Virginia Brain Injury Lawyer, Medical Malpractice & Personal Injury Lawyer – Stephen M. Smith – Brain Injury Law Center

Call us Today: (877) 840-3491

Archive for November, 2011

Merck Pays $950 Million in Penalties and Fines

Wednesday, November 30th, 2011

The Wall Street Journal recently reported that pharmaceutical giant Merck will enter a guilty plea to charges of illegally promoting Vioxx, a pain reliever and anti-inflammatory drug. The company will pay $950 million in fines and penalties to the US government and individual states. The case is yet another example of pharmaceutical companies gaming the system, hoping they will never be caught.

Forbes reported on the settlement as well, noting Merck’s response that the civil area of the settlement does not include any admission of wrongdoing or liability on the company’s part.

Improper Branding of Vioxx

The plea was connected to Merck’s promotion of Vioxx for rheumatoid arthritis from 1999 to 2002. The settlement also covers Merck’s fraudulent statements to Medicaid regarding the cardiovascular safety of Vioxx. The plea agreement outlines payments of $321,636,000 in criminal fines for those illegal activities. Merck will pay $628,364,000 for improper marketing of the drug and the balance of $201,975,000 will go to the various Medicaid states affects by Merck’s improper actions.

The criminal portion of the plea involves improper branding of the prescription drug Vioxx. (more…)

Posted in Uncategorized | No Comments »

Saga of the Sago Mine and Other Disasters

Tuesday, November 29th, 2011

Coal mining is one of the most dangerous jobs in America. Even mining for metal is safer than coal mining because coal is an explosive material. Because of the explosive properties in coal, there are safety regulations to keep coal miners safe. Unfortunately, employers do not always follow these rules, resulting in coalmining disasters and the tragic deaths of workers.

Worse, coal-mining companies often focus on ways to locate trapped miners after a collapse, rather than investing in the more expensive procedures and equipment needed to prevent them in the first place.

The Disregard of Safety Regulations

The safety directors employed by these companies are fully aware of the risks involved, yet have done little to improve the safety of miners, and in some cases, even lied when questioned by federal regulators. A New York Times article points out such an example. The safety director employed at the Upper Big Branch Mine in West Virginia has been convicted of lying to federal regulatory investigators. He ordered the destruction of records of hazardous conditions at the mine. This mine is the site where 29 miners were killed in 2010. Massey Energy, owners of the mine, refused to do anything about the hazardous conditions. They only seemed interested in boosting their profits instead of ensuring the safety of the miners.

Safety Precautions Would Have Saved Lives

Nearly six years after a Sago mining accident in West Virginia, the Charleston Gazette reports that the remaining lawsuits filed by the families of those who were wrongfully killed in the explosion have been resolved. (more…)

Posted in Uncategorized | No Comments »

Misdiagnosis of Neck Injury Causes Permanent Disability

Saturday, November 26th, 2011

Louis Prager sustained serious injury in a vehicle rollover accident on December 9, 2008. The emergency medical technicians who arrived at the scene placed a neck brace around his neck and immobilized Mr. Prager on a backboard. Mr. Prager was then rushed by ambulance to Campbell County Memorial Hospital. Mr. Prager’s lack of adequate care soon translated to tragedy. His story was chronicled in an Associated Press report.

Emergency Room Visit

Mr. Prager was rolled into the emergency room on a backboard wearing a neck brace. The emergency room staff was informed that he had been involved in a rollover vehicle accident and that his chief complaint was neck pain. However, the attending physician, Dr. Cullison, did not perform a physical exam or request x-rays of Mr. Prager’s neck. Dr. Cullison did, however, order x-rays for his back and head. The doctor assured Mr. Prager that he did not sustain any broken bones, and released him from Campbell County Memorial Hospital.

Four days after the accident, Mr. Prager returned to Campbell County Memorial Hospital because he had lost the use of his left shoulder and arm. During his examination, it was discovered that he had sustained multiple spine fractures and a broken neck. Mr. Prager required emergency neck surgery. Because Dr. Cullison had failed to properly examine and diagnose Mr. Prager’s injuries at the time of the accident, Mr. Prager suffered permanent damage.

Signs and Symptoms of Spinal Cord Injury

According to the Mayo Clinic, several signs and symptoms indicate the possibility of a broken neck or a spinal cord injury: (more…)

Posted in Uncategorized | No Comments »

Medical Malpractice in Labor and Delivery

Thursday, November 24th, 2011

Giving birth to a child in a hospital setting is usually a happy occasion. Relatives and friends visit to share the joy of a new baby’s arrival into the world. For Kimberly VanSlembrouck, however, things did not turn out this way. Her daughter, Markell, was born in a Michigan hospital with severe birth injuries due to the doctor’s negligence. Kimberly was in labor for 40 hours, and though the doctor should have performed a cesarean section, he did not. Instead, the doctor forced Kimberly’s baby through her birth canal. Markell was born with a fractured clavicle, hemorrhaging and severe brain damage. When questioned, the doctor insisted genetics were responsible for Markell’s physical condition. A jury, however, disagreed with the doctor. The Detroit News reports that in a lawsuit filed against the doctor and the hospital, a jury awarded Kimberly VanSlembrouck $144 million.

Inattentiveness to Distress Signals

Sometimes the labor-inducing drug Pitocin is administered to pregnant women. Pitocin is often used in conjunction with an epidural anesthesia to counteract the slowdown of labor caused by the anesthesia. Although Pitocin is usually safe and effective with careful monitoring, its most common side effect is an interrupted oxygen supply to the baby.

In an unrelated Illinois case, a mother was given Pitocin to induce labor. The hospital staff failed to respond to the baby’s distress due to lack of oxygen, and this inaction caused a brain injury. The mother filed a medical negligence lawsuit against the hospital. NBC News reports that the family and hospital reached a settlement agreement of $6.5 million.

In a similar Canadian case, the Vancouver Sun reports on the parents of a baby who suffered severe brain injury in an Alberta hospital. The parents filed a lawsuit against the hospital, doctors and several of the nurses. After 40 hours of labor, Rebecka May gave birth to a baby boy whose umbilical cord was wrapped around his neck. The baby had a serious brain injury and later died. The nurses failed to inform the physician of the baby’s distress, and the physician failed to perform a cesarean section even though the emergency surgery was needed to save the baby from injury.

Victims of Medical Malpractice: A Course of Action
Doctors and hospitals are trusted to take the utmost care with babies born each day. When medical professionals abuse that trust by causing harm to babies and their families, they should be held accountable. (more…)

Posted in Uncategorized | No Comments »

Trucker Speeding Leads to Environmental Damage

Wednesday, November 23rd, 2011

While tanker trucks that supply oil and other types of fuel are vital parts of our economy, many of these vehicles are driven carelessly, causing thousands, sometimes millions, of dollars in damage when they are involved in accidents. Homeowners, local businesses and other residents may be severely affected when a tanker truck overturns or leaks its contents. Luckily, those whose lives are changed as the result of truckers speeding may be entitled to seek compensation.

Truckers Cause Environmental Hazards

Last month in Gateway, Colorado, local news reported on crews racing against time to clean up and contain a significant oil spill. A trucker, said to have been transporting roughly 10,000 gallons of crude oil, crashed north of the town. Officials said that the driver was speeding when he attempting to drive around a corner and lost control. The driver suffered minor injuries because of the accident and was admitted to a local hospital for care.

There was little time to react as crews scrambled to contain the spill. After viewing the accident, workers reported that 3,500 gallons had been spilled. A nearby creek was at risk, and seeping oil ran less than 100 yards from the water. Crews made an effort to contain the material by blocking the stream. (more…)

Posted in Uncategorized | No Comments »