Chicago Injury Lawyer Blog

Many of us in the legal world have been talking about the recent trend in recalled medical devices. Product liability and personal injury lawyers are especially concerned with the continually failing devices, and are concerned about the government process—one that is too rash and too lax on testing—that gets these devices on to the market.

MSNBC.com features an article on a recent device failure and its current investigation. In “Risky pelvic mesh highlights worries about FDA process,” Rita Rubin investigates a device called surgical mesh, intended to counter receding organs. Rubin specifically writes about Janet Holt, a woman who was affected by the uncomfortable organ slippage. When her bladder slipped out of place, her doctor recommended a surgical mesh device to prop up her insides. Unfortunately, this device only escaladed Ms. Holt’s problems, increasing her pain, and leading to multiple surgeries in order to remove the device, which had slowly eroded into her vagina.

Although there is no evidence that pelvic mesh provides benefit, surgical mesh is not getting pulled off the market, despite the rising adverse events the products are causing: “From 2006 to 2007, the FDA received more than 1000 reports of adverse events related to the mesh in women treated for pelvic organ prolapsed or stress urinary incontinence. From 2008, when the FDA first revealed its safety concerns, to 2010, the agency received nearly 3000 more.”
These failing devices are a part of a series of unfortunate events; multiple medical devices are failing and continuing to fail without FDA action. But, all of these defective products and adverse events could be avoided. Rubin cites a study of 113 recalls from 2005 to 2009 found in the journal Archives of internal Medicine reports, “Of those [113 recalls], only 21 of the devices had been required to be tested on patients before receiving FDA approval.”

Continue reading "Defective surgical mesh sparks more questions about FDA’s testing process " »

New medical guidelines for cancer survivors urge them to exercise more, even for cancer patients who are not yet finished with treatment. (L. Neergaard, AP Medical, 6/29). These guidelines take into account growing evidence that “physical activity improves quality of life and eases some cancer-related fatigue… [and] can help fend off a serious decline in physical function that can last long after therapy is finished.”

For example, a UAB Medical center doctor confirms that “in one year, women who needed chemotherapy for their breast cancer can see a swapping of muscle for fat that's equivalent to 10 years of normal aging.” Thus, physical activity is essential post chemotherapy treatments.

Moreover, “among the nation's nearly 12 million cancer survivors, there are hints - although not yet proof - that people who are more active may lower risk of a recurrence. And like everyone who ages, the longer cancer survivors live, the higher their risk for heart disease that exercise definitely fights.” In short, the benefits of light physical activity, walking the dog or playing golf, for example, are immense, and as a personal injury and medical negligence attorney in Chicago, I am hopeful that everyone, especially cancer patients, get outside this summer and exercise.

As a personal injury attorney in Chicago, who has seen the effects of radiation gone bad, I fully support the FDA in their new initiative to rein in radiation overdoses.
In response to a problem that has becoming increasingly apparent for decades, “the Food and Drug Administration is working with doctors and medical manufacturers to reduce unnecessary radiation exposure from medical scans.” (2/9 Washington, AP).

The FDA says it will soon require manufacturers of CT scanners and other imaging machines to include safety controls that prevent patients from receiving excessive radiation doses. This initiative is part of a multifaceted scheme to reduce radiation-based injuries.

One study discovered that “the average American's total radiation exposure has nearly doubled since 1980, largely because of CT scans, according to recent studies.” Whereas medical radiation used to account for one-sixth of the population’s total exposure, it now accounts for more than half.

As a Chicago attorney who has tried elderly care cases, I am thrilled to see this new wandering device for Alzheimer’s patients. One of the scariest issues surrounding the degenerative disease is the propensity to wander and become confused with their surroundings. Since, more than 5 million Americans are estimated to be living with Alzheimer's, the new technology has the potential to allow many family members to worry less about their elderly loved ones (AP for Findlaw, 11/17, Neergaard). As many as have of the 5 million figure have very early stages of the disease and have many independent years ahead of them before the disease runs it course and becomes too severe for adequate cognitive function. For patients in this situation, the technology may have its greatest impact.

At some point, however, the majority of Alzheimer's patients will begin what is called wandering, at which point more intense supervision is required to ensure their safety. This is when many families decide a loved one should make the move to a 24 hour care facility.

A growing number of states are adopting "Silver Alerts" programs, modeled off the Amber Alert for missing Children, that notify the public when an Alzheimer's patient or other cognitively impaired adult wanders off. While this is useful in severe situations, many families want a more personalized solution.

So, the new Comfort Zone program goes a step further, “with a Web-based mapping service that works with multiple brands of tracking transmitters. First out are a pocket-size transmitter and a car version, while a harder-to-remove wristwatch style and one secreted in shoes are being explored. Families can check where Dad is at any given time, or in an emergency track his movements every 2 minutes while someone heads him off.” This technology has the potential to help many families feel good about elderly loved ones and may even keep some Alzheimer’s patients at home and under family care longer.

Important new research has linked posttraumatic stress disorder to “implicated ills of the body…suggesting it may be associated with death after surgery” (CNN, E. Landau, 10/24). The study shows “that veterans with PTSD were more likely to die within a year after surgery than those without the disease, regardless of how many years have passed since their service,” and is the first to study the mortality rates of PTSD patients after surgery.

Approximately 6.8% of Americans have PTSD at some point during their lives, and considering the quantity of PTSD patients stands to increase over the next few decades, the implications of the new research hold critical weight. Physicians should “treat PTSD not only as a mental condition, but also as an independent risk factors for other health problems.” As a Chicago attorney who specializes in both personal injury and medical negligence cases, I am pleased that this research is being circulated in the medical community so physicians can consider these new important factors.

Kristen Kridel reports for the Chicago Tribune about a dangerous consequence of not adequately maintaining your pool – mosquito breeding (7/29). Entomologist George Balis says unkempt swimming pools are just another sign of tough economic times. Neglected swimming pools are a haven for mosquitoes that can transmit West Nile virus, and local experts say the number of neglected swimming pools is on the rise. For example, according to the Lake County Health Department, “the number of desolate pools in Lake County has doubled in just a few years…Buffalo Grove also has seen an estimated twofold jump.”

Murky, brownish green water with a noticeable smell is a haven for mosquito breeding, and “one mosquito can lay 50 to 250 eggs in a batch.” Mr. Balis further offered “two ways to keep mosquitoes out of a pool are to keep it chlorinated and turn on the pumps regularly.” However, there has been at least one positive outcome from a cooler than normal summer – the ability of the West Nile virus to spread has been reduced. This season, “four batches of mosquitoes have tested positive for West Nile virus” in the Northwest district of Illinois “down from several dozen infected batches by this time in 2005.”

As a personal injury lawyer in Chicago, I encourage all swimming pool owners to keep their pools clean. Even though cooler than average temperatures have had a positive effect on the West Nile virus, temperatures have been warming up lately and the summer season is not over.

Hurley McKenna & Mertz is familiar with nursing home cases involving abuse and neglect and has two notable settlements of 3,750,000 and 1,200,000 in nursing home cases . An article in the Chicago Reporter by Jeff Kelly Lowenstein reveals that Illinois is one of the worst states for nursing home care, and discusses the racial divide between the level of care provided at nursing home facilities. As a personal injury lawyer I am disappointed in the overall quality of nursing home care in Illinois and am particularly saddened by the apparent discrepancy in care between races.

One terrible incident covered in the Chicago Reporter article talks about the event that lead to a near-death experience and unnecessary emergency room visit for Luzella Roberts. A nurse at International Nursing and Rehabilitation Center performed dialysis in her left arm with a syringe when doctors notes explicitly said dialysis was to take place only through a catheter in her right arm. Her daughter came to visit two hours later to find her face gray and swollen. When she screamed for the nurse to remove the needle, her mother began to bleed uncontrollably and was rushed to the emergency room. Mrs. Roberts nearly lost the arm that had “for 60 years had cooked dinner for her husband, dressed her four children, and had three weeks earlier cupped her newest great-granddaughter” entirely because of careless caregivers.

The Chicago reporter did further analysis of nursing homes in Illinois and made many shocking discoveries including that Illinois is “arguably the worst state in the nation for Black senior citizens seeking quality nursing home care.” The reporter analyzed the records of 15,000 nursing homes in Illinois and ranked them on a 1 to 5 scale, 1 being the worst. The worst rating “was given to 57 percent of [majority] Black nursing homes, compared to 11 percent of [majority] white nursing homes.” Furthermore, an excellent rating was given to 29 percent of white nursing home but zero black nursing homes. Some argue that the disparities are a result of differences in staffing levels and staff qualifications, others feel as though it is “blatant racism.”

Even when controlling for poverty, The Reporter found that “poverty did not reduce the inequities. Homes where most people were white got far better care than nursing homes where the majority of residents were black, even if both were poor.” These kind of results necessitate legislative action, but unfortunately very little has been done. Many advocate for stripping the homes with consistent poor ratings of their funding.

A lawsuit testing the constitutionality of Illinois' medical malpractice damage caps is expected to come before the Illinois’ Supreme Court this fall. The 2005 state law limits medical malpractice awards for non-economic damages such as pain and suffering to $500,000 for doctors and $1 million for hospitals. The law does not limit compensation for economic damages such as the cost of medical care and lost wages.

The case that could overturn the law was filed by Frances LeBron, whose daughter Abigaile was seriously injured during her October 2005 birth. The complaint alleges that the girl suffers mental impairment and cerebral palsy and will need extensive medical care for the rest of her life. In November, Cook County Circuit Judge Diane Larsen sided with plaintiffs and declared the law unconstitutional and invalid in its entirety. She said the statutory limits on awards interfered with juries' responsibility to award appropriate compensation for injuries.

At least twice before the Supreme Court has declared laws that limit personal injury awards to be unconstitutional, partly on grounds they violate the separation of judicial and legislative powers. Arguments before the high court have not been scheduled but could come as early as next month. A consistent ruling by the Supreme Court will mean that this law limiting the damages of the most severely injured victims will be rejected like those before it. If you have comments about this post, please contact Chicago Medical Malpractice Attorney Chris Hurley at (312) 553-4900.