Lawsuit Information Center

July 3, 2012

Dialysis Heart Attack Injuries: GranuFlo and NaturaLyte

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.

December 1, 2011

All-Metal Hip Replacements: No Advantage Over Older Implants

by Ronald V. Miller, Jr.

We recently reported on a study that revealed that the metal-on-metal hip replacements failed three times more often than other artificial hips. In fact, the U.S. Food and Drug Administration (FDA) ordered twenty-one (21) artificial hip manufacturers to conduct studies of the Metal-on-metal (MoM) hip replacement devices, and how they can adversely affect patients, after having received close to 11,000 reports of defective hip failures from January through September 2011.

All of this concern may be for nothing, as findings of a new study reveal that the all-metal artificial hip replacements provide no advantage when compared to older types of hip implants – they just appear to carry a greater risk of problems.

FDA researchers just published a report in the British Medical Journal in which the effectiveness of a number of types of hip implants was examined. Metal-on-metal hip implants were examined, as were ceramic-on-ceramic implants, and they were compared to the older metal on polyethylene implants and ceramic on polyethylene implants. The comparative study looked at 3,139 patients in 18 comparative studies. Data from 83,000 operations worldwide was reviewed.