South Florida Personal Injury Lawyers

An experimental drug is the first to substantially and safely improve shortness of breath and other symptoms in people hospitalized with severe heart failure, an epidemic that is growing as baby boomers age, doctors reported Sunday.However, many were disappointed that the drug also did not help people live longer or stay out of the hospital.

“What we really need are therapies that are going to improve the outcome,” said Dr. Gregg Fonarow, an American Heart Association spokesman from the University of California at Los Angeles.

He had no role in the study, which was led by Dr. Marvin Konstam of Tufts-New England Medical Center and presented at an American College of Cardiology conference. Results also were published online by the Journal of the American Medical Association and will be in its March 28 issue.

Heart failure occurs when the heart muscle weakens over time and can no longer pump effectively. Fluid can back up into the lungs and leave people panicked and gasping for breath.

About 5 million Americans have the condition. It kills more than 300,000 and accounts for a million hospitalizations each year.

Severely ill heart failure patients need to shed buckets of water, but current treatments either do not cause this fast enough or lead to kidney damage or loss of essential body salts called electrolytes.

A drug that does this better is drastically needed, said Dr. Mariell Jessup, head of the heart failure center at the University of Pennsylvania, who was not involved in the study.

“What we’re doing now is not working. These patients come back over and over,” she said.

The new drug, tolvaptan, is a first-of-its-kind medication that blocks a hormone responsible for fluid retention.

It was tested on 4,133 severely ill patients throughout North and South America and Europe. They were randomly assigned to receive either the new drug or fake medication in addition to other standard heart failure treatments like diuretics within 48 hours of hospitalization.

Ten months later, the drug made no difference in the rate of death or rehospitalization - a big disappointment. But it significantly improved breathing and reduced swelling and weight because it promoted so much fluid loss.

Side effects mostly involved nuisances like dry mouth and thirst, and no extra risk of death or kidney problems was seen - the main things doctors were worried about.

“This is the first drug that’s ever been documented to reduce symptoms and be safe,” Konstam said. “As early as one day, taking just one pill, there was an improvement in shortness of breath, which is the No. 1 symptom patients complain about that drives them to the hospital.”

Tolvaptan’s maker, Otsuka Pharmaceutical Co. of Japan, paid for the study and Konstam is one of its consultants. The company plans to ask the federal Food and Drug Administration to approve the drug sometime this year.

If it gets approved, “we will have another option for patients that will relieve the primary symptom bringing them to the hospital,” said Dr. Clyde Yancy of Baylor University Medical Center in Dallas.

He led a study also reported on Sunday of the only drug currently on the market to treat shortness of breath in hospitalized patients with severe heart disease. That drug - Natrecor - looked to be a blockbuster, but many doctors avoid it because of worries that it might raise the risk of death.

The drug’s packaging was changed to include more information about the risk of death in 2005.

The new study tested whether regular infusions of the drug on an outpatient basis could prevent death and hospitalizations in about 900 severely ill heart failure patients.

It did not. However, no extra risk of death or kidney problems were seen with the drug.

“I would say those concerns can be lessened,” said Yancy, who consults for the drug’s maker, Scios Inc., a division of Johnson & Johnson. The company plans to start a very large study of Natrecor later this year. The drug’s label says there is not enough information yet to know if the drug brings an increased risk of death.

 man and woman fell overboard from a cruise ship in the Gulf of Mexico early Sunday, but both were rescued after a four-hour search and appeared to be in good condition, a cruise line spokeswoman said.The 22-year-old man and 20-year-old woman fell 50 to 60 feet from a cabin balcony, said Julie Benson, spokeswoman for Princess Cruises.

She said the cruise line did not know how they fell overboard, although it appears to have been an accident. Their ship, Princess Cruise’s Grand Princess, was about 150 miles off the coast of Galveston, Texas, at the time.

The captain turned the ship around after friends of the man and woman notified the crew at about 1:30 a.m. CDT that they had gone overboard, Benson said. The ship’s crew used high-powered spotlights and rescue boats in the search. One passenger was rescued by the ship’s boats at 5:30 a.m. and the other at 6 a.m., according to a statement by the cruise line.

The search was aided by the Coast Guard, said Lt. j.g. Jillian Lamb at the District 8 Command Center. A nearby cruise ship also offered assistance, she said.

The man and woman, whom the cruise line declined to name, were examined by the ship’s medical staff. They sustained minor injuries, Benson said.

“They appear to be in satisfactory condition and we hope that no further medical attention will be needed,” Benson said.

They will have the option of continuing on the trip or returning home when the ship reaches port. The ship was on its way to Costa Maya on Mexico’s coastline, Benson said.

Grand Princess was carrying 2,783 passengers on a seven-day tour of the western Caribbean.

Several lawsuits have recently been filed in West Virginia’s Kanawha Circuit Court over exposure to asbestos.

Insufficient Training and Equipment Claimed

Charles Kinder’s suit names as defendants 59 corporations, including Ohio Valley Insulating Company, Union Boiler Company and Vimasco, which are all based in West Virginia. The suit seeks both compensatory and punitive damages.

According to the suit, Kinder was exposed to asbestos from 1953 to 1992 during the course of his work. Kinder has untreatable, incurable lung cancer as a result of his exposure, the suit claims.

The suit claims the corporations failed to supply the plaintiff with appropriate clothing, training, and equipment for the safe handling and working around asbestos.

Electrician’s Widow Sues

Orpha McGraner’s suit, filed on the behalf of her recently deceased husband, names 15 corporations as defendants.

The suit claims William McGranor was exposed to asbestos in insulation and building materials during the 41 years he worked as an electrician. As a result, he developed pulmonary conditions and died from lung cancer.

McGranor seeks compensatory damages for wrongful death and funeral costs.

Steel Worker Files Suit

Calvin Burge names 67 defendants in his lawsuit which claims that during his work as an equipment operator and laborer in steel mills and coal mines, he was exposed to asbestos. This caused his mesothelioma and asbestosis, according to the suit.

As a result of the companies’ negligence, Burge is severely disabled and his injuries are or may be permanent.

On April 10, 2003, plaintiff Diana Solis, 44, a custodian, presented to Doctors Hospital of Laredo for a hepatobiliary scan to examine her gall bladder. When the nuclear medicine technician inserted an I.V. catheter into Solis’ right hand, Solis’ ulnar sensory nerve was cut. Shortly after the scan, Solis underwent surgery to remove her gall bladder. The operation was successful.Solis sued Laredo Regional Medical Center operating as Doctors Hospital of Laredo, alleging negligence and medical malpractice in that its technician violated the standard of care by inserting the needle too deep into plaintiff’s hand and causing permanent damage by physically severing the ulnar sensory nerve. Solis alleged that insertion of the catheter caused her severe pain, to the extent that she started crying. She alleged that an I.V. in the dorsal side of the hand is usually placed in the vein just below the surface of the skin. The standard of care requires that the person inserting the I.V. place the needle within the vein. If done properly, the needle should not be in the vicinity of the nerve in Solis’ hand that was damaged.The defendant contended that the incident was not a violation of the standard of care because there are nerves throughout the hand and many are in close proximity to veins.

Plaintiff suffered a cut ulnar sensory nerve of the right hand, between the fourth and fifth metatarsals. Ever since, Solis has had pain on the dorsal aspect of the ulnar side of the hand with some distal paresthesias from the I.V. side.

Solis underwent therapy for about one month. She then developed a neuroma on the ulnar sensory nerve. Ten months after the incident, she underwent surgery to excise the neuroma and bury the nerve in muscle.

Solis incurred medical specials totaling $6,212.72.

Solis’ hand and microsurgeon expert testified that she will always have some degree of pain in her hand. Solis took a lesser-paying, less-physical job because of the pain. She also testified that she had difficulty doing housework. She alleged $73,664 in lost earning capacity and $87,477 in loss of household services.

Solis asked the jury for a total of about $300,000 to $315,000, including past and future pain and suffering.

The defendant contended that Solis was released to work shortly after the injury, she took only over-the-counter medication, and she missed very little work. Further, the defense contended that her medical and employment records indicated that she could perform all of her job duties and there were no restrictions on them.

The jury found that defendant was negligent and awarded Solis $171,212.72, including $6,212.72 in medical specials, $65,000 in past physical pain and suffering, and $100,000 future. They awarded zero damages for future medical expenses, past wages, future earning capacity, and past anf future loss of physical capacity.

A Scott County jury has awarded $1.2 million to a family alleging medical malpractice in the handling of an Essex, Mo., woman’s ulcer in 2002.In the lawsuit, tried over four days ending Wednesday, the jury found that Dr. W.J. Stoecker of Cape Radiology Group and Dr. James D. Meritt of Essex were equally liable for the death of Ruthie Lacey, said David Zevan of St. Louis, the attorney for Lacey’s family.

The award is the largest allowable under state law at the time the lawsuit was filed, Zevan said. State lawmakers have since reduced the limit to a maximum of $350,000 for medical malpractice cases.

Lacey was 57 when she died April 7, 2002, at Missouri Southern Healthcare in Dexter, Mo., following emergency surgery for a perforated ulcer, Zevan said. The surgery came two days after Lacey first visited Meritt complaining of severe stomach pain, he said.

On April 5, 2002, Meritt sent Lacey to Missouri Southern for a CT scan, with instructions for him to be called when it was complete, Zevan said. The scan was read remotely by Stoecker, who was at Cape Radiology’s offices in Cape Girardeau at the time and missed the evidence of the ulcer visible on the recording of the scan, Zevan said.

Meritt didn’t follow up on the test, and Lacey was sent home. She returned the next day, again in severe pain. A correct diagnosis was made, and she was taken into surgery, Zevan said.

“Had the proper diagnosis been made and communicated, she had at least an 80 percent chance of survival,” Zevan said. “Because it had gone over 24 hours, there was no chance of saving her.”

A perforated ulcer is a severe, untreated ulcer that burns through the wall of the stomach, allowing digestive juices and food to enter the abdominal cavity. It generally requires immediate surgery. Lacey had no history of ulcers, Zevan said.

The lawsuit originally named the hospital, Cape Radiology and the two doctors, but the hospital and Cape Radiology were dropped from the lawsuit, Zevan said. The mistakes were made by the doctors, not the hospital or Cape Radiology, he said.

The jury awarded $600,000 for past damages and $600,000 for future damages, mainly the loss of companionship, to Susan Coleman of Poplar Bluff, Mo., the daughter of Jim and Ruthie Lacey. Half the liability was assessed against Merritt and half was assessed against Stoecker, Zevan said.

“I think it was a fair verdict based on the evidence,” he said. “We did not ask for punitive damages. This was an unfortunate mistake.”

Attempts to reach Meritt, Stoecker and their attorneys were unsuccessful.

The case was originally filed in St. Louis, where Zevan practices law, but moved to Scott County by mutual agreement of the parties, Zevan said.

The doctors have 30 days to file motions after the trial and can appeal the verdict, Zevan noted.

State fishery workers unwittingly spread a fatal fish illness by moving diseased fish from one facility to another, officials said.The state Department of Natural Resources previously said the parasite that causes whirling disease, which is fatal to some trout, might have been spread by mud on the feet of birds or bears.

The agency’s discovery of the parasite at rearing stations in Garrett County in January prompted the destruction of more than 80,000 rainbow and brown trout that had been earmarked for stocking this spring in Maryland lakes and streams.

The DNR said it has replaced those fish with trout purchased from private hatcheries.

“We view this as a very serious situation in Maryland,” DNR Fisheries Director Howard King said Monday. “Rest assured that we will remain vigilant.”

Biologist Susan Rivers said workers transferring fish hadn’t intended to move diseased specimens, the Cumberland Times-News reported Wednesday.

Whirling disease is caused by a parasite that causes trout to swim in circles until they die. All species of trout and salmon may be susceptible, but rainbow and cutthroat trout appear to be more so, according to the Whirling Disease Foundation.

The disease isn’t a threat to humans, but it has decimated wild trout populations in some Western rivers.

The story of the Kugel Mesh Hernia Patch is slowly becoming clearer. On January 24, 2007 the Food and Drug Administration (FDA) announced that the recall had been updated and expanded to include specific product codes. The notice also mentioned that the manufacturer Davol, Inc. (a subsidiary of C.R. Bard) had developed a replacement hernia patch.

To date, both the company and the FDA have cited six ring breaks (though stating only four are confirmed) involving the Kugel Mesh Hernia patch, also known as the Bard Composix Kugel Mesh patch. According to the Davol website, none of the four confirmed incidents caused serious damage beyond discomfort, and only half of those required further surgery to remove the rings. However in the cases of the two unconfirmed reports, both instances led to perforated (cut) bowels and surgery to repair the damage.

The incident rate, according to the company, is 0.023% or about one person for every 4,300 Kugel Mesh Hernia patches made.

No matter how much the company is trying to downplay the danger of their product, the fact is that the Kugel Mesh Hernia Patch recall is ranked as a Class I recall, which the FDA reserves for “dangerous or defective products that predictably could cause serious health problems or death.” In this latest update, the FDA substantially expanded its comments, stating that “surgeons and hospitals should stop using the recalled product and return unused units to the company.”

The FDA also recommends that “Patients who have been implanted with one of the recalled devices should seek medical attention immediately if they experience symptoms that could be associated with ring breakage such as unexplained or persistent abdominal pain, fever, tenderness at the implant site or other unusual symptoms.”

The FDA also mentions a replacement product, featuring “upgraded product design.” According to the Davol website, the design changes include a ring with a smaller diameter wire and stronger welds. Although both the FDA and Davol state that these new products are clearly marked and not affected by the recall, they also do not mention any product testing, if any, that took place to confirm the safety of this new Kugel Mesh Hernia Patch.

Several lawsuits have recently been filed in West Virginia’s Kanawha Circuit Court over exposure to asbestos.

Insufficient Training and Equipment Claimed

Charles Kinder’s suit names as defendants 59 corporations, including Ohio Valley Insulating Company, Union Boiler Company and Vimasco, which are all based in West Virginia. The suit seeks both compensatory and punitive damages.

According to the suit, Kinder was exposed to asbestos from 1953 to 1992 during the course of his work. Kinder has untreatable, incurable lung cancer as a result of his exposure, the suit claims.

The suit claims the corporations failed to supply the plaintiff with appropriate clothing, training, and equipment for the safe handling and working around asbestos.

Electrician’s Widow Sues

Orpha McGraner’s suit, filed on the behalf of her recently deceased husband, names 15 corporations as defendants.

The suit claims William McGranor was exposed to asbestos in insulation and building materials during the 41 years he worked as an electrician. As a result, he developed pulmonary conditions and died from lung cancer.

McGranor seeks compensatory damages for wrongful death and funeral costs.

Steel Worker Files Suit

Calvin Burge names 67 defendants in his lawsuit which claims that during his work as an equipment operator and laborer in steel mills and coal mines, he was exposed to asbestos. This caused his mesothelioma and asbestosis, according to the suit.

As a result of the companies’ negligence, Burge is severely disabled and his injuries are or may be permanent.

Between 2000 and 2004, plaintiff Deborah Van Houdt, 40s, a medical secretary, was a patient of dentist John Hastings. She claimed that she suffered various instances of malpractice.Van Houdt sued Hastings and his professional association, Hastings & Schroer, P.A., for dental malpractice theory.Plaintiff’s counsel contended that Hastings failed to follow accepted protocol by not taking screening X-rays and scheduling intervening exams on a regular basis. Hastings ignored the presence of tooth decay in the upper and lower arch, allowing seven teeth to be destroyed. Hastings also failed to properly complete root canals by failing to seal the area, thus allowing bacteria to fill in the gum structure and resulting in an abscess. While performing two extractions he broke off root tips which remained in the gum. On a subsequent surgery Hastings broke off an endodontic file in Van Houdt’s mouth and sealed it in the canal.

In a pre-trial ruling, Judge Mindy Glazer ruled that Hastings was negligent. Glazer also ruled Hastings’ negligence was a proximate cause of Van Houdt’s dental problems.

In closing arguments, plaintiff’s attorney Joel Kaplan proclaimed Van Houdt to be a permanent “dental cripple.” As a result of Hastings’ malpractice, 19 total surgeries will be needed to correct her dental problems. She will have had 13 teeth extracted. During time she awaits the various surgeries she will be living without 13 teeth. Eating will involve the use of a device to place in her mouth. The surgeries will be performed over a period of three years, and will cost roughly $125,000. She claimed $8,900 in lost wages.

Defense counsel did not present any experts. They argued that once the surgeries were completed Van Houdt will be in a fine state of dental health and suffer no lasting effects from the malpractice.

Plaintiff’s counsel in closing arguments stated “the tooth fairy” is not visiting Van Houdt any time soon. Surgeries require additional risks of nerve damage. Items such as crowns are by nature not permanent and will require lifetime maintenance.

The jury awarded $2,811,868. Kaplan stated that based on his conversations with the defendant’s insurance company, that this is the largest medical malpractice award for a living dental patient.

A Montgomery County jury awarded $1.3 million Tuesday to the adult children of a Pearisburg woman who died after complications from surgery to remove an ovarian cyst.

A day earlier, the jury found that Dr. David Meincke of Montgomery Obstetrics and Gynecology in Blacksburg was negligent in his treatment of 64-year-old Carolyn Shumate, and that Meincke’s negligence resulted in her death in 2004.

Shumate filed a malpractice lawsuit against Meincke and his business two months before she died, alleging that Meincke should have found the hernia she suffered from when she reported pain days after her surgery.

After her death, the lawsuit was amended to name her son Michael as the plaintiff.

Meincke’s defense attorney, Walt Peake of Roanoke, maintains that Meincke did nothing wrong in suspecting a hematoma rather than a hernia.

Also, he said Wednesday, even if Meincke had located the hernia right away, there’s no way to know if Shumate would have avoided a second surgery to repair her bowel.

Shumate was admitted to Montgomery Regional Hospital on Feb. 5, 2004. Her cyst was removed by laparoscopic surgery, in which telescopelike devices are inserted into small incisions.

Two days later, she began vomiting and suffering nausea and abdominal pain. She called Meincke, who told her to take anti-nausea medication. If her condition didn’t improve, he told her, she should go to the emergency room. She was readmitted to Montgomery Regional later that day.

It was then that Meincke should have ordered a CT scan for Shumate to check her for a hernia, said Michael Shumate’s attorney, Tony Russell of Roanoke. If caught early enough, the bowel could have been saved, he said.

Meincke thought Shumate had a hematoma, a pocket of blood. At 10 a.m. Feb. 8, he began to perform surgery on Shumate to drain it. Instead of a hematoma, however, he found about 6 inches of dead bowel.

The dead tissue was removed and Shumate’s bowel reconnected. But Shumate’s condition gradually worsened to the point that she was placed on life support.

She spent the next six months in hospitals and nursing homes before dying Aug. 15, 2004, at the University of Virginia Medical Center.

During a trial that began March 12 and lasted more than a week, two doctors called by the defense testified that it was reasonable for Meincke to believe Shumate had suffered a hematoma.

Complications from either condition can cause the same symptoms — nausea, vomiting and abdominal pain.

Even so, Russell said, Meincke should have considered a hernia. He called two doctors who testified that a CT scan should have been performed right away.

Peake said Meincke is an excellent doctor who has practiced for more than 31 years. He said he is considering an appeal.

“This case is an illustration that medical malpractice cases involve complex medical and legal issues that are not always best determined by lay juries, even where they are well-intentioned,” Peake said. “Jury verdicts such as this are causing many physicians to question whether they want to stay in medicine.”

Russell said a very intelligent jury of three men and four women was chosen to hear the complicated case. The foreman, he said, was a retired biology professor from Virginia Tech.

“I just think this is a case where justice was done and the truth won out,” he said. “The jury’s verdict … and the amount of money they awarded really went a long way in helping the family to heal.”

The jury awarded Shumate’s three children nearly $1.1 million plus interest from Feb. 8, 2004, bringing the total to about $1.3 million. Shumate’s medical care cost about $600,000.

Michael Shumate lived in Pearisburg until his mother’s death. Shortly after, he was diagnosed with post-traumatic stress disorder, Russell said.

“His mother was his whole life,” Russell said. Michael Shumate later moved to the Washington, D.C., area. He couldn’t be reached Wednesday for comment.

Meincke was the defendant in another lawsuit filed in 1992.

A Pulaski County woman sued Meincke and another doctor, alleging they had committed medical malpractice by removing her reproductive organs during what she said she understood was to be exploratory surgery. Meincke said at the time that the hysterectomy was necessary.

A jury found in the doctors’ favor, saying they were not negligent.