Illinois Medical Malpractice Blog

Over 2,000 diabetes patients may be at risk for a blood-borne illness due to an improper medical procedure. The reusable insulin pen system was implemented to allow patients to use the same pen over multiple times to inject insulin, but instead the pens were used multiple times on different patients.

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American Association for Justice is hosting a seminar on medical malpractice lawsuits this weekend in Phoenix, Arizona. The seminar will provide an in-depth understanding of medical negligence issues and trial strategies.

For more information.

A medical malpractice lawsuit claims that doctors at a hospital left a five-inch catheter inside a man’s heart, causing an infection that complicated his fight against cancer, then tried to cover up the mistake. The man says that the hospital should have known that a catheter being used to treat his non-Hodgkin’s lymphoma had broken off from a port in his chest after he began treatment. The catheter became a “time bomb” when it lodged in his heart and caused an infection which permanently damaged the organ. The medical center arranged for an operation to extract the catheter through his next and groin. The lawsuit seeks unspecified damages for negligence, medical malpractice, fraud and battery. The medical malpractice suit accuses the doctor of knowing the about the broken catheter “substantially before” the date the doctors claim to have discovered the device. The medical malpractice lawsuit also states that the doctor promoted surgery at the same hospital “in an attempt to extract the incriminating evidence” To read the full story, click here.

If a person had the Kugel Mesh patch implanted during their hernia surgery, there is a chance that their cure is worse than the disease. Some patients have experienced problems with their Kugel Mesh hernia patch that have caused serious, life-threatening conditions. The patch has a problem with the memory recoil ring component. Some patients claim that the mesh in their patch adhered to their organs. It takes future surgeries and the loss of portions of a person’s digestive system to get rid of the mesh. One patient claimed that the mesh attached to part of his bowel and he underwent surgery to remove the “gooey” matter that formed as a result. He suffered a severe infection and his abdomen protrudes through the loose muscle in his stomach. There have also been reports of internal fistulae and bowel perforations. People who are considering the Kugel Mesh patch should speak with their doctors before they make their decision. To read the full story, click here.

Hospira, a global medication delivery company, is voluntarily recalling a plastic product used to administer injections. A small number of products may be incorrectly labeled. Adverse effects from error may result in electrolyte imbalance, cardiac dysfunction, gastrointestinal disturbances, paresthesia and mental confusion.

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After a woman had a cancerous lump removed from her breast, her doctor referred her to a specialist who uses a newer form of treatment where radioactive “seeds” are inserted in the tumor site. This procedure could be completed in only five days instead of the six weeks typically required for conventional treatment. This newer treatment has been performed on about 45,000 breast cancer patients in the country since the FDA cleared it for use. However, the patient sought a second opinion about this treatment and learned that it is still considered highly experimental. The MammoSite system is among the thousands of devices the F.D.A. lets onto the market each year only cursory review and with no clear evidence that they help patients. Doctors are free to use those products as they see fit, yet they do not have to inform patients that the devices are not proved. The doctors are frequently paid more by Medicare as a way to compensate them for the extra time and expense of adopting new procedures. This allows the unproven products to become widely adopted. Thus, there is a growing debate among cancer specialists on whether there is enough evidence to recommend the new treatment to woman who are not part of a clinical study. To read the full story, click here.

A Chicago surgeon is being sued after implanting a device which he invented in a patient, allegedly without consent. The device, a Myxo ETlogix annuloplasty ring, was implanted in the patient in April 2006 by Dr. Patrick McCarthy at Northwestern Memorial Hospital to fix the patient’s leaky heart valve. Dr. McCarthy developed the heart device and receives royalties for its sale, which are donated to a charity. In July, a research paper by Dr. McCarthy was published in a medical journal. The article was based on a study that included the patient and focused on the initial experience with the device. Dr. McCarthy stated that the patient had consented to participate in the study. The patient said that she would not have consented to the use of an experimental device. The doctor denies that the device was experimental but failed to inform the patient that he had invented the ring before proceeding with the implantation. According to medical ethics experts, a patient should be informed if a surgeon will receive royalties on a device that he or she may use in surgery and a patient must agree to take part in medical research, by signing an informed consent form his or her to their involvement in the study.

The patient experienced inflammation following the implantation, was required to undergo a second surgery to remove the device, and is now confronted with the possibility of needing a heart transplant. She filed a lawsuit in Cook County this April against McCarthy, Northwestern Memorial Hospital and Edwards Lifesciences, the device’s manufacturer.

The FDA has received 10 reports on adverse events related to the Myxo ETlogix ring and an investigation is currently underway to determine whether the agency received proper notice about the device.

For the full story, click here.

Earlier this year, the US Supreme Court decided that there was a federal law barring suits against makers of government-approved medical devises such as pacemakers. Now, the Court will consider whether to extend the shield against lawsuits to the makers of prescription medicines and over-the-counter drugs. The current case before the court concerns a 62-year-old musician whose right arm was amputated after an anti-nausea drug was improperly injected into an artery and caused gangrene. She was successful in her medical malpractice suit and was awarded $6.7 million. The pharmaceutical company is appealing the medical malpractice suit saying that it should be thrown out. They claim that the FDA should decide whether a drug is safe or dangerous, not a jury. This would be changing the historical right to a civil jury trial as a protection for consumers. Consumer rights advocates state that companies should not have immunity from liability that ordinary citizens don’t have. To read the full story, click here.

An Illinois Medical malpractice lawsuit filed seven years ago has finally ended with a million dollar medical malpractice settlement. The large medical malpractice settlement did not come without sacrifice. Illinois medical malpractice plaintiff, Vanessa Jenkins, brought a lawsuit against an Illinois hospital after her son was delivered with a birth defect. Her son sustained brain injuries and other personal injuries as a result of the hospital’s negligent misconduct. The negligent doctor who used a vacuum extractor during delivery of the child caused the child to suffer from serious personal injuries including brain injuries, mental retardation and cerebral palsy. To reach more about this record setting medical malpractice settlement look at on Point Medical Litigation articles or click here to read an article.

Six people are dead and three injured after a medical helicopter crashed into another medical helicopter. The medical helicopter crashes came after the planes were transporting injured patients to the hospital. Medical errors are thought to be grounded in hospitals such as medical malpractice physician errors, pharmaceutical errors or medical device liability claims. This plane accident sheds light on a growing problem of medical helicopter crashes which raises questions about liability for the patient’s health and for the health of hospital and medical employees. To read about the most recent crash click here.

A new tort reform bill proposed in the House of Representatives may bring justice to those who face medical device defects and have pharmaceutical liability claims. The bill, titled the Medical Device Safety Act would allow those to bring product liability suits even on products approved by the FDA. This bill would allow those who suffered personal injuries from medical device defects and defective drugs to have a cause of action against the makers of such products. To read more about this tort reform that allows this nation to head in a positive direction click here.

Serious burn injuries and raw skin have occurred after use of the popular pain relieving product, Icy Hot pain patches. A medical product recall has occurred earlier this year where the manufacturer recalled medical products totaling nearly 2.3 million patches. Medical product complaints have been directed to the manufacturer, Chattem Inc, since the product’s distribution in December of 2006. Those suffering medical product personal injuries may think about filing a personal injury lawsuit or a product liability lawsuit. To see the full story on this heated debate click here.

Following a routine procedure to clear a blocked intestine, a German man later discovered operating room medics committed medical malpractice and left a 15 inch pair of medical clamps inside him. He is now pursuing a 100,000 Pound claim for damages in a medical malpractice lawsuit.

For the full article.

The Supreme Court will hear a case next term that could decide whether drug companies may escape liability for harm caused by their products and hide behind FDA approval. The issue in the case involves Johnson & Johnson’s prescription birth control patch, Ortho Evra, which delivered much more estrogen than the company originally disclosed. The Ortho Evra patch was a popular form of birth control as an alternative to the birth control pill. For women, medication dosing errors of estrogen may cause an increased risk of blood clots and strokes and has been linked to one death.

Read the full text of the original article here.

Continue reading "Supreme Court Will Decide if Drug Companies Can Hide Behind FDA" »

A lawsuit has been filed against a county medical examiner, paramedics, and county Emergency Medical Services after a man who was declared dead at the scene of an automobile accident but was found to be alive hours later sustained permanent injuries. Paramedics responded to calls after the car accident but negligently failed to check the man's vital signs properly not noticing his faintly beating heart. The paramedics made a further medical mistake when they failed to use monitors to check the status of the victim and when they failed to make resuscitation efforts even though it is mandated by policy. The medical examiner is being accused of medical malpractice in that he disregarded signs that the man was still alive, such as eye twitching and chest movements, for hours after the accident. The medical examiner has claimed that it was not his job to determine whether the victim was alive or dead. The man suffered a severe head injury along with a broken leg and other injuries. Now five months after the accident, the victim is just learning how to speak again. He might never fully recover as he would have if treated properly. The man's mother witnessed the accident and suffered severe trauma and distress when she was told that her son was dead.

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Two months ago, Medtronic, the maker of electronic heart defibrillators, notified physicians and a quarter million patients that its products contained a potentially fatal defect. The Medtronic product is designed to regulate patients with irregular heart beats by delivering electric impulses to the heart. When the product becomes defective, it either fails to deliver these necessary impulses or worse; it could deliver painful and unnecessary electric shocks. Those with faulty Medtronic devices have had them replaced with an older, more stable version of the product. One group that is particularly at risk for the product failure is those patients with hypertrophic cardiomyopathy. However, there are substantial risks for all patients having this replacement surgery.

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In the December 4, 2007 issue of the Chicago Daily Law Bulletin, correspondent wrote about the ability for patients to sue the makers of federally approved and regulated medical devices under state law. The main issue to decide was whether federal law would preempt state law and prevent injured victims from bringing a state law claim. One of the major issues which such a policy would be that the Food and Drug Administration could basically shield medical device manufacturers from state law liability simply by approving use of the device. This is turn could result in the companies providing less safe products because they are satisfied with their legal protection. Such a implication can certainly have large ramifications that must not go unaddressed.

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Surgery poses many risks. One, flash fires, has recently been shown to be more common than previously thought. In one of the states with the most comprehensive collection of statistics, 28 fires a year in operating rooms has been the average over the last three years. Medical malpractice lawsuits have not been uncommon results of surgical fires. Fires in operating rooms have not gained as much attention as other surgical hazards, such as wrong-site surgery, but these fires have proven themselves dangerous by causing serious injuries and deaths. One of the most fatal surgical fires occurs during throat surgery. Common fire hazards in todays operating rooms include the use of 100% oxygen, which can increase the flammability of gauze and hair when leaked into the air; alcohol-based skin cleansers; and the increasing use of advanced surgical tools like lasers and electrocautery devices. One of the most commonly cited causes of surgical fires is poor communication between surgeons, nurses and anesthesiologists. Prevention policies have been on the rise as more oversight groups have recommended them.

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Chicago attorneys John J. Perconti and Patricia M. Gifford settled a medical malpractice lawsuit in the wrongful death of a 70-year old woman at University of Chicago Hospital for $950,000. On November 7, 2003, the Illinois woman’s children were told that doctors suspected a possible abnormal connection between her arteries and veins. In order to investigate, University of Chicago doctors recommended that she undergo an interventional radiological procedure involving placing a catheter into her artery to look for and clear any blockages. The Illinois woman’s family was shocked to learn that complications during the procedure lead to their mother’s death.

An autopsy revealed that the Illinois woman’s surgeon had perforated her right ventricle with a guide wire during the procedure which caused internal bleeding and death. The surgical error occurred during what Illinois attorney John Perconti described as a routine procedure: “It is unfortunate and sad that Vera had to die from a relatively simple and non-invasive procedure. Our client was leading a full and active life and her children never got a chance to say goodbye to her.”

Click here for the press release

A medical malpractice lawsuit was recently settled for over $1.5 million on behalf of the family of a 37-year-old Illinois man who died of a heart problem resulting from the negligence of his doctor. The man died only days before a follow-up appointment was scheduled with his doctor. Unfortunately, during previous visits the doctor failed to perform the necessary tests to monitor the health of the man, who suffered from cardiac sarcoidosis. The tests the doctor should have performed include a Holter monitor test, an echocardiogram and a Thallium stress test. The doctor also failed to properly treat the patient, by neglecting to install an implantable defibrillator to regulate the man's heart rhythm.

Illnesses, injuries and infections caused by medical mistakes or negligence in hospitals will no longer be covered by Medicare, the government health insurance program for senior citizens. This new initiative can save the lives and wellbeing of patients because it will make doctors and hospitals more accountable for preventable errors and force them to adhere more closely to policies and procedures. Private insurers are considering implementing a similar policy, which could save Americans money.

The preventable conditions that will not be covered by Medicare include surgical tools left inside patients after surgery, incompatible blood or air embolisms, bedsores or pressure ulcers developed during a hospital stay, injuries resulting from falls in the hospital, and infections caused by extended use of catheters in blood vessels or the bladder and infections at a surgical site after coronary artery bypass surgery. Some hospital spokesmen have expressed concerns that, for instance, bedsores are sometimes unpreventable. The conditions that have been chosen to be excluded from Medicare coverage are not arbitrary, however. They have been chosen by experts that believe they can be reasonably prevented. Levin & Perconti, for example, settled a case for $1 million recently when a nursing home claimed that a patient’s severe pressure sores were not avoidable. The patient, however, was able to completely recover when moved to a different facility. The included injuries were chosen by experts and stand as federal recognition that they are avoidable and can be prevented by stronger adherence to policies and procedures.

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The victims of product liability and wrongful death have begun to sue Davol Inc., the manufacturer of the hernia repair device called Composix Kugel Mesh Patch. Some of the patches have failed some time after hernia surgeries causing serious injuries and death. The use of the defective product has caused perforated bowels, has abnormally attached itself to other organs or passageways and has stuck to other internal organs. Deaths were beginning to occur at least 21 months before the first Kugel Mesh recall would take place.

A woman who underwent a procedure last year with unsterilized equipment is launching a class-action lawsuit against the hospital for medical malpractice. At least 3,000 other patients were treated with unsterilized equipment and had to undergo testing for HIV, hepatitis and other diseases. The claim alleges that the HIV and hepatitis testing caused patients to endure pain and suffering, mental distress, loss of income, medical costs and loss of enjoyment of life.

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A medical malpractice lawsuit was settled for $7 million last year on behalf of a patient whose doctors negligently failed to prevent a fire from igniting in his throat. Otolarynologist Dr. Joost Knops and anesthesiologist Dr. Kenneth Kloehn failed to take necessary precautions to prevent the fire, which ignited when a laser used to remove vocal cord lesions interacted with an oxygen leak from a medical device. The doctors failed to replace the device allowing the flammable cotton in the the patient's throat to catch fire. As a result, the patient is permanently unable to speak above a whisper. The doctors have been called before a state medical board to respond to allegations of unprofessional conduct.

Pharmaceutical companies and device manufacturers have access to information regarding which medications doctors prescribe for the reason that they are able to buy the information from the American Medical Association (AMA), and from companies that match the AMA’s data with pharmacy records. The AMA is holding its annual meeting in Chicago, where this topic is sure to be raised as an important issue. Some groups are planning to protest during the meeting in front of the Hilton Chicago. The information is being used to increase the sales of newer, more expensive drugs whereas it could be used to improve quality, safety of care, and lower drug prices. Many states, including Illinois, are proposing bills after noticing the correlation between the release of such information and the rising health care costs consumers face. Doctors that are not members of the AMA, about two thirds, are unaware that this information is being released. The AMA is planning to publish ads in medical journals to spread the information to doctors unaware of the fact that they can opt out of this practice.

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Victims of medical malpractice are mobilizing to help prevent medical errors and promote patient safety. Sorrel King created the Josie King Foundation to fund safety initiatives at hospitals in honor of her 18-month-old daughter who died after a series of medical mistakes. She also donated some of the financial settlement to the hospital where the errors occurred in order to start a children’s safety program. King launched a new web site, josieking.org, with advice and information for patients and the medical community on how to increase patient safety and what to do if medical errors do occur.

Continue reading "Patients and families affected by medical errors organize a grass-roots movement" »

Reminder: On March 8, American Association for Justice (AAJ) is hosting a telephone seminar regarding Heart Device Litigation. The seminar will feature tips and strategies from recent cases in medical malpractice lawsuits regarding heart devices. For more information or to register, call 1-800-622-1791 or 1-202-965-3500, ext. 612.

On March 8, American Association for Justice (AAJ) will be holding a Heart Device Litigation Update telephone seminar. The seminar will focus on tips and strategies from recent cases on both the state and federal levels in medical malpractice lawsuits regarding heart devices. For more information or to register, call 1-800-622-1791 or 1-202-965-3500, ext. 612.

In 2002, the National Quality Forum created a list of adverse medical malpractice issues and in 2006, they updated it. This list contains serious medical malpractice events that are easily preventable and have dire consequences.

1. Switching donor eggs or sperm, resulting in paternity mixups.
2. Leaving of sponges or instruments inside a surgery patient.
3. Disappearance of a patient from a facility.
4. Medication errors (wrong drug, wrong patient, wrong dose, etc.)
5. Giving wrong blood type.
6. Electric shock to a patient.
7. Fall of a patient.
8. Surgery on wrong body part of body.
9. Surgery performed on wrong patient.
10. Wrong surgery performed on patient.
11. Death during or after surgery on a healthy patient under anesthesia.
12. Contaminated drugs or medical devices.
13. Medical device malfunction or improper use.
14. Air embolisms.
15. Babies discharged to wrong parents.
16. Patient suicide.
17. Death or injury of a mother during low-risk pregnancy.
18. A patient developing hypoglycemia.
19. Failing to identify high bilirubin in infants, leading to death.
20. Advanced pressure sores.
21. Death or injury in spine manipulative therapy.
22. Oxygen or other gas lines being switched or contaminated.
23. Burn of a patient.
24. Injury or death from restraints or bed rails.
25. Impersonation of a health care working
26. Kidnapping of a patient.
27. Sexual assault of a patient.
28. Assault or battery between staffers.

For more information about the list.

A diabetic woman using a medical device suffered a coma with her blood and brain in desperate need of sugar. However, the medical device instead kept pumping insulin into her body, starving her brain and making it unlikely that she would ever wake up. The woman was 17 weeks pregnant.

Although the device had a safety feature that stopped insulin flow in emergencies like the one the woman was experiencing, the feature was turned off when shipped to the woman. The instructional video devoted only 15 seconds to explain the feature and said nothing about why the feature should be used.

The woman suffered severe and permanent brain damage. The woman’s family sued the medical device manufacturer, alleging the medical device was unsafe . But when the device maker settled the lawsuit, the entire court file was improperly sealed. Moreover, the medical device maker failed to disclose this woman’s suffering and injury to the federal government, which could have used the report to spot problems with devices and to protect the public.

For the full article.

The FDA warned women Wednesday that their risk of blood clots in their legs and lungs may be higher if they use the birth-control patch instead of the pill. The FDA stated that it updated the label on the birth-control patch to reflect the results of one study that found that women using the patch faced twice the risk of clots than did women on the pill.

An Associated Press investigation found that patch users die and suffer blood clots at a rate three times higher than women taking the pill. About a dozen women died in 2004 from blood clots believed linked to the use of the patch. Dozens more suffered strokes and other clot-linked problems. Health officials warn that women who smoke should not use the patch because smoking increases the risk of stroke and heart attack.

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In a recent press release, Public Citizen explained its serious and troublesome objections to the blood substitute HBOC-201. Leading its opposition, Public Citizen stated that clinic data showed large increases in risk associated with the blood substitute, compared with either blood or standard non-blood IV fluids. Data demonstrated increases in death, serious cardiovascular events, and other adverse events in using HBOC-201 over non-blood IV solutions.

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Register for ATLA's program on "Heart Device Litigation Update: Recent Rulings and What They Mean for Your Clients." The event includes three experienced speakers on heart device litigation and a question and answer session. The event is December 12, 2006 from 1:00 - 2:30 pm CST.

To register.

Since the fall of 1988, Public Citizen has opposed the use of silicon gel breast implants. After receiving numerous documents from FDA scientists concerned about their safety, Public Citizen petitioned the FDA to ban the implants. The FDA has heightened knowledge about the adverse safety and health information relating to the implants, including the high rates of rupture, the need for repeat surgery, clear evidence of lymph node infiltration, and lymph node damage by leaked silicone. The recent approval makes a mockery of the legal standard requiring a “reasonable assurance of safety.”

Continue reading "Public Citizen contends that Silicone gel breast implants are the most defective medical device ever approved by the FDA" »

A company called Neurometrix recently introduced a system that checks patients for nerve disease and has targeted the system for use by general practitioners. Its introduction to the market has not been painless.

Continue reading "Expensive new nerve test stirs controversy " »

A Times article explores the increasing difficulty of inserting complex medical devices and the training doctors are receiving to insert the devices—is the training enough?

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