Access To Justice

HIV and hepatitis are among the serious diseases that more than 1,800 veterans may have been exposed to after having dental work done at a Missouri VA hospital, reports CNN.com.

Hospital officials at the John Cochran VA Medical Center in St. Louis told CNN the exposures resulted when dental technicians ignored safety protocols by handwashing tools before putting them in cleaning machines. Congressman Russ Carnahan (D-MO) is calling the failure “unacceptable” and demanding an investigation into the exposures.

There seems to be a lot of this going around. A recent study we blogged about here recently sounded the alarm about lax infection control procedures at some of the nation’s outpatient surgical centers.

If you or someone you love has been the victim of medical malpractice, you may have rights.

The State of North Carolina has received a request by the House of Representatives Science and Technology Committee for hundreds of records related to the Marines’ Camp Lejeune, according to a McClatchy Newspapers report, including documents concerning underground tanks buried at the base that contained fuel, trichloroethylene (TCE) and other chemicals.

McClatchy writes that several tanks, including some near a drinking well used by Marines and their families, eventually leaked into the groundwater.  The drinking well was closed after benzene, a cancer-causing agent found in fuel, was found there in 1984.

Rep. Brad Miller (D-N.C.), the chairman of the oversight panel in the Science and Technology Committee, told McClatchy that his committee will hold new hearings on the water contamination. We’ve blogged here about how the committee has been looking into the toxic water at the camp since February.

News developments that we’re watching at Sokolove Law:

Military Burn Pits Probe: House Oversight Committee Chairman Edolphus Towns is launching an investigation into the possible health effects of military burn pits used to dispose of waste at US bases in Iraq and Afghanistan. In a letter sent last week to Secretary of Defense Robert Gates, Towns asked the Department of Defense for a list of all military sites that operated burn pits since 2001, as well as any information about serious health issues military and civilian personnel have developed after returning from Iraq and Afghanistan.  Health experts have alleged that some of the illnesses being reported by returning troops and workers may be related to toxic exposures from improper waste management procedures, including burn pits.  Health issues associated with exposure to poor waste management and burn pits include asthma, severe bronchiolitis, chronic coughs, skin infections, Parkinson’s disease, leukemia and rare cancers.

Risky Asthma Regimen Still Prescribed: A new study finds that a third of asthma patients are still prescribed long-acting beta agonists (LABAs) alone – instead of in combination with other asthma control medications — despite warnings from the Food and Drug Administration that such a regimen increases the risk for complications and hospitalizations. The study, conducted by pharmacy Medco Health Solutions, found that 31 percent of patients prescribed either Severent or Foradil last year did not take them in combination with other controller medications.   Adolescents between the ages of 12 to 17 were most likely to be prescribed long-acting beta agonists without other controller medications. The National Heart, Lung and Blood Institute (NHLBI) asthma treatment guidelines recommend that LABAs should be used in combination with inhaled corticosteroids or leukotriene modifiers for the treatment of asthma. Asthmatic attacks cause 500,000 hospitalizations, 217,000 ER visits and more than 4,000 deaths.

Melting HDTVs Spark Lawsuit:  High-definition televisions that allegedly overheat and melt are the focus of a proposed class action lawsuit lodged against Sony Corp. of America. Law 360 (subscription required) reports that the suit claims the company and two of its business units were aware of the problem and issued a “secret recall” to keep things quiet.  The complaint alleges that nine models of Sony’s Grand WEGA LCD rear projection televisions have a defect that may cause the TVs to melt and put consumers at risk.

News developments that we’ll be watching at Sokolove Law:

The influential Military Officers Association of America has endorsed legislation that will permit service members to sue the federal government for medical malpractice. The Marine Corps Times reports that the bill, known as the Carmelo Rodriguez Military Medical Accountability Act, would “allow members of the Armed Forces to sue the United States for damages for certain injuries caused by improper medical care, and for other purposes.”  If enacted, the bill would overturn a 60-year-old Supreme Court decision that blocks service members from taking legal action in cases of medical malpractice by military health providers. The bill is currently in the House of Representatives awaiting a floor vote, according to the report.

Pharma giant GlaxoSmithKline will settle more than 700 suits filed by plaintiffs who claim they were injured after taking its Avandia diabetes drug, according to Bloomberg News. The suits alleged that use of Avandia led to strokes and heart attacks in those taking it. Bloomberg says the company will pay $60 million to settle the suits, which are among 4,000 filed over the drug. In February, two reports that were highly critical of cardiac risks associated with the drug were released, one by the Food and Drug Administration and the other by the US Senate.

Waiting to receive your Social Security disability benefits? Don’t hold your breath. The Associated Press reports that many people are waiting two years or more to receive their first payment after filing a claim. The reason? The already backlogged system is now being clogged by a flood of new applications sparked by the sluggish economy. The AP writes that around 3.3 million people will apply for benefits this year, up by 300,000 from 2009. Social Security Disability Insurance (SSDI) pays benefits to workers and certain family members if the worker was “insured,” meaning that they worked long enough and in jobs that paid Social Security taxes. A worker must also have a medical condition that meets Social Security’s definition of disability.

Don’t swallow the gel: The Food and Drug Administration (FDA)  is warning consumers not to drink Benadryl Extra Strength Itch Stopping Gel after receiving reports that some people were swallowing the OTC medication instead of applying it to skin as the label directs. The confusion is understandable, since Johnson & Johnson’s Benadryl is also sold in other forms that are meant to be taken orally. However, consumers who swallow the gel can ingest dangerously large amounts of the active ingredient diphenhydramine, which can have serious side effects such as unconsciousness, hallucinations, and confusion. The FDA says it has received reports of 121 cases of ingestion of Benadryl Extra Strength Itch Relief Gel between 2001 and 2009. Seven were considered serious because patients required treatment in the emergency room or admission to the intensive care unit. Consumers are advised by the FDA to store skin products separately from products that should be swallowed.

At Sokolove Law, we’re here to help.

News developments that we’ll be watching at Sokolove Law:

Toyota was hit today with a record fine of $16.4 million by the US Department of Transportation (DOT), which accused the Japanese automaker of failing to promptly report acceleration problems related to faulty gas pedal assemblies. Toyota waited about four months before informing the federal agency that the pedals might stick on some of its vehicles, according to the DOT’s news release. Companies have five business days to report safety issues.

“We now have proof that Toyota failed to live up to its legal obligations,” said Transportation Secretary Ray LaHood in a statement. “Worse yet, they knowingly hid a dangerous defect for months from U.S. officials and did not take action to protect millions of drivers and their families.”

Toyota officials did not immediately respond to the announcement. The company has recalled 8 million cars worldwide for acceleration issues in certain models and brake system problems in its Prius hybrid.

An accidental overdose of the blood thinner Heparin may have led to the death of a 2-year-old child at the Nebraska Medical Center, according to a report from ActionNews3.com. The center released a statement saying it is investigating the death of the girl, who received a multi-organ transplant in December and was re-admitted in February with an infection. This is only the latest instance of an infant being killed, or dangerously harmed, by an incorrect dose of heparin. In 2007, the twins of actor Dennis Quaid were administered quantities of heparin 1,000 times the appropriate dose by doctors at Cedars-Sinai Medical Center. In 2008, the U.S Joint Commission filed a report on anti-coagulant use among pediatric patients. The commission noted that “pediatric patients are problematic to treat, specifically because the medications are formulated and packaged primarily for adults.”

A federal complaint filed by an Indiana Army National Guard unit accuses Kellogg, Brown and Root (KBR) of exposing soldiers to hexavalent chromium at Qarmat Ali, a water treatment plant in Iraq, reports the Court House News Service.  The article says some soldiers who provided security for the plant may have developed respiratory tumors or possibly died from exposure to the chemical.  KBR allegedly downplayed concerns about safety and contamination at the plant. In its complaint, the unit wants exemplary and punitive damages for negligence, gross negligence, fraud and intentional infliction of emotional distress.

News developments that we’ll be watching at Sokolove Law:

CNN.com reports that Pentagon health officials now say that some troops exposed to military burn pits could develop long-term health problems, in a shift from previous statements on the matter. Military officials say that exposure to burn-pit smoke combined with other factors such as pre-existing conditions or genetic factors could lead to longer-term health effects, according to CNN.com.  Burn pits are used by the military on some bases in Iraq and Afghanistan.

Military contractors will find it difficult to enforce mandatory arbitration clauses in their employment contracts as a result of a provision in a newly signed law, according to a post at The Blog of Legal Times (BLT). BLT says the provision was tucked into the 2009-10 spending bill for the U.S. Department of Defense, which President Barack Obama signed into law last weekend. Contracts and subcontracts under $1 million are exempt from the provision.

Recent recalls

More than 114,000 pounds of shelled hazelnuts have been recalled after the Food and Drug Administration found salmonella during a routine sampling in a nut-processing plant in Oregon, according to an article in The Oregonian. No illnesses have been reported so far, but salmonella can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems, according to the recall notice. Recalls have been issued by Willamette Shelling, Willamette Filbert Growers, Kunze Farms, Evonuk Oregon Hazelnuts, Whole Foods, and Harry and David.

Have a safe holiday. Count on Sokolove Law to protect your rights.