Lawsuit Information Center

July 16, 2012

Fighting Cerebral Palsy: A New Weapon

Preliminary results from a fascinating new study could spell the eventual end for cerebral palsy. Cerebral palsy is a neurological disorder that prevents the brain from being able to adequately communicate with the body, causing physical difficulties with tasks like walking.

In the first part of the study, investigators from Duke University Medical Center used an intravenous infusion of a child’s own cord blood to see if it had an effect on their cerebral palsy. Initial data from the first part of the study showed that some patients had improved speech, mobility and movement.

A team of scientists from Duke University Medical Center is now on phase II and is seeking participants for its Cerebral Palsy Autologous Cord Blood Study. This part of the study is a randomized, placebo-controlled crossover study, which means that some participants will receive full treatments, and others will receive a placebo. This is the gold standard for medical research. The team expects to complete the study by July 2013. There is another study taking place at the Medical College of Georgia.

The implications of these studies are heart-warming, to say the least. Something like this could be the miracle cure that thousands of parents have been hoping for. Even though the study is slated to be complete next year, there are other concerns. For example, the study only involves the use of a child’s own cord blood–it won’t be immediately apparent whether donated cord blood could yield the same benefits. Banking cord blood can be an expensive process–one company charges $2,195 for the first year.

Our law firm has been concerned with cerebral palsy for years, particularly as it is sometimes caused by medical malpractice. We handle birth injury cases where children develop cerebral palsy because of delays and complications during labor. When the baby’s oxygen and blood supply is cut off, whether because of complications of shoulder dystocia, fetal distress or umbilical cord prolapse, cerebral palsy and other developmental delays can be the unfortunate result.

These are awful cases that are, frankly, very lucrative for malpractice lawyers. But nothing would make us happier than to give up those lawsuits and see children with cerebral palsy cured. Any progress towards this goal would be just unbelievable.

Cerebral Palsy Basic Facts

There are about 8,000 new cases each year in the United States. The United Cerebral Palsy Foundation estimates that over 750,000 people in the U.S. have one or more of the symptoms of cerebral palsy. All CP injuries come from a static lesion of the brain but the outcomes vary wildly. The symptoms vary from insignificant to all-consuming. Although the injury usually occurs during or near childbirth, most kids are not diagnosed for at least a year, although parents usually have suspicions and concerns long before a concrete diagnosis.

Every CP case is different. Neurologic classifications of cerebral palsy include spastic (pyramidal) cerebral palsy, dyskinetic (extrapyramidal) cerebral palsy, ataxic (rare) cerebral palsy, and mixed types.

Our lawyers mostly see spastic cerebral palsy cases. Spastic types CP has five subtypes

Monoplegia – one limb involvement
Diplegia – primarily lower limb involvement
Triplegia – involves three limbs
Tetraplegia – four extremities and truncal involvement
Hemiplegia – one side of the body involved including arm and leg

July 3, 2012

Dialysis Heart Attack Injuries: GranuFlo and NaturaLyte

by Ronald V. Miller, Jr.

People on dialysis have enough problems without having to worry about heart attacks. But it seems that the nation’s leading supplier of dialysis products (mostly through its own dialysis centers) may be causing an untold number of dialysis patients to have heart attacks and other cardiac problems.

Fresenius Medical Care creates two products for use in dialysis—GranuFlo (a dry acid dissolution system) and NaturaLyte (the liquid version). Patients who need dialysis have problems with kidney function. One of the side effects of kidney problems is that the body builds up acid in the bloodstream. To treat this, physicians often prescribe bicarbonate. If you remember your high school chemistry (I didn’t), bicarbonate can neutralize the acid.

The problem with GranuFlo and NaturaLyte is that some of the ingredients can be converted by the body into bicarbonate. If the physician doesn’t know that, then the patient can receive a double-dose of bicarbonate. Too much bicarbonate can cause cardiac problems, like heart attacks.

June 26, 2012

Insurance Law: Fortuity Revisited

by Ronald V. Miller, Jr.

In my insurance law class, I talk in Chapter 2 about the idea of fortunity. It is mostly a theoretical concept. Insurance is intended to provide protection against unknown events that occur in the future. So obviously, the law and common sense dictate that when you buy car insurance after a car accident, the “loss in progress” doctrine will bar coverage.

In Schwartz Manes Ruby & Slovin, L.P.A. v. Monitor Liability Managers, LLC, the 6th Circuit looked at whether or not the insured reasonably could have foreseen that a claim would be made prior to the signing of an insurance policy.

The case involved legal malpractice coverage. The law firm – an Ohio firm – clearly screwed up in defending a lawsuit. The client fired the firm. The new firm asked why the firm failed to appear at the trial, particularly since its file contained a notice for the trial. The law firm did one smart thing: they put their agent on notice who apparently told no one. Then, a new policy of legal malpractice insurance was issued.

The malpractice insurer disclaimed coverage becasue prior to its policy’s inception, the law firm knew it had a motza ball of a potential lawsuit hanging out there.

May 10, 2012

Compound in Teflon May Cause Cancer

by Ronald V. Miller, Jr.

There is a growing concern there there is a compound in Teflon® that may cause cancer. No one is filing any lawsuits about this, at least not yet. Science has to dig a lot deeper into all of this. The purpose of this post is just to give you an overview of the concern about the possible.

Teflon® is the brand name for DuPont’s product, has been used as a non-stick coating surface for pans and cookware, as well as in other products such as fabric protectors since the 1940’s. Teflon® is the brand name for polytetrafluoroethylene (PTFE), a man-made chemical. C8, otherwise known as Perfluorooctanoic acid (PFOA), is another man-made chemical that is used during the manufacturing of Teflon® and other flurotelormers. C8 is not present in significant amounts in the end product, as it is burned off during the manufacturing process of Teflon®.

PTFE is known for its exceptional chemical resistance and non-stick properties, making it useful in a wide range of applications, including non-stick cookware, electrical insulation, industrial coatings, and biomedical implants. PTFE is also known for its low friction, high melting point, and excellent resistance to UV radiation and weathering, which makes it an ideal material for applications that require high performance under extreme conditions.

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April 17, 2012

Man Sues Hospital For Circumcising Him

by Ronald V. Miller, Jr.

A 28-year-old prison inmate is suing the hospital that circumcised him as a newborn. The reason? He is claiming the procedure has robbed him of his sexual prowess.

He is alleging that the doctor misled his mother into thinking that the circumcision was a necessary medical procedure. He is arguing that it was unnecessary, unethical and without medical benefit.

What’s even more odd is what he is asking for as compensation. In addition to $1,000 in compensatory and punitive damages, he is asking that his foreskin be restored “in the hopes I could feel whole again,” though he acknowledges that he doesn’t expects the “restoration” to be anything more than aesthetic.

March 22, 2012

Fatal School Bus Accident Prompts Suit Involving Seatbelts

by Ronald V. Miller, Jr.

A fatal school bus accident last week has prompted a lawsuit alleging unsafe conditions for the bus’ lack of seatbelts.

The details here are sad. The 60 year old school bus driver and a five-year-old little girl were killed in the crash. The bus, which struck a bridge, was carrying approximately 50 children, ages 5-16.

A suit has now been filed by the family of three of the injured children, with injuries ranging from a broken leg to claims of post-traumatic stress. The suit claims that the bus company failed to inspect the school bus for defective and unsafe conditions, including the lack of seatbelts, though a state police investigation determined that the bus was in fine working condition. The suit further alleges that the company failed to “discover, determine, and /or monitor the health conditions” of the school bus driver, though an autopsy revealed no signs of a medical condition that may have caused the driver to strike the bridge.

This is obviously only one of many more suits to come. The accidental death of anyone, especially a child, prompts frustration and anger, but I’m not sure how the unsafe claim for the bus’ lack of seatbelts will play out.

March 12, 2012

Biblical References at Trial

by Ronald V. Miller, Jr.

The Court of Appeals of Georgia, Georgia’s intermediate appellate court, wrote about a topic I touched on two years ago. In an extremely short opinion, this Georgia court was faced with the question of how far lawyers can go in referencing biblical passages in the Bible or other religious texts.

Powell v. State

The Defendant in Powell v. State appealed his conviction for aggravated assault.The evidence presented at trial showed that Powell was present during a fight between the victim and Powell’s brother-in-law. Powell had gone to the victim’s house to confront the victim’s wife about alleged theft from his sister. After the altercation ended, Powell shot the victim in the shoulder.

January 31, 2012

Asthma and Pregnancy

by Ronald V. Miller, Jr.

I remember kids in elementary school in the ’70s with asthma. It seemed rare back then. Not anymore. Statistics seem to bear this out. The prevalence of asthma is increasing worldwide and in particular in the United States.

The one thing you have to keep in mind in this article is the conventional wisdom is that there is no connection between asthma medication and birth defects or other injuries to the fetus. The use of albuterol and other asthma medications are often necessary to keep the fetus healthy. So keep a pin in that as you read on. Also remember the best thing you can always do is talk to your doctor about the risks.

Pulmicort and Pregnancy

Asthma has risks for all who suffer from it, but people are paying a lot more attention to the issue of pregnancy and asthma and whether asthma medications can cause injury to the expectant mother or the unborn child. Specifically, people are questioning whether asthma drugs like budesonide (Pulmicort) that contained glucocorticoids increase the infant’s risk of developing metabolic and endocrine disorders.

Does this mean you should not ever use Pulmicort while pregnant? Of course not. But you need to understand all the risks and talk to your doctor about them so you get on the path that causes the least risk.

Many Women Use Asthma Medication During Pregnancy

Between 4 and 12% of pregnant women have asthma and 3% use asthma medications during pregnancy. Women with asthma are at an increased risk of complications during pregnancy due to inadequacy in controlling asthma and/or some medications used to manage asthma.

A Fetus Needs Oxygen

Certainly, doctors are in a Catch 22. Poorly controlled asthma can result in an inadequate supply of oxygen to the fetus. Asthma during pregnancy can lead to preterm labor, cesarean section, and hypertensive disorders, including preeclampsia and placental previa. Severe asthma can result in maternal mortality, fetal mortality, or both.

The Key Is Understanding the Risk

Therefore, management of asthma during pregnancy may be necessary to improve the mothers’ asthma, even if risks are present with the use of such medications. It is always important to weigh the potential risks to the fetus against the benefit of the mother. To do this accurately, drug companies have to tell us what the risks of asthma and pregnancy are. What are they? We don’t know what the drug companies know, but what we do know is mixed.

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January 16, 2012

Smith & Nephew Knee Replacement Defect Lawsuits

by Ronald V. Miller, Jr.

Smith & Nephew knee replacements are failing at an unacceptable rate

Our lawyers are investigating knee replacement lawsuits against Smith & Nephew.

These knee replacements have been on the market for some time. The reason for the lawsuits is simply: the Smith & Nephew knee replacements are simply failing at an unacceptable rate. These were supposed to be knee replacements that would last for 10 to 20 years. Patients who have these devices implanted may be entitled to revision surgery, medical expenses, lost wages and pain and suffering damages.

December 8, 2011

More Medicaid Fraud

by Ronald V. Miller, Jr.

Another day another Medicaid fraud settlement. In this one, Shield Healthcare, a California medical supplier, paid $5 million to settle a whistle-blower lawsuit that alleged that Shield submitting inflated bills to California’s Medicaid program. The suit claimed that the company submitted false claims and evaded the regulation’s upper billing limit. (I’d be curious how they did that. You have to admire the scope of the evil).

In a related story, California is going bankrupt.