Social Networking: Is the potential cost worth the rant?

Social networking has provided us with the ability to keep in contact with old friends and relatives, as well as trusted colleagues.  It allows us to share personal and professional information easily, including photos and life events.  While this is wonderfully convenient, it is important to be cautious about what you are actually sharing on social networking.  While everyone knows that sharing photographs of a personal nature is not advisable, you must also be aware of the statements you post.  There is no expectation of privacy on social network sites, such as Facebook.  The golden rule is to avoid putting anything online that could reflect bad on your business or you personally.  You must also be aware that what you post online can actually cost you financially.

In February of 2014, a Facebook posting by his daughter cost Patrick Snay, 69, an $80,000.00 settlement he won in an age-discrimination lawsuit according to the Miami Herald.  The settlement came with a confidentiality agreement prohibiting Snay from disclosing the “terms and existence” of the settlement.  Snay’s daughter, only days after the agreement, posted to 1,200 Facebook friends that “Mama and Pap Snay wond the case against Gulliver.  Gulliver is now officially paying for my vacation to Europe this summer.  SUCK IT.”  As Snay’s daughter was a recent graduate of Gulliver, her posting, in effect, announced to current and former students that Gulliver lost the case with its former headmaster, violating the confidential terms of the settlement, and thus, rendering the settlement void, after an appeal by Gulliver to a Motion to Enforce the Settlement.

It is not just a potential settlement that can be lost through social networking, however.  There have been many stories of people losing their jobs over Facebook postings.  In May of 2013, a Chili’s waitress lost her job when she posted “Stupid cops.  Better hope I’m not their server”, with a picture of Oklahoma County deputies arriving at the restaurant.  The deputies in the photograph had spent five hours of their day volunteering on a funeral procession and the posting cost the restaurant business from the law enforcement community and the waitress her job.  Others have lost their jobs by posting about their bosses or co-workers online.  In May of 2013, a Denver employee was fired for complaining about his working conditions online after a co-worker reported his conduct.

More and more lawsuits are being compromised by postings on Facebook and other social networking sites.  For example, if you are involved in an automobile accident and like to brag on your Facebook page about speeding, that can come back to haunt you later.  Divorce cases frequently bring up social networking posts for purposes of child custody and determining the suitability of one parent.  Deleting a post doesn’t necessarily protect you either.  Through subpoenas and computer forensics, often referred to as “e-discovery”, those posts can still be retrieved and used against you in a Court of law.

The moral – don’t post anything on social media you wouldn’t want the whole world to see.

CDC Reports Fewer Children Dying in Car Crashes

The U.S. Center for Disease Control and Prevention has released a new study showing death rates of children in car crashes fell by 43 percent from 2002 to 2011.  Even more death could be prevented with use of adequate safety measures.  The study showed that one of three children who died in a car crash in 2011 was not using a seat belt or child safety seat.  More than 9,000 children age 12 and younger died in a car crash from 2002 to 2011.  A much higher proportion of black and Hispanic children were not buckled, compared with white kids, 45 percent for blacks, 46 percent for Hispanics and 26 percent for white kids.

The study reports that seat belt use increased from 88 percent in 2002 to 91 percent in 2011 with children age 7 and under.  Children age birth to 2 should be in a rear-facing car seat.  Children age 2 to 5 should be in a forward-facing car seat until they reach the upper weight or height limit of the seat.  Children age 5 and older should use a booster seat until the adult seat belt fits them properly, generally when the lap belt lays across the upper thighs and the shoulder belt lays across the chest, but not the neck.

Data collected from the National Highway Traffic Safety Administration.  Safekids.org offers 5 tips for making sure that your child is safe in their car seat.

  1. Make sure your child is in the appropriate seat. Check the label on your car seat for the manufacturer’s recommendations on age, height and weight.
  2. Make sure your child is sitting in the back seat until age at least 13.
  3. Make sure your child is facing the right direction. Infants and toddlers should be in a rear-facing car seat until age 2. Once he or she outgrows the rear-facing seat, move your child into a forward-facing booster seat. Make sure to attach the top tether after you tighten and lock the seat belt or lower anchors.
  4. Perform the inch test. Once the car seat is installed and the harness is tightly buckled give it a good shake. A properly installed seat will not move more than an inch.
  5. Perform the pinch test. Make sure the harness is tightly buckled and coming from the correct slots (check car seat manual). Now, with the chest clip placed at armpit level, pinch the strap at your child’s shoulder. If you are unable to pinch any excess webbing, you’re good to go.

Correct use of safety seats can reduce the risk of death as much as 71 percent.

 

Pradaxa Complications Lead to Irreversible Damage

Pradaxa is a medication used to prevent stroke and blood clots in patients with atrial fibrillation.  It has been widely prescribed since it’s release in 2010.  Unfortunately, studies in the New England Journal of Medicine have warned that the lack of an effective treatment for severe bleeding caused by Pradaxa may put patients at risk.  Unlike Warfarin (generic for Coumadin), patients who use Pradaxa cannot be given a reversal agent to halt the anticoagulant effects of the drug and stop severe bleeding.  In December of 2011, the Food and Drug Administration launched an investigation into the side effects of Pradaxa after dozens of patients experienced extensive bleeding.

In the past two years, more and more patients have demonstrated complications with the drug, often leading to serious internal bleeding or death.  Certain patients are at a higher risk for bleeding, such as patients age 75 or older, patients with pre-existing kidney problems, current stomach or intestinal bleeding due to ulcers or patients who are underweight.  The drug has also been associated with a higher risk of heart attacks and chest pains.  Critics of the Food and Drug Administration question why this dangerous drug had not been recalled.  In 2011, a limited recall of Pradaxa was conducted as some lots were improperly labeled, but the drug itself is still being prescribed to patients.  By the middle of 2012, more than 3.7 million patients in the U.S. alone filled Pradaxa prescriptions.  Thousands of lawsuits are expected and will be consolidated to a special federal court in Illinois.

In 2012, the FDA determined Pradaxa did not pose an excessive risk of bleeding, however failed to address the potential for uncontrollable bleeding and the inability to reverse it.  Instead, the FDA warned clinicians not to prescribe Pradaxa to mechanical heart valve patients.  In 2013, the manufacturer added a black box warning cautioning that discontinuing the drug could raise the risk of a stroke in patients with atrial fibrillation and recommended use of another anticoagulant if the drug was discontinued.  The black box warning also detailed a connection between Pradaxa and low blood platelet counts.

If you have suffered kidney failure, stroke, or other side effects of Pradaxa, contact a mass torts lawyer knowledgeable in these types of claims.

 

Johnson & Johnson: Are Patients or Profits Taking the Lead in Risperdal Lawsuits?

Over the past several years, there has been an increase in lawsuits against Johnson & Johnson for various products including NuvaRing, vaginal mesh, and even a broad recall of children’s medicines.  Although each lawsuit against Johnson & Johnson has its own individual facts and considerations, what has become clear is that Johnson & Johnson has a number of dangerous products on the market leading to harmful side effects.  In 2010, the antipsychotic drugs Risperdal and Invega were added to this list.  These drugs, while marketed as antipsychotic medications, can cause serious side effects, including rapid weight gain and the growth of breasts in boys and young men.  Over the years, hundreds of lawsuits have been filed alleging the same side effects, some of which have gone to trial and been settled.

The lawsuits surrounding Risperdal allege inappropriate marketing as well as failure to warn issues.  While Johnson & Johnson alleges Risperdal helps countless people throughout the world who suffer from debilitating mental illnesses, it also has caused embarrassing side effects further contributing to the problems it claims to address.  In September of 2012, Johnson & Johnson settled one such lawsuit with a 21 year old who had taken Risperdal and grown breasts which had to be surgically removed.  The settlement was allegedly agreed to by Johnson & Johnson in order to avoid having the Judge in the trial order Chief Executive Officer Alex Gorsky to testify.   According to court filings, Gorsky was using the increases in Risperdal sales on his resume’.  The plaintiff sought to secure testimony regarding Gorsky’s role in getting psychiatrists to promote Risperdal for uses not approved by the FDA.

In addition to the lawsuits, Johnson & Johnson has also faced criminal charges from the federal government over allegations related to off-label marketing and payoffs to a nursing-home pharmacy company.  In November of 2013, Johnson & Johnson agreed to plead guilty to a misdemeanor charge and pay $2.2 billion to settle allegations that it illegally promoted the use of its antipsychotic drugs for unapproved uses, including the marketing of Risperdal to children and the elderly.  Although Risperdal and Invega were approved mainly for the treatment of schizophrenia, Johnson & Johnson expanded the promotion of the drugs for other medical problems to increase sales and driving the cost up for everyone in the health-care system, according to U.S. Attorney General Eric Holder.

Still, the most troublesome side effect of Risperdal is the embarrassing and abnormal growth of breasts in males, most significantly troublesome in young boys and young men.  These types of claims are time sensitive and require a timely evaluation of the facts of your case.  If you or a loved one has experienced this side effect and have a history of taking Risperdal or Invega, contact an attorney knowledgeable in the handling of mass tort claims.

Banged, Bumped and Bruised at Work – What are My Options?

You have a right to a safe workplace.  In 1970, the Occupational Safety and Health Act (OSHA) was passed to prevent workers from being killed or seriously harmed at work.  The Act created a government agency to set and enforce protective workplace safety and health standards, provide information, training and assistance to workers and employers.  The purpose was to prevent and lower the number, frequency and extent of worker injuries and deaths.  However, accidents at work still occur.

In Nebraska, if you are injured at work, your exclusive remedy against your employer is workers’ compensation, unless there is an express contract between the employer and a third-party to indemnify the third-party for the loss, as was the case in in the 1988 Union Pacific Railroad Co. v. Kaiser Ag. Chem. Co., 229 Neb. 160 (1988).  Railroads are governed by the Federal Employers’ Liability Act  of 1908 (FELA), rather than workers’ compensation, which falls under a different set of guidelines.

In a straight workers’ compensation case, however, the negligence of your employer does not give you a better case against your employer.  The Nebraska Workers’ Compensation Act eliminates an employee’s common law cause of action for an employer’s negligence.  In return for this immunity, the employer is held strictly liable for payment of workers’ compensation benefits regardless of fault Ray v. School District of Lincoln, 105 Neb. 456 (1920).  This includes any actions for an employer’s intentional tort.  It is for this reason that your employer is required to carry workers’ compensation insurance if they have one or more employees in a regular trade, business or profession, with exceptions such as household domestic servants, employees of agricultural operations, railroad employees, executive officers under a certain threshold, volunteers and independent contractors.   Workers’ compensation insurance is intended to provide compensation for work-related injuries, regardless of negligence, provided your injury was incurred in the scope and course of your employment.

Even though workers’ compensation is your exclusive remedy for the negligence of your employer, you may have other claims.  Should your injuries be the fault of a third party, you may be able to seek compensation from the third party.  In this case, the workers’ compensation carrier may still pay your bills, however they are entitled to recovery of their payments from any settlement with the negligent party.  The employer is, however, protected from the third-party defendant’s attempts to seek contribution against an injured employee’s employer or co-workers.

There is one exception to the exclusive remedy provision, however.  If an employer who is subject to the Workers’ Compensation Act fails to carry workers’ compensation insurance or an acceptable alternative, Neb. Rev. Stat. § 48-145(3) provides that an employee can either elect to proceed under the act’s benefits or to seek to recover damages in a common-law action against the employer.

Workers’ compensation claims have a shorter time period in which to bring your claim than a normal negligence suit in Nebraska as well.  You should consult with an attorney knowledgeable in worker injuries to evaluate all potential claims as a result of the particular facts of your injury.

 

 

Do Side Air Bags Pose a Risk to My Children?

Front air bags have been required in all passenger cars since 1998.  Since that time, automakers have capitalized on the safety of adding side-impact air bags as a selling point.  Are side impact air bags really necessary?  Side impact air bags offer protection from fast-moving chunks on metal and glass which can fly freely in a side impact.  The majority of side impact deaths are a result of head injuries from a driver or passenger striking their head against a window. Side air bags are designed to protect your head and/or chest in an automobile accident stemming from the side of your vehicle.

 The Insurance Institute of Highway Safety reports side impact air bags can decrease deaths from side-impact crashes up to 45%.  Luckily, side impact airbags are designed to stay inflated longer than a front air bag, adding additional protection in a roll-over accident.  Side air bags, like front air bags, still provide a risk to small children or infants at high speeds.  Children are most vulnerable to injuries from air bags in the neck and head area.  Although many cars are now equipped with side airbags, there are no guidelines requiring them as standard equipment in new cars.  Never allow children under the age of 12 to ride in the front passenger seat of the car.  Air bags are designed to work with the lap and shoulder belt to protect an occupant in the event of a crash so all passengers age 13 and older should wear both a lap and shoulder belt when riding in the front seat.

Some side air bags are mounted from the roof of the vehicle, which position has not indicated a risk to children.  These airbags are tested by a Technical Working Group (TWG) and will have an “M” (meets requirement) in the column labeled “SAB Out of Position Testing” in your owners’ manual and are considered safe for children.  However, very few cars sold in the United States have this type of side airbag.  If you cannot determine if your side air bags have been deemed safe for children, you can call your car manufacturer for information regarding the type of air bag which comes standard in your make and model of car.

 For more information or for additional tips about air bag safety, visit the American Academy of Pediatrics website.

Lexapro Effectively Treats Depression, but Is the Cure Worse Than the Disease?

Major depressive disorder affects approximately 14.8 million American adults or about 6.7 percent of the United States population, age 18 and older (Archives of General Psychiatry, 2005 June; 62(6): 617-27).  It’s not surprising that pharmaceutical antidepressants have become such a big business.  Unfortunately, all synthetic medications come with side effects.  Prozac, Paxil, Lexapro and Zoloft are Serotonin reuptake inhibitors (SSRIs), which increase the extracellular level of the neurotransmitter serotonin, which can alter a person’s mood.

Lexapro was first introduced by Forest Laboratories in 2002, with generic versions approved in 2012, when the drug’s patent expired.  The drug received a black-box warning from the FDA regarding the increased risk of suicidal thoughts and behaviors in patients younger than 25 in 2004.  In 2006, Lexapro was given a grade C by the Food and Drug Administration for its level of safety when used during pregnancy.  Even so, the benefits of the drug sometimes outweigh the risks for some expectant mothers, therefore its use continues to gain approval.   In June of 2013, Lexapro (Escitalopram – generic version) was added to the MedWatch Adverse Event Reporting program of the Food and Drug Administration.

Dangers to an unborn fetus, however, have led to birth defects including Persistent Pulmonary Hypertension of Newborns (PPHN), Cleft Palette and/or Cleft Lip, heart defects, neural tube defects, limb defects, spina bifida and cranial defects.  Lawsuits stemming from the use of Lexapro allege a lack of warning about the dangers of the medication.  In 2010, Forest Laboratories was ordered to pay more than $300 million for illegally marketing Lexapro, as well as two other drugs.  The lawsuits are filed in two multidistrict litigation lawsuits in federal court in Massachusetts and Missouri.  Other lawsuits have been filed separate from the federal mass tort litigation for both increased risks of suicide and birth defects occurring after taking the drug during pregnancy.

If you or a loved one have experienced adverse reactions after taking Lexapro or Escitalopram, contact an attorney knowledgeable in mass tort litigation for an evaluation of your case.

 

Can I Protect My Parents from Elder Abuse and Nursing Home Negligence?

As our parents begin to age, we are reminded of our responsibility to protect them.  Elderly persons are at risk for bullying, being taken advantage of financially through scams, falls, and even neglect by those to whom we entrust their care.  We see them become more physically frail, sometimes even suffering dementia or other mental deficiencies as a result of age.  They will often lose their memory, eyesight, hearing or just not be able to think as clearly as they once did.  How do we detect elder abuse?  We try to keep in touch with our parents in order to avoid physical abuse, mental abuse, sexual abuse, neglect, abandonment or financial exploitation.

We must even be wary of healthcare fraud and abuse.  Some of the ways elderly people can be taken advantage of are by healthcare professionals not providing heathcare, but charging for it, overcharging or double billing for medical care and services, overmedicating or undermedicating, Medicaid or Medicare fraud, or even recommending fraudulent remedies for illnesses or other medical conditions.

Nursing homes are a primary location for elder abuse or nursing home neglect.  Some of the warning signs you should watch for are:

  • Unexplained signs of injury such as bruises, welts, or scars, especially if they appear symmetrically on two side of the body
  • Broken bones, sprains, or dislocations
  • Report of drug overdose or apparent failure to take medication regularly (a prescription has more remaining than it should)
  • Broken eyeglasses or frames
  • Signs of being restrained, such as rope marks on wrists
  • Caregiver’s refusal to allow you to see the elder alone
  • Bruises around breasts or genitals
  • Unexplained venereal disease or genital infections
  • Unexplained vaginal or anal bleeding
  • Torn, stained, or bloody underclothing

Classic examples of nursing home negligence include falls, medication errors and chronic bedsores.  If you suspect a loved one has been subjected to elder abuse or nursing home negligence, contact an attorney experienced in nursing home negligence.

A Patient’s Role in Preventing Medical Malpractice

In today’s world of health care, there are so many things that can go wrong. Unfortunately, we hear so much more about legal recourse than how to prevent medical errors. An ounce of prevention is worth a pound of cure. Although physicians owe us a duty of reasonable care in their treatment, as patients, taking an active role in our own medical care can prevent costly medical errors. When a patient takes an active role in their medical care through frank and honest conversations with their physician, both the doctor and the patient are rewarded with more confidence that the patient is not only receiving an accurate diagnosis, but also developing a good strategy to improve the patient’s long-term health and medical goals.

Patient-centered care saves money and becomes a building block for both the patient and physician. The health care reform law estimates that by 2015, there will be 15,000 new primary care physicians and roughly 40 million newly insured people. Patients who stay informed and active in their own care will fare better than patients who rely solely on the medical expertise of their physicians.

Do not be afraid to search for a differential diagnosis with your doctor. One way to do this is to simply ask your doctor “What else could this be?” Don’t be afraid to ask for a second opinion on your condition. If you have a complicated medical condition, seeking the advice of a specialist in addition to your primary care physician can only provide you with additional information regarding your condition. Ask about possible diagnostic testing which could confirm your diagnosis. Know what your long-term prognosis is, both with treatment and without. Ask your doctor about any new medications and how long it takes the medications to work. Be sure to let your physician know of any vitamins, natural medicine or over-the-counter drugs you may be taking in order to prevent interactions with other medications.

Remember that the medical history you provide to your physician is crucial in making correct medical decisions for your own care. Prescriptions, in particular, should be reviewed with your physician at every appointment in order to analyze whether medications may be causing side effects, masked as other medical conditions. Ask your physician how your health is overall and make notes prior and subsequent to your appointments in order to keep the physician informed. Ask what you can do to not only prevent your condition from becoming worse, but also to improve your overall health.

If your physician recommends surgery, be sure to ask what the benefits, risks and potential recovery options are. Ask your physician if lifestyle changes or other natural remedies would improve your condition. Find out if your condition is temporary or permanent, and what treatment you may expect to undergo in the future as a result of your condition. Through communication and actively asking the right questions of your physician, you can help prevent medical errors which are not only costly to you, but could affect your overall future health.

Is NuvaRing a Fatal Birth Control Decision?

In 2001, the FDA approved a new birth control device, NuvaRing.  By 2007, complications started to arise from the use of NuvaRing when a 32-year old woman died from complications associated with deep vein thrombosis.  She died from a pulmonary thromboemboli.  Other complications arising from the use of NuvaRing include severe blood clotting, which can also lead to amputation of the legs.  NuvaRing produces two types of hormones and is designed to prevent production of mature eggs.  The NuvaRing is a ring which is inserted into and makes contact with the vagina.  Common side effects were breast tenderness, loss of appetite, weight loss or gain, headaches, nausea, anxiety, dizziness, bloating and vaginal bleeding during menstruation.  Other women who have used NuvaRing have reported allergic reactions, loss of menstruation, breast discharge and/or lumps, migraines, numbness and/or swelling of limbs, shortness of breath, sudden vomiting, dark urine and coughing up blood.

As of December of 2013, thousands of people had filed lawsuits against NuvaRing as a result of complications suffered from use of the devise.  Although birth control has been known to increase the risk of blood clots, some studies have shown that newer forms of birth control such as the birth control patch, the ring and Yaz, increase the risk even more.  In 2012, the British Medical Journal published a study showing the risk of blood clots was 6.5 times greater with NuvaRing than with contraceptives which did not contain hormones.  A 2011 study from Kaiser Permanente and Medicaid reported that NuvaRing carried a 56 percent higher risk of blood clots when compared to older hormonal birth control pills.  Unfortunately those results were released prior to the adjustment of the results to look at only new birth control users, which can be important in order to evaluate only the results from NuvaRing use, rather than any prior birth control side effects.  Once adjusted, there was no conclusive evidence of an increased risk of blood clots with use of NuvaRing.  The study warned there was a lot of statistical variability in the study.    Still, even with the number of deaths that have taken place after use of NuvaRing, it is still being offered as a “safe and effective” birth control option for women.

If you or a loved one has suffered complications from the use of NuvaRing, please contact an attorney who is experienced in mass tort litigation for an evaluation of your case.