Roanoke Personal Injury Lawyer - Medication

Recurring Problems with Nursing Homes #4

Dan Frith — Thu, 04 Jun 2009 06:40:00 GMT

Lauren and I have reviewed over 500 potential nursing home cases over the years and we see some problems over and over and over again. I decided we would share with our readers some of the more frequent problems...and the answers.

Problem #4: The staff at your mother's nursing home tells you she needs medication in order to make her more manageable. What you are really being told is the facility is under-staffed and they want to sedate your mother to the extent she doesn't need attentive and frequent nursing care. Federal law prohibits the use of medication in this situation.

Behavior modifying medication (also called psychoactive medication) can be used only to treat a resident's medical condition or symptoms. Behavior modifying medication cannot be used for discipline or for the convenience of the nursing home (Section 483.13(a) of Title 42 of the Code of Federal Regulations).

If the behavior modifying medication is recommended by the resident's doctor, the resident or her/his family must be told what condition or illness is being treated by the medication.

Don't let the facility "dope up" your mom.

Originally posted at InjuryBoard by Dan Frith

Lawsuits Protect Consumers! Who Said That?

Dan Frith — Tue, 19 Aug 2008 10:22:08 GMT

Most people would believe that only a trial lawyer would say "lawsuits protect consumers." You know...those greedy trial lawyers who do nothing positive for our society or economy.

But do you know who said lawsuits protect consumers? Doctors...that's right, Doctors!

According to an article in USA Today, lawsuits can serve as "a vital deterrent" and protect consumers if drug companies do not disclose risks to the U.S. Food and Drug Administration before it approves medicines for use, the editors of the New England Journal of Medicine said in a friend-of-the-court brief. The FDA "is in no position" to guarantee drug safety, the brief said.

The case is Wyeth v. Levine, expected to be heard late this year and could have far-reaching implications for litigation over allegedly harmful drugs. Basically, Wyeth argues that it cannot be sued in state court (I say held accountable) for injuries caused by medications it manufactures as long as the FDA has approved the drug.

Poppycock...and the Doctors and anyone else who is honest and unbiased know it!

Originally posted at InjuryBoard by Dan Frith

Medication Errors and Children

Dan Frith — Mon, 07 Jul 2008 15:39:52 GMT

This report will wake you up! A recent study published in the journal, Pediatrics, concludes that far too many medical errors occur when medicines are ordered for hospitalized children.

Hospitalized children experience adverse drug events (including medicine mix-ups, accidental overdoses, and bad drug reactions) at a rate of 11.1 per 100 patients, according to the study of pediatric inpatients by a group of U.S. medical researchers. The rate for adults, while still too high, is just over 2 adults per 100 patients.

The study is available at http://pediatrics.aappublications.org .

Originally posted at InjuryBoard by Dan Frith

Virginia Police Investigate Nurse Concerning Nursing Home Resident's Death

Dan Frith — Fri, 16 May 2008 17:16:17 GMT

This is kind of scary! A nurse who gave unauthorized medicine last week to a nursing home resident who later died has been fired, and now the local police are investigating. The resident was given the medicine (as yet unidentified) on May 5, and died about 4 a.m. on May 6. Police are investigating whether the medication caused or contributed to the death of John P. Stratton, 76, who was staying at the James River Convalescent and Rehabilitation Center in Newport News, Virginia.

The nurse's decision to give Stratton the medicine was not an accident according to a police spokesman. It could take a month or longer for the toxicology results, performed by a state lab, to be completed and sent to the State Medical Examiner's Office.

The facility is owned by Virginia Health Services (VHS), a private company founded in 1963. VHS also owns The Newport in Newport News; Northampton Convalescent Center in Hampton; York Convalescent Center in Yorktown; Walter Reed Convalescent and Rehabilitation Center in Gloucester; and Lancashire Convalescent and Rehabilitation Center in Kilmarnock.

I hope the nurse just made a mistake but if it was done intentionally....what kind of screening system did Virginia Health Services use when it hired this nurse?

Originally posted at InjuryBoard by Dan Frith

Pfizer Settles Lawsuits Over Painkillers

Dan Frith — Fri, 09 May 2008 06:19:00 GMT

The reports are begining to be circulated that another member of "Big Pharma", Pfizer, Inc., has settled a group of cases with plaintiffs who allege the painkillers, Celebrex and Bextra, caused heart attacks and strokes. The reported settlements are only with approximately 200 plaintiffs, but thousands of people have sued Pfizer over the two medications.

Celebrex is in the Cox-2 inhibitor drug class and is the last drug of this classification to still be sold in the US. Vioxx and Bextra manufactured by Merck, also Cox-2 inhibitor painkillers, were withdrawn from the market due to safety concerns. It is reported that Pfizer is offering approximately $200,000 per per plaintiff in the Bextra cases and between $40,000 and $50,000 for the Celebrex suits.

Pfizer has been in trouble with the Food and Drug Administration (FDA) before, most recently over apparent misleading information about Dr. Robert Jarvik and the cholesterol medication, Lipitor.

It sure is nice to see Big Pharma accepting legal responsibility for their unsafe drugs.

Originally posted at InjuryBoard by Dan Frith