this type of case and have access to experts for review of these cases. If you would like to talk to me about your situation you can call me (202) 463-3030 or email me directly.

About the author:

Catherine Bertram is board certified in civil trials and was recently nominated as a 2010 Super Lawyer for Washington, D.C. Ms. Bertram has 20 years of trial experience and is unique in that she was formerly the Director of Risk Management for Georgetown University Hospital so she brings a wealth of knowledge to her practice including how hospitals should be run and what doctors and nurses can do to protect patients. She is a partner with the firm and devotes her practice to the representation of patients and families of loved ones who have been injured or lost due to medical errors. She is a member of the AAJ Chiropractic Litigation Group and she lectures regularly to lawyers and health care providers, nationally and locally, regarding patient safety, medical negligence and other related issues. She has also recently published a chapter in a medical textbook. She can be reached by email at cbertram@reganfirm.com or by phone 202-822-1875 in her office in Washington, D.C.

Glaxo Announces Payouts From Paxil Cases

jlawson@reganfirm.com (Regan Zambri & Long) — Tue, 15 Dec 2009 11:59:18 -0500

Posted by: Salvatore J. Zambri, founding partner

Bloomberg.com reports that GlaxoSmithKline "has settled 450 suicide cases for about $390 million and 600 birth defect cases for unspecified amounts." According to the report, "The company has also paid out about $400 million in antitrust cases since 2003."

Many people who have taken Paxil have been subjected to an increased risk for suicide and birth defects. The extent of the increased risk has never been disclosed.

I represent victims of dangerous products. Far too often companies put profits over people, placing into the marketplace drugs that have not been properly tested. We hope that companies will put people over profits and be sure their products are safe before they are sold.

Before taking any medication, be sure to consult with a physician. Your physician should also inform you of all risks and benefits of a medication before you ingest it, so that you can make the best health decisions you can.

About the author:

If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.

Cerebral Palsy Can Be Caused by Improper Care Before, During and After Childbirth

jlawson@reganfirm.com (Regan Zambri & Long) — Tue, 15 Dec 2009 11:17:26 -0500

Posted by Catherine Bertram, Partner

"Some people come into our lives, leave footprints on our hearts, and we are never the same." -Franz Peter Schubert

The medical staff at the Mayo Clinic define "Cerebral palsy" (CP) is a general term for a group of disorders that appear during the first few years of life and affect a child's ability to coordinate body movements. Cerebral palsy can cause muscles to be weak and floppy, or rigid and stiff.

In the United States, cerebral palsy occurs in about two to four out of every 1,000 births. The disorder is usually caused by brain injuries, including lack of oxygen, also called hypoxia or anoxia. Cerebral palsy isn't curable. Medical evidence supports theories that infections, birth injuries, and poor oxygen supply to the brain before, during, and immediately after birth result in up to 15% of cases.

Between 35% and 50% of all children with CP will have an accompanying seizure disorder and some level of mental retardation. They also may have learning disabilities and vision, speech, hearing, or language problems. Often parents are overwhelmed when their child is given this diagnosis and rightly so. There are many questions and no clear answers. As a parent of a child with special needs, you may be asking:

Why did this happen to my child?
How am I going to pay for what my child needs now and in the future?

Every circumstance is unique, just like very child and every family. If you have questions about that care you received or the birth experience or the care your child received after birth and you think it may be a factor in your child's condition, you can get answers. We have significant experience handling these types of cases and have many nationally known experts who are willing to review your child's case and determine what happened. I was Director of Risk Management at a major teaching hospital in DC and have experience reviewing these cases from both the patient's side and the hospital's side. We also have a nurse-attorney on staff at my firm who worked in a local hospital on the labor and delivery unit so she has special expertise in reviewing the records and determining what happened.

As a parent and as a patient advocate I urge you to get answers if you have these questions. You owe it to yourself and your child. Click here for some great quotes for families with special needs children and pass this on to other parents you know who have children with special challenges for those days when a few words may lighten our hearts.

About the author:

Cartons of Berries & Balsamic Salad Recalled

jlawson@reganfirm.com (Regan Zambri & Long) — Mon, 14 Dec 2009 13:36:29 -0500

Posted by: Salvatore J. Zambri, founding partner

The FDA has announced that a California-based company--organicgirl produce--has recalled 120 cartons of its 5.75 oz Berries & Balsamic Salad "because it may contain an incorrect condiment packet with an unlabeled allergen for walnuts."

"The product is packaged in plastic trays in a 6-count carton, UPC 895203-001332, product lot number 31B073830, with Use-By Date of December 16, 2009." If you have an allergy to walnuts, do not eat this product. Doing so would "run the risk of serious or life-threatening allergic reaction," says the FDA.

If you purchased the recalled product, you are urged to return it to the place you bought it from for a full refund. If you have any questions, you may also contact organicgirl produce at 1-831-758-7810.

It is common for people to have allergic reactions to all kinds of foods. That is why it is critically important for all food suppliers to carefully label what the product contains. Without appropriate warnings, public health is compromised.

Many people die every year as a result of food allergies. If you have an allergy to a food product, read labels carefully. If eating at a restaurant, ask your server to confirm the absence of the product you are allergic to when ordering.

Enjoy your meals, but please be careful to ingest only what you know is safe.

About the author:

Mr. Zambri is Past-President of the Trial Lawyers Association of Metropolitan Washington, DC and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including medical malpractice actions stemming from defective or dangerous medications. He has also been named a "DC Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America. If you need a patient advocate, we recommend that you read an article about medical malpractice claims authored by senior partner Salvatore Zambri.

Mr. Zambri is regularly asked to present seminars to lawyers and business professionals concerning product defects, product liability litigation, and safety improvements.

If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.

Stop Hurting Patients and There Will Be No Lawsuits

jlawson@reganfirm.com (Regan Zambri & Long) — Mon, 14 Dec 2009 10:29:05 -0500

Posted by Catherine Bertram, Partner

In a recent opinion piece in Salon, Dr. Rahul Parikh summarized the tort "reformers" arguments which have been in the news lately. These argument about the so called lawsuit crisis are being put forth by insurance companies and the American Medical Association. Dr. Parikh carefully refutes each one by using the real facts. He then challenges physicians to focus on the real priority, patient safety. Instead of attacking lawyers who advocate for patients harmed by preventable errors, the resources should be focused on preventing the patient injuries in the first place. Here is the bottom line directly from his piece:

"Tort reformers neglect the fact that malpractice reform won't save one extra life. To make that difference, insurers, doctors and their lobbyists like the AMA need to find ways to improve patient safety. So for those who push tort reform as a panacea for a sick health care system, working to prevent injuries is a much more noble pursuit than writing up baseless arguments for the back pages of a newspaper."

Instead of focusing on limiting the rights of citizens who have valid claims for harm as a result of preventable errors in health care, we need to focus on how to stop the patients from being injured in the first place. This involves daily focus by doctors, nurses and most of all the support and resources from hospital leadership.

I would love nothing more than to come to my office and have no calls from patients or their families after devastating medical errors. However, that is not the case. We are seeing more errors and more obvious preventable errors because the system is broken and there is often not accountability.

"I long to accomplish a great and noble task, but it is my chief duty to accomplish small tasks as if they were great and noble." Helen Keller

About the author:

State Tort "Reforms" Don't Lower Insurance Premiums

jlawson@reganfirm.com (Regan Zambri & Long) — Sat, 12 Dec 2009 13:07:40 -0500

Posted by: Salvatore J. Zambri, founding partner

The American Association for Justice has published an article that establishes what we have known now for some time--that state tort "reforms" have provided a boon to insurance companies, while physician and patient premiums continue to skyrocket. The winner: insurnace companies, whose profits have hit record levels. The losers: doctors and, especially, patients, whose fundamental rights have been taken from them.

"An analysis of data from the National Association of Insurance Commissioners (NAIC) and company annual statements shows malpractice insurer profits are 24 percent higher in states with caps. In these cap states, insurers took in 3.5 times more in premiums than they paid out in 2008. In contrast, insurers in states without caps took in just over twice what they paid in claims."

98,000 people die every year from preventable medical errors, yet the insurnace industry and the chamber of commerce want o place nonsensical limits on patients' rights simply to pad insurance companies' profits. This profits-over-people model is anti-American and unethical.

The report establishes that the "medical malpractice insurance industry has seen a 47 percent increase in profitability in the last 10 years. Overblown 'reported' losses were used by the insurance industry to justify new measures restricting the rights of those injured by medical negligence."

Americans need to fight back against the myths spread by special interest group. Over 30 states have been fooled into thinking caps on daages will help pemiums. They haven't. In the meantime, though, "the average profit of the 10 largest medical malpractice insurers was higher than 99 percent of Fortune 500 companies and 35 times higher than the Fortune 500 average."

To view a copy of Insurance Company Handout: How the Industry Used Tort Reform to Increase Profits While Americans' Premiums Soared, visit http://www.justice.org/clips/Insurance_Company_Handout.pdf.

As I mentioned, It is widely accepted that approximately 98,000 Americans die every year as a result of medical errors. That's like two 747 airplanes full of passengers crashing to the ground every day for a year. Yet, some legislators want to strip innocent victims of their constitutional rights, including limiting their recoveries, instead of focusing on preventing future errors.

Our leaders should be fighting for safer drugs, safer hospitals, better medical practices, and a safer American health system. We must put people over profits.

About the author:

If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.

98,000 Preventable Patient Deaths: 9 Patient Safety Solutions

jlawson@reganfirm.com (Regan Zambri & Long) — Sat, 12 Dec 2009 08:56:24 -0500

By Catherine D. Bertram, Partner

"No adverse event should ever occur anywhere in the world if the knowledge exists to prevent it from happening." That is a direct quote from the Joint Commission, a national organization that accredits more than 16,000 health care organizations around the country. In fact it is the first sentence in their introduction to what they have dubbed "9 key patient safety solutions" for health care providers in order to prevent inevitable human errors from actually reaching patients and thus prevent patient injuries and death from preventable errors.

Having worked as Director of Risk Management in a major teaching hospital and having studied patient safety, I can verify that harm to patients and "near miss'' incidents often involve the issues listed by the Joint Commission below. Those 9 solutions were developed from the data the Joint Commission has regarding patient injuries, deaths and near misses.

Unfortunately, in the recent past I have represented families and patients in the DC area who have been harmed or lost their lives at local hospitals as a result of medical errors from situations that would fall into the categories listed below. (Also, see the links for translations of the 9 patient safety solutions for many other languages at the end of the article.)

"1. Look-alike, Sound-alike medication names
Confusing drug names is one of the most common reasons for medication errors. With tens of thousands of drugs currently on the market, the potential for error created by confusing brand and generic drug names is a recognized risk that has not been solved.

2. Patient Identification (PDF)
The widespread and continuing failures to correctly identify patients often leads to medication, transfusion and testing errors; wrong person procedures; and the discharge of infants to the wrong families.

3. Communication During Patient Hand-Overs (PDF)
Gaps in hand-over (or hand-off) communication between patient care units, and between and among care teams, can cause serious breakdowns in the continuity of care, inappropriate treatment, and potential harm for the patient.

4. Performance of Correct Procedure at Correct Body Site (PDF)
Considered totally preventable, cases of wrong procedure or wrong site surgery are largely the result of miscommunication and unavailable, or incorrect, information. A major contributing factor to these types of errors is the lack of a standardized preoperative process.

5. Control of Concentrated Electrolyte Solutions (PDF)
While all drugs, biologics, vaccines and contrast media have a defined risk profile, concentrated electrolyte solutions that are used for injection are especially dangerous.

6. Assuring Medication Accuracy at Transitions in Care (PDF)
Medication errors occur most commonly at transitions. Medication reconciliation is a process designed to prevent medication errors at patient transition points.

7. Avoiding Catheter and Tubing Mis-Connections (PDF)
The design of tubing, catheters, and syringes currently in use is such that it is possible to inadvertently cause patient harm through connecting the wrong syringes and tubing and then delivering medication or fluids through an unintended wrong route.

8. Single Use of Injection Devices (PDF)
One of the biggest global concerns is the spread of Human Immunodeficiency Virus (HIV), the Hepatitis B Virus (HBV), and the Hepatitis C Virus (HCV) because of the reuse of injection needles.

9. Improved Hand Hygiene to Prevent Health Care-Associated Infection (HAI) (PDF)
It is estimated that at any point in time more than 1.4 million people worldwide are suffering from infections acquired in hospitals. Effective hand hygiene is the primary preventive measure for avoiding this problem."

Nine Solutions-Arabic Translation (PDF)

Nine Solutions-Chinese Translation (PDF)

Nine Solutions-German Translation (PDF)

Nine Solutions-Spanish Translation (PDF)

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