The Legal Examiner Regional Blogs

The Highe Cost of Defensive Medicine - What You Can Do About It

Ben Glass — Sat, 29 Jun 2013 05:48:00 GMT

Originally posted at The Legal Examiner by Ben Glass

Dealing with the Insurance Adjuster: Everyone is at Fault

Mike Bryant — Fri, 28 Jun 2013 12:12:00 GMT

This month, we will be looking at the issue of dealing with the insurance adjuster. I am amazed at how poorly consumers are treated and what things they are told. If you have a claim, I would suggest to you the advantage of meeting with an experienced personal injury lawyer to understand all of your rights. The insurance company may seem to be treating you correctly, but they don't represent you. They also are not lawyers, so don't take your legal advice from them.

They explain that everyone is a little at fault. That is totally untrue. The law is specific about what negligence or fault is. You are never at fault for just being there or waking up that day. Sure, they explain it in a way to get to a person’s insecurities and to profit off old myths. The problem is that it simply isn’t the law.

For the adjusters who are reading this and saying this isn’t them, I am glad to hear it. You are doing your job.

If you, your family, or someone you know is in an accident, it is worth taking the time to sit down and talk to an experienced law firm with success in helping people who are injured through no fault of their own. The consultations are free and it allows you to figure out what rights you have after an injury.

Originally posted at The Legal Examiner by Mike Bryant

I, For One, Welcome Our New Alien Overlords

Brett Emison — Fri, 28 Jun 2013 11:30:27 GMT

Ok. This is ~~slightly~~ way off topic. But it's Friday and it's been a long week and this caught my eye and I do the writing. Have you heard about Paul Hellyer? He is the former Canadian defense minister who testified earlier this month at the Citizen Hearing on Disclosure that aliens - the E.T. kind, not the immigration kind - are living among us. Hellyer claimed at least two E.T.s are working with the U.S. Government.

The video of Hellyer's testimony has gone viral with more than 1.2 million views as of the time this post was published.

Some highlights from Mr. Hellyer's testimony:

"... I accepted the invitation of Victor Viggiani and his cohort Mike Byrd, to speak at a symposium at the University of Toronto and I said, 'UFO's are as real as the airplanes flying overhead." That gave me the dubious distinction of being the first cabinet member of government rank in the G8 group of countries to say so unequivocally."
"... we spend a lot of time talking about the 6 year old cadavers, and I was glad to hear... that there are live E.T.s on earth at this present time, and at least two of them working with United States Government."
"At least four species" of alien have been visiting earth for "thousands of years".
Some of the E.T.s arrived from the "Zeta Reticuli, the Pleiades, Orion, Andromeda, and Altair star systems" and "may have different agendas."

Now, Mr. Hellyer does not appear to have had first-hand encounters with any of these groups of extra-terrestrials, though he claims to have spoken with a number of sources and "confirmed the contents" of his sources.

There you have it. Happy Friday.

Paul Hellyer, Ex-Defense Minister, Believes In Aliens [The Huffington Post Canada]
Aliens are visiting Earth according to former Canadian minister of defence [Jason McClellan at OpenMinds.tv]

Follow @BrettEmison on Twitter.

Originally posted at The Legal Examiner by Brett Emison

What Your Social Media Image Says About You

Michael Bogdanow — Fri, 28 Jun 2013 11:12:45 GMT

Michael Bogdanow, Managing Partner, Meehan, Boyle, Black & Bogdanow, P.C., Boston, MA

MBogdanow@MeehanBoyle.com

Without looking, do you remember what your profile picture, blog image or twitter thumbnail are? Can you recall your last post? Have you ever regretted a post? Those are important parts of the story that you have been telling the world – a story very much about you.

Shortly after the Boston Marathon bombing, profile pictures began emerging with a Boston angle – Facebook was flooded with them. People used their images as one piece of the story they needed to tell, the story of the bombing’s impact on them and their loved ones, including the city they love.

Social media is a platform for story-telling, and the social media image is one part of that platform. Science Daily has reported that in “most cases, your profile photo on Facebook tells viewers what they need to know to form an impression of you -- no words are necessary, new research suggests.” ("With the Right Photo, Your Facebook Text Profile Hardly Matters") Brandon Van Der Heide, lead author of this study, believes that positive (but not negative) photos “seem to be the primary way we make impressions of people on social networking sites.” (Negative photos lead to further inquiry.)

The story you tell may involve sports, home life, work, personality traits, etc., and your photograph provides the story’s book cover. Your photograph is one component of your social media image. Your profile also conveys your image. As explained in Clearly Conveyed Communications, “What’s in a social media profile? Everything," the profile picture is important, but so are your contact information, cover photo and profile, which combine to create your social media image. Use your profile to express aspects of yourself that would interest the types of people who you hope to connect with through social media. For your story, this is the “about the author” component.

As a lawyer and a visual artist, I am usually responsive to both text and imagery. However, when it comes to social media, my impressions of people are formed not so much by their “book covers” but more by what they say over an extended period of time. From my point of view, one’s social media image isn’t simply a picture or profile, it is the person’s entire use of social media, conveyed through posts, tweets, etc.

Some people post numerous publicity pieces about their career. Self-promotion is one of the primary uses of social media, but too much self-promotion may result in the audience tuning out. The goal should not only be to tell your story, but also for others to listen to it. Some posts include expressions of dislike of work, or address something personal such as “how did your surgery go?” Storytellers should ask themselves whether the posts belong in the public domain, and whether they are telling the story that they want told. As explained by Darren Sherrard in “What does your social media page say about you?”, “If you would not want your boss, your wife or your mother to read it, do not write it.”

There are positive ways to express your social media image. I’ve gotten to know people who I didn’t know that well, and learned much more about them through social media: their travels, interests, families - whatever they find the need and incentive to post about. A friend often posts what he’s cooking; I enjoy it, and usually respond with what I am cooking. From 300 miles away, I’ve learned how important cooking is to him. His story involves cooking, and that’s something that interests me.

My primary use of social media sites is somewhat limited. Although I use Twitter, Linked In and others, the one I turn to most regularly is Facebook. Originally, my use of Facebook was simply for my friends and family, with a focus on family events, travels and my art. Recently, I’ve allowed much more of my whole self to come through; I’ve started integrating my career in law, personal events, blogs and many of my personality traits. This fits the period of my life that I am in: letting the many sides of my life breathe freely and openly. This more holistic approach has impacted my social media image. Everything you do on social media provides others with a glimpse into your life. Use your social media image well, and your story will not only be told – it will be heard.

Originally posted at The Legal Examiner by Michael Bogdanow

Medical Spas... worth the risk?

Jim Lewis — Fri, 28 Jun 2013 09:49:24 GMT

Medical Spas, now offering invasive procedures such as botox, liposuction, and laser treatments, are taking advantage of patients, and regulatory standards, nationwide. A hybrid of a beauty shop and a doctor's office, medical spas have boomed over the past decade, increasing from 200 to 2,000 stores nationwide, leaving the regulatory industry playing catch up.

Recently these spas have been offering treatments that, if supervised by a doctor, require little to no regulation. Leaving no real code to define what a spa can provide, and who can provide it. Many times, an un-licensed, un-trained spa worker will administer procedures under the apparent “supervision” of the attending physician.

The spotty regulations surronding medical spas have left many bruised, burned, infected, and even dead after their treatments. State departments of health typically don’t regulate spas as they would hospitals, where treatments are only supposed to be “skin deep”. Now, with the addition of treatments like botox and liposuction, the term "skin deep" seems to be a flexible definition at best.

Dr. Richard Rosenblum, a plastic surgeon, warns potential patients that they should be aware of not only the effects of the procedure, but also who is performing it. “Every procedure has a risk to it…We wish they had zero risk, but there’s always a risk. If you have someone with little to zero cosmetic experience doing it, you may not get the desired effect, and if there’s a problem you don’t have a doctor to correct it.”

Originally posted at The Legal Examiner by Jim Lewis

UN Report Shows Rampant Global Use of Designer Drugs

David Mittleman — Fri, 28 Jun 2013 09:07:49 GMT

UN Gets Involved in Fight Against Bath Salts

I've written on several occasions about "bath salts", or legal designer drugs that are dangerous despite their innocuous sounding name. These drugs are considered psychoactive substances and have been linked to serious reactions that have led to injuries for users and bystanders alike. They are considered so lethal that the United Nations has taken notice in reaction to widespread and rampant use across the globe.

Designer Drugs Dangerous, Easy to Obtain

These designer drugs are sold openly, even on the Internet, and often go by names such as "meow meow", "spice", or "bath salts". The UN recently released a report on the use of the drug, stating that "the international drug control system is foundering, for the first time, under the speed and creativity" under the prolific use of the drug. Furthermore, the report also stated that the types of "bath salts" have increased astronomically since 2009, with 166 types reported in 2009 up to 251 by 2012. Unfortunately, young people tend to think they are getting a safe high when using bath salts but the opposite couldn't be truer.

Dangers of Bath Salts

http://www.youtube.com/watch?v=kTYNw_2yOkI

Bath salts are especially dangerous and the U.S. banned them in 2011 after classifying three chemicals used to make the drugs "controlled subtances" (the video above is from two years ago when the drugs were still legal in the U.S.). Bath salts have been linked to incidents of attempted suicide, aggressive violent crime, and other side effects including paranoia, delusions, depression, insomnia, seizures and panic attacks. Furthermore, the drugs' long-term effects are unknown but this does not seem to hinder their use. The UN has its work cut out for it in combating this important and growing problem.

Originally posted at The Legal Examiner by David Mittleman

Back breaking studies raise awareness of risks associated with popular spinal treatments

Michael Monheit — Fri, 28 Jun 2013 07:38:00 GMT

In the wake of two recent studies that suggested Medtronic Inufse Offers increased risks without an increased benefit, another study is claiming a potential link between steroid injections and spine fractures. The study reported in the June 5th issue of the Journal of Bone and Joint Surgery does not exactly say that the treatment itself is to blame but suggests that older adults who treat lower back pain with steroid injections may increase the odds of suffering a spine fracture. Steroid injections cause temporary pain relief, but have been known to decrease bone density over time. The Journal of Bone and Joint Surgery study took these findings a step further and suggested that steroid patients had an increase risk for spinal fracture. Lead researcher, Dr. Shlomo Mandel conducted the study with 6,000 patients with an average age of 66. Half of the patients received steroid injections to treat spine-related pain, while the other half received other treatments. Mandel found that the patients who treated with steroids were at a greater risk of developing a spine fracture. Each injection increased the risk 21 percent. Overall 150 patients who participated in the study were later diagnosed with a spine fracture. Dr. Mandel does not want to blame the injections on the spinal fractures, but he does want to doctors and be aware of the potential risks and benefits associated with steroid injections and to take this information into consideration when developing the best treatment plan. Mandel also suggest that older patients may be at a great risk for suffering a fracture than a younger patient. Spinal steroid injections are commonly used to treat such conditions as spinal stenosis, or a herniated disc. For more detailed information on this study, please visit: http://www.nlm.nih.gov/medlineplus/news/fullstory_137828.html

Originally posted at The Legal Examiner by Michael Monheit

What About These Recent HUGE Medical Malpractice Verdicts in Virginia?

Ben Glass — Fri, 28 Jun 2013 05:47:00 GMT

Originally posted at The Legal Examiner by Ben Glass

Lipitor Diabetes Risk and Statins Use

Shezad Malik MD JD — Thu, 27 Jun 2013 20:59:57 GMT

According to a new study, side effects of Lipitor and statin drugs appear to increase the risk of diabetes significantly. According to plaintiffs this data provides support for Lipitor diabetes product liability and injury lawsuits being filed throughout the country.

Canadian researchers published a study in the British Medical Journal, demonstrating that Lipitor users are 22% more likely to be diagnosed with diabetes than those not given the drug. The study found that Lipitor was associated with the greatest risk of diabetes. Crestor, was associated with an 18% increased risk of diabetes and Zocor, was associated with a 10% increased risk of diabetes.

Lipitor Lawsuits Over Diabetes Risks

Recently many lawsuits have been filed against Pfizer alleging that the drug maker failed to adequately warn consumers or the doctors about the risk of diabetes from Lipitor side effects.

Plaintiffs claim that because of diabetes side effect, they are now required to monitor their blood glucose levels, follow a diabetic diet and take medications to control their blood sugar. Plaintiffs also claim that they now face an increased risk of heart disease, blindness, neuropathy, kidney disease problems from diabetes.

Plaintiffs claim that if they had been provided warnings about the Lipitor side effects, they could have avoided diabetes by not to take the drug or by monitoring their blood glucose levels during treatment.

What are Statins?

Statins are widely used medications in the U.S., prescribed to millions of people to lower cholesterol by reducing blood levels of low-density lipoprotein (LDL) cholesterol, or “bad” cholesterol. Other statins include: Advicor, Altoprev, Crestor Lescol, Lovalo, Mevacor, Pravachol, Simcor, Vytorin and Zocor.

Lipitor Huge Blockbuster Drug

Lipitor (atorvastatin) generated about $125 billion for Pfizer before it became available as a generic in 2011. The medication has been heavily promoted in direct-to-consumer advertisements, encouraging patients to speak to their doctor about whether they need to be placed on Lipitor.

2012 Lipitor Warning Label Change

In February 2012, Pfizer updated the warning label for Lipitor to provide information to consumers about the potential risk of changes in blood sugar levels. Lipitor warnings still fail to adequately warn about the risk of diabetes and it is alleged that Pfizer withheld information about the importance of monitoring for changes in blood glucose levels.

MDL Consolidation Pending

A motion has been filed and a hearing scheduled on July 25, over whether all Lipitor diabetes lawsuits filed in U.S. District Courts throughout the country should be consolidated before one judge for coordinated pretrial proceedings as part of an MDL, or multidistrict litigation.

Consolidation is common in complex pharmaceutical litigation, where a large number of lawsuits are filed in the federal court system raising similar injury allegations associated with the same medication.

Originally posted at The Legal Examiner by Shezad Malik MD JD

Louisiana Byetta Pancreatic Cancer Lawsuit

Shezad Malik MD JD — Thu, 27 Jun 2013 20:13:00 GMT

A Louisiana woman has filed a lawsuit against Amylin Pharmaceuticals and Eli Lilly and Co., claiming that she developed pancreatic cancer from the use of Byetta diabetes drug. Electia Johnson filed the complaint in the U.S. District Court for the Southern District of California. Johnson alleges that Amylin Pharmaceuticals and Eli Lilly and Co., the makers of the diabetes injection failed to adequately warn about the pancreatic cancer risks.

Johnson states that she began receiving the Byetta pen injections in December 2006 for treatment of her type 2 diabetes. Johnson continued to use the medication until May 2010 and that the long-term use resulted in her developing pancreatic cancer.

Byetta Lawsuit Allegations

The Byetta lawsuits allege that Amylin and Eli Lilly knew or should have known about the effect the Byetta medication may have on the pancreas. Studies have demonstrated that Byetta increased the risk of chronic pancreatitis that may ultimately lead to pancreatic cancer.

The complaint alleges failure to warn, designing a defective product, negligence, breach of warranty, and fraudulent concealment. The claim seeks compensatory and punitive damages.

Incretic Mimetic Diabetes Drugs Linked to Pancreatic Cancer

Byetta (exenatide) is a skin injection that is used twice a day through a self-contained pen device. The drug is a class of medications known as incretin mimetics, which work by mimicking the incretin hormones that normally release insulin following a meal to help reduce blood sugar levels in type 2 diabetics.

Byetta was introduced in 2005, and was the first member of Incretic Mimetics to be approved in the United States. In 2006, Merck released Januvia (sitagliptin), in pill, and Janumet, which combines Januvia and metformin. Victoza (liraglutide) was released by Novo Nordisk in 2010 as a once a day injection.

FDA Investigation and Study

The FDA recently launched an investigation into the risk of all incretin mimetic diabetes drugs and pancreatic cancer. The safety review was approved after results of a recent study identified pre-cancerous changes in pancreatic tissue taken from individuals treated with one of the drugs. European health officials have also launched a similar review.

Januvia, Byetta and Victoza Lawsuit Claims

Lawsuits over Januvia, Byetta and Victoza involve similar allegations that the drug makers failed to adequately warn about the risk of pancreatic cancer and the importance of monitoring for changes to the pancreas during treatment.

MDL Consolidation Pending

A motion was filed with the U.S. Judicial Panel on Multidistrict Litigation (JPML) seeking to consolidate all pancreatic cancer lawsuits.

The U.S. JPML is scheduled to hear oral arguments on the motion at an upcoming session scheduled for July 25 in Portland, Maine. If an MDL is established for all Byetta lawsuits, Victoza lawsuits, Januvia lawsuits and Janumet lawsuits filed throughout the federal court system would be centralized in the Southern District of California, in San Diego.

Originally posted at The Legal Examiner by Shezad Malik MD JD