July 19, 2010

Florida Tanning Salon Workers Burned About New Tax

A new 10 percent tax on tanning salons approved by the federal government kicked in last week and salon owners in Florida are angry. Florida Today reports that tanning salon owners say the federal tax will hurt their business in an economy that is already challenging. Until now, tanning salons had to tax products such as lotions sold in their shop, but they did not tax the use of the tanning beds.

The tanning tax will impact about 18,000 small businesses in the U.S. The ten percent tax could raise the cost of three months of unlimited tanning, which usually runs about $235, making it less affordable to young customers, who are primarily women.

Originally called a vanity tax, the tanning salon tax was debated in Congress before it was passed in December 2009. The vanity tax proposed a five percent tax on Botox injections and breast implants, but in the end, it was bumped to 10 percent tax on tanning and the Botox and cosmetic industry got off tax-free.

Some salon owners say tanning has therapeutic effects by helping alleve depression and fixing some skin conditions.

But the president of the American Academy of Dermatology doesn’t agree. He says the indoor tanning tax is a good public health policy because it will discourage young people from the harmful practice of tanning and the increased risk of melanoma.

The tanning tax was proposed by Congress and is expected to raise about $2.7 billion over ten years, needed to offset the cost of the national healthcare plan.

April 7, 2010

Hospital Infection Study

A new study shows that hospital infections kill about 48,000 Americans every year, and that is a conservative estimate, according to the study. The research, out of the Washington D.C. think tank, Resources for the Future, finds that these are not infections that the patients would have caught anyway. Often the family of the deceased doesn’t realize that it was the hospital-acquired infection that took their loved one, such as pneumonia, not the initial illness that brought them to the hospital in the first place. “It is a staggering number and one that does not have to be,” said lead researcher, Ramanan Laxminarayan PhD, and MPH.

Most of the infections enter the body through catheters and ventilators. Some of the infections come from a bacterium that has been around for a long time, but there are an increasing number of infections that are resistant to antibiotics and are known as “superbugs.” The researchers drew their data from 69 million patients in 40 states between 1998 and 2006.

The solution appears to be for hospitals to institute a team approach to fight infections as they enter the hospital and to prevent them from spreading. It is also up to the family of the patient to be aware of potential signs of hospital malpractice in Jacksonville and throughout Florida. Be sure to ask the hospital about its rate of bloodstream infections and what efforts the hospital is making to reduce infections.

You should look to at or below one infection per 1,000 catheter days. A safety checklist devised by Dr. Peter Pronovost is a good guide for health care workers to follow when inserting a central line catheter. Request clinicians wash their hands every time they enter your room. And be vigilant about the soonest time a catheter can be removed from your body since it presents a risk for infection.

Source article: http://www.webmd.com/healthy-aging/news/20100222/hospital-infections-kill-48000-each-year

April 2, 2010

Tighter Control of Pain Clinics

Believe it or not, six people a day die from prescription drug overdoses in Florida. That is three times the numbers who die from illegal drugs. The problem is centered in South Florida.
Pain management clinics have sprung up and are largely an unregulated cash-only operation that is very lucrative for the fly-by-night operators and very dangerous from the addicts who buy, not just for themselves, but for the users they supply in the south, specifically Kentucky.

Popular medications include OxyContin, a pain medicine, and RoxyContin, similar to morphine and can be injected like heroin. Many pain management clinics are run by convicted felons or those with a history of drug-related crimes. Estimates reflect that there are about 900 pain clinics throughout Florida.

The legislature is trying to tackle pain clinics this session. Proposed bills will toughen pain clinic laws requiring clinics to register with the Department of Health and to participate in a state database of prescription and addictive drugs to track prescriptions. As it stands now, there is no registry. Another proposal would restrict just who can operate a clinic to a doctor in good standing, not a convicted felon. That may be a proposal with little practical meaning. Many of the clinics have a doctor associated who can reap huge profits of about $100,000 a month by lending their name to a clinic. Another proposal would limit the number of drugs a clinic could dispense to 72-hours worth.

But the Florida Association of Pain Management Providers believes that would cripple businesses who are legitimately providing pain medication for those in need. That group suggests that clinics not covered by insurance, also report to the health care agency the amount of medications they are dispensing and to require intensive background checks on owners. Expect much discussion about this outstanding problem in Florida in March.

Source article: http://www.palmbeachpost.com/news/state/lawmakers-seek-tighter-control-of-pain-clinics-236489.html

March 24, 2010

Dentist Leaves Drill Bit in Patient's Jaw

This is a story that no one wants to experience, but medical malpractice in Florida and throughout the U.S. is real and far more common than the public realizes. A woman from Tampa felt there was too much bleeding after her dental surgery, and too much pain. There was a very good reason for that. Her dental surgeon had left a drill bit burr in her right maxillary sinus where it stayed for nearly a year as the 35-year-old held down a job and cared for her kids. The woman has since undergone surgery to have the drill bit removed.

We wish her a speedy recovery and the peace of mind knowing that a foreign object has been removed from her face.

Medical Malpractice
The woman in this incident has hired an attorney to try and get back some of the11-months of her life. This was not only a preventable error, says her attorney, but a simple follow-up X-ray would have detected the metal piece in her jaw. Instead, the woman was sent away and told that her healing process was normal, her lawyer says.

In order to file a medical malpractice lawsuit, a patient has to have suffered some loss and injury, and according to this complaint, the woman was experiencing numbness on her right side where the burr was, as well as dizziness. It was only when she was taken in for emergency treatment at St. Joseph’s Hospital in July, 2009, that a magnetic scan caused the object to move inside her head, something that caused excruciating pain, she says.

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March 11, 2010

Navy Settles Medical Malpractice Case

The 20-year-old was a good nurse. So when she was told to show up at Jacksonville Naval Hospital’s Mayport clinic in 2005, despite the fact that she had a cold and worsening headaches, she did so. But that decision turned deadly for a young pregnant woman.

An undiagnosed sinus infection became bacterial meningitis taking her life. Monday, December 28, 2009, the government finally settled with the family. Most of the $850,000 will go to her 4-year-old daughter who was delivered seven weeks early by C-section as he mother lay dying. The child will not go without, but she will go without her mother.

Our condolences to the family for their immense loss. It is a complete tragedy, especially considering that the failure-to-diagnose case is the third settled by the family’s attorney with this hospital.

Medical Malpractice
By failing to diagnose this young woman simply by taking her temperature, determining she had a bacterial infection and treating the infection with antibiotics, the hospital committed malpractice. She had shown up at the Mayport clinic with the respiratory infection and a two-to-three day history of headaches, but told to continue taking over-the-counter (OTC) medication. Even the young woman’s mother called the clinic herself to demand they give her daughter a prescription for antibiotics. Instead the daughter received a different OTC medication.

Malpractice occurs when a standard of care is violated and that clearly happened here. By the time the bacterial meningitis was diagnosed, it was too late. She died two days later and her organs were donated. Her mother says her daughter was her best friend.

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March 3, 2010

Palatka Birth Injury and Hospital Malpractice Lawyers

The city of Palatka rests in the county seat of Putnam County, Florida and currently approximates a population of 10,796 - a significant rise in births since the U.S. Census Bureau’s 2000 count. Many attractions involve Palatka residents, including a bluegrass music festival that occurs biannually, and Ravine Gardens State Park, which students of nearby St. Johns River Community College can visit to enjoy the scenery or study at. With two available Amtrak services and a local public-use airport to accommodate residential travel, the population of Palatka is an educated, busy city that continues to grow. However, from time to time, an accident can occur, such as birth injury or hospital malpractice, and these traumatic incidents can permanently affect the well-being of an individual or a family.

Birth injury will devastate a significant number of families each year, with an estimated six to eight newborns out of 1,000 having difficulty during the birthing procedure and suffering an injury. A certified physician has the responsibility to provide adequate and proper care for a patient about to give birth, including accurate diagnosis, identifying a future child at risk of stroke, and taking measures to prevent premature birth.

An annual estimate of 200,000 patients will experience grief from acts of hospital malpractice by medical professionals who have not given proper treatment or correct dosage of medication to their patients. Mistakes from negligence can be irreversible and drain the earnings of those who have suffered mistreatment. In cases of neglect, a skilled Palatka hospital malpractice attorney is available to help anyone in need of repairing medical damages due to the negligence of a doctor, nurse or employed medical practitioner.

If you or a family member has experienced emotional trauma, physical pain, birth injury or personal loss at the expense of a medical negligence, the skilled and confident Palatka personal injury attorneys at Farah and Farah can help protect your rights. Loved ones and victims of neglect have trusted our lawyers for many years in hospital malpractice and birth injury cases. For a free and confidential consultation of your case, call the Palatka office of Farah and Farah today:

(386) 328-2889
417 St. Johns Avenue
Palatka, Florida 32177


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February 9, 2010

St. Augustine Birth Injury and Hospital Malpractice Lawyers

St. Augustine, Florida is sometimes referred to as the “nation’s oldest city” since it is home to the oldest port in the continental United States. With an estimated population well over 12,157, St. Augustine is widely known for its lovely beaches, classic architecture, and museums that reflect the life and culture of early Spanish explorers who settled in the area. St. Augustine is also a popular tourist spot in Northern Florida. Considering all that St. Augustine has to offer and its continuous growth in population, it is an unfortunate reality that birth injury takes place from time to time due to medical negligence or hospital malpractice.

A birth injury can have overwhelming consequences for a family to endure. If a medical professional fails to act efficiently and in a timely manner during the birthing process, a newborn baby may suffer serious health problems, scarring, disfigurement, and even death. The mother may also be at risk of suffering harm or injury if a doctor or nurse acts negligently. After a birth injury, a family has a lot on their mind and only wants what is best for their baby. During such challenging times, some families may find it beneficial to seek legal counsel from a skilled St. Augustine birth injury attorney who can help fully explain their legal rights and options if that is what a family decides is best for them.

Hospital malpractice may occur when a doctor, nurse, staff member, pharmacist, or technician causes a patient to suffer injury through negligent or improper treatment or care. Misdiagnosis, surgical error, abuse, and failure to treat a patient, and incorrect administration of drugs or treatment are a few examples of frequent incidents of hospital malpractice. If hospital malpractice or negligence causes an innocent patient to suffer injury, illness, or death, those responsible for such action and poor treatment may be held legally and financially accountable.

If you and your family have experienced a birth injury or another form of hospital malpractice in St. Augustine, please contact the experienced Florida personal injury lawyers at Farah and Farah. We have worked vigilantly for many years protecting the rights of injury victims and their families. Farah and Farah has achieved successful outcomes for our clients in birth injury and hospital malpractice litigation. We can help you. Get in touch with Farah and Farah today at our St. Augustine office for a free and confidential consultation:

(904) 797-7977
1301 Plantation Island Drive
Suite 206A
St. Augustine, Florida 32080

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February 8, 2010

Injured by Medical Malpractice in Georgia? Jump through Hoops

A patient goes to a doctor for a medical procedure. Unfortunately, sometimes the outcome of that procedure is less than ideal. In an even smaller number of cases, the doctor may be guilty of medical malpractice, and failing to deliver the standard of care of a professional medical doctor. Patients may find themselves permanently injured and many decide to file a claim against the doctor.

In Georgia, the CEO of a Georgia medical services company, in an opinion piece in the newspaper, suggest those already injured should have to jump through one more hoop. It is a hoop that benefits the medical profession and insurance companies, not the injured. Instead of allowing victims of medical malpractice in Georgia their Constitutional right to a trial by jury, this author suggest that victims should have to appear before a “screening panel” comprised of members of the medical and insurance industries. Reminder- those are the same industries trying to avoid compensating injured patients.

Time for a dose of reality - only a fraction of those individuals injured by medical mishap ever see a trial. First, many people do not want to be involved in litigation. Secondly, the injury must be tremendous in order to find a lawyer willing to take your case. There is another special hoop in Georgia, the patient must find a medical professional willing to publicly criticize their colleague. That person must be credentialed and willing to sign a document swearing to the malpractice. Then there is another hoop – a judge must screen the case as well.

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February 2, 2010

Orange Park Birth Injury and Hospital Malpractice Lawyers

Situated in Northeast Clay County, the city of Orange Park is a suburb of Jacksonville, Florida. Orange Park has an estimated population of over 180,000 and has a high population density. In attracting visitors and new residents to its thriving community which is rich in history, Orange Park is a bustling region of Florida.

When taking Orange Park’s large population into consideration, birth injury has been known to occur due to the negligence of medical professionals or as the result of a different form of hospital malpractice. During such challenging times, families may find it helpful to seek legal guidance from experienced Orange Park birth injury attorneys who can help explain their legal rights and options.

Although birth complications and injuries are typically rare, they unfortunately occur more often than most Orange Park residents would like to believe. If a medical professional does not act in a timely manner or if a doctor fails to detect a problem or condition that they are supposed to be able to identify, a newborn baby may suffer severe health problems, scarring, disfigurement, or even death.

Birth injury is not the only form of hospital malpractice, but it can cause some of the most devastating consequences for a family to endure. However, no matter what an individual’s age or medical condition, he or she expects to be given quality medical care from a doctor, nurse, or other professional who is required by law to be adequately trained. If hospital malpractice or negligence causes an innocent patient to suffer harm, injury, or death, those responsible for such action and poor treatment may be held legally and financially accountable.

If you and your family have experienced a birth injury or another form of hospital malpractice in Orange Park, please contact the skilled personal injury lawyers at Farah and Farah. We have been protecting the rights of injury victims and their families for many years and know what it takes to reach a successful outcome in birth injury and hospital malpractice litigation. Get in touch with Farah and Farah today at our Orange Park office for a free and confidential consultation:

(904) 264-0700
1534 Kingsley Avenue
Orange Park, Florida 32073


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February 2, 2010

Body Scanners Can Store and Send Images

You go to the airport already a little tense about flying. Then comes the humiliation of a full-body scan - which essentially shows airport security personnel from the Transportation Security Administration or TSA most of the details of your body under your clothing. They are looking for any explosives or plastics so most people are willing to undergo the humiliation for the greater good.

TSA has insisted that there is no way to store or send these images and that the personnel will be secured out of sight of everyday passengers, so your dignity is maintained.

Now there is news from the Washington-based Electronic Privacy Information Center (EPIC), a public interest group focused on privacy that TSA can store and send your images. The group has obtained documents that TSA specified in 2008 that full-body scanners at airports must have the capability to store and send images. That opens up the possibility for abuse by TSA employees, EPIC’s director says. EPIC says the ability to store and send exists when the machines are in the test mode.

The TSA should suspend further deployment of the machines until the privacy questions are resolves, says EPIC Executive Director Marc Rotenberg, reports CNN. EPIC is pursuing a lawsuit to obtain additional documents about the machines.

40 machines are currently being used at 19 airports domestically and an additional 300 machines should be used in airports by 2011.

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February 1, 2010

Toxic Metal in Kid's Jewelry from China

After news surfaced that Chinese manufacturers allowed dangerous levels of lead to be present in children’s toys and jewelry, a different substance – cadmium – was used instead. However, a recent associated press investigation has revealed that the heavy metal cadmium which has replaced lead in children’s jewelry is no substitute at all. Cadmium poses many dangers to children as well. Lab tests conducted by the associated press discovered that the most contaminated piece contained 91% cadmium. Bought on a national level, other pieces of jewelry amounted to a weight of 84% to 89% cadmium.

It is no secret that cadmium is a carcinogen and can easily come off of objects, thus contaminating the hands and other body parts of users. As additional concern arose regarding the exposure of this dangerous chemical substance to children, the Associated Press bought 103 items from store locations throughout Texas, New York, California, and Ohio, all during the months of November and December. What they found in the purchased items was that 12% of the jewelry items had at least 10% of cadmium present.

One of the worst offenders sold a contaminated bracelet charm- Wal-Mart, Claire’s, and the dollar stores:

  • Three flip flop bracelet charms sold at Wal-Mart – 84 to 86 percent cadmium. The company that imported the items - Sulyn Industries of Florida says the charms were subject to lead testing not cadmium.

  • Four charms from two “Rudolph the Red-Nosed Reindeer” bracelets sold at Dollar N More store in Rochester, NY – 82 to 91 percent cadmium.

  • Two charms on a “Best Friends” bracelet bought at Claire’s – 89 to 91 percent cadmium.

  • Pendants from four “The Princess and The Frog” necklaces purchased at Wal-Mart – ranged between 25 to 35 percent cadmium.

“There’s nothing positive that you can say about this metal. It’s a poison,” said Bruce A. Fowler with the Centers for Disease Control and Prevention, who is a cadmium specialist and toxicologist.

Many parents and consumers may be wondering why the substance cadmium has become a problem. The answer relates to the fact that federal protection has not involved banning cadmium being in jewelry. However, lead is prevented from being present in and on children’s toys.

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January 26, 2010

Brunswick, Georgia Birth Injury and Hospital Malpractice Lawyers

The city of Brunswick is located about 30 miles north of Florida and encompasses part of southeastern Georgia. Sometimes referred to as the “shrimp capital of the world,” Brunswick is home to Georgia’s main shrimp and crab industries. Brunswick’s approximate metropolitan population of 101,792 and city proper population of 16,235 make it the twelfth-largest metropolitan area in the state of Georgia.

With the large population of Brunswick in mind, it is an unfortunate reality that birth injury takes place from time to time as the result of hospital malpractice or the negligence of medical professionals. However, with the legal assistance of a Brunswick birth injury attorney, families may be able to hold negligent parties legally responsible for their wrongdoing. Although birth injuries or complications are rare, they take place more than most people would like to admit. If a doctor fails to act in a timely manner or if medical professionals overlook a problem or condition that they are supposed to be able to identify, a newborn baby may endure serious health problems, scarring, disfigurement, or even death.

Hospital malpractice can come in a variety of forms and negatively impact a wide range of individuals. No matter what a person’s age or medical condition, he or she has the right to receive adequate medical care from a doctor, nurse, or other professional who has been properly trained. If hospital malpractice causes an innocent patient to suffer, those responsible for such negligent action and treatment may be held accountable.

If you and your family have experienced a birth injury or another form of hospital malpractice in Brunswick, please contact the skilled personal injury lawyers at Farah and Farah. We have been protecting the rights of injury victims and their families for many years and know what it takes to reach a successful outcome in birth injury and hospital malpractice litigation. Get in touch with Farah and Farah today at our Brunswick, Georgia office for a free and confidential consultation:

(912) 466-8896
4216 Coral Park Drive
Suite 107
Brunswick, GA 31520

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January 21, 2010

136 Silver Alerts Issued in First Year

They are a lot like the Amber Alerts. Since Florida began the Silver Alert program a year ago, 136 alerts have been issued for missing Florida seniors from ages 54 to 94. Some have Alzheimer’s or dementia. Many wander away from their homes. The alerts are also sued for younger adults who have developmental disorders.

In October of last year, Gov. Charlie Crist established the Silver Alert program that uses the media outlets, electronic message boards, and local law enforcement to help find missing persons, and find them fast.

Enlisting the help of the community is crucial when someone is missing. Every minute counts and the Silver Alerts engage motorists to be on alert. So far motorists have found about 15 percent of the state’s total cases.

“The Silver Alert is one of those resources you hope you never have to use, but when you do need it, it is a tremendous safety net for the elders covered by the alert,” says Jon Peck, the communications director for the Florida Department of Elder Affairs.

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January 14, 2010

Jacksonville Water Among the Worst, Says Environmental Group

This news comes from the highly credible nonprofit organization, The Environmental Working Group (EWG).

EWG finds there are over 300 pollutants in U.S. tap water. After analyzing almost 20 million records, EWG finds that more than half of those chemicals are not even subject to health or safety regulations. That means they can legally be there in any amount, regardless of their safety. Sometimes it takes a nonprofit to do the work that our federal government should be doing. For example, no new regulations for drinking water standards have been established for the last eight years.

For those chemicals that are regulated, 49 have been found at levels above the guidelines, meaning that tap water is polluted for more than 3 million Americans.

EWG is encouraging the government to do a national assessment of drinking water quality and set new safety standards.

So how did Jacksonville fare? How about 91 out of 100? JEA serves 800,000 in Jacksonville and the quality of the water is overseen by the state Department of Environmental Protection. Over the legal limit are 12 chemicals, Total trihalomethanes or TTHMs, among them and 23 contaminants were detected, many of them agricultural pollutants.

See the report here: http://www.ewg.org/tap-water/whatsinyourwater/FL/JEA/2161328/

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January 5, 2010

Florida Cracks Down On Doctor Shopping

After failing to enact legislation for many years, Florida will finally require pain practitioners to register with the state by early January.

Part of the new law requires the Department of Health (DOH) to establish a monitoring database. It gives pharmacies 15 days to report in after dispensing a prescription narcotic.

The goal is to prevent “doctor shopping” by monitoring the prescribing and dispensing of controlled drugs, making it difficult for addicts to collect large quantities of pills, and allowing doctors, pharmacists, and even law enforcement to identify those who are “doctor shopping” for prescription pills.

Some legislators were concerned about privacy issues that we were forming a “Big Brother” to monitor citizens in the state. One legislator even suggested a fingerprint be used to track prescriptions rather than a name.

Florida will become the 39th state to establish a state-run prescription drug database. Doctor shopping is reported to be a cottage industry in Florida even drawing people from nearby states to look for easy access to prescription pills. Broward County is known as the nation’s capital of illegal prescription drug trafficking with 100 storefront pain clinics and Florida leads in oxycodone sales, mainly due to the clinics, according to the U.S. Drug Enforcement Administration.

The South Florida Sun Sentinel wrote last March that among 100 pain clinics, 18 who had doctors who had been disciplined by the state for professional violations or convicted of crimes. The law will require that that the prescribing physicians actually be present on the premises of the pain clinic.

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December 31, 2009

St. John's Wort and the Cataract Connection

News is beginning to emerge in the popular media that the plant, St. John’s wort may, while being a cure for mild depression, not be good for our eyesight.

Research out of Fordham University finds that in the lab, hypericin, which is the active ingredient in St. John’s wort, may also make the eye susceptible to sunburn, even in visible light, which can cause a cloudy lens, leading to cataracts, and a damaged retina, which can mean irreversible macular degeneration which can lead to blindness.

In other words, the herb is phototoxic to the ocular lens.

If that is true we would expect to see the effects in a large population…and that is exactly what we are seeing.

Using data from the 2002 National Health Interview survey, epidemiologists from the University of Alabama cross-compared St. John's wort use and cataracts and came away with a statistically significant result - participants with cataracts were 59 percent more likely to report SJW use for at least a year.

This is intriguing at the very least and should serve as a red flag for anyone turning to “Nature’s Prozac.”

Unlike medications, the FDA regulates dietary supplements under a different set of regulations. The Dietary Supplement Health and Education Act of 1994 (DSHEA) allows dietary supplements to be regulated like food and requires the manufacturers to be responsible for ensuring the product is safe before it’s marketed.

The FDA’s role is to monitor any adverse events that may crop up AFTER the supplement is on the market.

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December 17, 2009

Pharmacies Fear Lawsuits Over Drug Abuse

A petite 35-year old woman was a doctor’s office receptionist with a problem.

After purchasing nearly 4,500 doses of painkillers in one year, she got behind the wheel of a Dodge Durango on June 4, 2004 and weaved in and out of traffic before plowing into a man who had helped repair a flat tire on the side of a highway. The 21-year-old young man was killed at the scene. She also hit a 33-year-old man who was helping the other individual. He was injured. The female driver was not.

A lawsuit filed by the families of these afflicted men is pending in the Nevada Supreme Court. It charges that Wal-Mart Stores, CVS, and Walgreen Co. need to be held liable when they do nothing to curb prescription drug abuse.

It’s a precedent setting case that puts all pharmacies on alert. Typically pharmacies have been sued for providing the wrong prescription drug. The pharmacy industry predicts higher prices for all if litigation is allowed to hold them responsible for filling valid prescriptions.

It’s not unlike the situation with bartenders. They too can be held liable if a customer is served too much alcohol and doctors have been sued for failing to warn patients not to drive after taking certain medications.

Under Nevada law, pharmacies share prescription information among doctors, other pharmacists and law-enforcement officials in a database that is reported each month. It’s all intended to track potential drug abuse, such as that by Copening. It is reported to a Prescription Controller Substance Abuse Prevention Task Force which is supposed to send a form letter to the pharmacies the patient has visited to help get the patient into treatment after encouragement by the pharmacist. It sounds like a good intention, but has put pharmacists on the hot seat.

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December 10, 2009

Byetta Ranks Among Worst Pills - Public Citizen

The consumer group, Public Citizen, is recommending that patients wait until at least the year 2012 before taking the prescription diabetes drug, Byetta.

Public Citizen issued the warning in the November 2009 issue of its Worst Pills, Best Pills report.

As is true with many drugs, we don’t really know the side effects until a drug has been used on a population for at least five to seven years.

In the case of Byetta (exenatide), the Food and Drug Administration (FDA) has recently announced that additional information will be added to the drug’s label warning of a risk of kidney failure among users, including reports of acute renal failure. Reportedly 80 adverse events have been linked to Byetta concerning kidney function.

In 2007 and again in 2008, the FDA issued safety alerts about Byetta and pancreas problems, including severe hemorrhagic pancreatitis and necrotizing pancreatitis, which can be fatal.

Public Citizen launched its own independent analysis of a longer reporting period of 47 months concerning Byetta, and found a total of 181 reports of acute pancreatitis between April 2005 and March 2009, including 142 serious cases that required hospitalization.

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December 3, 2009

Florida May Opt Out Of Health Care

The premise of health care reform is that the larger number of participants in insurance pools, the greater the risk is spread among many keeping costs down for all. But that may not be the case in Florida, which is one of 11 states that has filed bills to “opt out” of federal legislation in case it does not meet its liking.

Sen. Chuck Schumer (D-NY) had suggested the “opt-out” of public option compromise as a way to get something moving among Republicans in a spirit of compromise.

State Sen. Carey Baker R-Eustis and Scott Plakon R-Longwood have filed a proposed constitutional amendment to let Florida businesses and residents opt out of a federal health care plan. But it’s unlikely a state can legislatively trump a federal mandate. That would have to be supported by three-fifths of the state Legislature and then 60 percent of voters.

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December 2, 2009

Consumers Have Right To Know About Medical Charges

When you need to access health care in a hurry in Florida, you might not be thinking about how difficult it is to read the bill at the end of the day. Confusing codes, indecipherable language and discounts that may or may not apply, make shopping for the best and lowest cost health care something you don’t think of.

But consider this. Shop for health care like you shop for anything when you want to save money – wisely. The state of Florida is making it a bit easier.

Many consumers of medical services in Florida may not know that under law they have the right to reliable and understandable information about their health care charges.

Since January 1, 2009, when the “Health Care Consumer’s Right to Information Act” took effect, uninsured consumers have been entitled to receive a reasonable estimate of charges for any planned nonemergency medical service from a health care provider.

That includes everything from an osteopath to podiatrist, a hospital to an ambulatory surgical center. Even allopathic physicians are included in the requirement. In addition, the facility must provide reliable information on any discount or charity policies that might apply to the uninsured patient. The estimate is supposed to be written in lay language – in other words, in language that is understandable to the ordinary person without medical training.

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November 23, 2009

Loser Pays is a Bad Idea

There is a very bad proposal coming from Georgia’s Republican U.S. Senator Saxby Chambliss as a way to keep health care costs down. Chambliss is known to be a friend to big business and his proposal shows it.

Chambliss is co-sponsoring legislation he says would cut down on so-called “frivolous” malpractice lawsuits.

Instead of capping the jury awards to the injured, cruel in itself if a truly injured person wins their case before a jury and is then told, “Sorry, state law caps what the jury wanted you to have.” Equally cruel, Chambliss has been joined by Sen. Lindsey Graham, a South Carolina Republican, in supporting a so-called “loser pays” legislation that would require those involved in a medical malpractice claim to enter nonbinding arbitration to try and resolve their differences.

Only if that did not resolve the dispute could they go to court, but if the injured loses, he or she would be on the hook to pay the opponents’ legal fees which easily could run into the hundreds of thousands of dollars.

Chambliss defends the proposal, called the Fair Resolution of Medical Liability Disputes Act of 2009.

Now remember this would apply, even if the person is successful before a jury but has their case turned over on appeal. That means all a deep-pocketed corporation has to do is keep filing appeals to higher courts and eventually the injured will run out of funds or their lawyer will. That’s how corporations use the courts to stomp on people and make them go away.

So ultimately the physically injured can become fiscally injured. The end effect will be no lawsuits are filed because no one wants to take the chance on what an unpredictable jury will do. And that’s the point.

In a statement Chambliss said, "While no one with a valid claim for medical malpractice should be denied his day in court, those who bring frivolous lawsuits raise the cost of health care for everyone, ‘Loser pays' should go a long way toward discouraging such junk lawsuits and lowering the cost of practicing medicine."

Folks - there are no frivolous lawsuits that I’m aware of filed by most big law firms. No one wants to put out the couple of hundred of thousands in lawyer time and hiring expert witnesses unless there is a case. Period. It just doesn’t make financial sense.

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November 19, 2009

Yaz Yasmin Oral Contraceptives Lawsuits Growing

In 2007, a 39-year old woman from San Francisco was the happy mother of 3-year-old twins.
Doctors put her on the Yaz birth control pill. Four weeks and one day later, she suffered a stroke.

Today it’s obvious to see part of her skull has been removed. Doctors had to operate to accommodate the brain swelling following her stroke. Her IQ is 77. She has chronic pain and has no short-term memory. She can no longer drive.

The injured woman was in the hospital for six months and returned to her twins a different person. They are getting help coping with the condition of their new mother, who walks, talks and looks different, with the help of a counselor.

Her doctors told her it was Yaz that caused her stroke and she has filed suit against drug maker Bayer HealthCare.

In addition, a 34-year-old history teacher and mother of two is also suing. She developed blood clots in both lungs in 2007 after starting Yaz. That resulted in partial loss of her right lung.
Yaz and Yasmin are made by Bayer Healthcare Pharmaceuticals. Yaz is the newest sister to drug Yasmin and Yaz contains less estrogen. Ocella birth control is the generic version that is sold by Teva Pharmaceuticals.

All three oral contraceptives are among the most widely used and involve a combination of ethinyl estradiol with a new type of progestin, drospirenone. It has been linked to health problems including strokes, heart attacks, deep vein thrombosis, gallbladder disease, pulmonary embolisms, and death. The drug label says that the presence of drospirenone can increase potassium levels and may present a risk for heart problems for women who have liver or kidney problems.

Courthouse News Service reports that Bayer is facing more than 125 lawsuits over Yaz, and up to six new cases a day are being filed around the country, claiming that Bayer didn’t thoroughly research the new progesterone ingredient, drospirenone before marketing it.
Class actions are forming in New Jersey, where Bayer is headquartered, in East St. Louis, and in Pennsylvania state court.

Amazingly the drug is still on the market. Bayer may have failed to warn about side effects, but it does know how to market.

Yaz is the top-selling birth control pill in the U.S. partially due to the multimillion- dollar ad campaign by Bayer that promotes the pill as a quality-of-life treatment that improves acne and severe premenstrual depression.

The go-to drugs for women under the age of 35 generated sales of about $1.8 billion for Bayer last year.

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November 18, 2009

FDA Will Probe Medication Errors

One important element of health care reform that’s often not mentioned is the cost of medical errors and specifically errors involving prescriptions.

Medication interactions, a pharmacy mix-up, or the inability to read the doctor’s handwriting, can all lead to drug dosage errors which cost us all about $4 billion a year, not to mention lives and injuries.

Now the Food and Drug Administration (FDA) says it is trying to identify how 1.5 million prescription errors happen every year, according to the Institute of Medicine.

It is astonishing and even FDA commissioner, Margaret Hamburg, who is a doctor was stunned by the numbers. She announced a new plan called “Safe Use Initiative” by saying it “doesn’t require a new scientific discovery or a budget appropriation.”

The FDA will be holding public hearings and gathering information from the public.

Every week we hear of the adverse events from prescription medications, even when they are used as directed or prescribed. Consider Tylenol that can cause liver damage when taken in excess, and the current controversy about oral contraceptives Yaz and Yasmin, still on the market, but likely to eventually be pulled off because of the links to heart attack, strokes and blood clots.

Public Citizen’s Dr. Sidney Wolfe says part of the problem is that information is missing from warning labels about 99.5 percent of the time.

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November 4, 2009

Chantix Reports of Suicide Keep Coming In

Even tobacco executives acknowledge these days that smoking is an environmental risk for cancer. According to the American Lung Association, more than 400,000 American lives are lost each year due to smoking or from secondhand smoke shared with babies and spouses.
Chantix sounded like a lifesaver when it was approved by the Food and Drug Administration in May 2006.

Also known as Varenicline Tartrate, Chantix is made by Pfizer and given to end smoking addiction. The FDA reportedly reduced its usual review time from 10 to six months.

Here’s how it works. Instead of using nicotine, which many smoking cessation therapies include, Chantix reduces cravings and decreases the pleasurable effects of smoking. But side effects reported include nausea, headaches, abnormal sleep, and Chantix dreams, vivid wild dreams.

It’s estimated about 5 million prescription have been written.

In November 2007, the FDA began investigating reports of suicidal behavior among users. 37 reports had come in of suicides and hundreds with suicidal behavior. Pfizer was forced to add a stronger warning on the drug’s label.

Pfizer has suggested that Chantix-induced psychotic episodes are actually due to nicotine withdrawal, but the FDA notes that even people who keep smoking and are taking Chantix have the same episodes.

After ABC News published the story of Carter Albrecht, who, after taking his first 1 milligram Chantix tablet, assaulted his girlfriend, and was shot and killed by a neighbor who thought he was a burglar. ABC received over 200 comments from people describing similar erratic behavior.

By November 2007, the FDA issued a release about Chantix confirming there were an increasing number of reports about radical changes in behavior and suicidal thoughts among users of Chantix. As a result the FDA recommended that healthcare workers monitor Chantix users for behavior and mood changes. Pfizer continues to say that Chantix is a real breakthrough medicine even though by February, 2008, the FDA was saying that after a continuous review of adverse event reports there was likely an association between Chantix and serious neuropsychiatric symptoms.

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October 28, 2009

Fentanyl Patch Dangers

Doctors may finally be getting the message about the dangers of Johnson & Johnson’s fentanyl patches. Sales are down worldwide 20.5 % equating to roughly $200 million dollars. The drop comes after a series of deaths and lawsuits and at least two J & J recalls in the last two years.

Just last month, the painkiller was prescribed to a 15-year-old boy who died of an overdose following a tooth extraction. The Seattle teen was autistic and for some reason was prescribed the patch usually used for chronic pain in cancer patients and is generally prescribed for people who have developed a resistance to opium-based painkillers.

Since the 15-year-old was unable to speak and communicate to caretakers, it complicated his reaction and anyone’s ability to help him.

A civil suit has been filed because the boy was given the highest dose available, says his attorney. The hospital says it erred in prescribing fentanyl to the teen patient. Wrong prescriptions of the fentanyl patch are not an uncommon problem across the country.

A Sanford, Fla., jury in October 2008 awarded $13.3 million to the family of a 34-year-old woman who died after undergoing back surgery and using the Duragesic patch (fentanyl). The jurors decided that two J & J subsidiaries, Janssen and Alza, were responsible for her death.
J & J face about 60 other lawsuits over the Duragesic patches.

Part of the problem with fentanyl, whether by J & J or generic, is that it is delivered through a patch allowing the drug to pass through the skin and entering the blood at a constant rate. When someone takes a pill, the level of drug rises and falls in the blood, giving the body somewhat of a rest.

Transdermal patches don’t give the patient’s body a rest and they may end up getting too much of the drug.

There have been five Duragesic/fentanyl recalls since 1994. Watson Pharmaceuticals issued a recall for its leaking fentanyl painkiller patch in August and the company said that exposure to fentanyl exposure may lead to respiratory depression and possible overdose.

In 2005, the FDA said that there had been 120 reports of death related to the fentanyl patch.
Most recently, in December 2008, a division of Ortho-McNeil-Janssen a company under Johnson & Johnson recalled defective fentanyl transdermal patches. The company said some patches had a slit along one side creating the possibility that the fentanyl get could leak out of the package exposing both caregivers and the patient to an overdose.

The last official move by the FDA earlier this year came in a letter sent to the six manufacturers to demonstrate that the drug’s benefits outweigh the potential risks. While the drug has a real benefit for those suffering from so-called “breakthrough pain,” especially from cancer, the FDA notes that the number of accident overdoses is increasing.

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October 22, 2009

Yaz Yasmin Lawsuits Abound

Yaz and Yasmin are two types of birth control pills manufactured by Bayer Healthcare. Both contain ethinyl estradiol which has been present in “The Pill” for more than three decades. However, what’s new about these popular forms of oral contraceptive is the presence of progestin in Yasmin and Yaz. It is called drospirenone, a so called fourth-generation synthetic progestin. Unfortunately it results in elevated potassium levels which can cause potentially life-threatening heart problems.

Approved by the FDA in 2006 and 2001, almost immediately the FDA began receiving adverse event reports including deep vein thrombosis, pulmonary embolism, and heart arrhythmia or irregular heartbeat.

Public Citizen, the consumer group, has put the two pills on its “Do Not Use” list of drugs.
As the number of complaints over the side effects of these birth control pills continues to increase, four significant lawsuits have been filed in federal court against Bayer HealthCare Pharmaceuticals and there are more to come.

Bayer will run some corrective advertising and has told the FDA it will spend $20 million on the campaign to downplay its former overstatements about the benefits of Yaz while it downplayed the risks.

The birth control pills are still sold and aggressively marketed, exposing young women to serious and potentially life-threatening risks. When you follow the money trail, you understand why.

Yaz and Yasmin account for nearly 18 percent of the birth control market last year. That translated to more than $600 million in sales for Yaz and $1.85 billion in the first quarter of 2009 and $382 million for Yasmin. With other birth control formulations on the market, there is no benefit to using Yasmin and Yaz.

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October 21, 2009

Two Girls Die of Lou Gehrig Disease Following Gardasil

Researchers believe that two separate and fatal cases of Lou Gehrig’s Disease in young girls following the Gardasil injection may be related to the vaccine. Gardasil is injected in girls beginning at age 9 through age 26, to protect against two types of virus that cause cervical cancer and two that cause genital warts. It’s estimated 7 million young girls and women have received the vaccine, delivered in a three-shot series.

In both cases the young women died of amyotrophic lateral sclerosis or ALS (Lou Gehrig’s Disease), and the disease progressed rapidly. Merck, the maker of Gardasil, does not believe that Gardasil could have caused the events.

But the two cases are very similar and researchers are suspicious that ALS in young people, affecting just one in 2-3 million, may be related to the vaccine.

Here’s what we do know. One of the girls was 14-years-old when she received Gardasil. Months after her third shot in the three-booster Gardasil series, she began tripping over easy hurdles in gym class. Soon both legs and her arms became weak, she began to limp and had trouble gripping objects and she felt pins and needles in her feet. Her muscled atrophied. Within a year she was paralyzed, a quadriplegic and used life support to help her breath before she died. The degenerative disease did not harm her mind, which Web MD reports was as sharp as ever.

The girl’ parents want people to know they are not anti-vaccine. After all, they had their daughter vaccinated with Gardasil. The girl was 15-years-old when she lost her battle with the rapidly degenerative neurological disease on March 15, 2009.

Another girl, 20-years-old had a rapid progression of ALS in a similar way within four months of her first Gardasil shot. She died 28 months later.

Our hearts go out to the parents and family and friends of these two young women.

The link between the symptoms and the shot is very suspicious to researcher Dr. Catherine Lomen-Hoerth at the ALS Center at University of California San Francisco Medical Center. First, the symptoms progressed very rapidly, more so than in a typical ALS patient. And both girls had an inflamed spinal cord she said to doctors at the American Neurological Association, which is not normally seen in ALS.

And one doctor, Yadollah Harati, a neurologist at Baylor College of Medicine in Houston, says he will now ask his young ALS patients if they received the Gardasil vaccine. He didn’t think to ask before, he tells Web MD. The parents of the 14-year-old are asking anyone who visits their Web site in their daughter’s honor, Jenny’s Journey, to forward any cases of muscle paralysis following a Gardasil injection to their Web site so they can make sure that it is registered on the federal VAERS (Vaccine Adverse Events Reporting System). They fear other cases may not be reported since VAERS is not generally known to the public and there are no requirements to post adverse events, though hospitals and doctors are encouraged to do so.

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October 19, 2009

Stroke Victim Challenges Georgia ER Malpractice Laws

Emergency room doctors make decisions quickly as a matter of life and death, often without knowing the medical history of their patients. That was the argument the Georgia Supreme Court justices heard this week defending a 2005 tort reform law. It requires the injured to make a clear and convincing case that an emergency room doctor committed “gross negligence” to prove medical malpractice.

The case in question involved a woman who had serious pain behind her eye. The woman went to St. Francis Hospital in Columbus in April 2007 with a throbbing pain. Instead of a CAT scan, the doctor blamed her headache on stress and high blood pressure, gave her a prescription for Valium and sent her home. The woman was reportedly screaming in pain. Turns out she suffered a brain aneurysm. A CAT scan would have found it. Her lawsuit blames her stroke, permanent paralysis and neurological damage that followed on the doctor’s failure to treat her with a reasonable standard of care.

The Georgia state legislature passed a tort reform law in 2005 to keep doctors from leaving the state for fear of malpractice lawsuits. In doing so, the lawmakers carved out an exception for hospitals, practically eliminating medical negligence claims. Many people who are truly injured have found that they have no recourse and a major insurer of physicians reports that medical malpractice claims have fallen. That is nothing to brag about.

The Georgia Supreme Court is also listening to a challenge to the state’s damage cap in medical malpractice lawsuits. In that case, a 75-year-old woman argued that a $350,000 cap on non-economic damages, such as pain and suffering, is unconstitutional and denies her right to a trial by jury.

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October 16, 2009

Erin Brockovich Investigates Florida Toxic Waste

Environmental crusader, Erin Brockovich was in Florida this week to meet with residents and health officials and to host a Town Hall meeting Thursday night to talk about the cancer cluster at the South Florida community known as The Acreage.

Brockovich was played by actress, Julia Roberts in a film about her efforts in uncovering toxic water pollution in California.

These days she has formed a company that investigates corporate wrongdoers and advocates for the truth.

She and a New York City law firm are investigating environmental links to brain cancer cases at The Acreage neighborhood in Palm Beach County and offered residents information and options for legal action.

The cause of the suspected cancer cluster remains a mystery. In the rural suburb of West Palm Beach, the state and county have launched a Level II investigation after the first one found an increased rate of total cancers from 2000 to 2007. Girls in particular, had an increased number of brain cancers with The Acreage reporting 1,369 cases of all types of cancer between 1995 and 2007.

So far, the state has found elevated levels of radiation at ten homes that also have residents with brain tumors or cancer.

The state DEP has found four private wells with drinking water that failed to meet state standards for safety because of elevated levels of radium, a measure of radiation. Some residents have blamed heavy pesticide use on orange groves. Pratt & Whitney, the rocket and jet engine company worked nearby on Beeline Highway and is responsible for leaks and spills on its 7,000 acres dating back 30 years.

In the 1980s the company had its own on-site cancer scare. Some Acreage residents believe contaminant leaks into their wells might have contributed to their brain tumor cases.

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October 9, 2009

Federal Review of Dangerous Medical Devices Finally Underway

A recent federal review is not happening fast enough for patients who have been hurt by defective medical devices in Florida and throughout the nation that reports say should never have been put on the market.

A federal study will take the next two years to look at a FDA program that provides an easy fast-tracked method for medical device makers to get their product into the marketplace. The process is known as – 510 (k), and it amounts to an exchange of paperwork seeking approval from the Center for Devices and Radiological Health to market the device.

Note – the device makers claim that the catheter or defibrillator is “substantially equivalent” to another device already on the market. Unfortunately many of these devices are implanted inside patients, some permanently, and they have not undergone pre-market approval for safety.

Besides bandages and wheelchairs, 510 (k) devices can include pacemakers, heart valves, and synthetic surgical mesh.

3,600 products apply for the 510(k) designation every year. About 90 percent are given the okay.

The $1.3 million review by the Institute of Medicine (part of the National Academies) is better late than never. However, for those who have been harmed by medical devices that were never reviewed for safety, waiting another two years for it to be complete, slated for March 2011, opens the door to more abuse of the system.

A Truth in Medicine founder and patient advocate who is suing Ethicon over its synthetic surgical mesh which remains implanted in her, says two years is too late.

“Thousands and thousands will be injured before they complete the review process,” says Miami-based patient advocate. She and thousands who have contacted her Web site, say they never should have been implanted with synthetic surgical mesh for hernia repair and urinary incontinence. Many say their lives have been ruined because the mesh migrates, perforates organs, and is difficult if not impossible to remove.

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October 7, 2009

Tylenol Recall

The makers of Children's Tylenol have announced a voluntary recall of more than 20 children's and infants' liquid products.

The products were made between April and June 2008 and the recall involves 57 lots of children’s products.

The full list and lot numbers of the products are contained on the Web site. Among those recalled:
Varieties of Children’s Tylenol have been voluntarily recalled. The brands include Children’s Tylenol Suspension 4 ounce Strawberry, Children’s Tylenol Pediatric Suspension 1 ounce Cherry, and Infant’s Tylenol Suspension Drops ½ ounce Grape.

The company says one of the inactive ingredients tested positive for a gram-negative bacteria, Burkholderia cepacia or B. cepacia. However none of the bacteria was found in the finished product and that the chance of a serious medical event is unlikely.

The bacterium is responsible for some antibiotic resistant hospital infections.

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October 2, 2009

Grandmother Says Gardasil Killed Her Granddaughter

A 17-year-old was about to graduate from high school when the cheerleader and softball pitcher received the first of the three-shot series of Gardasil, the Merck drug that is supposed to protect young girls from the human papillomavirus, or HPV, that causes two types of cervical cancer and two types of warts.

That was 19 months ago.

"I just didn't know what to think because she was so healthy. I just could not understand why she was dead. No one seemed to know why she was dead,” says her grandmother.

The teen had no health problems, but after the second shot in September 2007 she started to get bad headaches, as well as muscle aches, and joint pain, said her grandmother. The doctor thought it was stress. Her third shot was February 20, 2008. By February 22 she was dead.

Her grandmother said that after the final shot, her granddaughter said she had a headache and went to bed. That next morning her mother found her on the bathroom floor. "Without a shadow of a doubt, I know that Gardasil is what killed her," says her grandmother.
An autopsy was inconclusive.

The grandmother says she is angry with the CDC and the FDA because even today they encourage girls to get the vaccine, even though there have been about 14,000 adverse events reported to the government, including Guillian-Barre Syndrome, where the muscles become paralyzed, in addition to headaches, fainting and even death.

In fact, the CDC says it has either investigated or is currently looking at 43 reports of deaths of those who received the vaccine. Read the reports on the Web site, Judicial Watch, that had to file a FOIA to get the death reports from the government.

"The FDA adverse event reports on the HPV vaccine read like a catalog of horrors. Any state or local government now beset by Merck’s lobbying campaigns to mandate this HPV vaccine for young girls ought to take a look at these adverse health reports."
-Tom Fitton, Judicial Watch

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September 30, 2009

The Many Dangers of Avandia: Study Reveals Heightened Risk for the Elderly

After it was revealed in an analysis of 42 clinical trials in May 2007 that patients taking Avandia to treat Type 2 diabetes faced a 43% greater risk of having a heart attack, concern spread relating to the failure of manufacturers GlaxoSmithKline and the FDA to properly warn consumers about its cardiac risks. Based on a recent report, Avandia is now considered to pose more risk than Actos and a study revealed that senior citizens are the group most at risk of suffering from heart failure and death as a result of using Avandia. According to the article, in analyzing almost 40,000 records of patients 66-years-old and above, Sunnybrook Health Sciences Centre researchers in Toronto found that for every 93 patients given Avandia as opposed to Actos, there would be one additional cardiovascular event or death each year.

Even though new warning stating the specific risks of myocardial ischemia was added to Avandia’s boxed warning information in November 2007, other serious risks have been brought to the surface, such as liver failure. A Consumer advocacy group, Public Citizen, published the research that revealed Avandia’s risk of liver toxicity and noted that its risks “far outweigh its benefits.” And as skilled Jacksonville, Florida Avandia lawyers, we couldn’t agree more. It is utterly tragic when medication that is supposed to help treat a serious disease or ailment ends up making a condition worse or creating new health problems for an innocent patient to endure.

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September 24, 2009

Avandia – The News Keeps Getting Worse

Avandia is the drug many residents of Florida are discussing lately, which is used to treat Type 2 diabetes. Some users have found the cure has caused more problems than the original disease.

Heart failure can be a deadly result of taking the oral diabetes medicine, made by GlaxoSmithKline. Avandia, also known as rosiglitazone, has been found to contribute to heart attack or failure, according to a six-year study on Avandia. 6.9 percent of the patients taking the drug died or were hospitalized.

A new study from the British Medical Journal (BMJ), published in August 2009, concludes that the drug has no advantage over competitor, Actos, and is more likely to trigger heart failure and death.

The drug came under the eye of the Food and Drug Administration, which in 2007, pressured Glaxo to make a more explicit “black box” warning about the heart risks. The FDA has also required more controlled trials and testing for Avandia, but that comes too late for patients who have been taking it to control their Type 2 diabetes.

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September 23, 2009

Chemical Trucks In Jacksonville and Their Danger

A wreck on I-75 shut down part of the highway this week after concentrated chlorine spilled over the highway. Jacksonville firefighters wore hazmat, or hazardous materials suits to clean-up the chlorine and other toxic materials. Because the city has two major interstates running through the downtown area, this sort of truck accident in Jacksonville is likely to occur, and there is very little the city can do to protect itself.

In this case, the tractor trailer overturned on I-75 in Hamilton County near CR - 132. It then struck a tree and that’s when the industrial strength chlorine spilled, forcing the evacuation of the area for nine hours.

The oldest hazardous material team in the U.S. is located in Jacksonville and they prepare for the inevitable. There are a few things you can do to help as a citizen.

If you see a truck carrying hazardous materials, keep a safe distance from the truck. Ever since September 11th, a driver trying to obtain hazardous materials endorsement on a state-issued commercial driver’s license must pass a strict security threat assessment to meet the requirements of the USA Patriot Act. Their criminal history, legal status and background check is all reviewed.

Hazardous materials can cause death, serious injury and long-lasting health effects. From industrial plants to dry cleaning establishments, hazardous materials are shipped, stored, or used at an estimated 4.5 million facilities in the U.S., according to the state of Florida.

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September 2, 2009

Broward County Tobacco Win

A 92-year-old man went up against Big Tobacco and he won.

Last Thursday, a Broward County, Florida jury decided to award him more than $5.3 million at the conclusion of a Florida tobacco lawsuit trial in which he claimed cigarettes caused his wife’s death in 1996. The man sued Philip Morris for causing his wife’s lung cancer. His wife was 73 when she died. In an earlier phase of the trial, the jury agreed that cigarettes killed her.

Many people fail to understand the attitude toward cigarettes when the deceased woman started smoking at the age of 16 in 1923. Doctors advised people to smoke to calm their nerves. The government gave cigarettes out to soldiers. Television commercials promoted cigarette smoking as cool and sophisticated. Howard Engle, a Miami Beach pediatrician, who led the class action lawsuit representing some 700,000 smokers, had been a tobacco-addict since the 1940s when cigarette companies gave medical students at the University of Wisconsin free cigarettes. He hated Big Tobacco and its strategies used to create lifetime users by creating addicts.

Howard Engle died this past July at the age of 89. He had suffered from smoking–related respiratory disease and lymphoma. His lawsuit yielded him a little over $13,000, but he was excited to eventually see 42,558 Floridians split $575 million that was distributed to those in the class.

The Engle lawsuit established for the first time that the industry lied and deceived the public about the dangers of cigarettes. So while people today are fully informed before they begin smoking, years ago people were coaxed into an addiction, which takes more than will-power to quit.

The woman in the above story smoked two packs of cigarettes a day before she died and she couldn’t quit. One night when watching the ‘Seven Dwarfs,” the seven tobacco executives, swear to Congress in 1994 that cigarettes were not linked to cancer, she told her husband, “If anything happens to me, sue them.” It was tough to believe back then that professional executives would lie to the public. But it was true. By that time, the industry knew cigarettes caused lung cancer.

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August 31, 2009

Florida Doctors Fined for Treating Wrong Patient

It’s hard to believe this happens, but it does.

Two doctors have reached a settlement with the Florida Board of Medicine after they allegedly treated the wrong patients at the wrong hospital rooms in two separate incidents. A nephrologist of Fort Myers, Florida, is facing a fine of $5,000 and a Surgeon of St. Petersburg, Florida, was fined $10,000.

The agreements to settle were reached between attorneys for the doctors and the Florida Department of Health. In the nephrologist’s case, the Associated Press reports there was no permanent harm to the patient, however, we don’t know the outcome of the other case. Both of the situations were caught by alert nurses.

Thankfully, the nurses saw the problems and were not afraid or intimidated to speak up. They are truly life savers.

A newly released report says that there will be 200,000 fatalities from hospital errors and infections this year, and they are mostly preventable.

Hearst Newspapers, in a national reporting effort, “Dead by Mistake,” finds medical errors happen all too frequently and there is a lack of systemic reform underway to ensure patient safety.

Ten years ago another federal report, “To Err is Human,” said that medical error could be improved and showed how to cut errors in half. Actually, Hearst reporters found the rate of medical error is increasing. Doctors regularly make errors such as the doctors above, confused about who to treat and what to treat them for. Other problems involve hospital infection, failure to color-code medical tubes, illegible handwriting, and prescription errors.

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August 11, 2009

Is Chinese Drywall Flammable?

As if the problems with the foul smell coming from Chinese drywall is not enough to drive some Florida residents from their homes, now we learn that the state Fire Marshal’s Office and the Consumer Product Safety Commission (CPSC) are testing to see if the toxic drywall contributes to fires, based on a story. The source of two fires is in question and tests are underway by the state. We already know that as a defective product in Florida, the odorous drywall corrodes electrical wires and air conditioner coils.

The CPSC has received 608 incidents reports from 21 states about the Chinese drywall, most of the complaints coming from Florida, Louisiana and Virginia as we now find out in a CPSC status report on Chinese drywall in this country.

It finds that some of the drywall was made with a radioactive phosphorus substance—phosphogypsum—that is banned for use in construction in the U.S. and the health risks of phosphogypsum are uncertain. The analysis of content should be completed by the Environmental Protection Agency by August 21.

CPSC staff is currently pressing for approval to visit China, including specific mines and manufacturers.

The CPSC has asked China's General Administration of Quality Supervision, Inspection and Quarantine for a list of all drywall producers that used the LuNeng mine, which is located in the ShanDong province.

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July 3, 2009

West Palm Listerine Product Liability

Two years ago, one 10 year old girl, was doing well in school and at home, but she had one reoccurring problem. She kept having strep throat. Her mother and doctor couldn’t figure out what was going on until the girl had to give up her bedroom to guests for a week. Her strep throat went away.

According to an article, turns out she didn’t use her dental rinse during that time. Agent Cool Blue Listerine is geared toward children and shows up a blue color when plaque is left behind. It’s supposed to encourage brushing. Instead it is encouraging a lawsuit.

This girl is now at the head of what may turn out to be a class action product liability lawsuit. Listerine, made by a subsidiary of Johnson & Johnson, admitted to consumers that four different types of bacteria were found in the formulation two years ago. The four contaminants were: pseudomonas flurorescens; klebsiella oxytoca; serratia marcescens; enterobactar cloacae; all bacteria that grew in the absence of any preservative.

About 200 potential plaintiffs have joined the product liability lawsuit complaining of the same symptoms, repeated strep throat, high temperature, extremely large sores in their mouths, and cracking of permanent molars.

The company immediately reformulated the product and added a preservative.

But that may not have done the trick.

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July 1, 2009

Zicam Warning for Consumer Safety

You may have heard the news reports about the popular cold remedy, Zicam.

The Food and Drug Administration (FDA) is ordering the maker of Zicam to cease marketing the little bottle with the big nasal spray after continuing reports that some users have lost their sense of smell.

Here are the three over-the-counter Zicam products affected:

  • Zicam Cold Remedy Nasal Gel

  • Zicam Cold Remedy Nasal Swabs

  • Zicam Cold Remedy Swabs, Kids Size (a discontinued product)


The FDA has reportedly received more than 130 reports of the loss of smell, also known as anosmia, which can be a big problem if you cannot smell spoiled food or a fire.

Perhaps most serious is that the FDA believes that Zicam maker, Matrixx, may have received more than 800 complaints directly to the company regarding product liability injury, which by a 2007 FDA regulation are supposed to be turned over to the FDA.

Matrixx Initiatives stand behind the science of its products and its belief that there is no causal link between its intranasal gel products and anosmia. The company says the FDA action is unwarranted. They plan to cooperate with the FDA to review safety data.

But for fans of Zicam, don’t worry. The cold tablets made by Zicam also deliver the homeopathic ingredient, zinc gluconate, a naturally occurring mineral. The only difference is in the delivery. Directly into the nasal passages causes the working ingredients to be absorbed immediately.

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February 6, 2009

Tampa Hospital Mold Causes Infections Killing 3 Children

Can mold kill?

The families of three young children have filed a lawsuit against St. Joseph’s Hospital in Tampa, accusing the hospital of failing to protect the leukemia patients from mold.

The hospital was undergoing an expansion in 2008 on the ground floor. The suit charges that mold was stirred up during the construction and that the hospital should have known the children suffered weakened immune systems making them susceptible to infections.

Three children died in April and May, 2008, and their parents have filed the lawsuit. Mathew and Karen Gliddon are suing on behalf of their son Mathew, age 5; Patricia Gunn on behalf of her daughter Kaylie, age 2; and Daniel and Mary Lynn Kesler over their daughter Sierra, age 9, according a story from the Tampa Tribune.

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February 2, 2009

Florida Joins 43 States With First Salmonella Case

Until now, Florida was one of seven states that did NOT have a salmonella outbreak. But now, a North Florida resident has shown signs of salmonella poisoning, according to a Florida Department of Health report issued on February 5th. There are very few details about the person or what they might have eaten to make them sick, but Florida is now the 44th and most recent state to have residents who have been sickened with the same type of salmonella that came from the Blakely, Georgia peanut processing plant. Salmonella Typhimuirium has sickened more than 550 and killed eight.

This time the resident of Bradford County was temporarily hospitalized. The city of Starke is in that county, but no other information on his/her location except that he had the same DNA match of salmonella Typhimuirium involved in the food recall.

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January 28, 2009

Florida Courts Dismiss Seroquel Trial Without Damages Accounted For

Drugmaker, AstraZeneca is breathing a little easier after the London-based company had two lawsuits over its antipsychotic drug Seroquel dismissed. A trial was set to start February 2, but U.S. District Judge Anne Conway in Orlando, Florida said the two cases “just didn’t meet the standards” to go to trial, a report says.

The plaintiffs in these cases, Linda Guinn and David Haller couldn’t prove that the drug led to their diabetes, the judge found. 61-year Guinn said she developed diabetes in 2006 and gained about 40 pounds after taking the drug for four years. She was seeking about $54 million in damages, including $42 million in punitive damages.

Her attorney says he will appeal both cases. And waiting in the wings are about 9,000 other lawsuits involving more than 15,000 plaintiffs who all claim the antipsychotic drug caused diabetes.

These cases are consolidated before Judge Conway who says that ex-Seroquel users can continue to use the theory that the drug led to their diabetes.

The dangerous antipsychotic drug is increasingly given to teenagers and the elderly off-label, driving growth for the company. It may be time for those affected by the prescription drug to get in touch with a Seroquel injury attorney.

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January 13, 2009

Multiple Families Sue For Injuries Caused By Infused Bone Graft

Medtronic is facing more trouble over its Infuse Bone Graft.

A Texas woman is reportedly preparing a lawsuit blaming off-label use of Infuse for injuries she suffered after cervical spine surgery. Mary Selke claims that bone formed in her neck and it made it difficult for her to breathe and swallow resulting in more surgery, this time of an emergency nature. Her physician will also reportedly provide testimony that Medtronic promoted use of the product off-label directly to physicians.

Each year, an estimated half million people undergo spinal surgery to repair and stabilize the spine after experiencing damaged discs or to remedy the condition of scoliosis. But Infuse Bone Graft has been linked to complications that have occurred during off- label use, specifically in surgery in the neck.

The family of Shirley Nisbet has sued Medtronic over the Infuse Bone Graft after the California woman died in August 2008, says a report. Nisbet had spinal-fusion surgery using Infuse in her neck. After her surgery, the suit says, Ms. Nisbet went into respiratory arrest and a coma and was kept alive by artificial means until she died.

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January 12, 2009

Flordia Protected From Salmonella Outbreak So Far By Peanut Butter Recall

Grab the kids' school lunches. The salmonella outbreak that has expanded to 43 states sickening up to 474 individuals.

Florida continues to dodge the bullet, though the peanut butter distributed in question from Peanut Corp. of America does distribute to our state. Follow the salmonella outbreak and the national picture through the Centers for Disease Control and Prevention page that is set up just for that purpose.

The latest report is that Kellogg, the cereal giant, is asking stores to pull its Keebler and Austin brand peanut butter crackers from shelves. Anyone with these products who would like a product refund can call the Kellogg Consumer Response Center at 888-314-2060.

Kellogg of Battle Creek, Michigan says it has not received any complaints or discovered any problems but it does use peanut paste from Peanut Corp. of America which has recalled its peanut butter.

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January 8, 2009

Laid off Florida Workers Can't Afford Health Care

It sounded like a good system.

When you lose your job, you have the option to extend your medical insurance for another 18 months until you find another job. That’s what COBRA is supposed to do to get you through.
A new study says that Florida is one of nine states where the cost of COBRA exceeds your unemployment benefits. The likely outcome is you won’t be able to afford extending your health care coverage unless you dip into your savings.

For example, COBRA premiums cost an average of $1,037 a month for a family. The unemployment insurance pays $1,013. Do the math.

The report is issued by Families USA and comes from the U.S. Department of Labor.

This is sobering news at a time when the nation’s unemployment rate is 7.2 percent, the highest reported in 15 years. Last October, Florida’s unemployment rate also hit a 15-year high at 7 percent, according to the state’s Agency for Workforce Innovation. That represents 655,000 out of work among a 9.3 million strong work force.

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December 31, 2008

Healthcare Crisis Across Florida

Florida is in the midst of a health care crisis which needs to be addressed by the next session of our state legislature.

First there was the failing grade for access to Florida’s emergency rooms. Then there was a forecast of a doctor shortage with the word that the majority of the state’s doctors are over the age of 45.

The latest report came in December when the U.S. Bureau of Labor Statistics reported a ten-year high for mass layoffs in health care in the state. Mass layoffs are defined as a staff reduction of at least 50 people. Florida only trails California and Indiana in layoffs with more projected for the next few months.

What’s interesting is that layoffs are happening at a time when medical care is one of the few growth industries. With a doctor shortage in the making added to reports that 13 percent of state doctors plan to reduce or leave medicine altogether in the next five years – who will take care of our population?

What might help immediately is a reduction in the high medical malpractice insurance our state doctors pay - reported to be the highest in the country. With doctors paying from $50,000 to $200,000 a year, some doctors are opting out of carrying any medical malpractice insurance at all.

When is the last time you asked your doctor if they have medical malpractice insurance. Some may fail to notify you of that fact.

Reportedly the trend of going without medical malpractice insurance is rising with one-quarter to one-third of South Florida and one-eights statewide opting out of malpractice insurance under a state law that provides that loophole.

Next time you visit a doctor ask and have them put their answer in writing. It would be wise to think twice about visiting any doctor who does not carry Florida medical malpractice insurance and wiser still to have our state legislature revisit the insurance giants medical malpractice premiums that are creating a costly situation no one can afford. #

December 6, 2008

Florida’s Health Ranking Drops To 45th

Florida used to rank 41st in states in terms of health, now that number has dropped. Florida was No. 45 in the latest America’s Health Ranking.

Statistics in Florida come from the Department of Health.

The drop is at least partially attributable to the higher rates of uninsured people in Florida, and high incidences of infectious disease.

On the flip side - positives are that our state has a low rate of air pollution and maybe because of the beaches, a lower rate of obesity than some states.

Also the number of folks who smoke has dropped by 8 percent.

Particularly upsetting is the number of children in Florida who live in poverty- that increased by 23 percent.

And if you are black, you are twice as likely to have a low birth rate baby, than if you are a non-Hispanic white.

States were ranked by 22 health measures from infant mortality, to heart disease deaths, immunizations, violent crime, among other criteria. Unfortunately access to health care also falls along racial lines with 43.8 percent of Hispanics lacking health insurance compared to almost 18 percent of non-Hispanic whites.

While the healthiest state was Vermont followed by Hawaii, the states ranking lowest in the survey are all in the south - Texas, Tennessee, South Carolina, Mississippi and Louisiana.

The purpose of the report is to stimulate action by individual communities and public health professionals to improve the health of the population of the US.