Illinois Medical Malpractice Blog

So are insurance companies, whose 2006 profits are approaching record highs throughout all lines of coverage. One state recently reported that state automobile insurers are reaching record-high profits while motorists are paying unprecedented high premiums and insurers are paying out lower amounts in automobile accidents. Consumers continue to suffer with oppressive premiums while insurers celebrate unprecedented profits.

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A jury recently awarded a woman $16 million a medical malpractice lawsuit alleging complications from an unnecessary operation that left her brain-damaged. The 48 year-old woman suffered a seizure in 2001 after she left the hospital after brain surgery to remove a benign tumor. She lapsed into a coma and suffered brain damage due to a lack of oxygen. The jury found that her surgery was unnecessary and that the surgeon mishandled the operation and postoperative care.

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A jury ordered a heart surgeon to pay nearly three times the state’s average for medical malpractice lawsuit damages to the husband of a woman who died from surgical errors during a routine operation.

The 79 year-old woman died of complications after a catheter perforated a vein. The jury, after two weeks of testimony, found the heart surgeon 100% at fault. The surgeon was found to have continued with the surgery after the medical malpractice surgical error rather than fixing the problem until it was too late to save the patient

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After more than 20 people rushed into an emergency room to face the unthinkable sign saying “closed,” officials in charge of emergency medical services are striving to keep that from reoccurring. A task force suggested a series of recommendations for how one state's ERs can be made more effective.

Because of staffing shortages, emergency rooms often are not able to see all of the patients that need to be seen and are often a dangerous place. The long periods of delay may also be the cause of medical malpractice.

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In addition to “playing down” the health risks associated with its Zyprexa drug, Eli Lilly also promoted unapproved use of the drug to physicians. Lilly’s files showed that sales representatives encouraged physicians to use Zyprexa for patients who had neither schizophrenia and bipolar disorder, the conditions that it primarily treats. The “Viva Zyprexa” marketing campaign had sales reps suggest that physicians prescribe the drug to elder patients with dementia. Because adverse drug reactions are a leading cause of death for individuals 65 and older, this drug company must be held accountable.

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Two pharmaceutical manufacturing companies recently warned doctors of two deaths among patients receiving Rituxan as a treatment for lupus. Usually used to treat patients with non-Hodgkin’s lymphoma and rheumatoid arthritis, the drug is not currently approved as a therapy for lupus.

The patients who had received the drug developed a rare brain infection called progressive multifocal leukoencephalopathy. The FDA posted a public health advisory on its Web site after the two deaths.

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An anesthesiologist who has practiced for over twenty years recently gave his view on “tort reform,” stating that he was not one in the medical field who buys into the view that tort reform equals caps on non-economic damages. He states that history consistently shows that non-economic damages caps are the wrong way to seek reform. One state, for instance, experienced a “malpractice crisis” until insurance reform was instituted and insurers were forced to refund $70 million. This man states that a real approach to reform begins at the hospitals and through enforcement of high quality standards. Secondly, this anesthesiologist says to examine the medical malpractice insurance companies whose pure motive is to profit.

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In a recent case of medical malpractice, a doctor has removed a patient's kidney instead of a gallbladder. That doctor has been placed on probation. Although the hospital will continue to allow the doctor who committed the surgical error to practice medicine, they are requiring another surgeon to be on hand whenever this doctor performs surgery.

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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.

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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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A recent Government Accountability Office report says that more FDA oversight is needed with respect to direct-to-consumer advertising by the pharmaceutical industry. Drug company spending on direct-to-consumer advertising increased twice as fast from 1997 through 2005 as spending on promotion to physicians or research and development. Examples of direct-to-consumer advertising are advertisements on television or in magazines. The Government Accountability Office says that more oversight is necessary to protect consumers from false or misleading advertising.

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Men who take medication to reduce hair loss may have the side effect of reducing their levels of P.S.A., which is a marker for prostate cancer. Although it lowers the P.S.A., it does not lower the risk of cancer. Unfortunately, it can mislead a doctor into concluding that a patient’s risk is lower than it really is. This potential misdiagnosis could prevent patients from helpful treatment.

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A recent study showed that sleep-deprived doctors are at a high risk of making medical malpractice mistakes that harm or even kill patients. Why then are medical residents routinely scheduled to work shifts that last 24 hours or more? The study showed that people who stay awake for 18 hours straight can have trouble thinking clearly and can zone out or nod off suddenly.

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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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State health officials recently decided to publicize patient death rates for individual heart surgeons. This is the first time the state will release information on the quality of care provided by individual doctors – not just by the hospitals and physicians’ groups.

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As part of a continuing investigation of improperly sealed court records and medical malpractice lawsuits, the Times recently exposed a birth injury shoulder dystocia lawsuit and the details that had been hidden from everyone, including the state.

The birth injury lawsuit began in 2001. In 1999, the woman underwent a difficult delivery and when the doctor saw that there were complications, he told the midwives to contrinue to do what they were doing. The child wound up with brain damage, spastic quadriplegia, and a seizure disorder. The family sued the doctor and health group for medical malpractice, stating that they should have recognized the risk factors for shoulder dystocia.

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According to hundreds of internal Eli Lilly documents and e-mail messages, the drug maker disguised the health risks of Zyprexa, its best-selling medication for schizophrenia, for a decade. Lilly executives hid evidence from doctors about Zyprexa’s links to obesity and its tendency to raise blood sugar.

The drug company’s published data showed that 30% of patients taking the drug gain 22 or more pounds after only a year on the drug. Some patients reported gaining 100 pounds or more. Sales representatives were told to play down the side effects in published data in their conversations with doctors. The drug has become Eli Lilly’s best selling product, with more than $4.2 billion in sales last year.

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Opposing sides on whether antidepressants can prompt adults to attempt suicide are lined up to speak before a panel of scientific advisers to the FDA. The panel is considering whether to recommend forcing tough label warnings on widely used antidepressant medication, such as Lexapro and Zoloft.

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Next year, a “special master” in an obscure secret Federal court will preside over a highly urgent matter of national importance. The Bush Administration has stated its intention to hold the hearings in a sealed courtroom, off limits to any outsider. In fact, outsiders attempting to gain unauthorized access to the secretive proceedings will be sanctioned.

The trials revolve around vaccines. Roughly 4,750 autism-related cases have been pending for years. Claimants are charging that the mercury-based vaccine preservative contributed to their children’s autism and are seeking compensation from a special vaccine injury fund administered by the federal government.

The Claimants do not want privacy. The only parties wishing for privacy are the Department of Justice and probably the vaccine makers. The entire creation of this upcoming secret court shows that the DOJ and vaccine makers have something to hide.

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