Access To Justice

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.

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