Personal Injury Archive

Chewing Gum Lawsuit Seeks $100k for Depression

October 10th, 2011. By AbiK

Rare it is indeed that a lawsuit comes along that can generate that kind of headline. But, as fate would have it, a lawsuit has been filed up in the Great White North (channeling Geddy Lee here) about chewing gum that allegedly caused depression thereby warranting the damages sought for $100,000.

Let me throw some light on this for you.

Seems that Elsie C. Pawlow is a denture wearer (hopefully not a power Fixodent user as well). And, she elected to chew some Stride gum. You know the one—with the big curvy sweepy “S”on the package. Quick background tip: it’s made by Cadbury Adams which is involved in that price fixing lawsuit we mentioned last week.

Now, why Pawlow didn’t choose Freedent is a question that remains unanswered—given that it’s marketed as the gum that “won’t stick to most dental work”. But she didn’t. She chose Stride and that’s when things apparently went downhill.

According to the lawsuit which was filed in Edmonton, Canada, when Pawlow chewed the Stride gum, it started to fall apart into little pieces after she’d been chewing it for about five minutes. Then, the little pieces allegedly stuck to her dentures.

Now, it’s a bit of misfortune that could happen to anyone, right? Kind of like chomping into an apple when you have braces and all that pulp crap gets stuck in the wiring—if you’ve been there, you know. And it’s bummer to have to pick and floss it all out—but, hey, comes with the territory.

Pawlow, however, must not be so breezy peasy about such things.

No, according to the complaint, Pawlow suffered approximately ten minutes of depression while she was digging the pieces of gum out of her dentures.

No joke. Pawlow is claiming she suffered ten minutes of depression.

I’m thinking—and hoping—that the makers of Prozac or Zoloft are reading this and brainstorming a new market for “Prozac Lite” or something—for when you have that ten minutes of circumstantial darkness and just need to get over the hump.

Ten minutes of depression? Please. Ten minutes of aggravation? Yea, gummed up dentures could hit that proverbial last nerve. But I challenge Pawlow to share her definition of “depression” with any true sufferer of depression and see how her version stacks up.

Was she unable to function? Was she feeling hopeless and purposeless for all of ten minutes? And is “flash depression” grounds for a lawsuit? Think about it—I’m guessing you probably experience 600 seconds of depression on a daily basis. Get to the root of it and maybe you can have a lawsuit, too.

I jest, of course. And I do feel badly for Elsie Pawlow.

But here’s a newsflash, Elsie: Gum sticks to things. And when a pack of gum costs a couple of dollars and maybe a few minutes of aggravation, somehow $100,000 seems a bit…much.

Tags: Cadbury Adams, Chewing Gum lawsuit, Dentures, Depression, Edmonton Canada, Elsie Pawlow, Stride Gum, Stride Gum Lawsuit
Posted in Emerging Issues, lawsuits, Personal Injury | 8869No Comments »2011-10-10+23%3A00%3A07AbiK

Should Surgeons be Trusted after All-Nighters?

July 25th, 2011. By Hunter West

Say your doctor was on call all night the night before your scheduled 6 a.m. surgery. Would you still want to go under the knife?

It has long been debated that the effects of sleep deprivation can be just as harmful—and just as much an impairment—as that delivered from alcohol, or drugs. Bottom line: when we’re tired, we screw up.

You run off the road while driving, your reflexes are slower. Worse, when you try to counter the fog in your brain and the yawn on your face with copious amounts of caffeine or other stimulants, you have reflexes unsupported by studied thought—a pure reactive state, with little depth or substance from a sleep-deprived brain straining to carry on with the aid of chemicals in the place of rest.

So why is there not more dialog on this with regard to the medical profession and medical errors?

Recently, the Canadian Medical Association Journal (CMAJ) published an editorial on the sleepy doctor syndrome. Not only did the CMAJ target the problem at the doctor and hospital level, it also called upon legislators to develop national standards in the regulated health care industry to protect patients from sleepy docs.

There is valid reason for this concern.

Beyond the temptation for some doctors to wear sleep deprivation as a badge of honor—or hospitals having to make do with fewer staff amidst the realities of a health care system under siege and shrinking health care dollars—are studies that paint an alarming picture of both where we are, and where we’re headed.

According to a story in the Montreal Gazette (5/25/11), studies have shown a near doubling in the rate of complications when surgeons operate with fewer than six hours of sleep—usually following a night on call.

Those complications have been found to include injuries to organs (a slip of the scalpel), and massive hemorrhaging. Such events can put a patient’s life in immediate danger, or affect their health over the long term.

The doctor, in contrast, goes home to a pillow and beyond feeling regret for the error, is not required to live with the consequences of that error for a lifetime. Unless, of course, a medical malpractice lawsuit is filed.

Mistakes happen, and to err is human nature. But in publishing its editorial, the CMAJ suggested that an already serious problem is about to get worse given the increasing complexities of the health care field. “Unprecedented” demands are placed on a doctor’s physical and cognitive health, as a result.

“Those of us who remain overconfident that we can continue to perform our duties properly with inadequate sleep should imagine the reaction if we were made to seek informed consent from each of our patients to accept treatment under these conditions,” state the authors, adding that working while sleep deprived is neither “normal nor acceptable.”

The authors also point out that—in Canada at least—limits on how long a resident, intern or medical student can go without sleep are not extended to practicing doctors, who often work without supervision and are often older and thus even more susceptible to the effects of lack of sleep.

Such situations are ripe for malpractice lawsuits—and doctors, together with the hospitals that employ them, need to be cognizant of that fact. Errors are unavoidable—but they can me managed and mitigated.

There are already efforts underway in other areas of the health care system. Increasing the use of checks and balances—akin to the checklist in the airline cockpit—helps ensure that the surgeon is operating on the correct patient and is performing the correct procedure in, or on the requisite are of the patient’s body.

Similar-looking labels on drug containers are being changed to avoid confusion in the pharmacy. Lawsuits, together with media scrutiny and public outrage, have helped to motivate the powers that be into action.

What of sleepy docs? Will a spate of lawsuits prompt the health care industry to action beyond mere debate? Lawsuits might be business for the lawyers, and monetary settlements necessary for the affected plaintiffs. But most would prefer to have been spared amputation of the wrong leg, or a scalpel nick that brought on a lifetime of pain or complication, all because the doctor yawned at the wrong time, or wasn’t in total control of his movements just because he was so bloody tired.

Maybe you can collect garbage on a few hours sleep. But I, for one, don’t want anyone going near me with a knife if they might be tired and sleep deprived.

Don’t be a hero. Sign out, go to bed, and let someone else do it. And somebody, somewhere needs to come up with a system that guarantees that.

Tags: Canadian Medical Association Journal, CMAJ, doctor error, Hospital Error, medical malpractice, tired doctors
Posted in Drugs/Medical, Personal Injury | 80021 Comment »2011-07-25+14%3A40%3A10Hunter+West

Topamax Weight Loss a Risky Diet

June 30th, 2011. By AbiK

It’s not news that Topamax is prescribed for a number of conditions—migraine is one. And, given that migraines typically affect women more frequently than men, a Topamax prescription should raise a questioning eyebrow in women of child-bearing age. After all, Topamax has been linked to birth defects—oral defects such as cleft lip and cleft palate. So much so that the FDA recently switched the Topamax pregnancy category from a Pregnancy Category C to a Pregnancy Category D drug.

The beauty of pregnancy migraines, however, is that for many women, they cease to exist or at least diminish in their frequency or severity. And, ideally, a woman who has been given a Topamax migraine prescription then stops taking the drug as there is no apparent need for it. Unfortunately, as any migraine sufferer will tell you, it’s not that simple. If you get migraines, you know that the pain and nausea is enough to make you wish for a fate not less than death at times—just for the anticipated peaceful relief. So would a woman who wants nothing less than to avoid a migraine willingly stop taking Topamax on the mere hope that her migraines have subsided due to temporary hormonal changes from pregnancy? It’s questionable.

And, keep in mind, unlike some migraine medications, Topamax is taken daily to prevent the headache—it’s not taken ad hoc once a migraine starts to relieve pain. Once you’re on it, you’re on it.

Migraines aside, one condition that most all women have a hard time with during pregnancy is weight gain. There is no way around it. And chances are, if you’ve been pregnant yourself, you Read the rest of this entry »

Tags: Cleft Lip, Cleft Palate, Topamax, Topamax Birth Defects, Topamax Diet, Topamax Migraine, Topamax Side Effects, Topamax Weight Loss, topamax-birth-defects-topiramate-lawsuit
Posted in Drugs/Medical, Emerging Issues, Personal Injury | 82205 Comments »Topamax+Weight+Loss+a+Risky+Diet2011-06-30+17%3A17%3A23AbiK

My Baby Died from Hospital Infection

April 22nd, 2011. By janem

Often I am asked if I have children and I almost always answer ‘No’. But that’s not true: I had a son and his name was Jarret.

Easter isn’t my favorite time of year. Instead, it is the saddest time for me because seventeen years ago this week, my son passed away from a hospital infection. Jarret was only three weeks old when he died so I didn’t even get to know him.

This is the first time I’ve been able to write about him—it has taken this many years to heal. Of course I will never get over his death, but each year does get easier. And his death was the main reason my husband and I fell apart. My husband wanted to sue the hospital for medical malpractice whereas I just wanted the pain to go away.

I don’t remember exactly what happened surrounding his death because it was like I was down a deep, dark hole and couldn’t get out, or maybe I didn’t want to get out. I remember my family doctor coming over to our house and crying with me; he even suggested that we file a malpractice suit against the hospital. In retrospect, maybe this was the right thing to do; maybe it would have decreased the risk of further hospital infections. I can’t help but think if we did file a lawsuit, would stricter hygiene practices have been put into place sooner? Could we have helped prevent another baby from contracting an infection?

Jarret was a pre-term baby so he was more susceptible to developing an infection. But the doctors assured me that he was doing well and I would be able to take him home soon. He never left the hospital. At three weeks, he developed a staphylococcus infection, which is an antibiotic-resistant bacteria that is very difficult to treat.

Knowing that most hospital infections are preventable, my husband was furious. And now, all these years later, I am finally able to think rationally and I’m angry too. What if Jarret’s infection was caused by a doctor or nurse who didn’t wash their hands?

The number of healthcare-associated infections and deaths in the US is staggering: a study published in the March-April 2007 journal, Public Health Reports, said the CDC estimates that there are 4.5 hospital infections for every 100 patient admissions and nearly 100,000 deaths from hospital infection. One study in the UK found high levels of the MRSA bacteria on ward doors, in corridors and on patient’s toilets and telephones. A hospital administrator said, “About 30 percent of the population are carriers of MRSA. Controlling infection is a huge priority for us.”

I have finally been able to talk about my son without falling apart. Now I’m going to write a letter to the hospital where my son died. I hope every hospital considers infections like MRSA their top priority.

Tags: Hospital Infection, medical malpractice
Posted in Personal Injury | 76441 Comment »My+Baby+Died+from+Hospital+Infection2011-04-22+20%3A07%3A06janem

Levaquin Side Effects Risky—not Rare—for the Elderly

April 5th, 2011. By janem

According to the Levaquin manufacturer and even some government agencies, Levaquin side effects are rare. But tell that to possibly thousands of people who have suffered tendon rips and ruptures after taking Levaquin, sometimes for a slight sinus infection. (By September 2010, more than 1,000 reports of tendon problems had been documented.)

Elderly people are at risk for a few reasons. It’s easy to chalk up a torn Achilles tendon to simply old age and overuse; they could be on a number of meds so the finger can’t be pointed directly at Levaquin; they could have other, ongoing problems.

I also found out that Levaquin is over-prescribed and should only be used as a last resort, when other antibiotics fail. So why have I interviewed a number of people (like Marcia, a ballet teacher ) who took it for a minor sinus infection? And by all accounts, their doctors are not aware of Levaquin side effects because they aren’t being told by the drug maker! Sure, we could argue that our health providers should know, but how many hours are there in a doctor’s day to research all the meds they prescribe? I can understand their logic: If it ain’t in the big blue book, it’s OK by me.

I interviewed 73-year-old Carol (not her real name) yesterday—yet another Levaquin victim. (BTW, I –personally–must have interviewed dozens of Levaquin victims in the past few years, so how can the side effects be rare?) Anyway, her story is a typical example of Levaquin’s serious side effects, and how the drug company is getting away with so many injuries…

Carol took the 5-day course of Levaquin in January 2009 and her infection cleared up right away. Then she took it again in May for a bout of bronchitis. “In November I had some trouble with my ankle,” says Carol. “I just figured I had overused it (I live in New York and walk everywhere) and could just walk it off; apparently it’s common to have foot problems when you get older. Close to Christmas I ended up at the podiatrist: he took an x-ray, said it appeared to be inflamed and put me in a walking boot to keep my ankle stable, and sent me to physical therapy…

In September I was at the beach with my friends and I was limping due to a back problem. My friend asked if anything was wrong with my ankle. Then she said, ‘ Have you ever taken Levaquin because I took it and my ankle starting aching right away so my doctor told me to stop taking it—ASAP.’ I’d never heard of such a thing!”

What really amazes me is why so many people still don’t know about Levaquin and its link to tendon ruptures and rips—an injury that is not only very painful, but hard to recover from when you get older…

“Now I find out, through a friend who worked at J&J for years, that Levaquin has a black box warning,” says Carol. “Besides a recall, that’s the worst thing that can happen to a drug.” And potentially the worst thing that can happen to the consumer. (Incidentally, a lawsuit accused J&J of pushing Levaquin on to senior citizens, who didn’t even need the drug.)

“The first time I looked up Levaquin’s black box warning, it was contraindicated for people over 60,” Carol points out. “Now young people are being warned. My friend has a 24-year-old daughter who was given Levaquin and her doctor told her not to run while taking it. Ah hah, now the warnings are for young people too.

All I can prove is that I took Levaquin twice and had tendon problems—I had my entire left foot rebuilt and spent 10 weeks in a wheelchair. But whether I can connect the two—that’s up to the attorneys. However, if I am deemed eligible and can join a class action, then I will.”

Tags: Levaquin
Posted in Drugs/Medical, Elder Care Abuse, Personal Injury | 75182 Comments »2011-04-05+23%3A06%3A51janem