Meningitis Outbreak: Malpractice and Product Liability

Although the source of a recent meningitis outbreak has been traced back to the New England Compounding Center, the impending legal process doesn't figure to be nearly as swift -- or as clear. While plaintiffs are gearing up with lawsuits to secure compensation for the infections and, in many cases, tragic outcomes, it is not readily clear how the courts will determine the outbreak itself -- and those decisions will greatly impact the results of the legal process.

 

Although a contaminated steroid injection was distributed and administered to patients in Arizona and elsewhere across the United States, including the Greater Cincinnati area, determining fault precisely could be a fluid and less than exact matter. Although the compounding center itself was responsible for causing the infection, hospitals and clinics could be on the hook for a number of medical malpractice and wrongful death lawsuits.

 

But it's unclear whether the courts will decide that the injections are a product -- and therefore subject to product liability lawsuits -- or services administered by the health care facility. In either case, the hospital facilities could be liable due to hospital negligence, but the definition will affect how the legal process plays out. The burden of proof is different in product liability and medical negligence cases, respectively. As a result, it's expected that plaintiffs will in a number of cases file both product liability and medical malpractice complaints.

So far, 29 individuals have reportedly died after receiving the injections, with another 400-plus being infected. It is estimated that up to 14,000 people were exposed to meningitis through the injections.

 

Source: Insurance Journal, "Meningitis lawsuits: Product liability or medical malpractice?" Nick Brown, Oct. 24, 2012

 

If you have a medical malpractice or product liability issue, call me, Christopher L. Jackson, Attorney at Law at (859) 261-1111.

Medication Errors are an Increasing Problem for Ohio and Kentucky Residents

Many people rely on doctors to provide accurate medical diagnoses and pharmacists to properly fill prescriptions. However, sometimes these expectations are not met. Unfortunately, the result of a misdiagnosis or a prescription mistake can be severe for patients, who often have to file a medical malpractice claim to get their lives back on track.

 

As Americans continue to use an increasing number of medications, it becomes more likely that doctors and pharmacists, if they fail to provide appropriate care, will end up confusing prescriptions. However, medication and pharmacy errors can cause serious personal injuries, and it is patients who are left to pick up the pieces.

 

At least 1.5 million people are harmed each year from medication errors. According to a report released by the Institute of Medicine, hospitals experience at least one error in medication per patient each day.

 

Sometimes patients misunderstand directions and cause their own medication errors. Still, there are other times when a doctor prescribes the wrong medication or the pharmacist makes a mistake in filling a prescription. In these cases, the patient may be entitled to compensation for damages suffered as a result of medical negligence. When a hospital or pharmacist fails to meet a reasonable standard of care, and that failure causes harm, injury or even death to another person, then that person or their family is entitled to compensation through a medical malpractice claim. In the event that the patient is fatally injured, this may also lead to a wrongful death claim.

 

Medical malpractice cases can be emotionally draining and complicated for all parties involved. Ohio residents who have been injured as a result of medical negligence should be fully aware of their rights as victims. If you or someone you love are a victim of a medication error, contact me, Christopher L. Jackson, Attorney at Law, at (859) 261-1111.

 

Highly Publicized Wrongful Death Trial Begins in Philadelphia

FOX News is reporting that video played at the opening of a wrongful death trial shows that one of two Hungarian tourists killed in a boat collision threw her life vest to a deckhand who jumped overboard just before the crash.

 

Attorney Robert Mongeluzzi said 16-year-old Dora Schwendtner threw her own life preserver to the deckhand moments before their sightseeing boat was run over by a tugboat-guided barge on Philadelphia’s Delaware River.

 

The families of Schwendtner and 20-year-old Szabolcs Prem, are suing the tour company and the tugboat operator, saying unclear safety policies and ineffective training caused the collision.

 

Tug operator K-Sea Transportation and duck boat operator Ride the Ducks blamed each other Monday for causing the July 2010 crash.

 

Prem and Schwendtner, whose group was visiting the U.S. through a church exchange program, drowned when their amphibious tour boat capsized and sank after being struck by the barge on July 7, 2010.

 

Their families have filed wrongful death lawsuits against K-Sea Transportation of East Brunswick, N.J., which operated the tugboat guiding the barge upriver; Ride the Ducks of Norcross, Ga., which operated the tour boat; the city of Philadelphia, which owned the barge, and others. But before the wrongful death lawsuit may proceed, a judge must decide whether a limit should be set on the financial liability of the two boat owners. K-Sea and Ride the Ducks, citing an 1851 maritime law, want the judge to cap their financial liability based on the value of their own vessels involved in the crash: $1.65 million for the tug and $150,000 for the duck boat.

 

Read more: http://www.foxnews.com/us/2012/05/07/fatal-tour-boat-crash-trial-to-begin-in-philadelphia/?test=latestnews#ixzz1uH2dfiAr

Nursing Home Abuse

The thought of it is disturbing, but abuse of the elderly occurs all too frequently. They are some of society's most vulnerable people, but senior citizens are at perhaps their most vulnerable when their living situations make it clear that they cannot easily defend themselves.

Nursing home abuse takes many forms, but all of it is damaging in some way – emotionally, physically, or financially. As the elderly population increases and the social dynamics of our society begin to favor nursing home care over in-home care, we must be evermore vigilant in protecting senior citizens from abuse. Knowing the the signs of nursing home abuse and contacting an experienced lawyer if you know of or suspect abuse is critical in the fight against nursing home abuse and neglect.

Understanding types of nursing home abuse may go a long way to preventing it in our society, or at the very least protecting your loved ones from suffering its consequences.

Physical Abuse

Physical abuse in nursing homes is a major problem in the United States today. Physical abuse can be defined as non-accidental use of physical force against an elderly person. This force can result in pain and impairment; in extreme instances it can result in death if the injuries are untreated through nursing home neglect (another significant form of abuse). Physical abuse can also include the inappropriate use of drugs for a variety of reasons, including incapacitation, or the unnecessary use of physical restraints.

Physical abuse is perhaps the most obvious form of abuse because its impacts can be observed by others in the form of bruises or injuries. Unfortunately, other forms of abuse can damage an elderly person in much more subtle or even hidden ways.

Emotional Abuse

In this type of nursing home abuse, the elderly person can be left in emotional pain or distress or even a state of anxiety or fear. Abusers speak to the elderly person in a way that can leave a lasting impact and even lead to physical symptoms if the anxiety caused by the abuse is significant enough.

Types of verbal emotional abuse include shouting or threatening language, ridicule and verbal humiliation, and consistent blaming of the elderly person for things that are not his or her fault.

Emotional abuse can also be passive. While less aggressive, it has the potential to be equally damaging. These passive means may include ignoring the elderly person or subjecting him or her to states of extended isolation. Often categorized separately, this isolation and neglect can be so extensive that caregivers are no longer fulfilling the legal obligations of their positions. While neglect may even be unintentional, this form of nursing home abuse can still severely damage the emotional well-being of an elderly person.

Financial Fraud and Exploitation

Perhaps the most common form of abuse of the elderly is financial. These abusers use their position of authority to extort money or simply gain the trust of an elderly person, especially one who is lonely and predisposed to any friendly approach. The financial fraud may be as simple as slowly stealing money from an elderly person or as complex as a scam designed to completely deplete a person's life savings.

Caregivers and strangers are both potential perpetrators of this abuse, and so it is important to understand the ways in which it might happen.

It is possible that caregivers could intentionally misuse an elderly person's credit cards or bank account information. It would not be unusual for a caregiver to have access to this information, and so care should be taken to limit the possibility that these funds could be accessed without the elderly person's permission. A more complex and sinister shape that this abuse could take is outright identity theft, which would be particularly easy for a caregiver in a position to access all of the required information.

A potentially more damaging form of fraud perpetrated by caregivers is healthcare fraud. In this type of fraud, money is charged for services that are then not delivered. They may be services or medications that the person desperately needs but will not receive. This form of nursing home abuse could result in illness or death, and so medical services and providers should be monitored closely.

A range of scams perpetrated by con artists tend to directly target elderly people. A particularly common one is a prize announcement in which the victim is told they have been awarded a "prize," but an up-front fee must be paid to claim it. This is always a scam. Another scam often targeted at the elderly is a fake charity. With a little inside knowledge, the charity can be tailored to the elderly person's personal interests and charitable tendencies. When the check is written, however, all the money goes to the scam artists.

Sexual Abuse

Easily the most distasteful form of nursing home abuse is the sexual abuse of the elderly. This is non-consensual sexual contact or interaction, usually between a caregiver and an elderly person. This is troublesome for its very nature, of course, but also because the caregiver is in a position of authority, power, and dominance over the potentially incapacitated victim.

This form of abuse does not necessarily have to be physical. It can also include the forcible viewing of pornographic material or sexual acts, or forcing the elderly person to undress without cause.

Other forms of Nursing Home Abuse

Other forms of nursing home abuse can include (but is not limited to):

• Dehydration
• Malnutrition
• Bed Sores
• Medication Errors
• Transport Injuries
• Falls on the Nursing Home Property
• Sudden, Wrongful, or Unexplained Death
• Wandering Off
• Hazardous or Unsanitary Conditions

If you or someone you know needs assistance with nursing home abuse, contact the Law Offices of Christopher L. Jackson, LLC. In Ohio, please call (513) 861-8000. In Kentucky, please call (859) 261-1111. For more information, please visit www.christopherjacksonlaw.com.

 

Is Your Wire Grill Brush a Dangerous Product?

With the weather getting warmer, more people will be going outside to turn on the grill and start cooking meat, poultry, and other food items. While grilling is considered healthier than frying foods, there are also some risks involved. E.coli risks go up if you fail to properly grill your meat or chicken or you cook contaminated food products and burnt meat can contain carcinogens. However, there is another possible health risk being reported that involves use of a wire grill brush. Used to free up charred remains from the grill and protect the grill rack from damage, some medical professionals are reporting that there are patients seeking treatment for injuries because they've accidentally ingested the brush's wire bristles.

According to a study involving doctors at Rhode Island Hospital, between May 2009 and November 2010, six patients were admitted to the emergency room there because of wire bristle ingestion. These patients came in complaining of abdominal pain and painful swallowing. They all had just eaten grilled meat. CT scan and x-ray results showed that there were wires in the abdomens and throats of the patients. The doctors determined that these were the grill brush bristles that had come off and gotten stuck in the meat.

The study's lead author, radiologist David Grand, says they don't know if this is a widespread problem. He is, however, calling for more research. Meantime, our products liability law firm will continue to monitor developments surrounding the wire grill brush and we will bring you updates.

The doctors had to perform surgery on three of the patients to remove the bristles. Two of these procedures were done on the small intestine, another on the liver. They also took out bristle wires from the necks of three patients. The findings from their study can be found online in the American Journal of Roentgenology.

Obviously, getting wire bristles stuck in your throat or in one of your internal organs can be very painful and could lead to serious health problems--not to mention the complications that might result from having to undergo surgery to remedy the matter.

Grill brush bristles aren't the only products that can cause a grilling accident. Unstable grills that have a defective support design can cause a fire and/or burn injuries, as can propane tank defects. Sometimes the danger is the person grilling because of inexperience or carelessness. Not knowing how to operate a grill or placing it in an area of the backyard that makes it a fire hazard can up the chance of serious injuries or death. Also, person in charge of food might leave meat products out in the sun too long, causing bacteria to grow, which can potentially lead to stomach illnesses and other health issues for those eating.

We represent persons that are seriously injured because of dangerous, defective, and/or poorly designed products. If you or someone you know needs assistance with a product liability issue, contact the Law Offices of Christopher L. Jackson, LLC. In Ohio, please call (513) 861-8000. In Kentucky, please call (859) 261-1111. For more information, please visit www.christopherjacksonlaw.com.