Syracuse Personal Injury Law Blog

Kimberly-Clark sued over Ebola risk to health care workers

Published on: November 6, 2014 | By Jeff DeFrancisco

With all the questions that have arisen about how several health care workers contracted Ebola in the past month, it was only a matter of time before lawsuits would be filed claiming fault. According to a recent Reuters.com report, Kimberly-Clark is being sued for fraud in the marketing and sale of some of its surgical gowns.

Specifically, the lawsuit claims that the Kleenex tissue maker falsely asserted that its gowns could protect wearers from contracting Ebola. It also notes that Kimberly-Clark misled health regulators, as well as health care workers who believed that the gowns were impermeable, thus providing inadequate protection against Ebola. It is further alleged that the gowns failed industry tests, and did not meet relevant protection standards against such an infectious disease.

As a matter of law, manufacturers cannot use phrases, slogans or sayings that could mislead a consumer (or federal regulators, for that matter) into believing that a product does something that it actually does not do. The Reuters report did not indicate specifically what phrases or marketing strategies were at issue. Nevertheless, manufacturers that are held liable for false advertising could be subject to a host of monetary damages stemming from liability to affected consumers.

Culture of intolerance among doctors coud drive medical excess

Published on: November 6, 2014 | By Jeff DeFrancisco

There is a notion in the medical community that over-testing and over-treatment of patients (i.e. defensive medicine) is practiced in order to limit the risk of future medical malpractice cases. While there may be some truth to this notion, a recent publication in The BMJ suggests that the overall culture in the medical community, as well as the attitudes among physicians may be more of a reason for defensive medicine than the specter of a medical malpractice claim.

Essentially, the culture of intolerance towards uncertainty and error among physicians themselves is the driver of over-testing and over-treatment. Doctors appear to perpetuate a culture where uncertainty in treatments is unacceptable; almost as if they have to be perfect with every diagnosis and recommendation for treatment. Indeed, there is an obvious incentive in being accurate, but when it deteriorates into medicine that does not focus on the best treatment for the patient, the culture behind it should be changed.

Because of this, two highly regarded professors argue that professional and public attitudes towards medical errors must be changed. This goes beyond medical malpractice reform, as the financial incentives presented to doctors along with the persistent marketing efforts to physicians create an increasing demand for testing and treatment.

Should pregnant women be excluded from medical research?

Published on: November 6, 2014 | By Jeff DeFrancisco

With all the research conducted on chronic health conditions such as depression, diabetes and hypertension, it is interesting how little, if any, research is done to see how treatments or drugs that abate these conditions would affect pregnant women.

According to a recent HuffingtonPost.com report, there is a significant gap of knowledge on how medications affect pregnant women because they have been historically excluded from medical research. This is due, in large part, to the notion that pregnant women should avoid taking a number of medicines out of fear that it would adversely affect the fetus. Nevertheless, a woman who fails to continue necessary medications, or fails to begin a prescribed treatment may run into the same risks.

The reality is, women are having children at older ages, and chronic medical conditions are more common. Because of this, stopping medication may not be the best option for an expectant mother. Additionally, if a pregnant woman has more information about the benefits and drawbacks of a medicine or treatment, chances are that staying the course could improve her short-term (and long term) health while minimizing the potential complications to the baby.

Stryker to settle hip implant lawsuit for $1 billion

Published on: November 5, 2014 | By Jeff DeFrancisco

Nearly a year after DePuy Orthopaedics settled what was one of the largest hip replacement recall lawsuits, it appears that another similar settlement is in the works. According to a recent New York Times report, Stryker, a Michigan based artificial hip implant provider, will settle the lawsuit against it brought by thousands of hip replacement patients that have experienced complications after using Stryker products.

Many patients who used the all-metal implants, which had become popular because of how durable they reportedly were, found that metal debris would come from the device’s ball and cup as the parts wore out, which would irritate the tissue surrounding the replacement hip.

Manufacturers have a legal duty to ensure that the products they put on the market are safe for a consumer’s intended use. If the product turns out to be defective (either through design or the means in which it was built), a manufacturer could be held liable for injuries to consumers. Before they were recalled, all-metal devices accounted for nearly one in three of the estimated 250,000 hip replacement procedures performed in the United States.

Why your baby’s APGAR score is important

Published on: October 30, 2014 | By Jeff DeFrancisco

When your new baby comes into the world, the urge to quickly hold him (or her) and establish a connection is natural. However, you may have to wait a few minutes while doctors give your newborn a quick bath, take their vitals, and establish an APGAR score. If you are unfamiliar with such a score and what it means regarding the health of your new baby, this post will provide some helpful background.

Essentially, an APGAR score is an assessment to measure a baby’s overall health directly after birth. It measures five indicators, including:

Appearance/skin color – Does the baby’s skin look, feel healthy

How changing underwear during a procedure can lead to trouble

Published on: October 24, 2014 | By Jeff DeFrancisco

In a prior post, we highlighted the unfortunate story of a doctor taking a selfie with Joan Rivers while she was sedated prior to undergoing a procedure that led to her death. Indeed, such conduct is just as baffling as it is troubling. However, there are unfortunately more stories like it.

A recent HuffingtonPost.com report described the ordeal a 32 year-old man endured after waking up from a colonoscopy with women’s panties on. What has been described as a prank has led to the man experiencing severe emotional distress and even the loss of his job. The man was an employee at at the surgery center where the procedure was performed, and it was later learned that the prank was perpetrated by some of the man’s former colleagues.

It is reasonable to believe that the man was heckled mercilessly because of the prank.

New technology could reduce patient mortality rates

Published on: October 22, 2014 | By Jeff DeFrancisco

A number of our posts have focused on strategies to increase patient safety. They have ranged from surgical teams following checklists to establishing standards for when such procedures would be appropriate. However, a new system highlighted by fiercehealthcare.com could be an innovative strategy that could save patients’ lives

Patient early warning detection systems could help medical staff respond quicker to events before they become life-threatening. As described in the fiercehealthcare.com piece, patients would wear a monitor on their wrists that continuously provides updates on his or her vital signs (including blood pressure, pulse rate and pulse oximetry). The vitals are ranked on a scale of 0 to 5 and measurements are sent to an electronic health record. Patients who rank from 0 to 2.9 are in a clear (or “green” zone). If they rise above 3.0, the patient is in a dangerous zone and appropriate medical attention is administered.

A hospital in Michigan had implemented the system and studied the results from their test run. The bands reportedly reduced patient mortality rates by 35 percent. Moreover, the number of code blue emergencies were reduced by 50 percent.

What happens when doctors don’t practice what they preach?

Published on: October 13, 2014 | By Jeff DeFrancisco

Like the saying, “the person who represents himself in court has a fool for a client,” physicians are not immune from the type of foolishness that comes with avoiding their own advice. According a recent Time.com report, doctors are notorious for being the worst patients. Specifically, doctors are known for partaking in the very unhealthy habits that they advise patients not to indulge in.

For example, there are physicians who smoke despite knowing that lung cancer is directly attributable to this habit; physicians who frequently eat fast food despite the health warnings and levels of obesity, and doctors who continue to use tanning salons in light of the skin cancer risks that come with it.

According to the Time.com report, it appears that doctors adopt the same thinking that supports many dangerous habits: “it won’t happen to me.” And when doctors do become ill, there is an undercover culture of self-medicating that can lead to inaccurate advice to patients. For instance, if a doctor is struggling with high cholesterol, he or she may be less likely to counsel a patient on the best ways to address the problem. The same could be said about doctors who abuse painkillers or smoke cigarettes.

Hospital missed chance to diagnose Ebola patient

Published on: October 9, 2014 | By Jeff DeFrancisco

A patient who showed up at a Dallas area hospital complaining of fever and headache and was misdiagnosed as a potential Ebola case has passed away. However, in the wake of the man’s death, the hospital is still under fire for missing the diagnosis. According to a fiercehealthcare.com report, the man was initially diagnosed with a low-grade viral infection and was sent home with an antibiotic, despite claims from his sister that he told hospital workers that he had just come back from Liberia.

It appears that a critical piece of information was not shared with healthcare workers, who (in hindsight) should have isolated him to prevent a further outbreak. It is reported that the man may have come into contact with nearly 80 people.

In the meantime, the Centers for Disease Control and Prevention had sent hospitals a special checklist to prepare for potential Ebola cases. Indeed, hospitals are on the lookout for additional cases. Some are even asking every patient coming to an emergency room or for a scheduled appointment about recent travel overseas.

New guidelines for assessing developmental disabilities in kids

Published on: October 8, 2014 | By Jeff DeFrancisco

Diagnosing intellectual and developmental disabilities continues to change as technological and scientific advances are made. With these advancements, the guidelines surrounding assessment must also be adjusted. A recent article on disabilityscoop.com highlights the potential changes that may come about as a result of a clinical report published by the American Academy of Pediatrics.

Specifically, advances in genetic testing have enabled doctors to obtain a better diagnosis of children with delays. For instance, in cases where a delay has been identified in a child but the cause is not determined, doctors are encouraged to work with a geneticist to conduct chromosomal microarray testing that may detect genetic abnormalities that could reveal the actual cause of the delay.

The American Academy of Pediatrics believes that it is important to indentify the root cause of a particular delay so that an appropriate treatment plan may be developed. This also helps families in managing expectations as the child grows up.