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Juries Hand Down Sizeable Awards in Med-Mal Cases

Juries in Indiana have awarded plaintiffs $1.21 million and $5 million in two medical malpractice cases, the Indianapolis Star reports. The verdicts stem from cases involving an unnecessary foot surgery and a miscommunication about X-rays which caused the plaintiff to lose a portion of her stomach. Awards of this size are rare in the state, the newspaper says, and will be reduced because of caps on medical malpractice awards. [Indianapolis Star]

This worries me. Here we have two cases where persons were injured, and a jury of their peers awarded “rare” high dollar verdicts.  Now caps are slashing those verdicts to coincide with legislation. If these verdicts are so “rare,” why are caps needed? Just another means by which someone does not achieve the justice they deserve.

Ed Wallis and other attorneys in his firm handle medical malpractice cases on behalf of injured persons and their families. If you or someone you love has been injured as a result of medical malpractice, doctor malpractice, pharmacy malpractice, or nurse malpractice, you can contact him at (901) 527-2125. If your loved one died as a result of the actions of a doctor or other health care provider, please call Ed Wallis today at (901) 527-2125. You can email Ed Wallis by clicking HERE.

We are here to try and help you by offering personal service to our clients. You will have my personal cell phone number, the direct number to my desk and my email address. I value the opportunity to represent my clients, and I will make myself available to you and your family for your legal needs.

Ed Wallis and attorneys in his firm help injured persons receive justice across Tennessee and the Mid South: Memphis, Nashville, Knoxville, Chattanooga, Jackson, Clarksville, Dyersburg, and beyond. Whether it is helping you or your loved one in Northern Mississippi, Eastern Arkansas or anywhere else (as we can assist you in finding attorneys wherever your case may be), please contact us today:

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FDA Warns Consumers to Discontinue Use of Zicam

Explaining the Cases

Zicam is a popular non-prescription zinc nasal spray. Its manufacturer markets it as a medication to shorten the duration of the common cold. Zicam has been associated with the onset of a condition known as anosmia, which leaves the user with a potentially permanent loss of smell and taste. These side effects typically are irreversible. The federal Food and Drug Administration (FDA) currently is collecting and evaluating reports of severe reactions to Zicam.

Zicam Manufacturer Describes Reports of Anosmia as “Completely Unfounded”

Although there are widespread reports of potential problems with the medication, the manufacturer of Zicam refuses to warn users about the possible dangers of the drug. Matrixx Initiatives, the manufacturer of Zicam, reported on their web site that the medication is “safe” even though there is an admission that they had not conducted any studies on the loss of smell.

The manufacturer of Zicam went even further when it released a notice on February 6, 2004 “reaffirming” the safety of Zicam. The manufacturer claimed:

Reports alleging anosmia—or loss of smell—in a small number of patients using zinc gluconate intranasal gels for the treatment of the common cold are completely unfounded and misleading.

These safety notices issued by Matrixx were made even though the company admitted it had not conducted any studies on loss of smell and in the face of numerous user reports and news stories linking the nasal spray with anosmia.

More recently, on June 16, 2009, the FDA advised consumers to discontinue use of several Zicam Cold Remedy products due to the risk of anosmia, a potentially permanent loss of smell. Matrixx Initiatives, the manufacturer of Zicam, settled approximately 340 cases in January 2006 involving people who alleged anosmia following use of Zicam. The FDA indicated it had received complaints from 130 consumers dating back to 1999.

The FDA issued a warning letter stating the products no longer can be marketed without FDA approval. Matrixx Initiatives previously took the position that Zicam was a homeopathic drug not subject to FDA regulation.

If you have been injured by taking Zicam, please contact Ed Wallis at (901) 527-2125, send him an EMAIL by clicking HERE, or fill out this FORM:

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Arizona considers more difficult medical malpractice standard

Arizona lawmakers are set to weigh a measure that would make it more difficult for plaintiffs to recover damages in medical malpractice cases, the Arizona Daily Star reports. Under the proposed bill, plaintiffs in medical malpractice cases would be required to prove by “clear and convincing evidence’ that doctors failed to meet expected professional standards. A similar bill was vetoed by former governor Janet Napolitano in 2006. [Arizons Daily News].

Medical malpractice cases are complex, and the defense (read as: the doctors and hospitals) have a bank-full of money to make recovery of your damages as difficult as possible. Increasing the standard required is simply a further effort to preclude recovery by real men, women and children who have been harmed.

If you want to talk to a lawyer about a medical malpractice lawsuit, or think you may have a claim, please visit the MEDICAL MALPRACTICE PAGE.

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Ed Wallis helps injured persons receive justice in Memphis, Tennessee, across West Tennessee, Jackson, Tennessee, Dyersburg, Tennessee, Nashville, Tennessee, Knoxville, Tennessee, Chattanooga, Tennessee, and across the state of Tennessee. If you live around the Mid South, including West Memphis, Arkansas, Southaven, Mississippi, Olive Branch, Mississippi, Horn Lake, Mississippi, Hernando, Mississippi or anywhere in or around Memphis, Tennessee, he can be of help to discuss medical malpractice lawsuits and your medical malpractice injuries.

You can also call Ed Wallis at (901) 527-2125, send Ed an E-MAIL BY CLICKING HERE, or by filling out this form:

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Indiana Jury Awards Damages in Medical Malpractice Case

An Indiana jury has ordered several Indianapolis health care providers to pay a combined $5 million to a woman who was misdiagnosed in 2000. According to the lawsuit, Clarian Health Partners, Radiologic Specialists of Indiana and Dr. Richard L. Gilmor failed to diagnose that the woman had suffered a ruptured diaphragm. The misdiagnosis led to the removal of a third of her stomach and ongoing complications, an attorney for the woman said. State medical malpractice caps will limit the award to $1.25 million. [Indianapolis Star].

The good news is that a jury of this injured citizen of Indiana. The bad news is that the plaintiff will receive less money than a jury of her peers awarded because of caps. Worth mentioning, medical malpractice caps did not prevent this lawsuit, which some proponents claim is a guarantee if caps are implemented across the country.

I try to help people that have been injured as a result of medical malpractice, hospital malpractice or other forms of medical wrongdoing. If you believe you have been injured, please contact me. I will make myself available to speak directly to you.

Ed Wallis and other attorneys in his firm handle medical malpractice cases on behalf of injured persons and their families. If you or someone you love has been injured as a result of medical malpractice, doctor malpractice, pharmacy malpractice, or nurse malpractice, you can contact Ed Wallis or other attorneys in his firm at (901) 527-2125. If your loved one died as a result of the actions of a doctor or other health care provider, please call Ed Wallis today at (901) 527-2125.

Ed Wallis helps injured persons receive justice in Memphis, Tennessee, across West Tennessee, Jackson, Tennessee, Dyersburg, Tennessee, Nashville, Tennessee, Knoxville, Tennessee, Chattanooga, Tennessee, and across the state of Tennessee. If you live around the Mid South, including West Memphis, Arkansas, Southaven, Mississippi, Olive Branch, Mississippi, Horn Lake, Mississippi, Hernando, Mississippi or anywhere in or around Memphis, Tennessee, he can be of help to discuss medical malpractice lawsuits and your medical malpractice injuries.

You can also call Ed Wallis at (901) 527-2125, send Ed an E-MAIL BY CLICKING HERE, or by filling out this form:

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EPA Orders Payments to Asbestos Victims: Contact Ed Wallis for Memphis, Tennessee asbestos help

The Environmental Protection Agency announced Wednesday that it will provide $6 million in funding to help residents of a small Montana town who were sickened by asbestos exposure. The announcement comes as part of the agency’s first-ever public health emergency and will cover the towns of Libby and Troy. The Department of Health and Human Services estimates that 50 new cases of asbestos-related illnesses are diagnosed in the two towns each year.  [The Washington Post].

If you have sustained injuries by an asbestos-related illness, whether in Memphis, Tennessee or beyond, please contact Ed Wallis for assistance with your asbestos-related claims. You can call him today at (901) 527-2125, send him an email by clicking HERE or fill out this form:

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More on Medtronic’s payment to physicians.

A former military surgeon accused of falsifying medical research received more than $780,000 from Medtronic between 2001 and 2009, according to information released on Wednesday by the company. Medtronic said the payments to Dr. Timothy R. Kuklo were reimbursement for travel expenses, speaking engagements, training other doctors or other consulting services. The Justice Department is currently investigating whether Medtronic paid doctors like Dr. Kuklo to help market medical devices for unnaproved uses. [New York Times].

Medtronic’s conduct has been previously discussed by the author. [Here] and [Here].

If you have evidence and/or information about a medical device company that is making improper or “under the table” payments to doctors or physicians, call Ed Wallis at 901-527-2125. Our firm can discuss qui tam actions in Memphis, Tennessee. Or fill out this form:

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Officials: Device Maker Engaged in Illegal Marketing

Federal prosecutors on Tuesday indicted a medical device maker and four of its executives on charges that they illegally tested and promoted a bone filler for unapproved uses. According to the indictment, Synthes Inc. pursued unapproved trials for its Norian XR product and promoted it aggressively among select doctors. It is unusual for federal prosecutors, who typically favor civil actions in such cases, to pursue criminal charges against corporate executives. [The New York Times]

Civil actions are not necessarily common either, but the FDA in 2007 pursued civil penalties against Advanced Bionics, a manufacturer of cochlear implants. Advanced Bionics settled shortly thereafter with he FDA, agreeing to pay $1.1 Million Dollars on behalf of the company and $75,000.00 on behalf of CEO Jeffrey Greiner.

Our firm is representing persons who were injured as a result of the HiResolution 90k / HiRes90k / CII-x cochlear implant manufactured by Advanced Bionics.  If you or a loved one has had difficulty hearing with your Advanced Bionics cochlear implant, has endured test after test with no positive results, have experienced shocking, popping or crackling sounds, or the device has simply stopped working, you may be entitled to recover damages from multiple entities. You may have received a cochlear implant recall letter from Advanced Bionics in 2004 or 2006. Please call Ed Wallis today at (901) 527-2125, or (901) 275-0600. You can visit our COCHLEAR IMPLANT PAGE as well, send us an E-MAIL BY CLICKING HERE or fill out this form:

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Tim Edwards and Ed Wallis are representing clients that have been injured by the Advanced Bionics HiRes90k cochlear implant. They are cochlear implant lawyers and are representing clients in cochlear implaint law suits. They stand ready to discuss your case or your loved one’s case day or night, weekday or weekend, at (901) 527-2125 or (901) 275-0600.

Medical Malpractice Survivors Decry Possible Stripping of Rights

For Release:
June 15, 2009

Contact: Joanne Doroshow or Andy Hoffman - Center for Justice & Democrary
(212) 267-2801; cell (917) 548-5263

MEDICAL MALPRACTICE SURVIVORS DECRY
POSSIBLE STRIPPING OF RIGHTS IN PRESIDENT’S HEALTH CARE PLAN

NEW YORK - Sixty-four survivors of medical malpractice from 21 states sent a
letter to President Obama today expressing extreme concern that the rights
of medical malpractice victims have become a “political bargaining chip” in
the President’s efforts to sell his health care plan, and that their rights
may be stripped away as a result. Reports now indicate that the President
supports measures that would drastically limit injured patients’ rights to
trial by jury by allowing biased medical societies or politicians to make
liability decisions. The group of malpractice survivors have requested a
meeting with President Obama to express dissatisfaction with the President’s
willingness to include far-reaching medical malpractice limits in his
national health care proposal.

The survivors are working with the national consumer group Center for
Justice & Democracy in trying to get their voices heard. CJ&D Executive
Director Joanne Doroshow said, “Taxpayers have already been asked for
billions of dollars to rescue Wall Street banks. Now they may be asked to
give up their constitutional rights. What’s next?”

Donna Harnett, a Chicago resident whose son, Martin, was severely
brain-damaged at birth due to delivery errors, said, “Any proposal that
would limit the right to trial by jury would be devastating to families like
mine who have suffered catastrophic injuries. Moreover, it will do nothing
to expand health coverage or reduce health care costs.”

“I am very disappointed that the President is considering measures that
would put patients rights in jeopardy. I certainly hope that he accepts our
request to meet with families like ours, who have had lives ruined and lost
loved ones to medical negligence,” said Michael Bennett of Baltimore,
Maryland. Mr. Bennett’s father, Mark Bennett, died after being exposed to
six types of bacteria while in the care of a Baltimore-area hospital.

“As survivors of medical negligence, we believe that our voices should be
heard in any discussion that could result in curbing the legal rights of
seriously injured patients,” said Dylan Malone of Seattle, Washington, whose
son, Ian, died several years after being severely brain damaged due to
delivery-related errors.

The text of the letter follows:

###

June 15, 2009

President Barack Obama
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500

Dear President Obama:

We are writing to request a meeting with you to discuss the issue of medical
malpractice, which news reports now indicate may be part of your national
health care proposal as a political “bargaining chip.”

We are part of a group of survivors of medical negligence who are concerned
that our voices be heard in any discussion that could result in curbing the
legal rights of seriously injured patients. We are extremely concerned that
the rights of medical malpractice patients may be stripped away as part of
your national health care proposal. This includes restrictions on the
rights of catastrophically injured patients to have access to the courts.

People like us and our families certainly do not feel as though doctors and
hospitals practice too much “defensive medicine,” or that lawsuits against
negligent providers are frivolous, or that there is any justification for
eliminating the right to jury trial in medical malpractice cases. Patients
deserve to have an unbiased judge and jury, which have heard all the facts
and weighed all the evidence, decide if care is negligent and what the
compensation for their loss should be. That decision should not be made by
political officials or biased medical societies.

Further, tackling medical malpractice issues will not bring down health care
costs according to every government study that has looked into this. The
Congressional Budget Office has confirmed, “malpractice costs account for
less than 2 percent of [health care] spending.” Blaming so-called
“defensive medicine” for growing health care costs is also bogus. Listen to
our stories and you will understand why no credible government study
supports the notion that “defensive medicine” is a problem. Most recently,
the General Accountability Office harshly criticized evidence continuously
cited by the American Medical Association that the tort system encourages
defensive medicine.

Nobody appreciates the need to have competent doctors available to serve in
every area of this country more than people like us who have been patients.
But making it more difficult for us to bring legitimate cases against
negligent providers will make matters worse and certainly not solve this
country’s real medical malpractice crisis, which now costs the lives of more
than 98,000 people each year. It will only reduce accountability in the
system and re-victimize people who are already victims.

Please contact our representative in New York, Joanne Doroshow, from the
consumer group the Center for Justice & Democracy, to follow up on this
request. You can reach her at (212) 267-2801 or email her at
joanned@centerjd.org. Thank you for your consideration.

Sincerely,

Alan Apter
Duluth, MN

Rebecca Ball
Thompson, CT

Michael Bennet
Baltimore, MD

Earlene Burney
Clarksville, TN

Sharon Caulder
Chesterfield, SC

Bill Collins
Norwalk, CT

Elizabeth Colloty
Ridgefield, CT

Linda Debenedictis
Norwood, MA

Ellen Delisio
Middletown, CT

Mathy Milling Downing
Laytonsville, MD

Vernon and Shawnna Gardner
Lewellen, NE

Lisa and Michael Gourley
Valley, NE

Steve Govoni
Rowayton, CT

Cindy and Bruce Gustafson
Littleton, CO

Leslie Haag
Bacliffe, TX

Donna Harnett
Chicago, IL

Helen Haskell
Columbia, SC

Carole and Joe Hemmelgarn
Highlands Ranch, CO

Jack Hickey-Williams
Newtown, CT

Vera Holmes
Irmo, SC

Cynthia and Justin Iriondo
South Windsor, CT

Bobbie Jenke
Santa Rosa, CA

Shigeru and Sandra Katada
McKinney, TX

Sherry Keller
Conyers, GA

Amy Kyllonen
Prior Lake, MN

Mary Ellen and Patrick Ladd
West Hartford, CT

Gary Lampman
Hendersonville, TN

Paul Lyon
Kingston, PA

Dylan and Christine Malone
Everett, WA

Susan Manganello
Newington, CT

Tina Minasian
Roseville, CA

Rebecca Martins
Warren, ME

Justin Mattes
Woodcliffe Lake, NJ

John McCormack
Pembroke, MA

Vicki McDonough
Commerce City, CO

Joe Mungai
Elgin, IL

Marie Naish
Tarrant, AL

Michael Nystrom
Mystic, CT

Patti O’Regan, ARNP, ANP, NP-C, PMHNP-BC
Port Richey, FL

Kathy, Scott, and Steve Olsen
Chula Vista, CA

Anetta Parker
Houston, TX

Carolyn Passero
Westport, CT

Jean Rexford
Redding, CT

Myra Richardson
Carson, WA

Ruben Rodriquez
Yonkers, NY

Deb Shaw
Half Moon Bay, CA

Patty Skolnik
Denver, CO

Julie Smith
Reidville, SC

Jay and Sue Stratman
Chesterfield, MO

Ken and Brenda Stoltz
Leesburg, VA

Bart Windum
Boulder, CO

Suzie Zionkowski
Aiken, SC

###

Center for Justice & Democracy All Rights Reserved90 Broad Street, Suite 401
New York, NY 10004212.267.2801cent

FDA Issues Notice on Side Effects of Asthma Drug

Federal health regulators have issued a notice cautioning doctors about potential psychiatric side effects of the asthma drug Singulair and similar medicines. According to the Food and Drug Administration, drugs including Singulair, AstraZeneca Plc’s Accolate and Cornerstone Therapeutics Inc’s Zyflo and Zyflo CR may cause agitation, aggression, suicidal thinking, suicide, depression, insomnia and irritability. The FDA had previously announced that it was investigating a potential link between Singulair and suicidal behavior. [Reuters]

If you have experienced any of these issues, contact Ed Wallis today at (901) 527-2125.

Ed Wallis and other attorneys in his firm handle pharamaceutical litigaiton cases, to protect the rights of injured persons harmed by taking prescription drugs. For more information on how to recover from your injuries or to receive information about a medicine and pharmaceutical lawyer, or for information on filing a lawsuit for a prescription drug including Trasylol (used in heart surgery), Chantix (anti-smoking drug), Digitek (heart failure), Byetta (for Type II diabetes), Ortho Evra (for birth control), and Seroquel (for dimentia, bipolar disorder), please contact Ed Wallis today at (901) 527-2125 or fill out this form today:

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Bankruptcies Put Brakes on Suits Against Automakers

The bankruptcies of Chrysler Group LLC and General Motors Corp. have thrown scores of injury lawsuits into what one expert called “murkier waters” of the law’s treatment of future tort claims. In hopes of preserving consumers’ rights to recover damages, consumer organizations and plaintiff lawyers are petitioning the Supreme Court to preserve current and future product liability claims against Chrysler. However, experts on the issue are sharply divided over whether bankruptcy laws allow for such claims.  [Law.com]

This would be a blow to many persons injured.

Can I help you in a case? If so, call Ed Wallis at (901) 527-2125 or send me an E-MAIL. You can also fill out this case evaluation form:

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