Maryland Accident Law Blog

In Maryland, a jury awarded the family of Ryan Dineen $3,991,000 for their cerebral palsy lawsuit. Ryan is now 9.

His family’s Maryland cerebral palsy lawsuit accuses medical staff members at Frederick Memorial Hospital of medical malpractice related to Ryan’s birth in May 2000. Named as defendants in the civil complaint were the hospital, three nurses, and three doctors. However, the jury found only two doctors, Dr. Brian Raider and Dr. Edward Chen, negligent for Ryan’s birth injury.

According to the Maryland birthing malpractice lawsuit, Suzette Dineen, an Adamstown resident, was 36 weeks pregnant with Ryan when she was admitted to the Maryland hospital for vomiting, abdominal pain, and diarrhea. She claims that after she arrived at the hospital, staff members failed to properly monitor her baby’s fetal heartbeat.

The complaint contends that even though Rader, who was the emergency room doctor, and Chen, who is an obstetrician, were told about Suzette’s condition, both men never came to see her. It wasn’t until 3 hours after she arrived at the hospital that the medical team noticed that her baby’s heart rate was too low and they performed an emergency cesarean birth.

Ryan had no heart rate and wasn’t breathing when he was born. Doctors were able to revive him but he sustained permanent brain damage and lifelong disabilities and now suffers from cerebral palsy.

The Maryland jury awarded Ryan and his family $2,941,000 for medical costs—both past and future--$300,000 for pain and suffering, and $750,000 for lost wages.

Cerebral Palsy
The resources required to care for someone with cerebral palsy can be quite costly—especially if the person has had the condition since birth. Many people with cerebral palsy need full-time professional care and assistance to help them complete daily tasks. This is one reason why it is so important that you explore your legal options for recovery if your loved one has cerebral palsy because of birthing malpractice.

Frederick jury issues multimillion-dollar award in malpractice suit, Frederick News Post, June 3, 2009

Maryland Cerebral Palsy Lawsuit Results in $4M Award, About Lawsuits, June 3, 2009

Related Web Resources:
Cerebral Palsy, A Guide for Care

Cerebral Palsy and Special Needs Children's Organization

A Maryland wrongful death settlement has been reached between the mother and fiancé of a pregnant woman and her unborn son that died and Smithsburg Emergency Services Inc, medics James Ulrich and Karin Nichol, and former ambulance chief Jason Tracey. The terms of the agreement are confidential. Also previously named among the Maryland wrongful death defendants were Washington County, the Washington County Volunteer Fire and Rescue Association Inc., and dispatcher Robert Myerly.

20-year-old Christina Lynn Hess and her unborn son died in March 2004. The Maryland wrongful death complaint against the defendants contends that a feud between the Smithsburg Volunteer Fire Co. and the ambulance company caused the deaths of Hess and her son. Hess and fiancé Danny Gibson were volunteers at the fire company. Gibson and Hess’s mother, Tammy Reed, had sought $4 million for the wrongful deaths.

According to their Maryland wrongful death complaint, Ulrich and Nichol responded to an emergency call from Gibson, who said that Hess was having seizures. The medics arrived at the scene and spent at least 14 minutes unsuccessfully attempting to intubate Hess. She was then transported to Washington County Hospital where she and her son were pronounced dead.

Hess was suffering from eclampsia. The Maryland wrongful death lawsuit contends that the medical workers did not respond appropriately to her medical condition. It also notes a tape-recorded conversation between the former ambulance company chief and the dispatcher. The ex-chief can be heard making fun of the call for help and putting down the fire company. The plaintiffs say that the bad blood between the two companies led to EMS workers not responding fast enough to the medical emergency.

In 2007, a Washington County Circuit judge dismissed the lawsuit against the Washington County Commissioners, the Washington County Volunteer Fire and Rescue Association, and the dispatcher because he was a county employee at the time of alleged incident. These actions still left Smithsburg Emergency Medical Services, Tracey, and the medics with wrongful death and survival actions alleging willful conduct and gross negligence in the deaths of Hess and her son, as well as individual action counts alleging privacy invasion leading to unreasonable publicity that placed Hess in a false light.

Maryland Medical Malpractice
Emergency medics are supposed to respond appropriately to all medical emergencies. When failure to provide that standard of care leads to a patient’s condition getting worse, the parties responsible can be held liable for Maryland medical malpractice or wrongful death.

Eclampsia
Eclampsia is a serious condition that can occur in pregnant women. Symptoms can include coma or seizures. Eclampsia is treatable but can be fatal if not treated correctly or in a timely manner.

Maryland EMS Wrongful Death Suit Ends in Settlement, Insurance Journal, May 6, 2009

Wrongful death settlement under wraps, The Herald-Mail, May 5, 2009

Related Web Resources:
Smithsburg Emergency Services Inc.

Smithsburg Volunteer Fire Co.

Eclampsia, Emedicine

In Maryland, Montgomery County Judge John W Debelius III refused to cap the medical malpractice noneconomic damages received by the surviving family members of attorney Richard H. Semsker who died after a mole that was not treated became skin cancer and spread to his brain. Last year, his wife and two children were awarded $5.8 million for his wrongful death.

The Maryland medical malpractice lawsuit says that in 1998, Dr. Lokshin in Silver Springs examined Semsker’s back. He noticed that there was a 6 millimeter mole and recommended that Dr. Lawrence Marcus, the patient’s primary care physician, remove the mole.

The complaint claims that each doctor thought that the other physician had tended to the mole. In 2004, Semsker underwent another skin checkup. Dr. Michael Albert noted that there was an atypical mole and two cysts. Albert recommended the removal of the atypical mole but didn’t know that the other mole (documented in 1998) had doubled in size because he didn’t have access to Lokshin’s medical report, which under Maryland law could be destroyed after five years.

It wasn’t until 2006 that the mole was removed after Semsker’s wife saw that the mole had changed color. The delayed diagnosis led to Semsker being diagnosed with skin cancer that had now moved to other parts of his body. Semsker had to undergo surgery, radiation, and chemotherapy. He died in 2007.

Included in the verdict was $3 million for the anguish that Semsker and his family experienced while he was sick and after he died. If the judge had applied the cap, that portion of the award would have been reduced to $812,000. Judge Debelius, however, said the cap, under the 2004 Maryland Patient’s Access to Quality Health Care Act, provides exceptions for cases that were not first pursued through voluntary arbitration. He did, however, lower the award to $2.8 million because of a Maryland medical malpractice settlement that Semsker’s family reached with Dr. Marcus. Debelius’s decision does not bind other judges dealing with other cases.

Current Maryland medical malpractice cap:

• $665,000 for cases with one claimant
• $831,250 for cases with two claimants

Ruling: No cap applies, The Daily Record, April 21, 2009

Family wins malpractice suit against Silver Spring dermatologist, Gazette.net, November 19, 2008

Related Web Resource:
Skin Cancer Foundation

Is It Skin Cancer?, Skin Cancer Guide

A jury has ordered a US hospital to pay the parents of Sierra Wilson, a baby who sustained permanent brain injuries at birth, $4.4 million for birthing malpractice. According to the family’s medical malpractice lawsuit, Sierra, who was born in 2003, suffered a lack of oxygen during birth that caused her to sustain a permanent birth injury. She died in February 2008.

The complaint also contends that a nurse trainee assigned to her mother’s care at Piedmont Medical Center neglected to correctly monitor the fetal heart strips and, as a result, did not realize that Sierra was in fetal distress and needed to undergo an emergency procedure as soon as possible.

According to Sierra’s family, she was never able to talk, walk, or eat solid food throughout the duration of her short life and spent a great deal of time undergoing occupational therapy, speech therapy, and physical therapy. Her parents and two siblings say they worked hard together to take care of her.

Following the announcement of the jury verdict, the hospital expressed surprise at the outcome and continued to maintain that their staffers provided Sierra and her mother with quality care and acted appropriately at all times.

Cerebral Palsy
Cerebral palsy is a permanent condition that affects muscle coordination and body movement. Some signs of cerebral palsy include spasticity, inadequate muscle coordination when making voluntary motions, tight muscles, stiff muscles, a crouched gait, dragging one foot or leg while walking, and floppy or stiff muscle tone. Birthing errors made by medical staffers before, during, or right after delivery can sometimes result in a baby becoming afflicted with Cerebral palsy.

Couple Says $4 Million Verdict Is Justice For Late Daughter, WSOCTV.com, February 17, 2009

Jury awards $4.4M against hospital, Herald Online, February 17, 2009

Related Web Resources:
Cerebral Palsy

Birth Injuries

The family of a 7-year-old boy who suffers from cerebral palsy because of a brain injury he allegedly sustained during his birth will receive a $6.5 million medical malpractice settlement. Roberto Morales Jr. was born at Provena Mercy Medical Center on April 7, 2001.

According to the family’s medical malpractice lawyers, the boy’s attending obstetrician and labor and delivery nurse were negligent when they allegedly failed to respond fast enough to his decreasing heart rate and reduced oxygen flow after his mother was administered the drug Pitocin. Following his birth, Morales was flown to Advocate Lutheran General Hospital, where he stayed for a month. The medical malpractice defendants were Provena Medical Center, Dreyer Medical Group Ltd, Dreyer Clinic Inc., Advocate Health Care Network, and obstetrician Judson Jones.

Birthing Malpractice
Birthing errors can lead to an infant suffering permanent, debilitating, and costly injuries. If your son or daughter was injured during birth because a doctor, nurse, surgeon, obstetrician, or another medical professional was negligent, you may have grounds to file a birthing malpractice lawsuit.

Also this month, in another birthing malpractice case, a lawsuit was filed against Memorial Hospital, St. Louis University Hospital, and the physician who delivered Haley Overmeyer on January 9, 2005. Haley’s mother, Linda Overmeyer, claims medical errors during delivery are the reason Haley has cerebral palsy.

Linda claims Dr. William Keenan failed to appropriately resuscitate her daughter, ensure that she was correctly intubated, and correctly monitor her condition. Linda also contends that had Keenan provided mother and daughter with the appropriate level of standard medical care, Haley’s disability could have been prevented.

Hundreds of cerebral palsy lawsuits alleging medical malpractice are filed by victims' families every year.

Hospital to Pay $6.5M For Boy's Brain Injury, MSNBC.com, January 15, 2009

Memorial, SLU and doctor sued over child's cerebral palsy, The Record, January 5, 2009

Related Web Resources:

NINDS Cerebral Palsy Information Page, National Institute of Neurological Disorders and Stroke

Cerebral Palsy, CerebralPalsyInfo.org

A new study sponsored by the National Institute of Child Health and Human Development reveals that scheduling C-section deliveries for the sake of convenience can increase the risks of babies being born with serious complications. The study, in Thursday’s The New England Journal of Medicine, is the first-large scale examination of the dangers that can arise.

A closer look at over 24,000 full term babies showed that newborns delivered at 37 weeks via elective repeat Caesarean birth were two times more likely as babies born at the recommended 39 weeks of experiencing bloodstream infections, breathing issues, and other complications. Newborns born at 38 weeks had a 50% greater chance of suffering from such complications than babies born at 39 weeks.

Health authorities have expressed concern about the increase in C-section births in the US, which are reportedly at an all-time high. Over 1/3rd of US deliveries are Caesarean births. Different experts have attributed causes for this increase to different reasons. While a C-section birth may be the safest method of delivery for certain newborns and their mothers, there are pregnant women who elect to undergo the procedure for personal reasons. For example, a mother may be ready for the pregnancy to be over or a certain date for delivery may be more convenient than another birth date.

According to the study’s findings:
• Out of the 24,077 repeat Caesarean births between 1999 and 2002, 13,258 of these deliveries were elective, which means there were no medical reason why the C-section deliveries were performed.

• Over 15% of babies that were delivered at 37 weeks experienced health complications, including low blood sugar, breathing difficulties, infections, or other medical issues requiring intensive care.

• 11% of babies delivered at 38 weeks also experienced health complications.

The American College of Obstetricians and Gynecologists recommends that elective repeat C-sections take place no sooner than when the baby is 39 weeks old to make sure it is fully developed.

Birthing Malpractice
It is the job of your ob/gyn, surgeon, primary care physician or any other medical professional charged with your care during your pregnancy and delivery to make sure that you get the best medical attention and advice possible. When failure to provide these duties of care leads to birthing injuries or other complications, you may have grounds to fie a Maryland malpractice malpractice lawsuit.

Study: Early Caesarean Sections Raise Risk of Complications, Washington Post, January 7, 2009

Study: Elective C-section babies born before 39th week face risks, CNN, January 27, 2008

Related Web Resources:

The New England Journal of Medicine

National Institute of Child Health and Human Development

Continue reading "Study Shows Scheduling Early Caesarean Births for Convenience Can Increase Complication Risks" »

American College of Emergency Physicians has issued a report ranking Maryland #4 in the US for emergency care. While the state was awarded points for injury prevention and disaster preparedness, as well as an A for quality and providing a safe environment for patients and a B for injury prevention and public health, Maryland received a D – for its medical liability environment and a C- for emergency care access. The state’s average grade for medical emergency services was a B -, the same grade it received in 2006.

Grades were calculated based on data provided by each state. Washington DC, which also received a B-, was ranked second. Overall, the US received a C-. 90% of US states received failing or mediocre grades.

In Maryland, the ACEP found that crowded hospitals, coupled with not enough inpatient beds, was a problem. Also, there are not enough medical specialists in the state who can offer on-call emergency care. The report also found that Maryland did not enact adequate medical liability reform and that liability premiums and average malpractice damage amounts are above average.

The ACEP lauded Maryland for its emergency preparedness and its outreach to special needs groups. Another report by Trust for America’s Health and the Robert Wood Johnson Foundation gave Maryland a 5 out of 10 for its emergency preparedness during a disaster. Their report found that Maryland had failed to limit the liability of emergency health workers or maintain funding.

US Emergency Rooms
According to a recent USA Today article, not enough specialists, long waits, and overcrowding are some of the problems affecting emergency rooms in the United States. Recent emergency room facts:

- 56 minutes is the average wait time.
- There were 119 million hospital visits in 2006.
- 1 out of 5 Americans visited an emergency room in 2005.

US states, as well as medical facilities, hospitals, ER’s, doctors, nurses, medical specialists, and other providers of emergency care are supposed to provide the proper care to all patients. When failure to provide that care results in injuries or deaths, the responsible parties can be held liable for medical malpractice, personal injury, or wrongful death.

Md. Emergency Care Ranks Fourth in National Study, Southern Maryland Online, December 9, 2008

U.S. emergency rooms find ways to fix what ails them, USA Today, December 14, 2008

Related Web Resources:

American College of Emergency Physicians

Trust for America's Health

Continue reading "Maryland Receives B- Rating for Medical Emergency Care and is Ranked #4 Nationally" »

In Washington DC, a 39-year-old man died at his home on Wednesday, just hours after paramedics told him that he was suffering from acid reflux and didn’t need to go to the hospital. Now, authorities are trying to determine whether Emergency Service workers misdiagnosed Edward Givens's condition and if this contributed to his death.

Givens's mother, Lolitha, says that on Tuesday night, Edward told family members to contact 911. He was on the floor complaining of pains in his chest. He also said he was having problems breathing. At 11:40pm, an ambulance and fire truck from Engine 30 arrived at the home carrying three firefighters, who had emergency training, and a firefighter-paramedic.

The firefighters reportedly checked Givens’s vitals and conducted an electrocardiogram. Findings were normal. When the EMT’s found out Givens had eaten a burger, they recommended that he take antacid. They left soon after.

Lolitha says the paramedics refused to take her son to the hospital because they didn’t think his symptoms required additional care. Not even six hours later, however, family members contacted 911 again after they saw that Edward had stopped breathing.

Givens’s relatives say that the father of two might still be alive if EMT’s had followed procedures and taken him to the hospital. The DC Medical Examiner’s Office is expected to conduct an autopsy and issue its findings into his cause of death. According to DC Fire and Emergency Medical Services protocol, paramedics are supposed to take any patient who wants to go to the hospital.

Wrong Diagnosis
If a medical professional gave the wrong diagnosis of your loved one’s condition or failed to give him or her the proper care, your loved one may have grounds to file a medical malpractice claim for damages. If your loved one died because of medical negligence, you may have grounds to file a Washington DC wrongful death lawsuit.

Man Dies at Home After Paramedics Diagnose Acid Reflux, Washington Post, December 4, 2008

Misdiagnosis May Have Been Death Sentence for District Man, WJLA, December 3, 2008

Related Web Resources:

DC Fire and Emergency Medical Services

Rosenbaum Lawsuit Settled, Washington Post, December 21, 2007

Continue reading "Washington DC Man Dies After Paramedics Diagnose Acid Reflux" »

In US District Court, the mother of Karl Grimes, the 18-year-old who died from injuries he sustained during a fight with two youths while staying at the Oak Hill Youth Center in 2005, is suing the DC government and Prince George’s Hospital Center in Maryland for wrongful death. Patricia Grimes is seeking $5 million from the hospital for alleged negligent care and $15 million from the DC government for its failure to properly staff and supervise the detention facility.

According to Patricia’s wrongful death lawsuit, Karl was sent to Oak Hill in August 2005 because of a probation violation. He was beaten and knocked unconscious by a number of Oak Hill residents on November 23. The lawsuit contends that city officials knew that the detention center lacked the adequate staffing to properly supervise residents and make sure they were safe. Patricia also claims there was a “significant delay” in getting her son the care that he needed and that he would be alive today if city workers had done their jobs correctly.

After the assault incident, Karl was treated by on-site medical workers before he was taken to Prince George’s Hospital Center. He appeared to be recovering until two days later, when his condition deteriorated. On November 26, Grimes was declared brain dead.

This is not the first time that the Oak Hill Youth Center has come under fire for conditions at the DC detention facility. Drug use, overcrowding, and violence among residents are some of the problems the center has been cited for over the years.

Juvenile detention facilities and prisons are supposed to make sure that residents, detainees, and inmates are not placed in situations where they may sustain injuries or die. Failure to provide that care can lead to a personal injury or wrongful death lawsuit.

Grounds for filing a personal injury claim against a juvenile detention facility may include abuse, sexual assault, assault and battery, slip and fall, police brutality, negligence, or premises liability. There are specific steps that must be taken to file your claim or lawsuit against a local, state, or federal government.

Mother Sues City, Md. Hospital Over Teen's Death, Washington Post, November 26, 2008

District youth dies after fight at Oak Hill in Laurel, Gazette.net, November 29, 2005

Related Web Resources:

Behind Oak Hill's Fences, Violence and Uncertainty, Washington Post, August 2, 2004

Medical Malpractice, Justia

In Maryland, a Montgomery County Circuit Court jury has ordered the practice of Silver Springs Dermatologist Dr. Norman Ansel Lokshin to pay the surviving family members of Richard Semsker $5.8 million for dermatology malpractice.

Semsker died of skin cancer in October 2007. The Rockville resident had sought treatment from Dr. Lockshin’s practice. According to his family’s Maryland wrongful death lawsuit, Dr. Lokshin first detected a mole on Semsker’s lower back during a 1998 checkup. Lokshin contacted Semsker’s primary care physician, Dr. Lawrence Marcus, and recommended that the mole be removed. The mole was not removed.

In 2004, Semsker went back to Dr. Lokshin’s practice and was seen by Dr. Michael Albert, who was working at the practice part-time. Dr. Albert recommended that an atypical mole and two cysts be removed from Semsker’s upper back. However, he recommended that the same mole that Lokshin first detected on Albert’s back six years ago only be monitored because he believed that it wasn’t cancerous. Albert had just started working at the dermatology practice and he didn’t know that the mole had grown twice in size.

Semsker’s mole was not removed until August 2006, after his wife noted that it was now a different color. He soon found out that he had cancer and that the disease was now in lymph nodes in his lower abdomen and groin. It would later reach his brain. After undergoing surgery, radiation, and chemotherapy, the 47-year-old died of cancer in October 2007.

The Semsker family accused Albert of medical negligence for failing to recommend the mole’s removal. During the wrongful death trial, an expert witness for the family testified that Semsker’s recovery chances would have been 95% if the mole had been removed in 2004 instead of 2006.

While the Maryland jury did not find Lokshin personally liable for the delayed diagnosis, his dermatology practice is being held responsible for the medical malpractice award. The Semsker’s family was awarded $3 million in non-economic damages and $2.8 million for loss of financial support. The non-economic damages will be lowered to $812,5000, per the state’s medical malpractice cap on non-economic damages involving at least two plaintiffs.

Doctor liable for lawyer’s fatal cancer, The Daily Record, November 17, 2008

Family wins malpractice suit against Silver Spring dermatologist, Gazette.net, November 19, 2008

Related Web Resource:

Derm Malpractice Payout Doubled From 2005 to 2007: Average settlement rose by 53% to $290,627, Skin and Allergy News, October 2008

The parents of a baby that died in her mother’s womb are suing the Peninsula Regional Medical Center and Salisbury obstetrician and gynecologist Dr. John M. Woods for physician negligence resulting in wrongful death. In the lawsuit, filed on behalf of Jennifer Sheller and her companion John Bealefeld last February, Sheller, who sought medical help at the PRMC’s emergency department after experiencing vaginal bleeding and severe pain, was discharged by Woods without an examination.

By the time she returned to the hospital following increased pain and bleeding several hours later, Sheller’s unborn baby Kirra Faith was dead in the womb. Sheller was later diagnosed with a placental abruption—a condition that could potentially cause a fetus’s death.

If Kirra Faith hadn’t died, she would have been delivered by cesarean section 13 days later on March 5. Her parents, Sheller and Bealefeld, are seeking financial compensation from PRMC and Woods for over $30,000.

This is not the first medical malpractice case filed against Woods this year. In April, Woods and Dr. Michele Urban, a former partner, were found liable for the permanent injuries suffered by a Bridgeville woman because her bladder was accidentally stitched in 2004. The medical mistake killed organ tissue and she now suffers from permanent urine leakage.

OBGYN Malpractice Mistakes May Include:

• Birthing Injuries
• Surgical mistakes
• Failure to diagnose placental abruption, ovarian cancer, and other serious conditions
• Failure to evaluate mammogram tests
• Failure to conduct pap smears and properly analyze results
• Performing a pap smear incorrectly
• Failure to test for birth defects

Parents sue doctor after baby died in the womb, DelMarVaNow.com, August 26, 2008

Related Web Resources:
Peninsula Regional Medical Center

Placental Abruption

Continue reading "Maryland Parents Sue Peninsula Medical Center and Salisbury OB/GYN for Wrongful Death After Baby Dies in Womb" »

In Baltimore County Circuit Court, Donna Jankowski reached a confidential medical malpractice settlement with Franklin Square Hospital Center and Dr. Diaa Mikhail. The settlement was reached on July 18 on the 5th day of their medical malpractice lawsuit trial.

Jankowiak had sued the Baltimore hospital and Mikhail for medical malpractice, alleging that they failed to diagnose her heart condition. The Dundalk woman went to Mikhail in November 24 because she was experiencing pain going from her arm to her chest.

In her medical malpractice lawsuit, filed last year, Jankowiak says that Mikhail conducted an EKG and said the results normal. Jankowiak then sought help at the Franklin Square emergency room where she had another electrocardiogram. These EKG results also were reportedly normal, according to the hospital.

Six hours later, at another hospital, Jakowiak underwent a third EKG. This time, results came back abnormal. Jankowiak was suffering from a myocardial infarction, which has resulted in permanent heart damage. She has had to undergo surgeries and other medical treatments as a result of her condition.

Failure to Diagnose
Failing to diagnose an illness or condition can cause a patient’s condition to grow worse. His or her chances of survival may decrease if a diagnosis is missed completely or is delayed because of an initial failure to diagnose. Many conditions that could have been easily treated can become progressively worse because of a failure to diagnose, and a patient may have to undergo surgeries and other invasive and/or painful procedures that he or she could otherwise have avoided. Failure to diagnose a condition can also result in a patient’s death.

Failure to diagnose is a common kind of medical malpractice. In Maryland and Washington DC, an experienced medical malpractice lawyer can help you with your case.

Settlement Reached in Lawsuit Against Baltimore Hospital and Doctor, RedOrbit.com, July 28, 2008

Related Web Resources:

How Common is Failure to Diagnose?, Wrong Diagnosis

Franklin Square Hospital Center

In Maryland, Salisbury Cardiologist Dr. John McLean is being sued for medical malpractice. The 2-count lawsuit, filed by patients and their families, accuses McLean of performing stent placement and cardiac catheterization without proper cause. Also named as defendants in the lawsuit are Peninsula Regional Medical Center, Peninsula Regional Health System Inc., and McLean’s practice, John R. McLean, MD & Associates.

The 24 plaintiffs include 13 patients throughout the Delmarva Peninsula, as well as the spouses or representatives of decedents’ estates. They are alleging negligence and seeking damages above the $30,000 jurisdictional limit for each count plus all legal costs. The personal injury attorneys for the plaintiffs say that McLean “dramatically overstated findings” from tests and persuaded his patients to undergo surgeries they did not require. They also say that there were less expensive procedures that could have been used. The lawsuit also accuses the technicians and nurses that assisted McLean during the surgeries of knowing about the malpractice but failing to report or stop the wrongdoing.

Last year, Peninsula Regional Medical Center, where McLean conducted the procedures, accused McLean of performing 25 unnecessary heart stent procedures. Some claimaints even underwent the procedure more than once.

Cardiac Catheterization
Cardiac catheterization involves the insertion of a thin plastic tube into the vein or artery. The tube can then be advanced into the heart. The test can measure blood pressure in the heart and oxygen in the blood.

Stent Placement
Stents can be inserted after cardiac surgery to keep blood vessels open. They can also be used to open arteries in certain areas of the body and to treat patients with liver disease or blocks in the esophagus.

Lawsuit filed in stent surgeries, Delmarvanow.com, July 21, 2008

Stent Placement

Cardio Catheterization, American Heart

Related Web Resources:

Peninsula Regional Medical Center

Dr. John McClean

Television host Ed McMahon is suing Cedars-Sinai Medical Center, two doctors, and an investment tycoon for personal injury. He says that the neck injury he suffered from a fall accident makes it impossible for him to work and is the cause of his financial problems.

McMahon says he fell down a ramp-like staircase during a dinner party at the home of Robert Day, an investment tycoon, and that the stairwell was “unsafe” because it didn’t have handrails or proper lighting. Day is one of the defendants in the lawsuit.

McMahon is also suing Cedar-Sinai Medical Center and two of its doctors for discharging him with a broken neck following the fall accident and failing to properly perform two surgeries. McMahon says that it was his cardiologist who later diagnosed the neck injury.

The 85-year-old former TV host says that he cannot work because of his injuries and is now $644,000 behind on mortgage payments. He has already undergone three surgeries to repair his neck injury.

A spokesperson for McMahon says the personal lawsuit comes following failed negotiations with the defendants. McMahon is seeking compensation for battery, negligence, elder abuse, and emotional distress.

Medical Malpractice
Doctors and hospitals are supposed to provide patients with a certain level of care. When failure to provide that care leads to injury or the exacerbation of an existing injury or illness, the health care provider can be held liable for medical malpractice.

Premises Liability
Slip/trip, and fall accidents can occur when there is an unsafe condition on a property that leads to injury accidents. Property owners must make sure that there are no hazards on a premise that can cause someone to slip and fall or trip and fall. Slip/trip and fall accidents can lead to painful injuries.

In Maryland and Washington DC, contact our personal injury lawyers to discuss your case.

Ed McMahon Files Lawsuit Over Neck Injury, CNN.com, July 19, 2008

Related Web Resources:

Cedars-Sinai Medical Center

Ed McMahon Explains his Mortgage Mess, CNN.com, June 6, 2008

Continue reading "Ed McMahon Sues Hospital, Doctors, and Investment Tycoon for Personal Injury" »

The mother of a teenaged girl is suing a Planned Parenthood in Washington DC for $50 million over a failed abortion. Shantese Butler, was just 13-years-old when her mother Emma Jean Butler took her to Planned Parenthood Metropolitan in September 2005 to have an abortion.

Shantese had gotten pregnant after being raped. The abortion left her with serious physical injuries, including a vaginal injury, abdominal bleeding, a cervical injury, uterine perforation, and a bowel tear. An exam the day after the procedure showed that parts of the fetus had been left inside her. Because of her injuries, Shantese can never have children.

Students for Life of America Director Kristan Hawkins say that Planned Parenthood denies responsibility for Shantese’s infertility and abortion-related injuries. Planned Parenthood says that Emma Jean’s claims are barred by assumption of risk and informed consent doctrines.

If you or someone you love was injured during a medical procedure, you should contact our Washington medical malpractice law firm today. We can determine whether a doctor, surgeon, hospital, nurse, or another medical provider was negligent or careless. You may have grounds to file a medical malpractice claim against all negligent parties.

Just this month, a Nebraska Planned Parenthood settled a personal injury lawsuit filed by a woman who also suffered injuries from a failed abortion. The woman nearly died when she experienced severe blood loss and a perforated uterus from the procedure. She has described the abortion as excruciatingly painful and three Planned Parenthood workers held her down while the Dr. completed the procedure. She had to be rushed to the emergency room after the abortion and a hysterectomy was performed.

Planned Parenthood Sued for $50 Million for Injuring Teen in Failed Abortion, Lifenews.com, May 28, 2008

Planned Parenthood in Nebraska Settles Near-Death Botched Abortion Lawsuit, Lifenews.com, May 27, 2008

BUTLER et al v. PLANNED PARENTHOOD METROPOLITAN WASHINGTON, D.C., INC., Justia.com

Related Web Resources:

Planned Parenthood

Continue reading "Planned Parenthood In Washington DC Sued For $50 Million By Mother Of Teenager That Had Botched Abortion" »

Congressional researches say that the federal government should be doing more to protect patients from contracting infections at hospitals. According to the Government Accountability Office, the federal government needs to establish proper standards for hospitals to reduce infections.

In Baltimore, Maryland, one man is suing Northwest and Sinai hospitals for wrongful death. Michael Bennett says that his 88-year-old father died because he was infected by six different bacteria while undergoing treatment for a respiratory virus in 2004. The infection reportedly contaminated his blood, heart, and lungs before destroying his leg and his kidneys. He died soon after. Maryland is one of over 20 US states that have measures requiring that hospitals in the state reveal their infection rates.

Consumers Union, an interest group, says that approximately 90,000 people die each year at US hospitals after contracting an infection, with 1.9 million others becoming sick from infection. The fatalities have cost the country about $5 million more in health care spending.

Many infections are contracted through ventilators, intravenous tubes, and catheters that can lead to staph infections, urinary tract infections, or other infections.

Federal officials, however, say that hospitals are cited for improper practices that lead to patient infections.

It is the responsibility of hospitals in the United States to ensure that patients receive a certain level of medical care. Part of that standard requires a certain degree of cleanliness and sanitation at the medical facility. Patients are not supposed to suffer because a hospital has not taken the proper steps to ensure that they’ve reduced the risks of infection.

In Maryland and Washington D.C., our medical malpractice attorneys represent injury victims and families that have suffered because of hospital negligence or carelessness.

Report calls for better hospital standards, Baltimore Sun, April 17, 2008

Hospital Infection

Related Web Resources:

Infection Control in Healthcare Settings, CDC.gov

US Government Accountability Office

Continue reading "Poor Hospital Standards Across The United States Endanger Lives" »

In California, San Francisco General Hospital has agreed to pay $5.1 million to settle a medical malpractice lawsuit filed by a patient who was seriously injured after hospital staff gave him the wrong medication. San Francisco supervisors approved the settlement amount on Tuesday.

According to court documents, John Weatherspoon III, then 40, sought treatment at the hospital for a cough and a fever in 2005. Hospital staff diagnosed him with renal failure and gave him sedatives. Due to the alleged failure of the staff to monitor the doses he received, he suffered cardiorespiratory failure and sustained an anoxic brain injury.

The lawsuit accused the hospital of breach of medical professional. The city has admitted to mishandling Weatherspoon’s case.

Weatherspoon now requires full-time medical attention. The settlement will pay for his medical care for life. He also recently settled a medical malpractice lawsuit with University of California for $250,000. UCSF doctors are among the personnel that work at San Francisco General Hospital.

Wrong Diagnosis
Unfortunately, the wrong diagnosis of a patient’s condition is not an uncommon occurrence. Misdiagnosing a patient’s symptoms can prove fatal—especially when someone is given the wrong medication because the diagnosis was incorrect. Wrong diagnosis, delayed diagnosis, and failure to diagnosis can be catastrophic.

In Maryland and Washington D.C., our personal injury lawyers handle serious medical malpractice cases and traumatic brain injury cases. Do not hesitate to contact our Maryland law firm for your free consultation with an experienced medical malpractice attorney or one of our traumatic brain injury lawyers.

$5 million OKd to settle S.F. malpractice case, SFGate.com, April 30, 2008

City Hall Watch: Board backs big settlement in lawsuit, Examiner.com, April 30, 2008

Related Web Resources:

San Francisco General Hospital

Brain Anoxia or Hypoxia, Healthlink.mcw.edu

Continue reading "Hospital Settles Medication Error Medical Malpractice Lawsuit For $5.1 Million" »

Retired Army captain Jon Dale Jones is being sued for personal injury by several people who claim that he infected them with hepatitis. He was arrested in March on federal charges of assault and possession of a controlled substance by fraud.

Staff Sgt. Ivan James Westrick and at least seven others are suing Jones and the nursing agency that employed him when he was working at William Beaumont Army Medical Center, where the infection was spread.

At least 7 other military service members or their family members say that they were infected with the disease because of Jones. According to federal prosecutors, Jones spread the disease in 2004 when he diverted fentanyl, often used as anesthesia, from patients to himself during surgeries at the El Paso, Texas military hospital.

Victims include an active-duty soldier, a retired Army chief warrant officer, a former Fort Bliss commanding general, and the wife of a retired Marine Corps gunnery sergeant.

Jones has pled not guilty to the charges and denies using dirty needles during the procedures.

The plaintiffs say that having Hepatitis C has forced them to undergo lengthy and aggressive medical procedures.

Hepatitis C is a liver disease that is caused by the Hepatitis virus that can be transmitted via blood transfusions. According to court records, Jones tested positive for Hepatitis C following the outbreak. After the outbreak, Jones was taken off the surgery unit but continued working as a nurse at the Texas hospital and later at other hospitals.

The Centers for Disease Control and Prevention did not link Jones to the outbreak until after he stopped working at the El Paso hospital. He was arrested in Florida, where he had opened up his own business, Jones Anesthesia, LLC.

In Washington D.C. and Maryland, our medical malpractice law firm handles cases where patients have been injured because of the medical negligence or recklessness of a doctor, a nurse, a hospital, or another medical provider. We also handle claims and lawsuits against VA (veterans administrative) hospitals and other military facilities for military medical malpractice.

15 Hepatitis Infections Tied to Ex-Nurse, AP, March 21, 2008

Military Medical Malpractice Overview, Justia

Related Web Resources:

Riverside patient tests positive for hepatitis C, DailyPress.com, April 3, 2008

Viral Hepatitis C, CDC.gov

Hepatitis C, MayoClinic.com

Continue reading "Retired Army Nurse Sued For Medical Malpractice Over Allegedly Spreading Hepatitis " »

The Drug Enforcement Administration says that two doctors who gave movie star Heath Ledger prescription drugs have been cleared of any wrongdoing related to the movie star’s death.

Ledger was found dead in his New York apartment of a prescription medicine overdose on January 22. An autopsy concluded that Ledger died from ingesting a combination of Vicodin, Oxycodone, tazepam, diazepam, alprazolam, and doxylamine.

According to the medical examiner’s office, the drugs were not supposed to be taken together and doing so impaired Ledger’s ability to breathe properly. The actor fell asleep and never woke up.

Both doctors were ruled out as the sources of Vicodin and OxyContin that were found with the actor on the day of his death.

In 2006, the Institute of Medicine issued a report stating that at least 1.5 million Americans are injured or killed because a medication mistake had been made in dispensing, prescribing, or taking a prescription drug.

The report says that mistakes are so common that a person staying at a hospital is subject to one medication error a day.

Common medication errors include:

• Writing prescriptions that can be dangerous when taken in combination with other drugs.
• Giving a patient the wrong medication.
• Giving the patient the correct drug but the wrong dosage amount.

Our Maryland and Washington D.C. personal injury law firm represents clients that have been seriously injured because of a prescription or pharmacy error. Our prescription error lawyers can determine whether you have grounds to file a case.

Federal Agents Rule Out Doctors in Heath Ledger's Death, FoxNews.com, February 29, 2008

Medication Errors Harming Millions, Report Says, Washington Post, July 21, 2006

Related Web Resources:

Actor Heath Ledger dies at 28, CNN.com, January 22, 2008

Drug Enforcement Administration

Continue reading "Two Doctors Cleared In Heath Ledger Prescription Overdose Death" »

Jury selection in the wrongful death of actor John Ritter began in Los Angeles County Superior Court today. Ritter died at age 54 in September 2003 after he was treated in a Burbank emergency room for a heart attack when he actually had an aortic dissection. His family claims that the TV star would have lived longer if only he had undergone the correct procedure; they say that the treatment he received for a heart attack was the “exact opposite” kind of care that he needed.

Plaintiffs in the wrongful death lawsuit are Ritter’s wife, actress Amy Yasbeck, and his four children. They are suing two doctors for $67 million—the high sum is based in part on what Ritter, a successful television star, would have earned had he survived.

At the time of his death, Ritter was the star of the hit television show "8 Simple Rules for Dating My Teenage Daughter.” He also worked in movies and other television projects.

The two doctors named as defendants in the wrongful death lawsuit are cardiologist Joseph Lee and radiologist Matthew Lotysch. They are being sued for negligence and their alleged failure to properly diagnose and care for Ritter.

Lotysch is the doctor who performed a body scan on the actor in 2001. Lotysch detected nothing wrong with Ritter’s aorta, but referred him to a cardiologist because he noticed calcifications in the actor’s coronary arteries. Ritter did not see a cardiologist after his visit with Lotysch.

In 2003, Ritter was rushed from the set of his TV show to the emergency room of Providence St. Joseph Medical Center in Burbank. He complained that he was experiencing chest pain, nausea, and vomiting.

A chest x-ray that was ordered was never conducted for some unknown reason. Lee is the doctor who treated him for the heart attack. The aortic dissection was not identified until right before the actor died.

An aortic dissection is a tear in the aorta that can imitate a heart attack.

Yasbeck and Ritter’s kids have already received about $14 million in settlements from nine medical entities, including Providence St. Joseph Medical Center, which settled with Ritter’s family for $9.4 million.

If you were seriously injured or someone you love died because a doctor made a medical error, failed to diagnose your illness, or provided you with the wrong type of medical care, you should speak with our Maryland or Washington D.C. medical malpractice law firm immediately.

John Ritter's diagnosis at center of $67M lawsuit, CNN.com, February 5, 2008

Ritter's family says he didn't have to die, Los Angeles Times, January 24, 2008

Related Web Resources:

Settlement Reached in John Ritter Wrongful Death Lawsuit, 6abc.com, March 16, 2006

John Ritter, IMDB.com

Continue reading "John Ritter’s Family Takes $67 Million Wrongful Death Lawsuit to Court" »

In Maryland, the surviving family members of Nicole Letrice Smith,22, filed a medical malpractice complaint saying that the improper medical care that Smith received at Union Memorial Hospital following a 2006 car accident was the cause of her death. The complaint was filed with the state’s Health Care Alternative Dispute Resolution Office and the family plans to file a medical malpractice lawsuit.

Smith was injured in a car accident when a Johns Hopkins pathologist driving the wrong way on the freeway hit her car. The family claims that improper treatment resulted in her death when a blood clot traveled from her broken leg to her lungs.

The claim says that her doctors should have notified Smith, who was obese, taking birth control pills at the time, and immobile because of her broken leg, that she was at risk for blood clots.

Named as defendants in the complaint are Union Memorial Hospital, Yuhwan Hong, and Lew Schon. Schon treated Smith when she was admitted to the hospital on July 8, 2006 and Hong treated her later before discharging her from the hospital. Three days after her release, Smith had a heart attack and died.

The driver of the motor vehicle that smashed into Smith’s car, Dr. Todd B. Sheridan, pleaded guilty to DUI and automobile manslaughter. He will be sentenced in April.

It is up to your doctor to warn you of any potential side effects that can result from your treatment or care. If failure to do so results in injury or death, you should talk to a medical malpractice attorney about filing a medical malpractice claim or lawsuit.

In order to receive medical malpractice compensation, you must file your claim or lawsuit before the statute of limitations ends. In Maryland, the statute of limitations for medical malpractice action is five years from the time the incident occurred or three years from when medical malpractice as the cause of injury or death is discovered. The statute of limitations for medical malpractice claims and lawsuits in Washington D.C. is three years.

If you or someone you love is the victim of medical malpractice in Washington D.C. or Maryland, you should contact a medical malpractice law firm immediately.

Family files malpractice complaint against hospital, Baltimore Sun, January 17, 2008

Related Web Resources:

Medical Malpractice Overview, Wrong Diagnosis, January 17, 2008

Medical Malpractice, Statute of Limitations

Continue reading "Maryland Family Files Medical Malpractice Complaint In Woman’s Blood Clot-Related Death" »

Movie star Dennis Quaid says that Cedars Sinai Medical Center was not forthcoming about its role in the accidental Heparin overdose of his newborn twins.

. Quaid’s allegations follows the California Department of Public Health’s release of a 20-page report regarding the medical center’s handling of pediatric patients.

In the report, state inspectors accused Cedars-Sinai of multiple failures in the incident, including its failure to follow set rules and procedures when administering medication. California inspectors found that the center’s unsafe medication practices put all of its patients at risk of injury or death.

Other errors cited in the report included the failure by Cedars-Sinai pharmacy technicians and nurses to check product labels before dispensing Heparin and not keeping up-to-date and thorough records of when the drug was administered. Cedars-Sinai has 10 days to respond to the report.

Quaid’s son and daughter were administered overdoses of Heparin, a blood thinner, because they were given the wrong doses. The vial of Heparin that each twin was administered had 10,000 united per millimeter of the medication—the dosage used for adults—rather than the 10 units prescribed for infants.

Now, however, new information reveals that the twins were overdosed a second time within an eight hour period.The twins had to be treated with protamine to reverse Heparin’s effects.

Quaid and his wife Kimberly have already filed a products liability lawsuit against Baxter Healthcare, the drug maker of Heparin. The lawsuit claims that the similar packaging of the different doses makes it easy for hospital workers to mix one dose with the other.

If you or your child was injured at a Maryland or Washington D.C. hospital because of a prescription overdose caused by the negligence of a doctor, nurse, medical technician, or any other health care provider you should contact a medical malpractice law firm immediately.

State cites safety drug lapses at Cedars-Sinai, Los Angeles Times, January 10, 2007

Drug mix-up outrageous, says Quaid, The Press Association, January 10, 2007

Related Web Resources:

Heparin Injection, MedlinePlus

Cedars-Sinai Medical Center

Continue reading "Multiple Failures by Cedars-Sinai Led to Heparin Overdose of Dennis Quaid’s Twins, Says State Probe " »

A divided Maryland Court of Special Appeals says there is insufficient evidence to show that medical malpractice caused the death of Sherri Schaefer, who died of uterine cancer in 2005. She was diagnosed with the disease in 2001.

Schaefer’s husband, Charles Marcantonio, filed a wrongful death lawsuit against Dr. Melissa Moen, a gynecologist at Women's OB/GYN in Parole, Maryland.

In his lawsuit, Marcantonio claimed that Moen and Anne Arundel Diagnostics Inc.’s Dr. Paula Decandido did not conduct enough tests when his wife was first diagnosed with the disease.

Schaefer first went to the hospital in 2002 because she was experiencing heavy vaginal bleeding. Dr. Moen attributed the bleeding to hormone-replacement therapy. The bleeding continued for seven months. Following a biopsy, the ovarian cancer was discovered.

Marcantonio claims that Moen and Decandido missed a 1.5 cm. ovarian mass on the sonogram. Decandido is the one who interpreted the sonogram. Because of this, Schaefer’s diagnosis was delayed. Marcantonio says his wife’s chances of survival went down to 50-60 % from 80%.

Maryland’s second highest court, however, disagreed, and said that the plaintiff was unable to prove that any of the defendants acted negligently—resulting in Schaefer’s death.

According to Judge James P. Salmon of the Court of Special Appeals, "The major issue to be decided is whether proof that a health care provider was responsible for a twenty- to thirty-percent reduction in the decedent's chance of survival is sufficient to prove that the malpractice caused the death. We shall hold that it is not."

Medical malpractice and wrongful death cases can be challenging to prove. This is why it is so important that you hire a Maryland or Washington D.C. personal injury attorney to take on your case.

Losing someone you love is hard enough without having the cause of death be the carelessness or negligence of a physician. A wrongful death lawyer can file a lawsuit on your behalf to hold the negligent party or parties financially responsible.

Missed cancer diagnosis not negligence, The Daily Record, December 31, 2007

Wrongful death case hinged on mass allegedly missed in sonogram, Capital Online, December 28, 2007

Related Web Resource:

Liberia RPCV Sherri Schaefer dies in Annapolis, PeaceCorps, May 23, 2005

Continue reading "Maryland Court Rules on Cancer Patient’s Wrongful Death, Saying There Was No Negligence in Missed Cancer Diagnosis " »

In Washington D.C., Howard University Hospital and Daniel and Dorothy Rosenbaum, the adult children of deceased New York Times reporter David Rosenbaum, have reached a settlement in the medical malpractice and negligence lawsuit filed against D.C. emergency workers and the hospital.

The 63-year-old reporter, who had just retired after 30 years of working for the Times, was seriously injured during a street robbery in Northwest Washington D.C. on January 26, 2006. Rosenbaum’s son and daughter filed their medical malpractice and negligence lawsuit a year ago last November after the D.C. inspector general’s office found that paramedics, firefighters, police, and hospital personnel failed to treat Rosenbaum.

Emergency workers found Rosenbaum on the sidewalk in a barely conscious state. The report, however, says that they did not realize he was seriously injured. They thought he was drunk. The ambulance he was riding in took Rosenbaum to Howard University Hospital, instead of a hospital located closer to the crime scene, because one of the workers had personal business in that area.

Rosenbaum was placed on a gurney at the hospital where he was left unattended. A doctor did not examine him for over 90 minutes. He was finally given a neurological exam nearly four hours after he arrived at the hospital. He died two days later.

Rosenbaum’s children were also upset that police did not follow up on a lead related to a beating crime that occurred several weeks before their father was assaulted. One of the men convicted of attacking Rosenbaum was also the attacker in the earlier assault.

Rosenbaum’s children say the failures to act by emergency workers, police, and the hospital were partially responsible for their father’s death. Rosenbaum’s children reached a settlement with the District in March. They agreed to forgo financial compensation as long as the city revised the way its emergency medical response system works. The details of the agreement with Howard University Hospital remain confidential.

If someone you love died because of the negligence of a hospital, police, emergency workers, a nursing home staff, or anyone else, you should contact a Maryland or Washington D.C. personal injury lawyer right away.

Hospitals are supposed to administer patients with a reasonable standard of care. Failure to do so is medical malpractice and grounds for a claim or lawsuit.

Rosenbaum Lawsuit Settled, Washington Post, December 21, 2007

Family of slain New York Times reporter settles medical malpractice lawsuit with D.C. hospital, IHT.com/AP, December 21, 2007

Related Web Resources:

Slain Journalist's Family Files $20 Million Lawsuit, Washington Post, November 21, 2006

Howard University Hospital in Washington D.C.

Continue reading "Family of Slain New York Times Reporter David Rosenbaum Settles Medical Malpractice Lawsuit with Howard University Hospital in Washington D.C." »

A woman infected with HIV and hepatitis from the kidney she received from a donor says she was not notified that her donor was high-risk. She also says that she previously turned down another donor due to his “lifestyle.”

Her attorney in Illinois asked the Cook County Circuit Court to prevent the organ procurement center and the hospital where she received her transplant from modifying or destroying any records related to her case. He claims that both the University of Chicago and the Gift of Hope Organ & Tissue Donor Network were aware that the kidney belonged to a patient who was at high-risk of getting HIV.

The CDC’s guidelines mandates that gay men who are sexually active should not be allowed to donate their organs unless the patient is in danger of dying immediately.

Officials at the University of Chicago claim that they followed the proper guidelines when arranging for the transplant. The woman’s attorney, however, claims that guidelines were not followed when the woman was not notified of the patient’s status and she wasn’t tested for HIV immediately after the transplant. She was also told that her donor was a healthy male.

The woman received a new kidney in January. She was diagnosed with HIV and hepatitis on November 1. Her HIV medical treatment is negatively affecting her kidneys.

Gift of Hope was also involved in the donor process of the four other patients who were diagnosed with HIV following their transplants. All four of them received their transplants from a donor who died following a traumatic brain injury. An initial HIV test on the donor had come back with a negative result.

Over 300,000 people receive transplants in the United States every year.

If you or someone you love has became injured or ill because of a medical error, you may be able to file a medical malpractice claim or lawsuit against the hospital, doctor, surgeon, medical center, or anyone else who can be held liable for causing your injuries or sickness.

Failure to follow proper procedures, failure to obtain informed consent, performing the wrong surgery, mistakes during surgery, failure to diagnose, or providing a patient with the wrong treatment are some of the many errors that can result in a medical malpractice claim or lawsuit.

Chances of infection low, organ donation official says, The Jeffersonian.com, November 27, 2007

Lawyer: Woman who got HIV wasn't told organ donor was risk, USA Today, November 16, 2007

Four Transplant Recipients Contract HIV, Hepatitis C From High-Risk Organ Donor, The Body Pro, November 14, 2007

Related Web Resources:

Gift of Hope Organ & Tissue Donor Network

The Living Legacy Foundation, MDTransplant.org

Continue reading "Woman Infected with HIV from Organ Transplant Did Not Know Donor Was High-Risk" »

Donda West, the mother of record producer and rapper Kanye West, died on Saturday night at Centinela Freeman Regional Medical Center in Marina del Ray, California due to what may have been surgical complications.

Donda West, 58, had just undergone plastic surgery performed by Beverly Hills Dr. Jan Adams. Adams says he performed breast reduction surgery and a tummy tuck on West. He claims, however, that he didn’t do anything wrong and that her death could have been a result of other medical issues. He thinks that she died because of massive vomiting, a heart attack, or a pulmonary embolism.

Autopsy results are expected this week. Preliminary information, however, indicate that Donda West could have died from “complications of surgery.”

Another Beverly Hills plastic surgeon, Dr. Andre Aboolian, says that Kanye West’s mother spoke with him months ago about having plastic surgery. He refused to perform the procedure because she had a pre-existing condition that could cause her to have a heard attack if she underwent surgery. He told her that she needed to get medical clearance before he would perform the surgery. He never heard back from her.

If you suspect that you were injured or someone you love has died because of any kind of medical malpractice——including plastic surgery malpractice—you should speak with a medical malpractice lawyer immediately.

Common kinds of cosmetic surgeries include:

• Facial scar revision
• Plastic surgery
• Hair replacement
• Mentoplasty
• Rhinoplasty
• Breast implants
• Face lifts
• Otoplasty
• Tummy tucks
• Liposuction

Cosmetic surgery errors can lead to serious injuries or wrongful death. A person who is seriously injured because of plastic surgery may experience permanent scarring or disfigurement and suffer from emotional trauma, chronic pain, and psychological trauma. If physical appearance has a bearing on a patient’s career, he or she could experience loss of work.

A medical malpractice lawyer can assess your injuries and determine their cause and file a medical malpractice claim or lawsuit against the negligent plastic surgeon. If someone you love has died because of cosmetic surgery complications, you should speak with an experienced wrongful death lawyer who can file a claim or lawsuit for you.

Autopsy expected in death of Kanye West's mother, CNN/AP,November 13, 2007

Related Web Resources:

Dr. Jan Adams

Cosmetic Surgery: Procedures at a Glance, American Society of Plastic Surgeons

Continue reading "Kanye West’s Mother Dies After Plastic Surgery " »

The family of a 12-year-old boy that died from a staph infection is going to sue the city of New York with a $25 million wrongful death lawsuit.

Omar Rivera’s mother, Aileen Rivera, says she will sue the city because doctors at Kings County Hospital Center misdiagnosed his illness. Omar Rivera died on October 14 at Brookdale University Hospital and Medical Center.

His mother had taken the 7th grader to the hospital because she wasn’t satisfied with the care that he was getting at a clinic, which belongs to New York City’s public hospital system.

She says that the doctor at Kings County Hospital Center misdiagnosed Omar’s illness—identifying it as an allergic reaction rather than an infection. Because of this misdiagnosis, no tests were ordered. Omar was given Benadryl for his skin lesions. Omar died of methicillin-resistant Staphylococcus aureus.

Methicillin-Resistant Staphylococcus Aureus (MRSA)
Methicillin-resistant Staphylococcus aureus is a kind of bacteria that is resistant to certain antibiotics, such as methicillin, amoxicillin, penicillin, and oxacillin.

Symptoms can include boils or pimples. MRSA can cause infections in different areas of the body. Although most cases of MRSA are not fatal, some cases can lead to death.

Wrong Diagnosis
Misdiagnosing a patient can be a serious problem—especially if the wrong diagnosis results in the patient sustaining injuries, becoming more ill, or dying. A wrong diagnosis can cause doctors to give a patient the wrong medication or treatment. A sick person may have to undergo more serious treatment or surgery if his/her condition worsens because the correct diagnosis wasn’t made in time. A person’s chances of survival could decrease with a misdiagnosis.

Mother Plans $25M Lawsuit After Son Dies From Staph Infection, Fox News, October 30, 2007

Family to sue for $25 million over boy's staph death, CNN.com, October 30, 2007

Understanding MRSA (Methicillin resistant Staphylococcus aureus), WebMD

Related Web Resource:

Methicillin-resistant Staphylococcus aureus (MRSA), CDC

Continue reading "Family of Boy Who Died from Staph Infection To File $25 Wrongful Death Million Lawsuit" »

A 19-year-old Howard University female student is suing Howard University Hospital, the District, and several doctors for medical malpractice and medical negligence. She claims that the University and District were negligent because several doctors at area hospitals committed medical malpractice by refusing to treat her with a rape kit even though she told them she had just been sexually assault.

The student—whose name is being withheld because she is a sexual assault victim—says that GW Hospital refused to treat her because she allegedly appeared intoxicated. In her complaint, the woman claims that she was given a date rape dug while she was at a party located outside the Howard campus. One of the party’s hosts then sodomized her without her consent.

The student immediately went with two witnesses to Howard University Hospital for treatment. They allegedly sent her home without administering the rape kit because she was intoxicated. She tried obtaining a rape kit from the hospital again in the morning and once again they refused to treat her.

The District mandates that all hospitals contact police regarding sex assault claims before administering the rape kit. Howard University Hospital did not contact local authorities.

When the assault victim contacted the Metropolitan Police Department, they also said that they didn’t think she needed a sexual assault kit.

The student then drove to GW Hospital where a doctor examined her but also refused to administer the rape kit because police and Howard University Hospital did not give the kit to her.

The plaintiff says that she was denied the reasonable medical care that she is legally entitled to.

In the lawsuit, GW Hospital is accused of refusing to treat the student because doctors said she seemed intoxicated. The student is suing the University and the hospital for negligent hiring.

She wants compensatory damages. She also wants GW Hospital to modify its rape treatment policies. She says that the hospital staff’s refusal to treat her may have prevented authorities from catching her rape assailant.

A rape kit is used to take semen, tissues, and blood samples to identify the perpetrator.

Doctors, nurses, surgeons, dentists, and other medical staff members are required to provide patients with a reasonable level of medical care that is expected from other medical members in their position. Failure to do so can be grounds for medical malpractice.

Some other common grounds for medical malpractice claims and lawsuits include failure to diagnose, wrongful diagnosis, delayed diagnosis, surgical malpractice, prescription errors, birth injuries caused by negligence, and failure to receive proper patient consent.

GW sued for negligence, malpractice, GWhatchett.com, October 4, 2007

Student Sues Hospitals For Refusing Her A Rape Kit, WUSA9.com, October 23, 2007

Related Web Resources:

Howard University Hospital

George Washington University Hospital

Continue reading "19-Year-Old Student Sues Howard University Hospital, GW Hospital, and Washington D.C. for Medical Malpractice and Negligence" »

Researchers at the University of Pittsburgh Medical Center say that out of close to 500,000 women, nearly half of them were not informed by their doctor that a certain prescription drug could lead to birth defects. Failure to inform them of this potential side effect could have led to patients not taking the proper care to prevent pregnancy while taking the prescription drug.

Common drugs that can lead to birth defects if used during pregnancy include:

• Acne medicines
• Antibiotics
• Sleep aids
• Cholesterol drugs
• Blood thinners

Failure by a medical provider to inform you of certain risks associated with a prescription drug might be grounds for a medical malpractice claim or lawsuit if injuries or death results.

The study was published in the Annals of Internal Medicine. The study’s authors did concede that their method of research might have skewered their discoveries. Data was drawn from insurance company billing records, and it is possible that doctors did not use the proper insurance codes to indicate that they had advised a patient about a medication’s side effect.

The Food & Drug Administration (FDA) classifies drugs according to the risks they pose for causing birth defects. It is possible, however, for a doctor to be too busy to look up a drug’s FDA classification.

Based on the studies’ results, family doctors and internists were more likely to prescribe high-risk drugs to women ages 15-44. Dermatologists, obstetricians, and psychiatrists were not as likely to prescribe high-risk drugs to females of childbearing age.

If a drug prescribed by your doctor proves to be a defective or dangerous drug, and you become ill or your child is born with a birth defect because of the defective medication, the negligent doctor and the pharmaceutical company could be held liable.

Common medical errors that can lead to medical malpractice cases:

• Errors in ordering medications
• Errors in implementing laboratory investigations
• Filing system errors
• Errors in responding to abnormal laboratory test result
• Errors in ordering medications
• Errors in communicating with patients about treatments
• Errors in communicating between care providers in different settings
• Wrong diagnosis
• Delayed diagnosis

Prescription Drug Birth Defect Risks Not Always Known to Women, Newsinferno.com, September 25, 2007

Types of Medical Errors Commonly Reported by Family Physicians, The Robert Graham Center

Related Web Resource:

Medical Malpractice Overview, Justia

Annals of Internal Medicine

Continue reading "Drugs Prescribed by Doctors Can Sometimes Cause Birth Defects" »

Drug manufacturer Cephalon Inc. is reporting that four people died after they improperly used FENTORA, a powerful painkiller. Cephalon says that FENTORA, newly approved by the FDA, is only supposed to be used by cancer patients that are already taking prescription narcotics, such as morphine, for their pain.

According to Cephalon, two of the patients that died were prescribed FENTORA to treat their headaches. One of the victims used more than the recommended dosage. The other person that died committed suicide. None of the victims were being treated for cancer.

Cephalon says that the deaths are not connected to allegations (still under investigation) that the manufacturer improperly promoted FENTORA and other drugs to be used in ways other than what the FDA has approved and included on labels.

Since October 2006, physicians have written approximately 78,000 prescriptions for FENTORA pills. The FDA is watching the situation.

Medical Errors
The U.S. Institute of Medicine says that at least 98,000 people in the United States die every year because of medical mistakes.

Some of these mistakes involve errors related to prescription medicine, such as:

• Issuing a prescription for the wrong dosage amount
• Prescribing the wrong pharmaceutical drug
• Writing down the name illegibly so that the pharmacist misreads the medicine name
• Not finding out a patient’s medical history
• Not finding out whether a patient is allergic to a certain drug
• Prescribing the wrong series of treatment
• Filling a prescription incorrectly with the wrong medicine or the wrong dosage
• Giving a patient someone else’s prescription

Medical errors made by a doctor, nurse, pharmacist, surgeon, medical lab technician, or another health care provider can lead to serious injuries and death. Victims of a medical error should speak to a medical malpractice attorney immediately to find out if they have grounds to file a personal injury or wrongful death lawsuit.

Listed on the FENTORA Web site are key points provided by Cephalon, Inc. regarding use of the drug:

• Do NOT use FENTORA in opioid non-tolerant patients

• Use FENTORA only for labeled indications

• Do not prescribe FENTORA for patients with acute pain, postoperative pain, headache/migraine, or sports injuries

• FENTORA is not a generic version of Actiq. Therefore, do NOT substitute FENTORA for Actiq or other fentanyl-containing products

• Follow dosing instructions carefully:
• For unrelieved breakthrough pain (BTP), patients should NOT take more than
2 FENTORA tablets per BTP episode
• Patients MUST wait at least 4 hours before treating another BTP episode with FENTORA

A medical malpractice case or a personal injury case caused by a pharmacy misfill is not the kind of personal injury case that should be handled without the help of a personal injury lawyer that is experienced in dealing with medical errors, negligence, and carelessness.

Painkiller maker reports 4 deaths of patients, USA Today, September 13, 2007

Related Web Resources:

Cephalon Reinforces Important Prescribing and Dosing Information for Fentora, Cephalon.com, September 13, 2007

Fentora, Fentora.com

Continue reading "Four Patients Die After Improper Use and Prescription of Painkiller Drug FENTORA" »

The Adventist Rehabilitation Hospital of Maryland could lose its Medicare funding. Investigations by the state have found that some of the hospital's patients have not been getting the proper diets ordered by their physicians, and this oversight may have caused their health problems to worsen. One of the hospitals patients, 29-year-old Julian Frazier, died in December from malnutrition.

The Adventist HealthCare system has 77-beds at its facilities in Takoma Park and Rockville. It also has outpatient centers. At Adventist, patients are treated while they recover from spinal cord injuries, strokes, traumatic brain injuries, war injuries, and other conditions.

Adventist called Frazier’s death an isolated incident. Frazier, a high school math teacher, was being treated for organ damage after suffering from pancreatitis. He lost his ability to walk and almost died.

Last November, he was admitted to Adventist after a gastroenterologist decided that he needed more care. He was 75 pounds underweight at the time of his admission and doctors had said that he needed to eat as much as possible or undergo intravenous feeding and other “interventions” otherwise.

According to state inspectors, he does not appear to have been given the prescribed diet at Adventist. He also was supposed to be weighed every week but there are no records to indicate this occurred. Frazier had diarrhea and was vomiting.

A gastroenterologist that examined Frazier on December 5 said that his body was swollen and he had severe malnutrition. His blood pressure started to go down and he started having difficulties with his vision. Frazier died of cardiac arrest.

According to the state report, Frazier was at a “severe and unrelenting risk of starvation” and Adventist did not intervene.

Other patients that reportedly were suffering from malnutrition at Adventist:

• A patient treated with dialysis lost 22 pounds in one week even though Adventist was supposed to be monitoring any weight loss. Investigators say the patient got a more restrictive diet than what the doctor prescribed.

• A diabetic was fed a meal that was high in carbohydrates even though the doctor had ordered that the patient be fed a balanced diet. Too many carbohydrates can raise a diabetic’s blood sugar.

If you are patient at a hospital, rehabilitation facility, nursing home, elder care facility, or any other care facility where you are receiving medical or rehabilitative care, the doctors, nurses, and care providers are legally obligated to provide you with the care that you have been prescribed. They are not allowed to neglect your care and feeding or deny you the medical care that you need. Failure to do so can be grounds for a medical malpractice claim or a wrongful death lawsuit.

Continue reading "Rehabilitation Hospital in Maryland Comes Under Fire After Patient Dies From Malnutrition" »

University Legal Services, Inc., an advocacy group for Washington D.C. children that have developmental disabilities, say that children at Riverside Hospital are in danger of “serious and persistent abuse and neglect.” City mental health officials will now begin to visit the hospital on a weekly basis to monitor the conditions there. Riverside Hospital treats youths up to 21 years of age.

The advocacy group’s report recounts incidents of physical violence (punching, slapping, choking, pushing) and verbal abuse by staff members and the use of physical restraints and seclusion to control patients’ behavior. Not enough supervision allegedly allowed teens to hurt themselves, steal bottles of medicine, and attack other patients. Treatment plans were supposedly not followed and living conditions at the facility were allegedly unsanitary and unhealthy.

Last December, one teen resident died at the hospital. The Department of Mental Health says the female teenager became ill last November and was sent to Georgetown University Hospital where she was placed on a ventilator. She was then taken by air to Inova Fairfax Hospital for cardiac surgery. She died the following month.

The department says that the hospital failed to order basic tests, document the teenager’s vital signs, tell a doctor that her condition was getting worse, or note down that she had a family history of heart disease.

Riverside hospital is a private, for-profit hospital.

When a person is seriously injured while staying at a hospital because of negligence on the part of any staff members, he or she may be eligible to file a personal injury claim or a medical malpractice lawsuit.

Doctors, nurses, and medical staff members are required by law to provide proper care to their patients—medically, emotionally and psychologically. If that care is abused or not properly given, the negligent party could be sued for negligence or malpractice—depending on the type of abuse or neglect that occurred.

Some causes for a personal injury lawsuit can include:

• Nursing home abuse
• Negligence
• Physical abuse
• Verbal abuse
• Neglect
• Sexual abuse
• Rape
• Financial abuse
• Wrongful diagnosis
• Failure to diagnose
• Failure to administer proper care
• Physician error
• Surgical error

Youth Hospital Faulted For Abuse, Washington Post, July 26, 2007

Related Web Resources:

Department of Mental Health, Washington D.C.

Riverside Hospital, Washington D.C., Hospital Data

University Legal Services

Continue reading " Children At Psychiatric Hospital in Washington D.C. Might Be In Danger of Injury and Abuse" »

Last week, a jury found Dr. Emerson R. Julian, Jr., an obstetrician and former city councilman, liable for medical malpractice. He has been ordered to pay $8.1 million to the parents of a baby boy who suffered brain damage during a challenging delivery at Mercy Medical Center in 2003.

Baby Caleb Spence’s shoulders had gotten stuck in his mother’s birth canal—this is known as shoulder dystocia. When this happens, the baby’s breathing can become obstructed and doctors are known to try different techniques to deliver the baby as soon as possible. According to Caleb’s family, Dr. Julian applied an extraction technique that is considered dangerous. Dr. Julian disputes this claim.

Because of Maryland law, however, the damages are limited to just above $2.1 million because of a cap on awards for pain and suffering.

According to the plaintiff’s medical malpractice lawyer, Baby Caleb Spence died one year after his birth due to a respiratory illness connected to his permanent brain damage.

Mercy Medical Center agreed to pay an out-of-court settlement last year, of which the terms are confidential.

Medical malpractice can occur when a doctor or other medical provider neglects to properly care for a patient during treatment or when their treatment causes a patient to grow ill or their condition or injury to become worse. Other incidents of medical practice can include failure to properly diagnose (or delay in diagnosing) an illness, surgical errors, delivery errors, and errors in treatment, prescription, and care.

If you have been a victim of medical practice or someone you love has died because of a medical provider’s error, carelessness, or neglect, it is important that you speak with an experienced medical malpractice lawyer who can evaluate your case for you and file a claim on your behalf.

Who Can Be Held Liable for Medical Malpractice:

• Doctors
• Nurses
• Pharmaceutical companies
• Health care facilities and providers
• Hospitals
• Anesthesiologists

Continue reading "Baltimore Obstetrician Found Liable for Medical Malpractice Is Ordered to Pay $8.1 Million " »

Philip Peters, Jr., from the University of Missouri-Columbia School of Law, says that juries tend to believe doctors more than plaintiffs in medical malpractice cases—contrary to popular belief in the medical communities that juries usually favor plaintiffs.

He says he found that the majority of malpractice suits end in defense verdicts and that the cases with the weakest evidence are usually the ones that go to trial—since cases where there is solid evidence are usually settled beforehand.

He conducted his research to test the assumption that juries did not have the capacity to fairly assess medical malpractice claims. His reports will be published in the Michigan Law Review this May.

Peters examined numerous data, including 8,231 medical malpractice lawsuits filed in New Jersey from 1977-1992 against doctors insured by the now-defunct Medical Inter-Insurance Exchange. Results showed that a plaintiff was more likely to get a favorable verdict if there was a stronger evidence of negligence.

According to Peters, however, juries had a tendency to defer to doctors and were likely to rule in favor of the defendant in cases where the plaintiff’s evidence was weak. He also said jurors occasionally might find doctors credible because of their social status or the fact that they have better attorneys and witnesses. He also said that jurors might be skeptical about a patient that would sue their doctor.

Peters also did conclude, however, that jurors in medical malpractice claims are not incompetent and that favoritism and randomness were not factors affecting the outcome of these cases.

Continue reading "Malpractice Juries Have A Tendency To Vote In Favor Of Doctors, Says Researcher " »

A study published in the Annals of Internal Medicine says that in almost 60% of cases, basic doctor-related errors played a role in incidents where patients were allegedly injured due to delayed or missed diagnosis.

Researches reviewed 307 medical malpractice claims from four U.S.-based malpractice insurance companies:

· 187 of these claims allegedly involved diagnostic errors that ended up harming patients
· Nearly 60% of the claims involved serious injuries
· 30% of the claims resulted in deaths
· All 307 cases involved delayed or missed diagnosis

According to the study, the leading factors that contributed to errors were:

· 79% failures in judgment.
· 59% vigilance or memory failures.
· 48% lack of knowledge.
· 46% patient-related factors.
· 20% handoffs to other doctors.

Researches said that most claims involved several factors, but also involved in the 307 claims were:

· 100 claims involved failure to order appropriate diagnostic tests.
· 81 claims involved failure to establish a plan for appropriate follow-up care.
· 76 claims involved failure to obtain an adequate patient history or perform an adequate physical examination.
· 67 claims involved improper interpretation of diagnostic tests.

Every year, about 200,000 Americans die as a result of medical malpractice or medical negligence. Several hundred thousand Americans are injured due to malpractice or negligence by a doctor, nurse, surgeon, nursing home, chiropractor, and other kinds of healthcare providers.

Common types of medical malpractice cases:

· Delay in diagnosis of a disease
· Delay in recognition of a medical condition that required immediate care
· Surgical errors (for example, laceration of a ureter during an abdominal surgery)
· Leaving inside a patient a foreign body or object (surgical sponge, clamp, retractors, etc.)
· Anesthesia errors
· Administering the wrong prescription medical
· Birth injury or trauma often resulting from a delayed delivery of a newborn that deprives the baby of oxygen, causing brain damage to the infant

The U.S. Department of Justice offers the following statistics related to medical malpractice trials and verdicts in large counties in 2001:

· 90% of medical malpractice trials involved plaintiffs who claimed malpractice had caused death or permanent injury.
· About half of the sampled medical malpractice trials were brought against surgeons, while a third were against nonsurgeons.
· The overall win rate for medical malpractice plaintiffs (27%) was about half of that found among plaintiffs in all tort trials (52%).

The personal injury law firm of Lebowitz and Mzhen has successfully represented many clients in the area of medical malpractice. If you or someone you love has been injured due to a medical malpractice or negligence error in Maryland or Washington D.C., contact Lebowitz and Mzhen for a free consultation.

Study Links Doctor Errors, Bad Diagnoses, Newsday.com, October 2, 2006

Physician Error Factors in Many Medical Malpractice Claims, Study Finds, Kaisernetwork.org, October 4, 2006

Medical Malpractice, Trials and Verdicts in Large Counties, Bureau of Justice Statistics

Related Web Resources:

Annals of Internal Medicine

The Facts About Medical Malpractice In Maryland

Medical Malpractice Today

The family of a Bel Air man who committed suicide after becoming addicted to a prescription painkiller is filing a medical malpractice suit against his doctor.

Ken Jones was addicted to OxyContin when he shot himself in the chest on March 2003. The painkiller was prescribed to him by his doctor who was treating Jones for back pain.

Before committing suicide, Jones, then 48, had written a note saying that his doctor knew he was addicted to OxyContin but continued to increase his prescription dosage.

The medical malpractice suit is being filed against Jones’ doctor and Hartford Memorial Hospital for negligence and breach of care.

Jones’ wife said she reported her husband’s doctor to the Maryland Board of Physicians three years ago but is still awaiting the results of their investigation. The Board says that they are dealing with a backlog of cases.

Currently, there is no system in Maryland to monitor prescription drug abuse. Maryland lawmakers, however, recently passed a measure for funding.

OxyContin is a narcotic that contains a very strong pain reliever that is similar to morphine and is used for treating moderate to severe physical pain. There has been an increase of reported drug abuse cases and deaths related to OxyContin.

Statistics:

Federal Drug Enforcement Administration: OxyContin may have played a role in 464 deaths across the US from 2000 to 2001.

Substance Abuse and Mental Health Service Administration (SAMHSA) Drug Abuse Warning Network says:
- Emergency room mentions of OxyCodone increased 89% between 1993 and 1999
- Recently we have seen an increase of 68% with 10,825 emergency room mentions in 2000

2 Common Signs Of Prescription Drug Addiction:

- Increased tolerance for a drug
- Inability to stop using the drug

Family Lawsuit Claims Malpractice, WBALchannel.com, May 23, 2006

OxyContin Statistics, Narconon of Southern California

Prescription Drug Addiction Symptoms, e-Prescription Drug Addiction.com

Related Web Resources:

OxyContin Q and A, FDA.gov

Prescription Drug Malpractice Errors , Medicalmalpractice.com

There is a new medical malpractice insurer in the state of Maryland called the Maryland Healthcare Providers Insurance Exchange. The Maryland Exchange plans to work with its insured doctors to identify causes of claims and find ways to avoid or mitigate them. The new insurer also wants hospitals and doctors to work together when handling patient safety, risk management, and claims management.

Medical Mutual Liability Insurance Society of Maryland, which insures more than 75% of the private practice physicians announced last summer that it would not be increasing medical malpractice insurance premiums after two years of double-digit increases.

According to Medical Mutual, their payouts in medical malpractice cases had risen from $47 million in 2000 to $93 million in 2003. But 2004 was only at $78.5 million, and 2005 was expected to be similar.

Interesting that they did not reduce rates even though the payouts went down. It is possible that this new entry into the market by Maryland Healthcare Providers Insurance Exchange indicates that there is money to be made from doctors by insurance companies selling medical malpractice insurance.

New Medical Malpractice Insurer in Md. Washington Business Journal, May 1, 2006

Remission On Medical Malpractice Washington Post, August 19, 2005

Continue reading "New Competition for Medical Malpractice Insurance in Maryland" »

Bausch and Lomb has announced a worldwide recall of its ReNu with MoistureLoc contact lens cleaner solution. This recall comes following reports from Asia and the US that most of the contact lens wearers who were infected with a potentially blinding infection called Fusarium keratitis used the solution. Bausch and Lomb is urging MoistureLoc users to switch to its other ReNu brand products. Approximately 5 million people have used MoistureLoc since late 2004.

On April 13, 2006 Bausch and Lomb asked US customers to stop using the product and recalled the product from American stores. The worldwide recall follows this announcement. A number of law firms in the US have filed lawsuits again Bausch & Lomb on behalf of clients who have been diagnosed with Fusarium keratitis after using ReNu with MoistureLoc solution.

Fusarium keratitis is a rare but serious corneal infection caused by Fusarium, a type of fungus. While Fusarium keratitis can be a serious infection, it is a rare disease. Fusarium is commonly found in organic matter such as soil and plants. This infection cannot be transmitted from person to person. People who have trauma to the eye, certain eye diseases, and problems with their immune system may be at increased risk for this type of infection.
Symptoms include blurred vision, unusual redness, eye pain, tearing, discharge, or sensitivity to light. If you experience any of these symptoms, you should return to your optometrist immediately.
The FDA and CDC are advising consumers to take precautions to reduce their risk for Fusarium keratitis through preventive practices for contact lens wearers that include:

· Wash hands with soap and water, and dry (lint-free method) them before handling lenses.
· Wear and replace lenses according to the schedule prescribed by the doctor.
· Follow the specific lens cleaning and storage guidelines from the doctor and the solution manufacturer.
· Keep the contact lens case clean and replace every 3-6 months.
· Remove the lenses and consult your doctor immediately if you experience symptoms such as redness, pain, tearing, increased light sensitivity, blurry vision, discharge, or swelling.

For more information, please visit the FDA’s Contact Lens and Eye Infections page.

Resources on the Web:

Ron Zarrella, Chairman and CEO, Bausch & Lomb statement (pdf)

Centers for Disease Control Fusarium Keratitis Update May 12, 2006

Bausch Extends Lens Solution Recall Worldwide Reuters, May 15, 2006