Saturday, 24 of June of 2017

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FDA Announces Recall At Yet Another Compounding Pharmacy Due To Worries About Drug Sterility

By Shapiro, Lewis, Appleton and Favaloro, VA/NC Med Mal Attorney

What Happened:

A Florida compounding pharmacy just announced that it would recall its entire line of sterile products after an inspection by the U.S. Food and Drug Administration raised concerns about the safety of its products.

The latest recall is one in a string of moves by compounding pharmacies to recall products after fears were raised about the sterilization processes at a wide array of facilities. The latest recall includes all the injectables produced under the Balanced Solutions Compounding Pharmacy name, a total of 53 separate products.

The company has said its products were sent to doctor’s offices across the country and that the company will now be recalling all not expired items due to concerns that they may not be sterile. The FDA has announced that during an inspection of the Balanced Solutions plant investigators witnessed poor practices and conditions which could have exposed medications to contamination.

The FDA said the inspection raised concerns about a lack of sterility assurance. A later test of one of Balanced Solutions’ products confirmed the presence of bacteria. Patients who have received drug injections produced by Balanced Solutions are being asked to contact their healthcare providers.

The Virginia Injury Attorney’s Perspective:

The latest problems with Balanced Solutions comes soon after recalls by three other compounding pharmacies across the country. The other compounding pharmacies issued the recalls after FDA inspections raised doubts about sterilization practices. The FDA has turned up the heat on compounding pharmacies across the country in the wake of the deadly fungal meningitis outbreak caused by unsanitary conditions at the New England Compounding Center. That episode left more than 50 people dead and more than 700 seriously injured.

As experienced Virginia dangerous drug attorneys, my colleagues and I have helped clients through many cases like this one. Sadly, thousands of people experience the pain of taking a medication prescribed by their doctor only to have it cause serious health problems later on. This happens far too often and the side effects can last a lifetime.

Potentially Helpful Info: 

Attorneys with our Virginia personal injury law firm have helped many victims of dangerous and defective drugs recover damages from companies whose negligence or disregard for consumer safety led to injuries.

If you or a family member has been injured by a defective or dangerous drug, you can begin to learn about your legal rights and options by reading this article. The report, drafted by our experienced Virginia injury attorneys, provides examples of various kinds of dangerous drug lawsuits, common legal theories used in such cases and an explanation of how dangerous drug cases are investigated.

Have Questions? Check Out Our FAQs

If you’ve been injured due to a dangerous or defective drug, you likely have a lot of questions about how to move forward. Take a look at our firm’s library containing attorneys’ answers to frequently asked questions regarding defective or dangerous drugs.

Here’s a video discussing the settlement process in medical malpractice cases:

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About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis, Appleton & Favaloro include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our attorneys have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Attorneys with our firm have been listed among the Best Lawyers in America since 2008. Attorneys with our personal injury law firm have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of practicing attorneys receive.


Roanoke Virginia (VA) Clinic Gives Patients Tainted Steroids

By Mark Favaloro, Virginia (VA) Medical Malpractice Attorney

No one likes to have to get an injection but one patient at a Roanoke Virginia (VA) clinic got more than just a sharp pain he also received tainted steroids.  Find out what the clinic did next to try and hide its mistake from the client by reading the article here.

Virginia (VA) Families Sue for Tainted Steroid Injections

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About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our attorneys have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.


Unsafe Medical Injections Lead to Serious Outbreaks

By Mark Favaloro, VA/NC Medical Malpractice Attorney

According to North Carolina public health officials, patients should be aware of the dangerous associated with unsafe injection practices and be prepared to ask their doctors about using new needles for each procedure. To learn more, read the full story here…

“Outbreaks Tied to Unsafe Injection Practices Have NC Officials Worried”

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About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our attorneys have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.


Johns Hopkins Ordered to Pay $55M for Birth Injury

Jurors determined that doctors and nurses negligently delayed performing an emergency cesarean section, causing the baby to be deprived of oxygen in the womb.

By Mark Favaloro, Birth Injury Attorney

A civil trial jury in Baltimore, Maryland (MD), ordered Johns Hopkins Hospital and its parent company to pay $55 million to a family whose son developed severe cerebral palsy and a debilitating seizure disorder when being delivered at the facility. Jurors determined that doctors and nurses negligently delayed performing an emergency cesarean section, causing the baby to be deprived of oxygen in the womb. The hypoxia was to blame for the birth injuries.

 

 

The Baltimore Sun reported that the jury awarded the parents and child ”$25 million for future medical expenses and a life-care plan, $4 million for future lost wages, and $26 million for … pain and suffering.” A state-mandated cap on noneconomic damages lowered the last figure to $665,000. All the funds will go into a trust under the boy’s name.

My colleagues and I have written often about the injustice of medical malpractice caps. As a birth injury attorney based in Virginia (VA), I consider the other components of the award fair.

Birth injuries can be devastating when they occur and lead to a lifetime of struggle for victims. In this case, the disabled child is confined to wheelchair and requires expensive around-the-clock medical and personal care. As he matures into adulthood, he will most likely be unable to work. Both he and his parents need to know the financial resources to give him the best life possible will always be available.

Lawyers for Johns Hopkins have promised to appeal the decision. I hope their efforts do not succeed. The family has suffered greatly, and their means for meeting challenges that could prove overwhelming should not be denied to them.

EJL

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our medical/hospital malpractice focus on personal injury and accident law and have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.


Woman Files Gross Negligence Lawsuit Against North Carolina Hospital Followng Sexual Assault

The victim claims doctors and nurses failed to protect her from another patient who had a history of committing sex crimes.

By Rick Shapiro, North Carolina Patients’ Advocacy Attorney

It sounds like an episode of Law & Order, but a woman who was raped in the emergency room of Gaston Memorial Hospital in Gastonia, North Carolina (NC), is now pursuing civil negligence claims against the doctors and nurses she says failed to protect her from her attacker.

 


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The victim had been admitted as a psychiatric patient because she was suicidal and depressed and given medication that left her physically weak and mentally incapacitated. Hospital then placed a convicted felon with a history of sexual assault in the same room with her.

The man sexually assaulted the woman over several hours, during which time no doctors or nurses checked on her. As soon as she was able, the woman notified hospital staff she had been raped, and personnel eventually found video showing the assault. Police did not learn of the evidence until much later, however.

The victim’s attacker was found guilty and sent to prison. Hospital staff members continues to deny doing anything wrong.

While this case is highly unusual, it illustrates that medical professionals can make serious mistakes that injure patients physically and mentally. If you think you have been injured or mistreated by a medical professional, it is important to contact a North Carolina medical malpractice attorney as soon as possible.

Our firm’s personal injury lawyers have helped many victims of medical mistakes. In one case an emergency room doctor failed to diagnose an aneurysm that killed the victim four days later. In another case we handled, a jury awarded $2.3 million to a child who was injured at birth.

MH

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our medical/hospital malpractice focus on personal injury and accident law and have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.


Hospitals, Doctors Ordered to Pay Brain Damaged Woman $120 Million

The woman developed Steven-Johnsons syndrome, a sever allergic reaction to several seizure medications.

By Jim Lewis, Medical Malpractice Lawyer in North Carolina

In a new post to our firm’s Carolina personal injury attorneys’ website, lawyer Mark Favaloro reports on a multimillion medical malpractice award for a patient whose severe allergic reaction to a mix of seizure drugs left her permanently disabled. To read more, click over to “Woman Whose Brain Damage Resulted From Medication Mismanagement Receives $120M Medical Malpractice Award.”

EJL

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our medical/hospital malpractice focus on personal injury and accident law and have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.


Negligent Care Following Gastric Bypass Surgery Leads to $178M Award for Patient Who Suffered Stroke

The award represents $168 million for past and future medical care expenses and $10 million in punitive damages -- a financial punishment intended to keep the hospital and health professionals from making similar mistakes and harming future patients.

By Mark Favaloro, Surgical Error Victims’ Attorney

A Florida (FL) jury awarded a man who became permanently disabled by a stroke following gastric bypass surgery $178 million in a civil medical malpractice lawsuit that concluded in late January 2012. Jurors found that the man’s surgeon, doctors and nurses failed to notice signs and symptoms of transient ischemic attacks — low-flow strokes, or TIAs – and that the misdiagnosis of his internal bleeding led to the full shut down of blood flow to the man’s brain.

The award represents $168 million for the surgical error victim’s past and future medical care expenses and $10 million in punitive damages — a financial punishment intended to keep the hospital and health professionals involved in the botched surgery and negligent postoperative care from making similar mistakes and harming future patients.

Unsurprisingly, Memorial Hospital has filed an appeal of the verdict. As a Virginia (VA)-based medical malpractice attorney, I hope a judge will quickly dismiss the health care facility’s petition to have the injured patient’s case retried. The man, who had been a sheriff’s deputy, is nearly blind,  confined to a wheelchair for the rest of his life and suffers from brain damage so severe that he is unable to care for himself. The man requires a lifetime of expensive care for everything from preventing infections to performing daily hygiene tasks like bathing. Refusing to compensate him and his family for their losses and lifelong struggles would go beyond an injustice.

Surgical errors and missed diagnoses leave patients in worse health than when they first sought treatment from doctors, nurses and surgeons. That should never be the outcome for anyone.

EJL

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our medical/hospital malpractice focus on personal injury and accident law and have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.


Virginia Hospital, Radiologists and Physicians Facing Wrongful Death Suit

By Jim Lewis, West Virginia Medical Malpractice Lawyer

An attorney with the Shapiro, Lewis & Appleton law firm recently wrote about a wrongful death lawsuit filed by the estate of a woman who allegedly died due to medical malpractice. To learn more, read “Wife’s Death Prompts Man’s Malpractice Suit Against Virginia Hospital, Doctors.”

MH

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our medical/hospital malpractice focus on personal injury and accident law and have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney John M. Cooper, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.


Florida Woman Paralyzed Due to Doctors’ Negligence Receives Settlement

The physicians ignored the patient's medical needs and missed what should have been a simple diagnosis.

By Jim Lewis, Medical Negligence Attorney in Virginia

“A 61-year-old East Naples [Florida (FL)] woman who walked to an ambulance in March 2005 and left NCH North Naples Hospital paralyzed has resolved her lawsuit against three doctors.”

That is opening sentence of an October 15, 2011, Naples Daily News article I read with great interest because much of my practice as a Virginia-based medical malpractice lawyer is dedicated to representing victims of doctor’s negligence. Two aspects of the case that I found especially interesting were that the settlement was reached through mediation as the woman and her legal team were preparing for a second civil trial and that the defendant physicians had, according to evidence presented in court, ignored the woman’s pleas for treatment and missed a fairly common and serious complication from inserting a catheter along the spine to deliver anesthesia.

Regarding the mediation, the defendants had won a jury verdict absolving them of liability for negligence when the case first went to trial. Later, the judge set aside that decision and ordered a new trial because he determined that defeat for the plaintiff came in large part because one of the jurors had ignored stern warnings to not research or view news about the case outside of the courtroom. The person who committed juror misconduct consistently lied to the court when asked if he had learned anything he did not hear in testimony.

The evidence of how the defendant doctors ignored the woman’s medical needs and misdiagnosed her also struck me. According to the newspaper, the doctors ignored the woman’s screams of pain for six days because they did not consider her condition serious. When a fourth doctor was finally brought in, that person found that the patient had developed a major abscess and infection along her spine where an epidural had been administered. That injury and infection eventually caused total paralysis. Because the woman has regained very limit movement in her arms and feet, she now has an official lifelong diagnosis of quadriparesis.

While I don’t know all the facts of the case, the errors made by the doctors and the negligence they demonstrated certainly appear to have left their patient in much worse health than she was when first entrusted to their care. When health care providers fail in their duty to treat patients to the best of their abilities, those doctors, nurses, pharmacists, surgeons and others must be held accountable. I’m glad that happened in Florida.

EJL

About the Editors: Shapiro, Cooper, Lewis & Appleton is a law firm whose Virginia/Carolina attorneys focus on injury and accident law and have experience handling medical malpractice cases involving hospital and doctor mistakes and nursing home abuse and neglect. Check out our case results to see for yourself. Though not every case meets our criteria, we offer free initial consultations. Give us a call at (800) 752-0042. If you can’t get through due to high call volume, leave a message so we can return your call. Also be sure to check out our free special report Top 10 Tips From a Medical Malpractice Insider. Our primary office is in Virginia Beach, Virginia (VA), but we also have offices in Hampton, VA, and Elizabeth City, North Carolina (NC). Our lawyers hold licenses in VA, NC, South Carolina (SC), West Virginia (WV), Kentucky (KY), Florida (FL) and Washington, DC. Rick Shapiro and James Lewis were included in the 2011 issue of Best Lawyers in America. They, along with fellow attorney John M. Cooper, were also named 2011 Virginia Super Lawyers for Personal Injury Law, an honor which fewer than 5 percent of outstanding lawyers receive. We also host an extensive injury law video library on Youtube. Further, our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard and Northeast North Carolina Injuryboard blogs as pro bono public information services.


Drug Shortage Claims Lives of 15 Patients Since 2010

The U.S. Food and Drug Administration currently lists 286 different drug as being in short supply. This number has apparently tripled since 2006.

By Jim Lewis, Medical Malpractice Attorney in Virginia

A serious shortage of medications is proving costly, both in terms of hospital finances and lives lost. Citing a survey by the American Hospital Association,  Fox News reported that 99.5 percent of hospitals have experienced a drug shortage since March 2011. “And 82 percent have had to delay treatment, while more than 50 percent report that they were not able to provide patients with the recommended treatment,” the network noted.

As experienced Virginia (VA) medical malpractice attorneys, my colleagues and I are concerned that this medication shortage could affect patients and cause harm. The medical profession appears to share this concern.

We’re forced to go to a different regimen,” Emory University Hospital medical oncologist Donald Harvey told Fox. “Sometimes that regimen may be inferior. Instead of changing from one therapy to another, we simply put it off in the cases of say, bone marrow transplants. And so we place that patient at potential risk because we’re having to delay that therapy.”

See this video on the shortage.

The U.S. Food and Drug Administration currently lists 286 different drug as being in short supply.  This number has apparently tripled since 2006, and an analysis by the Associated Press linked at least 15 deaths to a drug shortage since June 2010.

As recently as June 2011 we reported on this nationwide shortage, warning it’s only a matter of time before a doctor needs a lifesaving medication and finds the drug cupboard is bare. And wholesalers are taking advantage of the scarcity of some drugs by pushing up the costs.

We noted the shortages include thiotepa, which is used with bone marrow transplants; norepinephrine injections that are required for septic shock; and a number of leuprolide hormone injections often used in fertility treatments.

We have reported on numerous cases in which dangerous drugs have been recalled because of potential side effects. Recently we reported on how lawsuits are being launched over the diabetes drug Actos (pioglitazone from Takeda), following evidence it can cause bladder cancer.

Six years ago we won a $200,000 award for a client who developed swelling in his left ankle that was due to a venous clot. His pharmacist gave him more than twice the dose prescribed by his surgeon and he suffered a rectal hemorrhage and required three hospitalizations to resolve the injury.

We hope the drug shortages don’t result in more mistakes and the wrong medication being prescribed.

DM

About the Editors: Shapiro, Cooper, Lewis & Appleton is a law firm whose Virginia/Carolina attorneys focus on injury and accident law and have experience handling medical malpractice cases involving hospital and doctor mistakes and nursing home abuse and neglect. Check out our case results to see for yourself. Though not every case meets our criteria, we offer free initial consultations. Give us a call at (800) 752-0042. If you can’t get through due to high call volume, leave a message so we can return your call. Also be sure to check out our free special report Top 10 Tips From a Medical Malpractice Insider. Our primary office is in Virginia Beach, Virginia (VA), but we also have offices in Hampton, VA, and Elizabeth City, North Carolina (NC). Our lawyers hold licenses in VA, NC, South Carolina (SC), West Virginia (WV), Kentucky (KY), Florida (FL) and Washington, DC. Rick Shapiro and James Lewis were included in the 2011 issue of Best Lawyers in America. They, along with fellow attorney John M. Cooper, were also named 2011 Virginia Super Lawyers for Personal Injury Law, an honor which fewer than 5 percent of outstanding lawyers receive. We also host an extensive injury law video library on Youtube. Further, our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard and Northeast North Carolina Injuryboard blogs as pro bono public information services.