Our Blog

Pregnant individuals who work in factories may be exposed to toxic chemicals on a daily basis. These chemicals can damage an unborn child. Such was the case for Julie Anderson, a woman who worked at a plant that manufactured paint. Seattle’s online daily newspaper, SeattlePI, reports that Anderson only discovered the damage done to her child years after he was born.

Anderson’s son showed signs of birth defects in his toddler years. Genetic tests later showed that the damage likely came from exposure to solvents during his time in her womb. According to the March of Dimes, “Women who were exposed to solvents on the job during their first trimester of pregnancy were 13 times more likely than unexposed women to have a baby with a major birth defect.”

Anderson filed suit against her employer, AkzoNobel, submitting medical evidence to back up her claim. The court ruled that her evidence was insufficient to pursue her case and dismissed the lawsuit. On appeal, however, the Washington State Supreme Court overturned that dismissal, stating the jury should have a chance to review the evidence, not just a judge.

Changing Rules of Evidence

Previously, courts relied on the “Frye Test,” which required medical opinions to be in keeping with accepted principles within the expert community. Therefore, any opinions contrary to the established belief would be disallowed. The new ruling allows medical testimony as long as the reporting physicians use “scientifically sound” research and evidence. This evidence can oppose the accepted view in the medical community.

AkzoNobel argues that the ruling invites “junk science” into the courtroom because the state has not yet sorted out new guidelines for what constitutes “scientifically sound” evidence. (more…)

Many in Wisconsin are upset over tort reform bills in consideration under a special legislative session that is intended to focus on jobs creation. Why Governor Scott Walker included these bills under jobs creation is difficult to understand. The bills do not create jobs or help the public in any way.

According to the JSOnline, the online publication from Milwaukee’s Journal Sentinel, Sen. Rich Zipperer (R-City of Pewaukee) submitted the bills in question. He proposes that pharmaceutical and manufacturing companies involved in marketing defective medical devices and drugs should be immune from lawsuits as long as the FDA approved the medical products. He also wishes to put a cap on attorney fees.

Those who support the bills, including the American Legislative Exchange Council (ALEC), say consumers can file lawsuits against doctors, drug companies and medical device manufacturers too easily. Opponents see the tort reform bill for what it is – another way for big corporations and insurance companies to evade justice when they injure patients.

Bills Favor Drug and Medical Device Companies, Put Consumers at Risk

One bill includes a proposal that would grant manufacturers of drugs and medical devices immunity from lawsuits when the drug or device in question was approved by the Food and Drug Administration (FDA). The opposition points to the numerous FDA-approved products that have injured and killed patients. Such a law would be recklessly unfair to injured patients, barring them from compensation.

The FDA’s bias towards approving devices and drugs under manufacturer pressure is well documented. The law would remove the only fallback available for patients who suffer from weaknesses in the FDA approval system. (more…)

Cerebral palsy is a blanket term used for many neurological disorders that can be caused by medical malpractice during labor and childbirth. The condition occurs when the brain does not receive enough oxygen during birth. The resulting lifelong nerve damage makes it difficult for sufferers to control movements. Cerebral palsy is the most common motor disability in children, according to the Centers for Disease Control and Prevention. Fortunately, new research shows a potential treatment for the disease.

Causes of Cerebral Palsy

While most cases of cerebral palsy are attributed to defects during fetal development, too many cases result from medical negligence during labor and delivery. A lack of oxygen to the brain caused by a medical mistake during childbirth can permanently damage a child’s life. While cerebral palsy can be caused by actions that were not negligent, some of the most common medical mistakes leading to the condition include a doctor’s failure to:

• Detect or treat infections
• Appropriately monitor the baby and the mother’s heart rates
• Notice a prolapsed umbilical cord
• Properly and efficiently schedule a cesarean section
• Correctly use the vacuum or forceps during delivery

Breakthrough May Help Victims

According to Medicus, an online publication from the Case Western Reserve University School of Medicine, university scientists working with mice have discovered a way to recreate the myelin coating that covers and protects nerves in the body and brain. (more…)

According to a new study, the number of deaths resulting from prescription narcotic overdose is now higher than traffic fatalities. The United States Centers for Disease Control and Prevention states that, in 2009, at least 37,485 people died from drug overdose compared to 36,284 fatal traffic accidents. The L.A. Times discussed this growing problem in a recent article.

Patient Dependence on Prescription Drugs

Experts and physicians have seen an increased dependence on prescription drug use, particularly pain and anxiety medications. These products are extremely potent and addictive, and they can prove fatal if combined incorrectly with other pharmaceuticals or alcohol.

The Centers for Disease Control (CDC) reports that the most commonly abused drugs include Soma, Vicodin, OxyContin and Xanax. In fact, a relatively new opioid painkiller known as Fentanyl is taking the nation by storm; it is 100 times stronger than morphine and comes in both lollipop and patch form. This group of legal opioids causes more deaths than both cocaine and heroin combined.

There is no single demographic affected; teenagers find medications in their parents’ medicine cabinets and pop the pills to get a high similar to heroin. Adult men and women suffering from chronic pain, bad knees and strained backs take painkillers to ease their symptoms, but often find themselves addicted to the drugs.

Doctors Contribute to Drug Dependence Problems

Many attribute the epidemic to well-meaning doctors, people who saw patients in pain and attempted to make their lives easier by prescribing pharmaceuticals. (more…)

In a 2007 survey from Consumer Reports, an estimated four out of five Americans said they believed drug manufacturers have too much influence over the Food and Drug Administration (FDA), and 84 percent believe that ads for prescription drugs with known safety threats should be banned. In the survey, 96 percent of those surveyed thought the United States government should require all drugs with known safety concerns to print thorough warning labels, which does not always happen.

A more recent 2010 study from the organization showed that consumers are also concerned about the influence of drug companies over their doctors. According to the report, “A whopping 81 percent said they are concerned about the rewards drugmakers give to doctors who write a lot of prescriptions for a company’s drugs. And 72 percent were displeased with payments pharmaceutical companies give to doctors for testimonials or for serving as a company spokesperson for a given drug.”

Drug Company Influence over Public Protectors

Indeed, Americans have cause for worry. The FDA receives a payment for every approval a drug company requests. With much of its funding coming from the pharmaceutical industry, it is easy to see why drug companies get away with marketing unsafe drugs.

The FDA has no power to force safety labeling. The agency must instead negotiate with drug companies to find warnings the companies find acceptable. The agency relies on drug-company funded studies to make its decisions and only performs independent studies once patients become ill or die because of an approved drug.

The public relies on the FDA to regulate drugs, doctors to prescribe only the medications we truly need and on attorneys to prosecute drug companies that abuse those protections. Now drug company influence appears to be affecting all three of these public protectors.

The New York Times reports that long time champion against drug company influence, Michael K. Loucks, now practices as a corporate advocate for drug companies (more…)

In Lake Worth, Florida, Jennifer English underwent lumbar spinal surgery with Medtronic, Inc.’s Infuse Bone Graft. After the surgery, English developed uncontainable bone growth in her spine that, in turn, began to compress her nerves and cause severe and ongoing pain. Even though the FDA had not approved the device for English’s surgery, the company marketed its product to her for the spinal surgery.

Medtronic Markets Product for Unapproved Uses

In a press release, English asserted that Medtronic did not accurately represent the pitfalls and benefits of their product and marketed the device improperly for uses not approved by the FDA. According to English’s attorney, when the device is used for certain surgeries, it can cause bones to grow out of control, leading to chronic pain. Patients must then undergo revision surgeries to correct the damage and remove the extra bone growth.

A record-breaking $58.6 million was recently awarded to the family of an eight-year-old boy who suffered severe brain damage during birth because of a negligent doctor at Stamford Hospital.

The award is the highest ever paid for a single cause of medical malpractice in the state of Connecticut. According to The Hartford Courant’s Courant.com, the doctor waited too long to perform a Cesarean section, causing the boy’s condition. The boy now suffers from cerebral palsy and permanent brain damage. He cannot walk, eat or talk. He uses a wheelchair, has to eat through a tube and is incontinent.

Family Struggles to Conceive Only to Suffer Birth Injury

The D’Attilo family struggled to have a child. While her husband Domenic had a daughter from a previous marriage, Cathy D’Atillo desperately wanted a child. Cathy underwent in-vitro fertilization to conceive her son Daniel. The couple was overjoyed to finally be pregnant after six years of trying. On February 2, 2003, the family was at Stamford Hospital, anxiously awaiting their son’s arrival into the world.

Sadly, D’Attilo’s labor ran into complications. (more…)