Cancer Patient Misdiagnosed with Asthma

When it comes to health, consumers generally trust that doctors diagnose and treat them accurately.  When a doctor tells you that you've got asthma, something simple, you tend to believe it.  Why would you suspect it to be more?

One woman in Brooklyn had a persistent cough.  Her doctor treated her for over a year for asthma.  However, it was later discovered that she really had lung cancer.  This Brooklyn woman was devastated to learn that her doctor misdiagnosed her with a common ailment instead of a life threatening disease.  

It doesn't seem very fair, but this same woman is the primary caregiver to a child with special needs.  She may not live long enough to see her daughter grow up.  And this is due in part to the negligence of the doctor.  Because of this negligence, a NY court awarded her $625,000 in compensation although her attorneys believe she would have received more had she filed in a court out of state. 

How Doctors' Errors Could Endanger Your Health

Consumers have a reasonable belief that the doctor treating them can competently take their symptoms and diagnose them with an ailment.  They also reasonably believe that a doctor knows how to care for their conditions.  When it comes to light that a doctor may have misdiagnosed a patient, the community is shocked and confidence in that doctor, that hospital, and the medical profession, wanes. 

Yearly, there are thousands of incidents which are generally attributed to doctor negligence. This includes misdiagnosis, surgical errors, treatment errors, and more.  These incidents could severely endanger a patient's health and cause injury, including:

• allergic reactions
• interior organ damage
• tissue damage
• paralysis
• amputation
• death

Depending upon the error, a patient could be at serious risk for a life altering event, including death.  In this case, it's extremely likely that the amount awarded was extremely low considering her limited time left because of the failure to adequately treat her cancer.  If you have similarly experienced negative consequences as the result of a surgeon's error or misdiagnosis, you should call a skilled personal injury attorney for help. 

Glass Shards in TV Dinners Cause Recall

If you're like me, some days you just don't feel like cooking.  But when you reach for those tv dinners to reheat, did you know you could be at risk for swallowing glass or other harmful substances?  Before you swallow a hunk of glass and injure yourself, read the facts about the recent Lean Cuisine recall. 

The U.S. Food and Drug Administration (FDA) announced today that Lean Cuisine is recalling one of its popular tv dinners over fear that there may be glass shards in the dinner.  Only applicable to the Lean Cuisine Culinary Collection Mushroom Mezzaluna Ravioli that expires in December 2013, lots numbered 2311587812 or 2312587812, consumers are at relatively low risk for swallowing hunks of glass. But to ensure complete safety, the company has issued a recall in conjunction with the FDA to enforce safety standards.

The Danger of Glass Shards in Food

When consumers bite down into their food, glass shards could present a serious hazard for injury.  These shards may appear to be small and therefore unobtrusive, but to swallow and digest glass, a person could seriously injure themselves.  This could include the following:

• cutting their throat
• perforating the lining of their stomach or intestines
• internal bleeding
• internal organ damage
• pain and swelling
• infection
• death

If a consumer swallows glass, this could cause serious injuries.  Consumers are advised to inspect their Lean Cuisine Culinary Collection Mushroom Mezzaluna Ravioli dinners to ensure that they are not included in the recalled lots.  If consumers find these recalled lots in their freezer, they should immediately return them to the supermarket explaining that they'd like a refund for the recalled item.  Or consumers should throw it out.  Consumers are advised against eating a product which may contain shards of glass for fear of injury.  

If you have been injured consuming products which contain shards of glass, you may be entitled to compensation for your injuries. You should contact a skilled product liability and personal injury attorney today.  Your injuries could be severe and a skilled attorney could help you to collect the money you need to move on with your life.

FL School Shooting Raises Questions of Acceptable Violence and Injury

It used to be that schools were considered some of the safest places, facilities where parents sent their children to learn.  These days, it appears schools are turning into the wild wild west.  After violent school shootings and mass injuries and deaths have ripped through the American consciousness, more violence has happened.  At Florida's Atlantic University, the police have shot and wounded a homeless man who was on the roof of a building and brandishing a knife.

Are Students at Risk of Injury from Violence at School

What's shocking about this police shooting is that it appears to come at the apex to some difficult debates raging in America.  On the one hand, mental health advocates are insisting upon health care options for the mentally ill who are accused of committing the crimes that have injured so many students and teachers. On another hand, debates rage across the country on how best to stop violence in the schools that injure staff and students.  And in various regions, debates on police brutality rage on.  

It seems that in response to a homeless man flailing about with a knife on the roof of a building, shooting the man might have been a bit egregious.  Police are quick to point out that the research facility was on an end of campus that was pretty isolated. They further assert that there was zero danger of injury to staff or students.  If this is so, why did the police shoot the homeless man? Couldn't they have tased him instead to subdue him? Why did they have to injure the homeless man with a bullet wound to subdue him? 

Perhaps what's telling is the apparent overzealous response to potential violence on campus.  The climate around violence on school campuses is super charged, electric.  The thought of parading more injured school children and staff on television is too much for law enforcement to bear.  But did the homeless man with a knife deserve to be shot and injured?

These violent actions are a concern for community members across the nation. As these violent outbursts seem to increase, the answers remain few and the questions grow larger and more numerous.  While we cannot say for certain the causes behind this violent behavior, we can control our responses.  This shooting appeared excessive on many levels and could have injured children.  If you or your loved one suffers an injury on campus, you should immediately call a skilled personal injury attorney to obtain help.

Health Dept Finds Only 4 of 40 Massachusetts Compounding Pharmacies Pass Safety Inspections

When the fungal meningitis outbreak occurred as a result of contamination in a compounding pharmacy, the fallout left health officials scrambling to exert more power over these organizations.  In the wake of this outbreak, the pressure has been on compounding pharmacies to live up to the same standards that pharmacies currently need to meet in order to do business.  Massachusetts Department of Public Health has begun a series of surprise health inspections and the results are out.  Only 4 of the 40 compounding pharmacies inspected passed their inspections.  Could that place patients at severe risk of illness if they're using medications from these compounding pharmacies?

The Danger for Injury to Consumers

After the fungal meningitis crisis sickened over 700 people and killed approximately 45 people, increased attention was focused upon whether or not these compounding facilities were following the rules of sterile facilities.  This recent report by the Massachusetts Department of Health confirms suspicions- that after years of not being forced to conform to recognized safety guidelines, these compounding facilities largely aren't.  Should these facilities produce medications in unsterile environments, a number of injuries could happen, including:

• bacteria infections
• exotic diseases
• mass sickness
• loss of limbs
• swelling in the brain
• stroke, heart attack
• paralysis
• death

Depending upon the compounding pharmacies' conditions, consumers could face exotic infections and diseases which could cause them to lose limbs, suffer swelling in the brain, and even die.  Sterile conditions are extremely important when it comes to manufacturing drugs and should be enforced at all times. 

If you buy your medications from a compounding pharmacy and have fallen ill, you should seek immediate medical help.  You should also call a skilled personal injury attorney to help you gain the compensation you need. 

Hope for Brain Injuries

Following a car accident, a brain injury, and especially a traumatic brain injury, can seem like a grim sentence.  How does one put their life back together when they have limited use of their body as a result of a brain injury? Or how do you go on with your life with diminished brain capacity?  Brain injuries like this can be extremely frightening, but there is hope.

One center, Brain Rehabilitation and Injury Network in Cypress, Ca, seeks to reach out to patients with brain injuries to help them to move on and live a more normal life.  One such service the network offers is a cooking class with Colt, a man who has similarly suffered a tragic brain injury.

Colt suffered a car accident, a former high school athlete whose traumatic accident caused his sports trophy to fly into the back of his head, causing a severe brain injury.  Colt has only limited use of the left side of his body as a result.  But cooking with others who have similarly been injured has been some of the best rehabilitation that Colt has ever experienced.

Brain Injuries Can Be Tragic Consequences of an Accident

The reality is that your brain is shielded by very little in your skull. In a severe car accident, there is significant risk that your brain could get knocked around inside your skull.  When this happens, your brain could be injured severely. In such instances, brain injuries could cause a number of consequences including:

• diminished motor skills
• difficulty speaking
• loss of memory
• loss of use of an entire side of your body
• inability to regulate body temperature, to hold one's bowels, etc...
• loss of sense of touch, taste, smell
• difficulty breathing 
• difficulty understanding language
• loss of awareness of big picture/ visionary thinking
• impaired cognitive functions

Brain injuries can be quite severe and living with a brain injury could mean years of potential medical care.  Over time, these costs could add up. If you've suffered a brain injury, you should call a skilled personal injury attorney today in order to gain the compensation you need to pay your medical bills and put your life back together.

New Study Claims Obesity Causes More Deadly Injuries in Car Accidents

It's hard to ignore that America has a rising obesity epidemic.  Every time you turn around, the news media is proclaiming America obese.  Traditionally, these news outlets list a number of diseases that consumers are likely to develop as a result of this obesity.  But did you know that obese people are also at a higher risk of fatal car accidents and serious injuries?

According to a recent study published in the BMJ Group's Emergency Medicine Journal, obese people are much more likely to die in car accidents than their counterparts of normal weight.  In the study, researchers compared date from 57,491 accidents reported between 1996 and 2008, noticing that obesity was a common factor for deadly injuries.

How Obesity Endangers Your Life in an Accident

Approximately 1 in 3 adults and 1 in 5 children are obese in America.  This is according to the  World Health Organization's standard of a body mass index of 30.  In car accidents, a person's weight and body mass became extremely important because it determined in part how safety equipment fit on consumers' bodies and how their bodies reacted in a car accident. Obese people's bodies sustained more serious and deadly injuries than people of normal size.  The study concluded the following:

• obese people's lower bodies were propelled further in auto accidents, increasing the risk of severe injuries
• obese people's pelvises thrust lower into seatbelts, increasing the risk of serious injuries
• obese people's seat belts fit less snugly than people of smaller size
• obese people often use seat belts incorrectly because they are not comfortable to wear, increasing the risk of serious injuries

Seat belts have been proven to save lives.  When they are used incorrectly or they cannot function properly due to a consumer's size, this safety equipment may be of little use in preventing consumer injury. 

If you have been injured in a car accident, you should not only seek out skilled medical attention, but you should also call an experienced personal injury attorney.  You may be entitled to compensation for your injuries.  Find out today by calling a skilled personal injury attorney.

New Study Suggests Americans at Higher Rate for Injury, Death Due to Lifestyle

Americans live in a society where food and healthcare are readily available.  But would it surprise you to learn that didn't mean Americans were necessarily any healthier than people in other countries?  A new study from the National Research Council and Institute of Medicine asserts Americans are less healthy than 16 other nations, including Japan, Canada, Australia, Britain, France, Portugal, Italy and Germany.  

Researchers identified multiple areas where Americans' health was remarkably poorer at almost every age.  According to the report, we have higher rates of infant mortality, die younger from diabetes and heart disease, are more likely to be murdered or die from a gun, and do poorer in areas such as AIDS, drug abuse, obesity, lung disease, and disabilities.  

What Our Poor Health Means

Poor health can translate to a variety of different outcomes from mortality rates to budget problems.  Healthcare spending is at an all time high, with approximately $8,600 spent per person per year in America.  Yet despite these figures, we are no healthier nor are we any safer from accidents, disease, or disorders. 

In the study, researchers identified:

• Americans are 7 times more likely to be murdered than peers in other countries
• Americans are 20 times more likely to be killed by a gun
• Americans have higher infant mortality rates with 32.7 deaths per 100,000 people compared with peers in other countries with half that rate
• American men live the shortest lives than their counterparts, only living 75.6 years on average
• American women live to be 81 on average, shorter than their counterparts in other countries

What's surprising is that we don't face all of these issues as widespread health issues.  Rarely will you hear of accidents and fatalities associated with crime being lumped in with healthcare. 

Ways to Improve Our Health

Researchers feel that Americans need to get serious about their health.  This includes eating healthier, exercising more, and shifting cultural norms so we are safer from violent crime and accidents.  It seems like a nearly impossible feat when you lump it all together.  How would something like this be accomplished?  If you're looking for advice and help towards living a healthier life, you should ask your doctor for recommendations on lifestyle adjustments.  If you're concerned about an injury sustained in an accident, you should contact a personal injury lawyer to help you and to help send a message that we as Americans need to take our safety more seriously. 

Family of Teen Who Overdosed at Rave Wins $190K

In 2010, the large commercial rave, Electric Daisy Carnival was held at the Coliseum in downtown Los Angeles across the street from the University of Southern California, and miles away from local hospitals.  At the rave, which attracted over 150,000 attendees, a 15 year old girl died of an ecstasy overdose.  That child was Sasha Rodriguez, a teenager who snuck out of her house to attend the wild rave.  

At the rave, there were thousands of people, many of whom were not only indulging in illicit drugs, but also selling these drugs to teenagers.  The event was supposed to be 16 and over, but Sasha was not carded and was let into the event with her ticket in hand. According to her grieving family, they feel the venue and the concert promoters should have known their daughter was at risk for injury and should have taken steps to protect her.  Instead, their daughter overdosed on an illicit narcotic and died at a hospital nearby.

In a lawsuit against the venue and the promoter, the family obtained a judgment of $190,000 for their daughter's tragic death.  The promoters and venue are understandably upset, but still claim they are not responsible, according to an article in the Los Angeles Times. With this judgment, it begs the question, are these venues and promoters responsible for the health and welfare of their attendees? And will they continue to be held liable for concertgoers' injuries at these events? 

Are Raves Dangerous to the Public

According to members of the Los Angeles Police Department, local doctors, and even members of federal regulation bureaus, these raves are hotbeds for illicit drugs.  As a member of the Centers for Disease Control and Prevention observed while tagging along with paramedics that day, many of the festival attendees' eyes were as big as "dinner plates," signalling that they had ingested ecstasy, an illegal narcotic made of mdma. As a nearby doctor observed, their emergency room had filled with teenagers in skimpy outfits who were tragically ill and could soon find themselves brain dead from the drug. 

 At this rave, thousands of people were listening to music and partying.  And a portion of the crowd was also doing illicit drugs.  You could argue that this 15 year old was in danger of injury from:

• drug pushers
• grabby boys
• violence that had broken out 
• ingesting spiked drinks
• being trampled by the crowd in the initial push to get in

This rave was wildly condemned in the media for a multitude of undesirable behaviors.  This included popular YouTube videos showing kids nearly trampled to death trying to get in the front gate.  Bloody teenagers were being pulled off the ground by security guards. This also included condemnations of rampant drug use by authorities and parents alike.  

Are Venues Liable for Your Injuries

In this lawsuit, the venue and promoters were found liable for the teenager's death.  Could this establish a pattern where venues and promoters might similarly be held liable for concertgoers' injuries? If you have been injured at a rave or a concert, you should seek out the help of a skilled personal injury attorney to determine whether or not you might be eligible for compensation for those injuries. 

Bizarre Train Death Poses Question Whether We Need Barriers Between Trains

New York has had some bizarre accidents and attacks, but a recent incident is causing people to shake their heads in awe.  Apparently, a woman rose from a bench in the subway system to shove a man walking by onto the train tracks.  The man was of course pinned beneath the train and died.

But without a woman to question, there is only speculation.  Was this on purpose? Was this the act of a deranged or mentally ill woman?  There are just no answers to explain what happened.

As leaders debate whether this can be traced to policy changes which emptied out psychiatric wards onto the streets, it's clear that something needs to be done to create a barrier between the trains and people on the platforms.  According to the Washington Post, there are many individuals who find themselves on train tracks every year due to accidents like losing balance and falling.

Should there be a barrier between the train and the platform?

Millions of people use the New York subway system on a yearly basis without incident.  But to the unlucky few who have an accident and fall onto those tracks, a barrier of some sort may be the thing to save their lives.  Imagine if there were a rising concrete wall that separated the platform and the tracks below.  Small children, elderly, those of us who don't have good balance could all rest a little easier knowing there was something there to catch us and prevent us from hurling over the edge and onto the tracks.

Train deaths are excruciating.  Not only do people get pinned beneath tons of metal, they are burned, mangled, and mauled.  The stress to the body is immense. If these kinds of accidents are preventable, shouldn't the City at least try?

Accidents are unfortunately an unavoidable fact of life.  If you have suffered an accident, you should consult a skilled personal injury attorney to determine whether or not you can collect compensation for your injuries.

Honda Announces Major Recall of US Vehicles

The folks over at Honda have been busy. Last October, they issued a massive recall of over half a million Honda Accords due to concerns over fire risks in engines.  Now, Honda has announced another massive recall wherein they plan to recall over 871,000 vehicles for a potential parking security defect.  According to Honda, there's a potential that when people place the car in park, it may still roll away.

To Honda's credit, they have responded with quick recalls after only 2 minor reports of injuries associated with these potential car defects.  But does this kind of response indicate prior knowledge of the problems?  Or is it indicative of a car company who is consumer focused despite what will be a hefty price tag for the car maker? 

Recall Details- Affected Vehicles

Honda is recalling nearly a million cars world wide.  This includes:

• 347,244 Honda Odysseys
• 276,850 Honda Passports (years 2003-2004)
• 247,179 Acura MDX's (years 2003-2006)

According to the car maker, 807,000 of these vehicles are located in the United States and the rest are located in Canada.  Car owners are encouraged to call their dealership for more information about the recall and to see if their vehicle is included in the recall list. 

Based upon the car maker's investigation, this issue could be potentially serious.  Honda released information which stated when the car's transmission wasn't in park, the interlock device could become worn enough where the key could be removed. Therefore, if the transmission was not parked and the driver had not put up the parking break, the vehicle could potentially roll into the street and cause a car crash. 

If You've Been Injured and Need Legal Info

In a country with strict product liability laws, these recalls seem prudent.  In the United States, our product liability laws allow for unlimited liability damages whereas many Asian countries like China and Japan have strict liability laws limiting the amount of compensation an injured victim may receive.

If you've been injured by this potential defect, call a skilled personal injury and product liability attorney.  An experienced lawyer can help you to determine whether or not you have a case and what you might be able to expect from your lawsuit.  

FDA Issues Black Box Warning on Hepatitis C Drug Over Deadly Skin Rashes

The FDA has issued another warning and this one's a doozy.  Apparently, fatal skin rashes have been linked to a popular Hepatitis C drug, called Incivek, made by Vertex Pharmaceuticals. The FDA has issued a "black box warning" on the drug, warning that the medication could potentially be fatal to patients.

This drug had fallen out of favor by doctors because they anticipated newer drugs coming to market.  Additionally, since its approval in 2011, skin rashes have been a persistent problem in patients.  However, the FDA warning has struck a major blow against Vertex Pharmaceutical's Hepatitis C program. 

How Incivek Worked

Incivek was originally approved as a Hepatitis C drug to use in conjunction with an older intravenous drug to treat patients' liver.  When patients develop Hepatitis C, the infection attacks their liver, eventually causing cancer in many cases. The most serious of all strains of Hepatitis, Hepatitis C could literally take decades to show up and rapidly kill patients. 

Incivek was developed in order to be used in combination therapy.  Used in conjunction with such drugs as peginterferon alfa and ribavirin, Incivek was a "direct acting antiviral" which targeted the Hepatitis C virus directly.  In combination, the drugs were intended to eradicate the virus before it multiplied and destroyed the patient's liver.

The Danger of Incivek

Two patients in Japan recently developed toxic epidermal necrolysis, which was a fatal rash.  Having been inundated with reports of skin rashes since its FDA approval, the FDA took these reports seriously and issued a black box warning to patients still using the medication. 

Patients using Incivek are encouraged to talk to their doctors and to seek medical attention if they develop skin rashes.  Should symptoms progress seriously, patients are also encouraged to seek the advice of a skilled product liability attorney to preserve their rights.  

Actos Bladder Cancer Litigation Underway to Offer Patients Relief

Actos litigation is well underway. Federal Judge Rebecca Doherty has consolidated In Re: Actos (Pioglitazone) Products Liability Litigation into multidistrict litigation, which currently has over a thousand plaintiffs suing Takeda Pharmaceuticals and its subsidiaries.  Patients across the United States have filed suit in order to obtain expedited relief. 

At the heart of these lawsuits is a claim that plaintiffs were not alerted to the health risks inherent to taking Actos until too late.  Plaintiffs have asserted that the pharmaceutical giant knew or should have known of the dangers this drug posed to their health.  Many of these patients were shocked to develop life altering conditions after taking their medication, such as bladder cancer. 

What is Actos

Actos is a prescribed daily medication for diabetes type 2.  In conjunction with diet and exercise, Actos is intended to control the insulin resistance by raising the patient's sensitivity to insulin.  

Actos (pioglitazone) accounts for approximately 20% of the diabetes medication prescribed today.  Made by Takeda Pharmaceuticals and distributed by Eli Lilly, this drug has enjoyed massive distribution.  Approved in 1999, Actos accounts for over $5 billion in reported sales per year.  

The Alleged Problem with Actos

Actos was sold as the answer to Avandia, a drug which previously carried significant risks of heart attack.  The problem was that these "safer" claims did not appear to be consistent according to various research studies.  

In 1998, Kaiser Permanente began studying the effects of Actos, believing the statistical data in Actos' clinical trials did not tell the entire story of potential outcomes.  After 10 years, Kaiser published this study, concluding patients taking Actos had a 40% increased risk of developing bladder cancer.

This came as quite a shock to patients, who were already at increased risk of bladder cancer.  High risk patients were advised by the FDA to discuss alternative options with their doctors. 

If You Have Been Harmed

Actos litigation is still active.  If you have taken your Actos medication as prescribed and have later developed bladder cancer, heart failure, or suspicious bone fractures, you may be entitled to compensation for your injuries.  Patients suffering are encouraged to consult a skilled product liability and personal injury attorney to obtain the relief they need.

Researchers Find Acute Kidney Disease On the Rise Due to Medications, Surgery

It seems kidney disease is in the media more these days.  According to researchers, acute kidney disease is under-researched.  A new study published in the Journal of Nephrology states acute kidney disease is responsible for approximately 39,000 deaths in 2009 alone.  Over the span of 9 years, researchers tracked the number of cases of acute kidney disease, as it grew from 18,000 to 39,000.  As a result, researchers estimated that 10% more patients required dialysis every year.

Acute kidney disease differs from other forms of kidney disease because it is a sudden and rapid decline of the kidneys.  This can occur after an infection that may or may not be detected, major surgery, or from the interaction with different kinds of medications.  To date, researchers still do not have a good grasp of the reasons why kidneys fail so suddenly and why this is increasing.

Possible Links to Sudden Kidney Failure

Acute kidney disease is marked by a sudden and rapid decline in kidney functions.  This could be the result of various outside influences, many of which may be linked to existing health conditions and the treatment of these conditions. Among the likely suspects are:

• Sudden kidney blockages caused by kidney stones
• Antibiotics
• Pain medicines such as aspirin
• ACE inhibitors
• Dyes used in various common xray tests
• Obesity
• Diabetes
• Liver disease
• Heart surgery or bone marrow surgery

Researchers are calling for more intense investigations into acute kidney disease to better understand the differences between acute kidney disease and chronic kidney disease, or so called end- stage kidney disease.

Symptoms of Kidney Disease

Acute kidney disease comes about rapidly.  Yesterday you may have functioned normally, but for some reason today you could be dying.  In my own experience, my grandfather died this way. The symptoms can be hard to spot, but they are important to try and catch early:

• Lack of urine when you urinate
• Swelling or retaining fluids in your ankles, feet, legs that indicate your kidneys may be shutting down
• Nausea and vomiting
• No desire to eat
• Confusion, anxiety, restlessness that is out of character
• Flank pain in your back below the ribs

The problem is that many people ignore these symptoms or are unaware that they are experiencing symptoms of kidney failure.  Often, this is only diagnosed in the hospital when patients are already undergoing other treatments. 

Protect Yourself

Listen to your body and discuss the potential for kidney failure with your doctors.  If you feel your medications have injured you, your doctor may be able to suggest something else.  And you can always call a skilled product liability and personal injury lawyer for help.  Protect yourself and talk to your doctor today. Find out if you're at risk and how you can best avoid acute kidney disease.