Detroit Medical Malpractice Blog

Transvaginal Mesh Has Caused Thousands Of Women To Suffer

2012-05-08T15:12:26Z

For many years, surgical mesh was routinely implanted in women who underwent pelvic organ prolapse (POP) or stress urinary incontinence (SUI) surgery. Mesh manufacturers boasted that their products were wondrous: Improving the success of surgeries while reducing healing time - all without a threat of serious side effects. Some transvaginal mesh manufacturers funded medical studies to help support their claims in the medical community.

Unfortunately, doctors were largely convinced by the hype and surgeons began routinely implanting women with surgical mesh devices, or bladder slings. The U.S. Food & Drug Administration (FDA) didn't scrutinize the products either, choosing to rely on mesh's past use in hernia repair operations as proof of its safety for vaginal use.

]]> Several years ago, many brave women began coming forward with personal horror stories associated with their mesh implants. A few of the common complaints include:

• Mesh erosion through the vaginal tissue

• Infection

• Bleeding

• Urinary problems

For most women, the most debilitating symptom of vaginal mesh complications is pain. In one woman's vaginal mesh lawsuit, she described the pain from her implant as "worse than childbirth."

The pain can even be felt by the implanted woman's spouse or partner. Dyspareunia - or painful intercourse - is one of the most personal and damaging symptoms of vaginal mesh; it can create physical pain for both the man and woman.

Surgical mesh lawsuits have flooded in the dockets in recent years. Manufacturers - such as Johnson & Johnson, Boston Scientific, American Medical Systems and C.R. Bard - are finding themselves named as defendants in hundreds of lawsuits. The complications from their products have had a profound impact on thousands of women's lives and often necessitate multiple corrective surgeries to remove the devices.

If you or your partner is suffering from the debilitating side effects of vaginal mesh, contact an experienced Michigan surgical mesh attorney to discuss your legal options for securing compensation.

At McKeen & Associates, we understand the personal nature of the harm you've suffered; we're happy to confidentially discuss your case and help you find the avenue of recourse that's best for you and your family.

Source: AboutLawsuits.com, "Vaginal Mesh / Bladder Sling Lawsuits," July 1, 2011

Debate Continues On, Which Is More Deadly: Warfarin or Pradaxa?

2012-05-02T15:50:07Z

People who are at high risk for stroke are in a difficult situation. Strokes can be deadly, and even when victims survive they often suffer from partial paralysis, speech problems or brain damage. Yet, anti-stroke medications such as warfarin and Pradaxa present potentially fatal side effects of their own. Patients are often left with an incredibly difficult decision: Should they medicate - and if so, which drug is safest?

Medical experts recently warned patients of Pradaxa's propensity for causing brain bleeding, or intracranial hemorrhages. The warning was particularly disconcerting because patients were hoping for a safer alternative to an anticoagulant already in the U.S. market, warfarin - often known by its brand-name, Coumadin. Although a recent study suggests that Pradaxa presents a significantly lower risk of fatal bleeding than its competitor, warfarin, the debate continues on.

]]> Researchers at McMaster University recently scrutinized a study published in the medical journal "Stroke," which studied more than 18,000 patients taking anti-stroke blood thinners. The study found that brain bleeding killed 13 people receiving standard 150 mg doses of Pradaxa; 19 fewer deaths than the 32 experienced by patients taking standard doses of warfarin.

Still, many medical leaders aren't convinced by the study. Some doctors believe that the study's results are tainted by bias; the research was funded by the manufacturer of Pradaxa, Boehringer Ingelheim. Funding concerns aside, a variety of researchers examining the Boehringer study have concluded that it's fundamentally flawed.

While the debate rages on, high-risk stroke patients are left wondering what to do. It's not an easy decision and one that should only be made after consulting with multiple doctors, if possible.

If you or a loved one is the unfortunate victim of an intracranial hemorrhage while taking Pradaxa or Coumadin, it's wise to promptly contact an experienced Michigan medication attorney to discuss your legal options for recovering money damages.

Source: AboutLawsuits.com, "Pradaxa brain hemorrhage risk lower than with Warfarin: Study," April 23, 2012

Da Vinci system proves dangerous in the hands of some surgeons

2012-04-24T20:21:36Z

The da Vinci Surgical System is a robotic instrument that allows surgeons to create tiny incisions in their patients. The device purportedly allows surgeons to create incisions with a level of accuracy that cannot be achieved by the traditional tools of hands and a scalpel.

Because of its high potential for successful surgeries, the da Vinci system has quickly become in high demand across the nation. Unfortunately, the aggressive push for innovative surgery has pushed some doctors to use the da Vinci robot on patients without first attaining a proper amount of skill and experience. While the da Vinci device has the ability to benefit patients, it can easily hurt them through surgical mistakes made by an inexperienced surgeon.

]]> A surgery mistake with the da Vinci Surgical System can cause devastating burn or tear injuries to the patient's organs. Further, recent medical studies have questioned whether the da Vinci robot actually improves a patient's outlook. The Journal of Clinical Oncology recently analyzed the results of hysterectomy procedures and found that the da Vinci system raised the cost of the surgery by nearly $2,000 while showing little evidence of medical benefits.

If you are considering the da Vinci Surgical System for your surgery, please ensure that your surgeon has a lot of experience with the robotic device. If you've been the victim of an operating room mistake, contact a skilled medical malpractice attorney to discuss your legal options for securing financial compensation.

Source: AboutLawsuits.com, "Tears, burns, other complications linked to da Vinci surgical robot," April 9, 2012

Study: Electronic medical records surprisingly costly to patients

2012-03-12T21:16:50Z

Electronic medical records have been touted as a tool to increase the quality of health care while decreasing the expense to the patient. This sensible proposition is facing an unexpected setback after a recent study published in the medical journal Health Affairs suggests that the cost of healthcare may increase when doctors use electronic records ("Health IT").

The popular belief is that Health IT provides physicians with easier access to a patient's medical history, allowing the doctor to make more-informed decisions on what laboratory tests may be useful. The comprehensive e-record system should reduce the number of unnecessary lab tests, according to theory; however, the new medical study hinted at the opposite.

]]> The collected data revealed that physicians using Health IT ordered patient lab tests 18 percent of the time, while doctors using a traditional paper system only ordered tests for 12.9 percent of their patients. The results are troubling because they suggest that physicians using Health IT may be more imprecise in understanding what tests are necessary. Perhaps the use of e-records correlates to a physician's age, and the younger generations of doctors are less skilled at diagnosing cancer and other time-sensitive health problems?

The Health Affairs report will certainly prompt follow-up studies, as a larger sampling of data is needed to make a fully informed opinion on the impact that electronic medical records will have on the quality and cost of healthcare.

If you or a loved one has suffered from a hospital's negligence or doctor's mistake, contact an experienced medical malpractice attorney to explore your legal options.

Source: CNN News, "Electronic medical records may add to costs," Stephanie Smith, March 6, 2012

Study: 15 percent of surgeons have drinking problems

2012-02-27T22:17:16Z

A successful surgeon needs steady hands and good judgment, two things not commonly associated with doctors who have drug and alcohol problems. That makes the results of a recent medical study particularly unsettling for patients across the nation. According to University of Washington researchers, 15 percent of surgeons abuse alcohol or have dependency issues.

The study scrutinized the survey answers of 7,200 surgeons and uncovered many alcohol or drug problems through a series of questions about the participants' work, mood and lifestyle choices. Surgeons with drinking problems were 45 percent more likely to report making a major medical error in the past three months when compared to colleagues showing no signs of alcohol or drug dependency.

]]> Given the potentially fatal nature of surgery errors, patients are not eager to chance their success and survival upon the abilities of someone with substance-abuse problems. If a surgeon cannot find safe and effective ways to combat the stress and challenges of his job, he needs to find a different line of work - no patient deserves to face unnecessary risks.

If you or a loved one has been injured by a negligent surgeon, contact an experienced medical malpractice attorney to discuss your rights to recovering damages.

Source: Reuters, "Alcohol problems not uncommon among surgeons: study," Feb. 22, 2012

Pfizer recalls 1 million defective birth control pill packets

2012-02-03T21:10:24Z

In a nearly-unbelievable mistake, Pfizer has issued over 1 million packets of birth control pills that may be ineffective. The pharmaceutical firm is scrambling to recall the drugs, but many women have unknowingly been exposed to an increased risk of pregnancy.

The mistake concerns Lo/Ovral-28 tablets and generic Norgestrel and Ethinyl Estradiol tablets. Women who use these products should check the expiration date of their meds: The recalled drugs have expiration dates spanning from July 31, 2013 to March 31, 2014.

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The serious mistake occurred at the packaging stage, as the birth control packets contain too few active pills and too many inactive pills, or vice versa. In the former scenario, women face a much higher risk of an unanticipated pregnancy. Pfizer states that women using the defective packets are not at risk for health problems, unless - of course - pregnancy itself poses a health risk to the woman.

A woman who is unknowingly pregnant may use alcohol or take medications that are harmful to a fetus. Even seemingly harmless medication such as acid-reflux pills can present an increased risk of birth defects to a fetus. Should this unfortunate situation occur, Pfizer can be held liable for the harm caused by its serious medication error.

If you have been exposed to Pfizer's defective birth control packets and experience an unplanned pregnancy, contact an experienced Michigan medication error attorney to discuss your legal options.

Source: NyDailyNews.com, "Pfizer recalls 1 million birth control packets," Associated Press, Feb. 1, 2012

Surgeon's delay caused woman lifelong disorder; jury awards $1.5M

2012-01-24T21:57:08Z

After roughly eight years, an Indiana woman's medical malpractice claim has finally been resolved via a favorable jury verdict. The $1.5 million jury award is bittersweet; however, because the woman's suffering will continue throughout her lifetime.

In 2003, a 21-year-old woman visited the hospital with severe abdominal pain. She consulted a surgeon, who advised her to have part of her intestines removed the following day. The patient agreed and returned for her surgery, but the doctor changed his mind and said they could delay the procedure. The woman's condition worsened over several days and she ended up having emergency surgery performed by another surgeon.

]]> The patient's entire bowel needed to be removed, as she had been suffering from ischemic bowel disease - also known as "dead bowel." She filed a medical malpractice lawsuit, claiming that part of her bowel could have been saved had the surgeon performed the procedure as originally planned.

A Clark County jury agreed, but - as in nearly every malpractice case - the victim would gladly return the money if she could reverse the devastating effects of the surgery error. With her dramatically-shortened digestive system the patient has trouble getting adequate nutrition, as she passes food within a half-hour of eating. Her life is not only full of constant inconvenience, but pain, too. The victim suffers from bloating, severe enough that it's physically visible.

Nobody should have to go through such daily pain and suffering because of medical negligence. If you or a loved one has suffered severe harm from a doctor's error, contact an experienced medical malpractice attorney to discuss your legal rights for financial compensation.

Source: newsandtribune.com, "Jury awards $1.5 million in medical malpractice suit," Matt Thacker, Jan. 20, 2012

New law: Drug manufacturers must disclose payments to doctors

2012-01-19T16:45:29Z

Recent drug recalls and withdrawals of Food and Drug Administration (FDA) approval evidence serious safety concerns over many pharmaceutical drugs placed on the market. The pharmaceutical industry has grown tremendously over the past several decades and drug manufacturers have been reaping the benefits with record-setting profits.

In the drug industry, the medical needs and safety of consumers has often been placed at a lower priority than sales figures. Pharmaceutical companies routinely rush drugs onto the market without conducting medical studies that properly examine the side effects and effectiveness of the medication. The U.S. government is seeking ways to halt this dangerous practice and a soon-to-be-implemented rule is an important step toward this goal.

]]> Drug firms are now required to disclose the payments they make to doctors who study, test and promote their products. The rule will provide more insight into the financial relationship between drug makers and physicians. When a drug firm pays a physician to examine a drug, it encourages an undeniable bias in the product. The government hopes that the new rule will help make the initial medical studies more transparent, ultimately resulting in an increase in the safety of drugs.

The new requirement is just a small step toward getting a tighter grip on an industry that has routinely been compromised by the greedy need for bigger profits. Unsafe drugs will still enter the U.S. market, putting people and families at risk.

If you or a loved one has been injured by a dangerous drug, contact a skilled medication error attorney to discuss your legal options for recovering financial damages.

Source: The New York Times, "U.S. to force drug firms to report money paid to doctors," Robert Pear, Jan. 16, 2012

Zoloft Lawsuits

2012-01-12T21:23:41Z

A number of Zoloft birth defect lawsuits have been filed recently across the country. The lawsuits have raised claims that Zoloft taken by pregnant mothers have caused severe birth defects, some fatal. The defects include persistent pulmonary hypertension (PPH), heart defects, lung defects, abdominal defects, cranial defects and other malformations. The lawsuits have alleged the manufacturer of Zoloft, Pfizer, intentionally covered up data for years that demonstrates Zoloft was dangerous to pregnant women and their unborn children. It is also alleged Pfizer knew of the risks from studies, did not properly study Zoloft, and did not properly publish the data which would have reflected the risk. Even today Pfizer continues to deny the dangers and has not revised its drug labeling.

]]> In Michigan, MCLA 600.2946, amended in 1996, immunizes the Drug Manufacturer or Seller if the FDA approved the drug. There is an exception if there was intentional withholding of information to the FDA, or misrepresentation of information to the FDA by the Drug Manufacturer or Seller. Michigan's law which effectively immunizes Drug Manufacturers/Sellers has been roundly criticized nationwide. It was passed by a Republication administration in tandem with other so-called tort reform measures which selectively targeted medical malpractice litigation. The medical malpractice "tort reform" debate continues to arise in the current Republican presidential debates. Michigan's draconian product liability law has deprived countless individuals of their "day in court" and unjustly enriched the drug manufacturers. The law has been decried in the National media, and should be abolished.

In the meantime, even under the current law, the current Zoloft litigation may be viable in Michigan. Injured Michigan families should have the same rights to be compensated for meritorious drug product liability lawsuits as do citizens in the other 49 states.

Put a lid on it: Lidless toilets in hospitals spread dangerous infection

2012-01-11T19:52:44Z

A newly published study in the International Journal of Hospital Infection concluded that bacteria that can cause a life threatening infection, Clostridium difficile, is spread when lidless toilets are flushed. The lack of a toilet lid allows bacteria-laden material into the air which can contaminate surrounding surfaces. The researchers found bacterial counts in the area near the toilet handle to be 12 times higher in a lidless toilet than one with a lid.

]]> These findings highlight the need for strict sanitation measures in the hospital especially around patients who are prone to infection. Frequent hand washing, use of hand sanitizer, and frequent cleaning of toilets and surfaces near toilets are simple and inexpensive steps that can reduce the spread of infection to health care workers and patients.

If you experience lack of sanitary conditions in a doctor's office, clinic, or hospital then develop an infection, please contact McKeen & Associates, P.C.; we will discuss your situation and provide you with sound legal advice.

Unusual Child Cancer, Unusual Medical Malpractice Case

2012-01-09T16:29:07Z

As Abby Simons reports for the Star Tribune, a Minnesota girl, only five years old, is said to have only a five percent chance that she will survive her battle with a rare type of cancer that attacks children. Were it not for the doctor's delayed cancer diagnosis, her parents argue, their daughter would not be in the precarious position she finds herself in today.

A bump had been growing on the girl's body since she was born. It took a pediatric oncologist's diagnosis - one year later - to identify what exactly the bump was: alveolar rhabdomyosarcoma (RMS), a muscular cancer that was already in stage IV because the cancer had spread.

]]> But her parents did not bring their medical malpractice claim against the pediatric oncologist; they brought their claim against their primary physician and the Family Practice Medical Center in Willmar, Minnesota, because it took over a year to reach that cancer diagnosis.

Presumably, the primary physician shrugged off the risk of the girl's bump, or misdiagnosed the bump entirely, and as it either grew or the girl began experiencing symptoms, her parents decided to take the next step and seek another opinion.

But, by then, their daughter was already in stage IV.

What makes this cancer misdiagnosis case unusual is the apparent ambiguity in Minnesota law: lawyers representing the doctor claim that the law only allows injured patients to sue if their odds of survival go from likely to unlikely, as Simons reports, as a direct result of delayed diagnosis or misdiagnosis.

"The case involves tragic, tragic circumstances, but it also involves an extremely aggressive, rare and naturally occurring disease," said defense lawyers.

The appeals court recently allowed the case to proceed.

Spotting the Signs of Cancer

Doctors cannot always spot signs of cancer; the signs simply may not exist, leading to a delayed diagnosis that is not necessarily the doctor's fault. However, in some delayed cancer diagnosis cases, the signs were there all along - like the girl's bump - yet the doctor failed to recognize or investigate them.

Source: Star Tribune, "Will false diagnosis cost Minnesota girl her life?" by Abby Simons, 1/4/12

Complications: The Adverse Side Effects of Steroid Injections

2012-01-06T21:11:41Z

"It is a very rare event, but it is not zero, and it's devastating," says James Rathmell, a doctor at Massachusetts General Hospital in Boston. "We used to say this is so safe." As David Armstrong reports for Bloomberg Businessweek, steroid injections - epidurals near the spinal cord - in some cases cause paralysis in patients.

Such is the case with 60-year-old Rollie Parrish, who, now wheelchair-bound, brought a claim for medical malpractice against his health care providers after suffering paralysis (from a stroke) after doctors administered a steroid injection meant to ease chronic pain in his neck and back.

]]> Of course, the market for steroid injections, as Armstrong reports, is said to be in the $300 billion range. So many Americans suffer from chronic back and neck pain, and the injections take very little time to administer - the costs of which are billed back to Medicare and private health care insurers.

Two Contributing Factors in Growth of Steroid Injections

The population is getting older, which leads to more people who have chronic pain. That's the first factor. The second factor is that it costs relatively little to administer the injections, yet Medicare and private health care insurers seem to be almost overpaying when it comes to reimbursement.

These two factors add up to a "boom in epidural shots," writes Armstrong,

The drugs used in steroid injections are known to be good at fighting inflammation, a significant cause of pain, but many injections are done too close to the spinal cord, or the drugs themselves are injected directly into arteries that cause blockages - which can lead to strokes, which is exactly what seems to have happened to Parrish.

Source: Bloomberg Businessweek, "Epidurals Linked to Paralysis Seen With $300 Billion Pain Market," by David Armstrong, 1/4/12

Does your Doctor or Nurse flunk the hand washing test? You have the right to ask!

2011-12-22T00:55:01Z

If your doctor or nurse scored below fifty percent on a test in school they would flunk. A recent study published in the December 2011 edition of the journal Infection Control and Hospital Epidemiology suggests that fewer than fifty percent of doctors and nurses wash their hands between patients. The widespread use of gloves (thought to reduce the risk of infection) may actually make doctors and nurses less likely to wash their hands.

]]> The risk created by the failure to wash hands between patients is obvious-infection can be spread from patient to patient by health care providers. This is a real risk with bacteria like MRSA so prevalent in hospitals and nursing homes.

The study suggests that when doctors and nurses use gloves they wash their hands even less frequently than when they do not wear gloves. The problem created by this false sense of security is that bacteria on the outside of gloves can be snapped back onto the bare hand when the gloves are removed. If the contaminated hands are not washed or disinfected, bacteria can be transmitted to the next patient.

Be an active participant in your health care. Be informed. You have the right to ask your health care provider to wash their hands before they take care of you, whether they wear gloves or not.

If you, a friend, or family member develops a hospital-acquired infection due to lack of sanitary conditions or there was a delay in diagnosis and treatment of an infection, contact McKeen & Associates, P.C.; we will review your information and advise you on your legal rights.

New Norovirus vaccine shows promise

2011-12-21T21:49:23Z

Norovirus is a virus which can cause severe gastrointestinal illness (nausea, vomiting, and diarrhea). The illness usually lasts between 24 and 72 hours and can lead to dehydration in children, debilitated persons, and the elderly. This virus has been isolated as the cause of widespread illness on cruise ships. A recent study published in the December 8, 2011 edition of the New England Journal of Medicine reports promising results for a vaccine to prevent norovirus illness.

]]> The study, sponsored by the National Institutes of Health and LigoCyte Pharmaceuticals, tested a vaccine on a group of healthy adults ranging in ages from 18 to 50. Some of the participants received two doses of the vaccine by nasal route while others received placebo. Participants were then inoculated with a common type of norovirus, called Norwalk virus. Those who received the vaccine had a lower rate of viral illness (37%) compared to the placebo group (69%).

This study, while showing encouraging results, highlights common limitations in clinical trials involving humans. The test subjects were healthy persons between 18 and 50 years old; however, those persons at greatest risk for complications from norovirus infection are not healthy persons between 18 and 50 years old-they are persons under 18, over 50, and those who are not healthy. It remains to be seen how effective the vaccine is (and what side effects occur) when tested on persons most at risk of complications from norovirus illness.

Running Makes Student-Athlete with Cerebral Palsy 'Feel Free'

2011-11-23T22:53:31Z

Cerebral palsy is a physical disorder that, among other things, can cause great difficulty walking and ambulating. But in student-athlete Sean Mitchell's case, he doesn't let cerebral palsy stop him from running track in high school.

It's not clear how Mitchell came to be diagnosed with cerebral palsy, based on the report in the Boston Herald; what is clear, however, is that this young man serves as an inspiration to others in his community.

]]> Online reader 'bridgeview,' for instance, writes: "One of the most powerful men in MA, the Majority Leader of the Senate, has CP, the reason you never see him giving speeches. Don't confuse a different thought methodology with lower intelligence. The sky is the limit for Sean. Go get 'em, kid."

Clearly, 'bridgeview' was inspired to comment based on Mitchell's determination. It's tough to read the description of how Mitchell runs: his knees collapse inward, his body leans to the right. But despite being diagnosed with cerebral palsy at birth, Mitchell just finished his fourth season of high school track, for a total of 12 seasons spent running through the years.

One of Mitchell's achievements includes halving his 5k time from one hour to less than 30 minutes. One of Mitchell's teammates says, "The other guys have become aware of someone who can overcome physical limitations."

As for Sean Mitchell, he says, "[Running] makes me feel free."

Source: Boston Herald, "Cerebral palsy can't stop Mass. high school runner," 11/13/11