Personal Injury: May 2010 Archives

May 24, 2010

St.Joseph tells 169 more patients they may have had unneeded stent surgery


St. Joseph Medical Center in Towson is facing lawsuits and two federal investigations related to its cardiac care division has just informed 169 more heart patients received costly and dangerous treatments that were not needed.
These additional cases bring the total to 538 patients notified by St. Joseph's that coronary stent implants they received at the hospital may have been unnecessary. Officials at the Hospital also said more questionable procedures may be uncovered while an internal review continues.
The St. Joseph's announcement is the latest debacle in an issue that has spawned a class action lawsuit, required the removal of a prominent physician and interested the U.S. Senate. It could also result in a multi-million dollar fine for the hospital per court records.
The hospital began investigating its heart catheterization procedures after several warnings last year from federal investigators and quickly focused on stents implanted by a leading cardiologist and senior physician, Dr. Mark Midei.
Stents, which are mesh tubes placed into damaged arteries to open them up are generally implanted in patients with at least a 70% blockage. But hospital officials in their review discovered stents implanted by Dr. Midei had insufficient blockage. And that the amount of blockage was overstated in the medical reports.
"Leaders of (St. Joseph) felt it was their ethical responsibility to notify these patients to allow them to determine if medical follow-up was appropriate." The hospital said in a statement. They reiterated that Midei (who is no longer at the hospital) is the only doctor under investigation.
In 2008 Midei was recruited to lead the cardiac catheterization department at St. Josephs from his former employer MidAtlantic Cardiovascular Associates of suburban Baltimore.
Last month the U.S. Senate Finance Committee requested St. Joseph to turn over all the records of its financial relationship with stent manufactures and how the $10,000 procedures were billed to federal and private insurers.
"In addition to putting the patients lives at risk unnecessary medical procedures amount to wasteful spending of precious federal health care dollars." Said the U.S. Senate in a letter to the hospital.
If you or a loved one is the victim of a medical mistake please call my office at 1 (800) 320-0080.

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May 23, 2010

Major Tobacco Corporations lose $20 Million Verdict


A six person jury found three cigarette companies responsible for the cancer death of a Florida woman. The woman had begun smoking in 1953 at the age of 15 and died in 1995.
The lawyer who was representing her three children stated , "She started smoking in an era when cigarette advertising was pervasive, on TV-- in its infancy - in print media and on radio."
The verdict follows a series of losses by the tobacco industry after a ruling by the State Supreme Court in a tobacco class action case. In the decision the high court decertified a statewide class of addicted smokers and permitted individual suits to go forward.
Jurors reached the verdict after less than a four hour deliberation.
The jury awarded the victims family $ 15 million in compensatory damages. Jurors assigned 35 % of the responsibility to the victim for her death; 15% to one cigarette company and 20% to the other one. Jurors also assessed $2.5 million in punitive damages each cigarette company.
In most of the post-Engle cases the compensatory portion of the award has been reduced by the plantiff percentage of responsibility as found by the jurors. The issue hasn't yet been resolved in this case.
The Supreme Court upheld many of the factual findings of the jury trial in the past case including finding that the cigarette companies conspired to conceal information about the addictiveness of smoking and that cigarettes are an unreasonably dangerous product. The Supreme Court further ruled that these findings would apply in all future individual trials. The cigarette companies believe this ruling denies them rights to a fair trial.
The tobacco companies Sr. Vice President and general counsel said " We believe this verdict should be reversed because the court's trial plan improperly eliminated any requirement that plantiff prove that the companies did anything wrong to recover damages."
A spokesman for the tobacco company said they were disappointed and plan to appeal.
If your family members or loved ones have been a victim of a wrongful death call my offices located in Baltimore and Rockville, Maryland at 1-800 -320-0080 or email me at jostad@verizon.net for a free consultation.

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May 5, 2010

County-insurer Refuses to Pay Judgment

In December 2004, a man was severely injured when the tire of his car got caught on a six-inch lip on the roadside and he lost control crashing into a guardrail that impaled the vehicle. The man was left with a amputated left leg and an almost severed left arm. He sued the county that was responsible for maintaining the road, and won a verdict of $31 million.

Days after the verdict, the county's insurer sued the county claiming that it should not have to pay because the county's attorney did not properly prepare for trial or adequately update the insurance company. The county claims that the case was handled properly and that the insurance company only voiced its concerns after the verdict. Meanwhile, the man continues to have pain from the accident and cannot receive the medical treatment he needs until the judgement is paid.

If you or a loved one has suffered an injury please call my offices at 1(800) 320-0080.http://www.maryland-attorney.us/lawyer-attorney-1112627.html

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May 5, 2010

Paralyzed Man Wins Negligence Award

A paralyzed man won $19.2 million in a negligence claim against a local Medical Center. The patient was admitted to the hospital after complaining of severe back pain. The hospital did not conduct an MRI or CAT scan until two weeks after he was admitted. The patient was subsequently diagnosed with a spinal abscess, an infection on his spinal cord, that quickly led to permanent paralysis. This injury could have been easily avoided had the hospital taken the proper diagnostic test to determine the cause of the injury. This Hospital's failure to take the necessary actions led to this Patient's paralysis.

The suit claimed that there was not a particular physician or specialist that was directing his care contrary to the established hospital standards. After the diagnosis, a neurosurgeon tried to reverse some of the damage but it was too late. The patient has been paralyzed from the chest down and has been living in a nursing facility for five years because he was unable to get around independently in his own home. This patient requires life time care and monitoring which led to a successful verdict.

If you or a relative or a loved one has been injured as a result of other people's negligence please contact me at my offices in Rockville or Baltimore to discuss your case free of charge at (800) 320-0080.

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