Injury Law Report

Recent Research on Bedsores and the Elderly Show Link to Early Death

ggarrow@garrowandevans.com (ggarrow) — Fri, 30 Nov 2012 17:24:01 -0500

A new clinical study spearheaded by the dean of UCLA's School of Nursing has found a direct correlation between pressure ulcers -- commonly known as bedsores -- and patient mortality and increased hospitalization.

Late BBC star Accused of Sexually Abusing as Many as 300 Children

ggarrow@garrowandevans.com (ggarrow) — Thu, 25 Oct 2012 16:29:17 -0500

With the weight of evidence from potential victims against him overwhelming, the late BBC TV star Jimmy Savile may be one of the most prolific sex offenders in recent history.

Savile was one of Britain's top broadcasters and appeared or was involved in a string of TV productions that brought him into contact with many children over the years. One of the more popular shows was called Jim'll Fix It, in which he made the wishes of youngsters come true. Ironically, if the allegations are true, his rein at BBC has proven to be a nightmare for the victims of his abuse.

Officers have spoken to 130 of the 300 victims who have come forward and formally recorded 114 crimes against the platinum-haired star.

Most of the victims were young girls. Although rumors had circulated about him for years, it took a rival channel, commercial broadcaster ITV, to go public earlier this month with claims from several women alleging that they were abused by Savile when they were young.

Saville died last year at the age of 84.

21 Dead; 271 Sick From Deadly Meningitis Outbreak

ggarrow@garrowandevans.com (ggarrow) — Fri, 19 Oct 2012 18:31:07 -0500

The death toll continues to mount from the tainted steroid injections mixed by the New England compounding firm.

The CDC on Friday had the following state-by-state breakdown of cases: Florida: 17 cases, including 3 deaths; Idaho, 1 case; Illinois, 1 case; Indiana: 35 cases, including 2 deaths; Maryland: 16 cases, including 1 death; Michigan: 53 cases, including 5 deaths; Minnesota: 7 cases; New Hampshire: 8 cases; New Jersey: 13 cases; New York: 1 case; North Carolina: 2 cases; Ohio: 11 cases; Pennsylvania: 1 case; Tennessee: 66 cases, including 8 deaths; Texas: 1 case; Virginia: 38 cases, including 2 deaths.

Check out our website for more updates.

Death Toll from Meningitis Outbreak now at 19

ggarrow@garrowandevans.com (ggarrow) — Thu, 18 Oct 2012 12:58:29 -0500

The widening meningitis outbreak has killed 19 people and infected 245, according to the U.S. Centers for Disease Control and Prevention (CDC). Learn more here:

15 People Now Dead from Meningitis Fungal Infection

ggarrow@garrowandevans.com (ggarrow) — Mon, 15 Oct 2012 15:05:46 -0500

Federal officials reported today that the deadly fungal meningitis outbreak has now sickened 214 people in 15 states. 15 individuals have lost their lives to tainted steroid injections.

Go to our website for the Latest News.

CDC says meningitis-linked steroid may have affected 13,000 people in U.S.

ggarrow@garrowandevans.com (ggarrow) — Tue, 09 Oct 2012 12:59:15 -0500

According to the Centers for Disease Control (CDC), 12 deaths and a host of injuries have occurred across several states due to an outbreak of a rare form of meningitis. While health experts are still investigating, tainted steroid injections used to control back pain appear to be the cause. The CDC warns that as many as 13,000 individuals in 23 states may have received the injections, although the number affected is expected to be much less.

Reuters reports that 137 people have been diagnosed with the infection in ten states. 12 of them have died.

Learn more at our website.

"Popcorn" Lung Respiratory Injury Is No Laughing Matter

ggarrow@garrowandevans.com (ggarrow) — Thu, 04 Oct 2012 16:00:00 -0500

Popcorn lung is usually found in plant workers exposed to high levels of diacetyl, an artificial flavoring used to give popcorn a buttery taste (think "movie" popcorn). Breathing this chemical daily for a prolonged period can cause serious respiratory problems. A jury recently decided that the maker and seller of this chemical did not warn the public about this serious consequence and compensated a consumer for his injuries.

Meningitis From Tainted Back Pain Injections Causes 5 Deaths and Serious Injuries

ggarrow@garrowandevans.com (ggarrow) — Thu, 04 Oct 2012 15:21:38 -0500

5 deaths and a host of injuries have occurred across several states due to an outbreak of a rare form of meningitis. While health experts are still investigating the cause, suspicion centers on possibly tainted steroid injections used to control back pain.

Former UBS Banker Awarded $104 million in IRS Whistleblower case

ggarrow@garrowandevans.com (ggarrow) — Tue, 11 Sep 2012 10:31:33 -0500

UBS is a Swiss-based multi-national investment banking and asset management firm. In 2009, it paid a fine of $780 million to the IRS to avoid prosecution for helping wealthy U.S. investors evade taxes abroad. Crucial to the IRS' discover of this scheme was information provided by former USB banker Bradley Birkenfeld.

Birkenfeld told the Justice Department, the U. S. Senate and the SEC authorities how UBS bankers came to the U.S. to woo rich Americans, managed $20 billion of their assets, and helped them cheat the IRS. UBS helped these clients set up hidden accounts that allowed them to evade U. S. taxes. (Note, there's nothing illegal about U. S. citizens parking money abroad in Swiss bank accounts to reduce or avoid U. S. taxes, but it is illegal to hid these accounts to evade paying your fair share of taxes).

Birkenfeld was an insider. While he did not establish this illegal practice at his bank, he helped clients evade taxes under these practices. Unfortunately for Birkenfeld, after he told authorities about this scheme, the Justice Department determined that he had not told all; namely, it was alleged that he hid information on how he helped a wealthy client participate in this scheme. So even though he blew the whistle on his former employer, he himself plead guilty to a felony count and did several years in prison for similar behavior. He was released from jail on August 1, 2012, and now is doing his final months in a half-way house in New Hampshire.

This case is significant for several reasons. First, whistleblower advocates across the nation are upset that the authorities prosecuted someone who exposed Wall Street fraud. In earlier court filings, the Justice Department made it clear that it most likely would not have discovered this level of fraud without the "inside" help of a former UBS employee. Such a prosecution, advocates believe, will make it less likely that other whistleblowers will step forward and provide helpful information.

Second, the IRS has been extremely slow in following up on whistleblower information. Its inaction also makes it less likely that others will step forward.

Lastly, the scope of the UBS fraud was staggering. It helped numerous U. S. taxpayers hid their money and evade taxes. Wonder if others firms are doing the same thing for their clients abroad.

Avoid Signing Legal Rights Away When Dealing With Nursing Home

ggarrow@garrowandevans.com (ggarrow) — Mon, 06 Aug 2012 10:22:06 -0500

Unfortunately, many of us are unprepared to deal with the emotions involved in placing our loved one in a nursing home. So much guilt…even though we’re doing our best to deal with a bad situation. But while trying to do the right thing, you better watch out for the fine print.

Hidden in the nursing home agreement could be a real killer--- a “forced arbitration” clause. Such clauses are hidden in the fine print of various consumer contracts, which run the gamut from credit cards to cell phone contracts. Consumers and employees are often forced to sign these clauses in order to receive services or get hired. In the event of a dispute with the corporation, mandatory binding arbitration says that a consumer or an employee cannot take their case to court but instead to a private arbitration forum. Often times the company picks the arbiter who will decide the outcome. The consumer can never take legal action and forced arbitration applies even if a consumer is seriously injured by a product or service. Now it’s not unusual to see this arbitration clause in the typical nursing home agreement. Perhaps it might be difficult to avoid such a clause when obtaining a credit card, but you can try watch for this trick when you sign the nursing home admissions document fore your loved one. Read this contract carefully. If you see language that says your cannot go to court if injured by the nursing home, cross out the language with a big fat X, and initial next to your X. Better yet, take the agreement to your attorney for review before you sign. Allowing your lawyer to give you advice on this important decision can save a lot of heartache and mess. If at all possible, you want to avoid signing your loved one’s rights away.

What if you’ve already signed a nursing home agreement with an arbitration clause? That was 5 years ago, but now your loved one has a huge pressure sore because of shameful neglect by the nursing home. You want to consider your legal options, but the nursing home shoves this admissions document --- complete with your signature and that forced arbitration clause --- right into your face. What do you do?

We’ll talk more about this later.

Defensive Medicine Does Not Reduce Hospital Injuries

ggarrow@garrowandevans.com (ggarrow) — Wed, 01 Aug 2012 13:44:44 -0500

According to a recent New York Times article by Sanjay Gupta, the associate chief of neurosurgery at Grady Memorial Hospital and the chief medical correspondent for CNN, so called "defensive medicine" does NOT reduce medical errors...and it increases the cost of medical care.

"Defensive medicine," a term that refers to a hospital or doctor's practice of ordering more tests and diagnostic studies than needed, is allegedly done to protect against malpractice. Doctors and hospitals claim that patients want these tests, and if they don't order them, patients are more likely to allege malpractice. Doctors also claim that these unnecessary tests are prime driver of costly medical care, and tort reform is needed to contain these costs, as well as protect them from legal actions if they don't perform them.

Yet, as Gupta explains, it's the defensive tests themselves that make medical care more risky:

"Herein lies a stunning irony. Defensive medicine is rooted in the goal of avoiding mistakes. But each additional procedure or test, no matter how cautiously performed, injects a fresh possibility of error. CT and MRI scans can lead to false positives and unnecessary operations, which carry the risk of complications like infections and bleeding. The more medications patients are prescribed, the more likely they are to accidentally overdose or suffer an allergic reaction. Even routine operations like gallbladder removals require anesthesia, which can increase the risk of heart attack and stroke."

Instead of practicing "defensive medicine," doctors and hospitals can follow the lead of other professionals and do a better job of standardizing procedures. Checklists and process, believe it or not, is not a stable of modern medical practice. Car mechanics do a better job of developing a process for the same or similar events than do your average doctor or hospital.

The wheel does not have to be reinvented each time a medical procedure is performed. The best medical professionals get this, and already are leading the way. The only question is...will the rest of the profession follow?

Injured While in the Hospital?

ggarrow@garrowandevans.com (ggarrow) — Tue, 12 Jun 2012 14:11:30 -0500

Hard to believe, but it happens all too often --- patients coming to the hospital for treatment are injured by the hospital or doctor. We trust our local hospital and doctor --- for good reason. Most medical professionals do their job and provide adequate and timely treatment. But sometimes, and that sometimes is now occurring too often --- a nurse, doctor or other health professional makes serious and deadly mistakes that can injure and kill.

Some say our medical system is broken. Here's a few reasons why:

When you see the doctor, studies tell us, the diagnosis will be wrong as many as one out of four times, according to a report by the Agency for Healthcare Research and Quality. Can you trust these results when they are wrong possibly 25% of the time?

One out of 14 times that you have an abnormal test result, the doctor will fail to let you know, according to a recently published study in the Archives of Internal Medicine.

98,000 people die each year from preventable medical errors...the 6th leading cause of death in America.

What can you do to ensure that you don't become a medical statistic?

Stay tuned for our next blog on this important subject.

AVOID INJURY FROM HOSPITAL ACQUIRED INFECTIONS

ggarrow@garrowandevans.com (ggarrow) — Fri, 09 Dec 2011 00:00:55 -0500

Guarding against infections should be a primary goal of the hospital and its employees during your stay. But you can do a few things as well to decrease the possibility that you’ll bring something nasty and potentially serious germ home from the hospital.

Hospitals must have protocols ---written procedures and guidelines --- that all employees must follow to reduce or eliminate a patient developing a hospital acquired infection (HAI). Most times these rules are mandated by city, county, state or federal governments, or certifying organizations. Following these procedures and rules are not optional. If, for example, you are going to surgery, ask what procedures they follow to ensure that patients don’t develop HAIs. Infections most often come from dirty instruments or hands during surgery, from improperly sterilized or handled catheters or needles, or from the contaminated hands of doctors or other health-care workers. And the overuse of antibiotics in general has helped create antibiotic resistant bacteria ---- tough little germs that survive even with the use of certain antibiotics.

Here are a few questions you can ask the next time you’re in the hospital:

“Did you wash your hands?” Probably a bit difficult for us shy folks to ask the doctor or nurse this question, but you should be mindful of who’s touching you and whether they have washed their hands. The rule: they need to use soap and water, or an alcohol-based hand sanitizer. Not a bad idea to keep sanitizer at your bedside. If you’re a bit bold, you might even say: "I'm sorry, but I didn't see you wash your hands. Would you mind doing it again?" I’d just give them my hand sanitizer when they come into the room.

“When can these tubes be taken out?” The risk of infection from a catheter, ventilator or other tube increases significantly if it's left in place for more than two or three days. So every day you should ask when can they be removed for good. This is a great idea because doctors and nurses can forget to remove them one they’ve done their job.

“Will I receive an antibiotic?” A couple of hours before surgery, ask if an antibiotic will be necessary. A single dose can be appropriate for certain operations, but research suggests that the drug or its timing is improperly administered in up to half of cases. In most situations, it should be given an hour prior to surgery. Ask what type and how much --- even if you don’t know how to interpret the information. Perhaps they will pay more attention and be more careful in dealing with you.

“Do I have to be shaved for this surgery --- if not, I’d prefer that you don’t do it.” Small cuts and nicks can provide an opening for bacteria. So if you really don’t have to lose your hair prior to that procedure, take the advice of the American Academy of Orthopedic Surgeons and don’t shave --- or don't let them shave you --- prior to surgery.

“Do I really need this heartburn drug?” Hospital patients are often prescribed a proton pump inhibitor, such as lansoprazole (Prevacid and generic) or omeprazole (Prilosec and generic).

FECES ON CELL PHONES??? PERHAPS YOU DON'T WANT TO USE YOUR FRIEND'S MOBILE DEVICE

ggarrow@garrowandevans.com (ggarrow) — Thu, 08 Dec 2011 00:00:01 -0500

Apparently, folks in Britain don't wash their hands after using the toilet. Then they use their cell phones. Researcher found that 92% of the phone examined were contaminated with bacteria and, worse yet, 16% of the cell phones harbored the dangerous Escherichia coli --- E. coli --- bacteria. Very nasty! Click here to read more.

By the way, are you washing your hands after using the potty?

GIVING THE PATIENT THE WRONG DRUG LEADS TO DEATH - MORE COMMON THAN YOU THINK

ggarrow@garrowandevans.com (ggarrow) — Wed, 07 Dec 2011 18:48:05 -0500

A patient complains of shortness of breath after receiving routine kidney dialysis treatment. As a precaution, he was admitted to a local hospital. The next day, while alert and still basically OK, he complained of an upset stomach. His doctor prescribed an antacid. Instead, his nurse gives him a paralytic drug – pancuronium – that was inappropriately stored in the nursing area. This deadly screwup sends the patient into cardiac arrest. He was revived, but the lost of oxygen during the heart attack places him in a vegetative state. He dies a month later. An unusual occurrence, for sure, but preventable medical errors happen far too often and sometime have fatal consequences.

The Institute of Medicine found that up to 98,000 people die every year from preventable medical errors --- the sixth leading cause of death. Medication errors are particularly a problem. Many medication errors --- giving the patient the wrong drug --- are preventable and inexcusable. In an earlier blog in 2010, we discussed the reasons for the most common medication errors.

We'll discuss what you can do to avoid being the victim of medical errors --- and particularly medication errors --- in the next blog. In the meantime, go to our website to a related topic that discusses "why our hospitals are not always safe."