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The Texas Lawyers Blog provides useful information on the law and Texas lawyers. For more information on this Blog or a legal topic, please feel free to submit an inquiry or send an e-mail message to blog@texaslawyers.com
Saturday, August 28, 2010
Drug & Medical Device Marketing Executives and Fraud Schemes Target Medical Doctors with False Information to Increase Sales of Unsafe Drugs and Medical Products for Profits and Medicare Payments
Friday, August 27, 2010
Defective Tire Blow Out Lawsuits and Defective Tire Tread Lawsuits
- Loss of love, companionship, comfort, assistance, protection, affection or care
- Loss of financial support
- Lost benefits, such as insurance, from the death
- Loss of inheritance from an untimely death
The survival action lawsuit are claims for what the decedent would have recovered had the person survived the accident. These claims travel through the decedent's estate and either go to their heirs or beneficiaries depending if the person had done any estate planning. These damages include:
- Medical expenses prior to the death
- Pain and suffering associated with the untimely death
Defective Cold Therapy Unit Nerve Damage Lawsuits and Defective Cold Treatment Frost Bite Lawsuits
The problem or defect with some of these cold therapy devices is that it is often difficult for patients and consumers to determine if a recirculating ice cooler is too cold or if the defective cryotherapy device has been used to long. Desensitization from surgery or the initial injury often can mask the patient's sensitivity to cold and create a situation where the recirculating ice cooler, ice machine, or defective cold therapy device is used too long or at too high of levels causing the patient to suffer serious injuries including including nerve damage, tissue damage, childbain, frostbite, immersion syndrome, hypoxia, and infarction necrosis. Patients that have suffered injuries such as including nerve damage, tissue damage, childbain, frostbite, immersion syndrome, hypoxia, and/or infarction necrosis should immediately contact their health care provider.
Some of the problems associated with some defective cold therapy devices and defective cryotherapy devices are that the defective cold therapy device or cryotherapy device did not have proper automatic alarms or shut off information or come with adequate cold therapy warnings or instructions including the following product defects and inadequate warnings.
- The defective cold therapy device did not come with a cryotherapy shut off alarm that warns users of potential dangers of prolonged use or dangerous temperature settings.
- The defective cold therapy device or cryotherapy device did not have an automatic off mechanism that prevents extreme temperature settings or cryotherapy over use.
- The defective cold therapy device or cryotherapy device did not come with instructions or warnings on selecting temperature settings or dangerous temperature settings.
- The defective cold therapy device or cryotherapy device did not come with instructions, warnings, or recommendation as to length of time for proper cold therapy treatment or use.
- The defective cold therapy device or cryotherapy device did not come with instructions or warnings concerning running too long or too cold.
Extended use, extreme temperature use, unsupervised use, unmonitored use and prolonged use of these cold therapy and cryotherapy defective devices can cause serious injuries to both the skin and nerves resulting in skin damage, permanent nerve damage, chronic pain, nerve damage, tissue damage, childbain, frostbite, immersion syndrome, hypoxia, infarction necrosis, Complex Regional Pain Syndrome (CRPS), CRPS 1 (chronic nerve disorder in the arms or legs after a minor injury), CRPS 2 (caused by an injury to the nerve), Reflex Sympathetic Dystrophy (RSD), Reflex Sympathetic, Dystrophy Syndrome (RSDS), Complex Regional Pain Syndrome, Shoulder-Hand Syndrome, Causalgia, Sudeck’s Atrophy.
Saturday, August 14, 2010
United States and Mexico Bus Wrecks: Texas Serious Injury and Fatal Bus Accident Lawsuits
Tuesday, August 3, 2010
Traumatic Back Injury Lawsuits including Spinal Cord Injury Lawsuits as well as Crushed Disc, Bulged Disc, and Herniated Disc Lawsuits
Back and spinal injuries are some of the most difficult and life changing traumatic injuries that a person can suffer. Many types of traumatic accidents can cause a serious back injury that can cause significant pain as well as permanent physical impairment to a person. These back and spinal cord injuries can not only require significant and expensive medical treatment, but can also change a person's day to day life as well as end a person's career.
Treatment for Spinal Cord and Back Injuries include Cervical Decompression and Fusion Surgery, Lumbar Decompression and Fusion Surgery, Injections, Physical Therapy, and Spinal Implants
The human body has remarkable healing potential. Combining determination, proper medical attention, knowledge about an injury, and focus on the healing process can greatly help most injuries. Hiring a lawyer to battle the insurance companies and responsible parties will allow the injured person to focus on the healing process.
After a person has suffered a traumatic spinal cord injury or other serious back injury including a severed spinal cord, broken vertebrae, crushed discs, herniated discs, or a bulged discs; the most important thing you can do is to find a good medical doctor to assess the injury so that the injured person and their family knows their options and how to best treat the injury. From physical therapy and steroid injections to back surgeries (lumbar diskectomy, cervical fusion, and other lumbar or cervical procedures), there are many different ways to treat a back injury and it is important to know what will work best for you.
Fortunately, medical science has come a long way in treating back injuries and spinal cord injuries. Good neurosurgeons and orthopedic surgeons can often perform back surgery that can help severe spinal cord and back injuries.
Some types of back and neck surgery include:
Artificial Disc Replacement - is a procedure that involves replacing a painful disc that is causing chronic back pain with an artificial disc that provides pain relief without compromising the spine's natural anatomical structure.
Cervical Spinal Fusion - uses a bone graft in the cervical or neck/upper back to stop the motion at a painful vertebral segment for the purpose of decreasing pain generated from the damaged part of the cervical back, upper back, or neck.
Cervical Decompression Surgery - Decompression surgery involves removing a small portion of the bone over the nerve root and/or disc material from under the nerve root to relieve pinching of the nerve and provide more room for the nerve to heal. Depending on the patient's condition including cervical impingement an Ananterior Cervical Decompression Surgery (Discectomy), a Posterior Cervical Decompression and Fusion Surgery (Microdiscectomy), or a combination of operating from the front and back of the patient may be used.
Cervical Decompression and Fusion Surgery - Decompression surgery involves removing a small portion of the bone over the nerve root and/or disc material from under the nerve root to relieve pinching of the nerve and provide more room for the nerve to heal. The decompression surgery will sometimes de-stabilize the spine and create the need for a fusion to add stability. In these cases spinal instrumentation (such as a small plate) can also be used to help add stability to the spinal construct. Depending on the patient's cervical impingement an Ananterior Cervical Decompression Surgery (Discectomy) or a Posterior Cervical Decompression (Microdiscectomy) and Fusion Surgery (Discectomy) or a combination of operating from the front and back of the patient may be used.
Lumbar Spinal Fusion - uses a bone graft in the lumbar or lower part of a person's back to stop the motion at a painful vertebral segment for the purpose of decreasing pain generated from the damaged part of the lumbar or lower back.
Lumbar Decompression Surgery (Laminectomy) - Decompression surgery involves removing a small portion of the bone over the nerve root and/or disc material from under the nerve root to relieve pinching of the nerve and provide more room for the nerve to heal.
Lumbar Decompression and Fusion Surgery - The decompression and fusion surgeries are often used together because decompression surgery involves removing a small portion of the bone over the nerve root and/or disc material from under the nerve root to relieve pinching of the nerve and provide more room for the nerve to heal. Thus, decompression surgery or a laminectomy will sometimes de-stabilize the spine and create the need for a fusion to add stability. In these cases spinal instrumentation (such as a small plate) can also be used to help add stability to the spinal construct.
In addition to the above back surgeries, there are numerous implants and spinal devices as well as injections that can help people recover from back and spinal cord injuries. These procedures and devices can reduce pain cause by back injuries as well as help reduce impairment. However, it is extremely important when considering back surgery or other spinal procedures to make sure that you have a competent doctor and medical staff that you trust. A failed back surgery or defective medical device can cause more impairment, pain, and health problems than none at all. It is important to understand the risks of any back surgery or medical treatment.
An Injured Person and their Family Should Focus on Healing after a Catastrophic Back Injury and Spinal Cord Injury, While Their Lawyer Litigates the Catastrophic Back Injury and Spinal Cord Injury Lawsuit with the Insurance Company and Large Corporation
The second step after suffering a serious back or spinal cord injury is to determine how to pay for the necessary medical treatment and if it is necessary to hire an attorney to thoroughly investigate 1) the accident that caused the injury, 2) all potentially responsible parties, and 3) what type of insurance coverage may apply. This investigation may become complicated if a lawsuit is necessary.
It is important to hire an attorney that is interested in helping seriously injured individuals and their families recover compensation and assert their rights after an accident or crash. Whether a person is injured by a hazardous trap, falling object, helicopter crash, serious fall, dangerous defect, careless actions, or the negligence of another, individuals often need assistance from a Texas Catastrophic Back and Spinal Cord Injury Lawyer in dealing with and seeking money compensation from insurance companies and large corporations for the damages that they have suffered.
Texas Traumatic Back Injury Lawsuits including Spinal Cord Injury Lawsuits as well as Crushed Disc, Bulged Disc, and Herniated Disc Lawsuits
A serious back injury or spinal cord injury can cause extreme pain and paralysis requiring back surgery, physical therapy, home health care providers, and medical devices & equipment. Recovering from a back injury or spinal cord injury case take years and in many instances full impairment may never be obtained. In the more severe cases, the injured person may need help in their day to day life and may not be able to do many of things that they were able to do prior to the traumatic back injury or spinal cord injury.
For more information on Traumatic Back Injury and Spinal Cord Injury Lawsuits, please feel free to go to the following webpage on Traumatic Back Injury and Spinal Cord Injury Lawsuits.
Thursday, July 15, 2010
Isotretinoin and Accutane Inflammatory Bowel Disease (Ulcerative Colitis and Crohn's Disease) Lawsuits
Isotretinoin which is sold under several tradename including Accutane is an acne medication that is a synthetic form of Vitamin A. The drug has been commonly sold and marketed to alleviate severe acne symptoms by inhibiting oil gland and cell growth. Scientific evidence has linked the acne drug, Isoterinoin and Accutane, to severe side effects including increased risk of severe digestive problems, inflammatory bowel disease (IBD), Ulcerative Colitis, and Crohn's Disease.
Accutane and Isotretinoin Digestive Disorder Lawsuits including Inflammatory Bowel Disease (IBD), Crohn's Disease, and Ulcerative Colitis
The digestive system provides our bodies with nourishment as well as gets rid of toxins that can cause health problems. The digestive system includes the stomach, large and small intestines, and rectum. It converts the foods we eat into nutrients and absorbs these nutrients into the bloodstream to fuel our bodies. We seldom appreciate the workings of our digestive system unless something goes wrong, as in the case of inflammatory bowel disease (IBD).
Inflammatory bowel disease (IBD) is a group of inflammatory conditions of the colon and small intestine that can cause significant health problems and can be extremely unpleasant and can cause disability. The major types of Inflammatory Bowel Disease IBD are Crohn's Disease and Ulcerative Colitis
Crohn's Disease is a form of inflammatory bowel disease (IBD). It usually affects the intestines, but may occur anywhere from the mouth to the end of the rectum (anus). Crohn's Disease symptoms depend on what part of the gastrointestinal tract is affected. Symptoms range from mild to severe, and can come and go with periods of flare-ups. The main symptoms of Crohn's disease are cramps and abdominal pain, fever, fatigue, loss of appetite, pain with passing stool (tenesmus), persistent & watery diarrhea, and unintentional weight loss. Other symptoms may include constipation, eye inflammation, fistulas (usually around the rectal area, may cause draining of pus, mucus, or stools), joint pain, liver inflammation, mouth ulcers, rectal bleeding and bloody stools, skin rash, and swollen gums.
Ulcerative colitis is a type of inflammatory bowel disease (IBD) that affects the large intestine (colon) and rectum. Symptoms of Ulcerative Colitis can include abdominal pain and cramping that usually disappears after a bowel movement; abdominal sounds (a gurgling or splashing sound heard over the intestine); diarrhea, from only a few episodes to very often throughout the day (blood and mucus may be present); fever; tenesmus (rectal pain); weight loss; gastrointestinal bleeding; joint pain; and nausea and vomiting.
Isotretinoin Acne Medication and Related Health Problems including Inflammatory Bowl Disease IBD, Crohn's Disease, and Ulcerative Colitis
The leading pharmaceutical manufacturers of the acne drug, Isotretinoin, have received billions in revenue from the sale of the acne drug, Isotretinoin and Accutane. Isotretinoin is sold under several trade names including Accutane, Amnesteem, Claravis, Decutan, Isotane, Izotek, Oratane, Isotrex, Isotrexin, Sotret, Ratane, and Raccutane.
Isotretinoin is a medication used for the treatment of severe acne. It was first developed to be used as a chemotherapy medication for the treatment of some forms of cancer. It was later discovered that it was effective and treating severe acne. Though Isotretinoin including Accutane was originally only meant for the treatment of severe acne, over time many dermatologists pushed by pharmaceutical marketing representatives began to prescribe the drug for mild cases.
Isotretinoin including Accutane works by inhibiting the growth and reproduction of oil glands and cells. It depletes the body of molecules that hold water which help to keep skin, eyes, scalp, and joints well lubricated. Scientific research has determined that Isotretinoin including Accutane can cause several health problems including Crohn's Disease, irritable bowel disease, Ulcerative Colitis, depression, suicidal tendencies, birth defects, miscarriages, vision problems, ringing in the ear, psychosis, liver damage, heart attack, stroke, seizures, lowered white blood cell count, and inflammatory bowel disease.
Accutane FDA Action, Accutane Black Box Warning, and Accutane Lawsuits
The FDA has required a black box warning be put on all containers of Accutane, warning of all the known health risks associated with taking Isotretinoin including Accutane. A proper warning label notifying health care providers and users of a drug will typically protect a drug manufacturer from liability. As such, it is thought that because Isotretinoin and Accutane had warnings about the drug potentially causing birth defects and warnings to patients and medical providers that women who are pregnant or about to get pregnant should not take the drug, it is thought that birth defect cases will probably not be viable against the makers of Accutane.
However, Plaintiffs that have suffered severe inflammatory bowel disease after taking Accutane and were taking the drug prior to the risk being added to the warning label may have viable claims. This is because the drug manufacturer did not warn those outside the company of known serious risks of taking the drug. Plaintiffs that have suffered inflammatory bowel disease (IBD) including Crohn’s Disease and Ulcerative Colitis and took Accutane prior to the warning label changes are expected to have viable cases because it is thought that some of the manufacturers of Isotretinoin hid known health risks of the drug from medical doctors and the public in order to increase their revenues and profits.
Additionally, there are potential off label marketing issues where patients were given Isotretinoin when they did not have severe acne. These issue may impact the viability of potential cases if it is proven that the manufacturers provided false and misleading information to medical providers for the purpose of selling more of the drug.
For more information on Accutane Inflammatory Bowel Disease (IBD) Lawsuits and Accutane Inflammatory Bowel Disease (IBD) lawyers feel free to go to the following web page on Isotretinoin and Accutane Inflammatory Bowel Disease (IBD) Lawsuits.
Friday, July 9, 2010
Failed Back Surgery and Implantable Neurostimulation System Lawsuits
Failed back surgery including defective implantable neurostimulation systems can cause catastrophic injuries and impairment. These failed back surgery cases can be caused by defective spinal-devices or medical negligence, and can take significant resources to investigate and litigate a lawsuit. When investigating these potential failed back surgery lawsuits, it is important to know what implant had been used as well as to obtain medical records of the surgery.
Implantable Neurostimulation System Lawsuits, Defective Spinal Implant Devices, and Failed Spinal Cord, Neck, & Back Surgery Lawsuits
Implantable Neurostimulation Systems have been used for a variety of types of chronic back pain situations including heriniated disks, postlaminectomy paid, Complex Reginal Pay Syndrome, unsuccessful disk surgery, Degenerative Disk Disease, and Failed Back Syndrome. In fact, implantable neurostimulation systems and other spinal-devices are a huge business for the medical implant device industry including Medtronic, a leader in medical implantable devices. Medtronic’s spinal-devices unit has about $3 billion in annual revenue from selling spinal devices including the Medtronic implantable neurostimulation system. With this success, several other companies are developing similar implantable neurostimulation systems.
The Medtronic implantable neurostimulation system is indicated for spinal cord stimulation (
In reviewing failed back surgery implant cases, the failed back surgery lawyers have to determine if the implantable neurostimulation system was properly implanted by the spinal surgeon that implanted the spinal device as well as if the spinal device has some type of defect such as loose leads. For more information on this topic, feel free to go to the following web page, Failed Back Surgery and Defective Implantable Neurostimulation System Lawsuits.
Patients with Serious Back Injuries Including Severed Spinal Cords, Crushed Discs, Bulged Discs, and Herniated Discs when Seeking Pain Relief can sometimes Fall Victim to Defective Products, Negligent Health Care, and "For Profit" Medical Professionals Seeking to Increase Profits
The human spinal cord is basically a bundle of nerves which is surrounded by 33 bones or vertebrae. Located between each vertebrae is a spinal disc which is a liquid filled disc shaped pouch. These discs are stacked on top of one another and act as shock absorbers allowing the spine to flex, bend, and twist. When functioning properly, the vertebrae and discs protect the spinal cord allow nerve impulses to travel from and to the brain to other parts of the body. This allows us to experience sensations, move our bodies, and control many bodily functions.
Problems arise when the vertebrae, discs, or spinal cord are injured. Broken vertebrae can damage and impinge on discs or the spinal cord causing extreme pain, numbness, and loss of control of bodily functions. Back injuries can occur through traumatic events that result in paralysis. Depending where and how severe the injury is will determine what type and how severe the paralysis is.
The human body has remarkable healing potential. Combining determination, proper medical attention, knowledge about an injury, and focus on the healing process can greatly help most injuries. Hiring a lawyer to battle the insurance companies and responsible parties can allow the injured person to focus on the healing process.
If you or a loved one have suffered a traumatic spinal cord injury or other serious back injury including a severed spinal cord, broken vertebrae, crushed discs, herniated discs, or a bulged discs; the most important thing you can do is to find a good medical doctor to assess the injury so you know what you are dealing with and how to best treat the injury. From physical therapy and steroid injections to back surgeries (lumbar diskectomy, cervical fusion, and other lumbar or cervical procedures), there are many different ways to treat a back injury and it is important to know what will work best for you.
Unfortunately, there are also medical clinics, medical implant sales people, and doctors that are more interested in profit and their bottom line than what is best for a patient. Some of these medical professionals carelessly cause painful and difficult conditions to become much worse by paralyzing patients that are seeking relief from pain.
The "For Profit" System of Medicine Can Sometimes Cause Medical Negligence by Overworking Medical Professionals as well as Encouraging Clinics and Medical Providers to Maximize the Number of Surgeries and Procedures Performed Regardless of the Patient's Best Interest Resulting in Medical Malpractice Lawsuits
Unfortunately, medical mistakes happen when doctors and nurses get too busy, are understaffed, under the influence of drugs, are just not paying attention, or are encouraged to perform unnecessary procedures to make a profit. As medical budgets go down and healing people becomes more of a "for profit" business, cost cutting measures are causing more medical mistakes and encouraging unnecessary procedures on those with good insurance. Overworked surgeons, doctors, residents, and nurses are much more likely to make mistakes than well rested health care professionals.
Medical mistakes also happen more often when no one is watching. It is extremely important when you are in the hospital to have someone that is with you and watching out for your well being. This is especially true if you have an allergy to certain types of medicines. Communication with your health care professionals is also important and can greatly limit medical mistakes.
Further complicated procedures such as spinal cord surgery require extremely competent surgeons that are on the top of their game to successfully complete. A patient needs to be extremely careful when having spinal cord surgery to make sure that they have a good surgeon and everyone understands the risks of the procedure. In some cases, even the best surgeons that do everything correctly will have bad results and the spinal cord surgery will fail. However, at other times a defective product, a "for profit" surgeon or clinic, or a careless surgeon can cause a failed spinal cord surgery that will paralyze a patient for life.
Defective Implantable Neurostimulation System Lawyers, Medical Negligence Failed Back Surgery Lawyers, and Combination Failed Implantable Neurostimulation System Medical Negligence Spine Surgery Lawyers (Defective Implantable Neurostimulation System Medical Device and Medical Negligence Lawsuits)
As the economic pressures of the medical system keep pushing medical providers to become "for profit" and prioritize making money over the health of individual patients; unnecessary procedures, overworked staff, using defective products, and making mistakes will become more common and hurt people. It is extremely important to thoroughly investigate any clinic, hospital, surgeon or other health care provider prior to having spinal surgery, or any other complicated procedure. Please feel free to go to the following web pages for more information on Failed Back Surgery and Defective Implantable Neurostimulation System Lawsuits, Texas Medical Malpractice Lawsuits, and Federal Medical Malpractice Lawsuits.
Monday, July 5, 2010
Fatal Helicopter Accident Lawsuits, Fatal Air Ambulance Lawsuits, and Fatal Aircraft Maintenance Lawsuits
Sunday, May 16, 2010
Gulf Coast Oil Spill Lawsuits, Toxic Spill Lawsuits, Mass Tort Lawsuits, and Oil Spill Causes Catastrophic Damage to People, Business, Environment, and Property
The April 20, 2010 fatal blow out and oil spill at the Deepwater Horizon drilling rig in the Gulf of Mexico is one of the largest oil spills and environmental disasters in United States history. The impact from the Gulf of Mexico Fatal Blow Out and Oil Spill is expected to poison many environments; kill many types of wildlife; hurt many businesses; contaminate land all along the Gulf coast; and will have a devastating impact on the Gulf of Mexico economy and ecology including Alabama, Texas, Florida, Mississippi, Mexico, and Louisiana.
Gulf Coast Fatal Blow Out and Oil Spill Responsibility, Liability, and Lawsuits
In the wake of the April 20, 2010 Fatal Blow Out Explosion that started the oil spill, top officials from BP (British Petroleum), Transocean, Ltd, and Halliburton, have already started to attempt to shift the blame for the fatal blow out and oil spill on anyone but their own companies. Over the next several years, responsibility for and the extent of liability for the devastating fatal blow out and oil spill will be hotly contested in many Gulf of Mexico Fatal Blow Out and Oil Spill Lawsuits. These Blow Out and Oil Spill Lawsuits will be fought in many jurisdictions and will include many different Plaintiffs that have suffered damages as a result of the Gulf of Mexico Fatal Blow Explosion and Oil Spill.
With the catastrophic damage caused by the Gulf Coast Fatal Blow Out and Oil Spill, there is a strong probability that capped liability and teams of defense lawyers may protect those responsible for the fatal oil rig blow out explosion and slow containment efforts from having to compensate many of the businesses, property owners, industries, and people that have been significantly damaged by the fatal blow out and oil spill.
It has been determined that British Petroleum, PLC. (BP) owned the site and managed the operation as a whole at the time of the fatal blow out explosion and through the attempts to contain the oil spill. It is also agreed that Transocean, Ltd. was the owner and operator of the Deepwater Horizon drilling rig at the time of the fatal blow out explosion and that Halliburton provided well services to the well that blew out and exploded.
Fatal Blow Out Oil Rig Explosion Lawyers, Gulf Coast Oil Spill Lawyers, Gulf Coast Toxic Oil Spill and Failed Containment Lawyers, and Mass Tort Lawyers
Teams of Fatal Blow Out Oil Rig Explosion Lawyers and Gulf Coast Oil Spill Lawyers are now preparing for a huge litigation battle that could take more than a decade. For more information on Mass Tort Litigation Lawsuits and Gulf Coast Fatal Oil Rig Blow Out Explosion and Oil Spill Lawsuits, feel free to go to the following web page on Mass Torts and Gulf Coast Oil Spill Lawsuits.
Monday, April 26, 2010
Hospital Whistleblowers and U.S. Department of Justice Recover Billions in Medicare Fraud
Hospital Administrators including medical billing specialists, medical coding specialists, accountants, benefit specialists, facility coding supervisors, CEOs, vice presidents, and managers have been stepping up with doctors, nurses, and patients to blow the whistle on Medicare Fraud. These Hospital Administrators, Nursing Home Administrators, and Hospice Coordinators have been working with Medicare Fraud Qui Tam Lawyers and the United States Department of Justice to recover Billions of dollars in illegal kickbacks, medical double billing fraud, medical coding fraud, medical supplemental outlier payment fraud, and other forms of Medicare fraud. These hospital whistleblowers not only have been able to save United States Tax Payers Billions, but those that are the original source with special knowledge of the fraud and were first to file lawsuits on the fraud have been able to collect millions of dollars as a relator under the Federal False Claims Act.
Federal False Claims Act Amendments Encourage Medicare Fraud Recoveries
Recent Amendments to the Federal False Claims Act have not only increased protections for whistleblowers, but have also expanded the Federal False Claims Act to include subcontractors. By expanding the protections for whistleblowers and the potential liability for those committing Medicare fraud, the Federal Government is attempting to encourage more whistleblowers including hospital administrators to come forward and help fight Medicare fraud. The ultimate goal is to work with knowledgeable health care professionals to help reduce and recover more of the approximately $100 Billion in Medicare and Medicaid fraud that occurs each year.
In increasing the amount of potential Medicare fraud cases, the United States government had enacted an amendment to the Act that redefines "claim" to include claims submitted "to a contractor, grantee, or other recipient, if the money or property is to be spent or used on the Government's behalf or to advance a Government program or interest." This language makes explicit the ability of Government and whistleblowers to pursue subcontractors and grantees. This expansion will allow Hospital Administrators and other whistleblowers to potentially qualify as a relator and recover a portion of the recovered funds when turning in fraudulent health care providers and other businesses that contract with government programs.
Hospital Administrator Whistleblowers Have Specialized Knowledge
Because of the specialized knowledge that Hospital Network Administrators, Nursing Home Administrators, and other Health Care Professionals have regarding Medicare Coding, Outlier Payments, Medical Billing, Medicare Reimbursement, Medicaid Reimbursment, and Hospice Eligability, many are able to be the original source with special knowledge of fraud including Medicare Fraud, Tricare Fraud, VA Fraud, and Medicaid Fraud. This will allow many hospital administrators, nursing home administrators, and other health care professions that are the first to blow the whistle on Medicare Fraud, Medicaid Fraud, or other health care fraud to qualify as a relator and recover a portion of the recovered money.
For more information on Hospital Administrator Whistleblower Lawsuits, please feel free to go to the following web page, Hospital Administrator Whistleblower Medicare Fraud Lawsuits. This web page includes information on several recent lawsuits and settlements regarding Medicare and Health Care Fraud.
Thursday, April 22, 2010
Antiepileptic Drug (AED) Topiramate andTopamax Suicide Lawsuits
Antiepileptic Drug (AEDs), Anticonvulsant Drugs, and Topamax FDA Warnings and Safety Alerts (Topiramate Suicide Lawsuits)
On May 5, 2009, the FDA mandated a new warning for Topamax and all anticonvulsant drugs. The antiepileptic drug (AED) class label changes mandated that Topamax and all anticonvulsant drugs update product labeling to include a warning about an increased risk of suicidal thoughts or actions. Further, these manufacturers were directed to develop a Medication Guide to help patients understand the risk of suicidal thoughts or actions caused by the antiepileptic drugs. These changes affected all approved AEDs including Topamax except those indicated only for short-term use.
The FDA approved advice to be given to healthcare professionals is that "epilepsy and other illnesses for which antiepileptic drugs are prescribed are associated with an increased risk of suicidal thoughts and behavior. If suicidal thoughts or behavior emerge during treatment with AEDs, the prescriber should consider whether these symptoms may be related to the illness being treated. All patients who currently are taking or starting on any antiepileptic drug for any indication should be monitored for notable changes in behavior that could indicate the emergence or worsening of suicidal thoughts or behavior or depression."
Since the FDA issued safety alerts for the antiepileptic drugs on December 16, 2008 and January 31, 2008, the FDA has been working with the manufacturers of drugs in this class to better understand the suicidality risk. As described in the January 31, 2008, Information for Health Care Professionals Sheet on AEDS, eleven antiepileptic drugs were included in FDA’s original pooled analysis of placebo-controlled clinical studies in which these drugs were used to treat epilepsy as well as psychiatric disorders and other conditions. The increased risk of suicidal thoughts or behavior was generally consistent among the eleven drugs, with varying mechanisms of action and across a range of indications. This observation suggests that the risk applies to all antiepileptic drugs used for any indication.
Topamax Birth Defect Malformation Lawsuits and Cleft Lips or Palate Lawsuits (Topiramate Birth Defect Lawsuits)
The epilepsy and migraine drug Topamax has also been associated with an increased risk of birth defects for children of mothers that were taking the drug during pregnancy. Research studies have found that there are higher than expected rates of babies born with cleft lips, cleft palates, genital defects and other birth malformations when Topamax is used by women during pregnancy. Thus there is growing amounts of research that indicate that the use of the epilepsy and migraine drug, Topamax, either on its own or in combination with other epilepsy drugs, may increase the risk of birth defects when it is used during pregnancy.
Topamax and Topiramate FDA Approved Uses
Topamax (generic name: Topiramate) is an anticonvulsant drug also referred to as an antiepileptic drug (AED) that is produced by Ortho-McNeil Neurologics and Noramco, Inc., both divisions of Johnson & Johnson. Topamax was first approved by the Food and Drug Administration in 1996 to treat epilepsy. In 2010, Topamax is approved for use by itself or in combination with other meds to treat a variety of forms of epilepsy as well as to treat migraines.
Off-Label Uses of Topamax and Topiramate
The Federal Food Drug and Cosmetic Act (”FDCA”), provides a systematic scheme for the approval of new drugs and new drug formulations intended to be marketed for use in interstate commerce. Under the FDCA, a new drug product cannot be marketed unless the FDA approves the product and determines that it is safe and effective for its intended use. When the FDA approves a drug, it approves the drug only for the particular use for which it was tested, but after the drug is approved for a particular use, the FDCA does not regulate how the drug may be prescribed. Thus, a drug that has been tested and approved for one use only can also be prescribed by a physician for another use, known as “off-label.”
Though physicians may prescribe drugs for off-label usage, the FDA prohibits drug manufacturers from marketing or promoting a drug for a use that the FDA has not approved. A manufacturer illegally “misbrands” a drug if the drug’s labeling includes information about its unapproved uses. A drug is deemed misbranded unless its labeling bears adequate directions for use. The courts have agreed with the FDA that the FDCA requires information not only on how a product is to be used (e.g. dosage and administration), but also on all the intended uses of the product. Oral statements and materials presented at industry-support scientific and educational activities may provide evidence of a product’s intended use. If these statements or materials promote a use that is inconsistent with the product’s approved labeling, the product is misbranded under the FDCA for failure to bear labeling with adequate directions for all intended uses.
Topamax is also being marketed for several off-label uses. Some of the off-label uses of Topamax include for treatment of bipolar disorder, cluster headaches, eating disorders, obesity, fibromyalgia, depression, posttraumatic stress disorder (PTSD), alcoholism, sleep disorders, sleep-eating disorders, infantile spasms, autism, periventricular leukomalacia in preterm infants after an hypoxic-ischemic injury, essential tremor, bulimia nervosa, obsessive-compulsive disorder, smoking cessation, idiopathic intracranial hypertension, neuropathic pain, and cocaine dependence.
Topamax Suicide Lawsuits and Topiramate Suicide Lawyers
Topamax Topiramate Suicide Lawsuits are currently in the process of being filed in the United States. It is expected that several Topamax Suicide Lawsuits will be filed in 2010 and Multidistrict Litigation status will be sought by Topamax Lawyers. For more information on Topamax Lawyers and Lawsuits, please go to the following web page: Topamax Suicide Lawsuits Antiepileptic Drug Suicide Lawyer.