Archive for December, 2007

5 Year Old In Miami ‘Very Critical’ After Being Hit By Car

Tuesday, December 18th, 2007

A 5-year-old boy was struck by a car as he tried to cross one of the busiest thoroughfares in Miami on Monday afternoon. The kindergarten student from Morningside Elementary School was hit on Biscayne Boulevard about 3:20 p.m., police said.Isaiah Devon Laguerre attempted to cross Biscayne Boulevard between Northeast 64th Terrace and Northeast 65th Street when he stepped into a moving lane of traffic and onto the oncoming path of a beige-colored Honda driven by Brooke L. Gaunther, according to investigators. Gaunther, numerous witnesses and good Samaritans stopped to help Isaiah before Miami fire-rescue arrived at the scene.

He was taken to Jackson Memorial Hospital where he was last reported to be in critical condition. Miami fire-rescue said he was “very critical.”

Police said the boy, who lives just a few blocks away, may have darted out in front of the car.

Police spokesman William Moreno said police are talking to Isaiah’s family and to school administrators to try to determine why no one was with the child and why he was allowed to leave the school on his own.

No charges will be filed against the driver of the car.

“It doesn’t appear that speed was a factor,” said Moreno.

Autistic, Special Needs Man Died While Being Restrained At Center

Monday, December 17th, 2007

On May 25, 2002 plaintiff’s decedent Matthew Vick, 23, an autistic man, became disruptive at the intermediate care facility Jireh Home Care in Missouri City. Ebere Lazarus, son of the Jireh Home Care owners, attempted to constrain Vick, who had the mental capacity of a four-year-old and a history of violent outbursts requiring physical restraint. (Vick was placed at Jireh Home Care, which had a state license as a mental retardation group home, by his mother, plaintiff Linda Vick Chamberlain.)While being restrained, Vick died of mechanical asphyxiation.

Chamberlain sued Jireh Home Care and owners Sam Lazarus and Mercy Lazarus for wrongful death, fraud, breach of contract, fraudulent conveyance of property and negligence. The Lazaruses’s son, Ebere, died before trial and was not a defendant.

Chamberlain asserted that the CPR performed on her son was delayed, leading to his death.

Plaintiff disability management expert Larry Hampton asserted that the procedure used to restrain Vick, known as Prevention and Management of Aggressive Behavior, rarely results in serious physical injuries, but it was done improperly. Hampton also opined that Vick’s behavior did not require any type of physical restraint.

The defense argued that CPR was administered in a timely manner.

Chamberlain testified that she required emotional grief counseling twice a week for two years following her son’s death. She asked for $5 million.

The court granted a directed verdict on the fraud, breach of contract and fraudulent conveyance of property claims.

The jury found that only Jireh Home Care was negligent, awarding $1.5 million.

Linda Vick Chamberlain

$250,000 Wrongful Death: Past Loss Of Society Companionship

$250,000 Wrongful Death: Future Loss Of Society Companionship

$500,000 Wrongful Death: Past Mental Angiush

$500,000 Wrongful Death: Future Mental Angiush

Doctors Botching Brain Surgeries

Monday, December 17th, 2007

One operation went awry after an experienced brain surgeon insisted to a nurse he knew what side of the head to operate on - but got it wrong.Another time, a doctor-in-training cut into the wrong side of a patient’s head after skipping a pre-op checklist. In a third case, the chief resident started brain surgery in the wrong place, and the nurse didn’t stop him.

All three mistakes happened at the same hospital in less than a year - Rhode Island Hospital, the state’s most prestigious medical center and a teaching hospital for the Ivy League’s Brown University.

That was startling enough, but just as surprising was that the errors happened despite an explicit set of required operating-room precautions adopted by the medical profession a few years ago to prevent “wrong-site surgery” mistakes. Those measures include the use of checklists, “time-outs” to double-check everything is correct, and indelible markers to show the surgeon where to cut.

“The problem’s not going away,” said Peter Angood, vice president and chief patient safety officer at the Joint Commission, an independent organization that accredits most of the nation’s hospitals. “Organizations don’t like to do this. It’s complicated for them to do. Surgeons tend to resist it.”

The mistakes at Rhode Island Hospital suggest that the precautions can still be thwarted by the human element - ego and overconfidence on the part of surgeons, and timidity on the part of nurses too afraid to speak up when they see something about to go wrong.

“There’s a big cultural issue in most operating rooms where there’s a hierarchical culture there. A surgeon is used to being the captain of the ship, and his or her word goes,” said Diane Rydrych, assistant director of the division of health policy at the Minnesota Health Department. “If there’s a culture where people are afraid to say anything to the surgeon because they’re afraid they’re going to get yelled at, that’s a problem.”

Among surgeons, there is a “sense that `I’m very well trained. I’ve done this procedure 100 times. It’s not going to happen to me,’” she said. “Surgeons need that. You don’t want an underconfident surgeon operating on you. But that’s the downside.”

The Joint Commission gets about eight reports a month of wrong-site surgery, but hospitals are not required to report such incidents, and Angood said the real number is probably 10 times higher. (The commission received only five or six reports a month in 2002, before the precautions took effect, but attributes the increase since then to better reporting, not more errors.)

After the third mistake at Rhode Island Hospital, the institution was fined $50,000, ordered to tighten up its procedures and required to report to the state every time a doctor fails to follow the rules. The hospital also took unspecified “corrective action” against the doctors and nurses.

Mary Reich Cooper, chief quality officer for Lifespan Corp., owner of the not-for-profit hospital, said the institution is encouraging the staff to report mistakes.

“I would love to think that we in the health care system are infallible, but we’re not,” she said. “The only way we’re going to fix it is if we bring it forward.”

Rhode Island Hospital performed neurosurgery more than 860 times in fiscal year 2007. While three wrong-site mistakes represent just a small percentage, it is unusual for any one hospital to have so many, doctors said.

The first was in January, when a third-year resident didn’t mark the place where he was supposed to put a drain in an elderly man’s head, according to Lifespan. Both the doctor and nurse said later they weren’t trained in how to use a checklist, Cooper said.

In July, a surgeon with more than two decades in medicine never wrote on a consent form which side of an 86-year-old man’s head he would operate on to remove a blood clot, Cooper said. A nurse questioned why that wasn’t filled out, and the surgeon said he remembered which side.

She asked him again if he was certain, he said he was sure, and she let him continue, Cooper said. The man’s head was marked, but on the wrong side, Lifespan spokeswoman Gail Carvelli said.

In November, during an operation on an elderly woman, the hospital’s chief neurosurgery resident and a nurse discussed the correct side ahead of time, Cooper said. But for reasons that are unclear, doctor marked and cut into the woman’s scalp on the wrong side, and the nurse did not stop him, according to Cooper.

“I don’t know if she knows why she didn’t speak up,” Cooper said.

An investigation by the state Health Department said the hospital-approved checklist that was used did not do a good enough job of noting which side to operate on, said department spokeswoman Andrea Bagnall Degos.

In the first two cases, the surgeon cut all the way through the skull; in the third case, the doctor stopped after cutting into the scalp.

In all three cases, the doctor immediately closed the wound and operated on the correct side. The patients were OK, though the man in the July operation died a few weeks later from what the Heath Department said were unrelated causes.

Surgeons are supposed to follow a three-step process called the “Universal Protocol” put in place in 2003 by the Joint Commission: They make sure they are about to do the correct operation, usually via a checklist. They write on the patient’s body with a marker - often scrawling “YES” - to note where they will operate. And they call a brief time-out just before starting.

In a time-out, the doctor might say something like: “This is Mrs. Smith. She’s here for a left brain tumor. We’re doing a left-sided craniotomy.”

“If everybody’s in agreement, then and only then will the knife get handed to the surgeon,” said Sean Grady, chief of neurosurgery at the University of Pennsylvania medical school. “The nurses are empowered to stop the operation,” he added. “It has not been part of the culture until quite recently.”

David Gifford, head of the Rhode Island Health Department, said: “To do that double-check takes maybe a minute or two. To operate on the wrong side, that takes more than a minute or two.”

Health Program To Monitor Sept. 11 Workers Exposed To Toxins Halted Over Funding

Monday, December 17th, 2007

The government has halted an attempt to organize health monitoring for World Trace Center site workers spread across the United States, saying the program could cost far more money than Congress has provided.The U.S. Department of Health and Human Services filed paperwork Thursday canceling an effort to hire a company that would create a “processing center” for medical screening of those who worked amid the toxic rubble of the towers following the Sept. 11 terrorist attacks.

The government had been seeking bids from private contractors to handle the work, but, according to the new filing, the process “is being cancelled due to a number of factors which prevent (the Centers for Disease Control) from awarding an executable contract at this time.”

The contract had aimed to organize and improve various Sept. 11 health programs, and provide pharmacy benefits. Health officials feared the work could cost more money than they had to spend, as much as $165 million (€113.7 million) compared to the $52 million (€35.8 million) Congress provided.

“Obviously we had a big gap that made the contract unreasonable,” said Alan Kotch, the director of procurement and grants at the Centers for Disease Control.

Federal officials will now go back to the drawing board, Kotch said.

Earlier this year, congressional investigators concluded efforts by the administration of President George W. Bush to coordinate World Trade Center health care treatment around the country have been hampered by shaky cost estimates and unsteady spending.

The Government Accountability Office, the investigative arm of Congress, found in August that the government still does not have a consistent set of programs

Kotch said the programs currently in place should be able to take care of sick workers until 2009, giving the agency time to improve their plan.

But the decision to pull back the contract process frustrated health advocates who have complained for years that the government has provided only piecemeal help, particularly to those who worked at the site of the 2001 terror attacks in New York City but now live elsewhere.

“Without this program in place, those people who helped out and now have health problems will soon be out of luck or forced to come to New York for treatment,” said Dr. Jim Melius with the New York State Laborers Union.

Man Struck, Killed By Freight Train

Monday, December 17th, 2007

A Fort Lauderdale man was struck and killed by a 51-car freight train Sunday morning. The train was traveling through Oakland Park near Dixie Highway about 5 a.m. when engineers saw a man on the tracks, police said. They tried to stop the train, which was traveling at 43 mph, but could not.Witnesses told police that the victim, identified as 41-year-old Steven Dennis Mulvehill, looked at the train but didn’t try to move out of its way.

The train headed from Jacksonville to Hialeah.

Police are investigating the circumstances surrounding Mulvehill’s death.

Couple Survives Plane Crash For Second Time

Friday, December 14th, 2007

Richard and Andora Ramsey had been through this before. On Thursday, Richard Ramsey was piloting his single engine airplane and had just taken off from Marathon Airport when the plane’s engine failed. A witness called the Coast Guard to report a plane that crashed about five miles off the coast of Marathon at 11:50 a.m. Thursday, said Lt. Cmdr. Chris O’Neill. A small boat crew from the Coast Guard Station in Marathon rescued the pair just seven minutes after the initial call.The Ramseys, of Marathon, were found floating in the water and were not seriously injured. They were the only two on board the plane, O’Neill said.

The pair was headed to their vacation home in the Bahamas.

Neighbor Nancy Weickert couldn’t believe the Ramseys had experienced another plane crash.

“Oh, no. Not again,” said Weickert. She told Local 10 that another plane of the Ramseys had crashed in the water seven years ago off the coast of Bimini.

In that case, the plane’s engine failed after take off. The couple escaped that crash with no serious injuries.

Mike Puto, Marathon’s City Manager and a long time friend of the Ramseys, said Richard Ramsey had just installed new seat belts in the small plane.

“That probably saved their lives,” said Puto.

The couple was taken to Fisherman’s Hospital in Marathon and was expected to be released Thursday or Friday.

The Florida Fish and Wildlife Conservation Commission is investigating the cause of the crash.

Study Reveals Breast Cancer Detection Varies By Doctor

Friday, December 14th, 2007

The accuracy of diagnostic mammograms varies according to radiologist, with doctors missing on average 20 percent of breast cancer diagnoses and some as many as 70 percent, a new study shows.

“Women think mammography is perfect, so if they get a negative [normal] mammogram, they think they’re safe for at least the next year. The reality is, they shouldn’t be falsely reassured by a negative mammogram,” said lead author of the study, Diana Miglioretti.

Little Known about Diagnostic Mammograms
Prior to this study, which is published in the Journal of the National Cancer Institute, researchers knew little about the accuracy of diagnostic mammograms, which are used to detect or rule out cancer in symptomatic patients.

For this study, Miglioretti and her colleagues at Group Health Center for Health Studies in Seattle reviewed the results of nearly 36,000 diagnostic mammograms interpreted by 123 radiologists across the U.S. between 1996 and 2003.

Study Findings
All of the women who received the mammograms had a suspicious lump or something else of concern. In women who actually had cancer, the accuracy rate of detection ranged from 27 to 100 percent with 79 percent being the median.

The rate of false positives—that is, cancer diagnoses when cancer is not actually present—ranged from zero to16 percent with a 4.3 percent median.

According to the study findings, radiologists at academic medical centers and those who specialize in breast imaging had greater accuracy than non-specialists, but still only had an accuracy rate of 88 percent.

In the U.S., most mammograms are interpreted by general radiologists, not specialists.

“A lot of American women can’t see a breast imaging specialist, especially in rural areas,” Miglioretti said.

The Bottom Line
Dr. Leonard Berlin, chief of radiology at Rush North Medical Center, cautioned patients with symptoms against being reassured by a negative mammogram.

“You can have cancer and still have a normal mammogram. If you have any sign or symptom, you need to pursue it. That’s the bottom line,” Berlin said.

Jesuits Pay $1.6M To Priest’s Family Over Molestation Allegations

Friday, December 14th, 2007

The Jesuits have agreed to pay $1.6 million to the family of a Roman Catholic priest who committed suicide after alleging he was molested by a Jesuit brother at a retirement home run by the religious order, the family’s attorney said.The Society of Jesus, commonly known as Jesuits, reached the settlement with the family of the late Rev. James Chevedden on Thursday, the second day of a jury trial in Santa Clara Superior Court in San Jose, said attorney Mark Meuser.

A Jesuit official confirmed the settlement Wednesday, but said the order does not admit liability in the case. John McGarry, the provincial superior for the California Jesuits, also insisted that the late priest’s allegations of sexual abuse were not central to the case.

The priest’s brother, John Chevedden, said Wednesday that the settlement brought some closure, but didn’t ease the pain.

“It’s an important step,” he said. “It shows how my brother suffered under the Jesuit hierarchy.”

Chevedden spent the early years of his Jesuit career in Taiwan, but returned to the United States in 1995 after suffering what appeared to be a nervous breakdown, Meuser said. He was placed at the Sacred Heart Jesuit Center in Los Gatos to recover, but jumped off scaffolding in 1998 and severely injured both his legs.

Chevedden alleged that during his recovery, he was molested by Brother Charles Leonard Connor - although he did not report the abuse until several years later, when Connor was under investigation in another molestation case.

In 2001, Connor pleaded no contest to one count of lewd conduct with a vulnerable adult and was ordered to serve six months of house arrest for sexually abusing mentally disabled adults who worked at the retirement home. The Jesuits also agreed to pay $7.5 million to the two disabled men.

In 2002, however, Connor moved back to Sacred Heart and Chevedden told his family and his therapist about his own alleged abuse by Connor. He also made several attempts to leave the facility, which houses elderly, retired and infirm Jesuits.

Jesuit superiors met with Chevedden but found the allegations were not credible and called the lawsuit “groundless.”

Two years later, on his 56th birthday, Chevedden jumped to his death from a six-story building in San Jose. His family filed a sexual abuse and wrongful death lawsuit against the Jesuits in May 2005.

“It’s depressing that something like that could happen in an order,” said Chevedden’s brother. “The Jesuits proclaimed the highest standard for ethical conduct.”

Coast Guard Rescues 2 From Small Plane Crash Off Florida Keys

Thursday, December 13th, 2007

A Coast Guard cutter has plucked two people out of the water after their small plane crashed off the Florida Keys. Coast Guard spokesman Lt. Cmdr. Chris O’Neil said the two were the only ones on the plane. They were not injured.Monroe County sheriff’s spokeswoman Becky Herrin said the crash happened 5 miles off Marathon. It was reported by a Good Samaritan.

The plane had taken off from Marathon Airport.

Avandia Risks Reaffirmed By Canadian Study

Thursday, December 13th, 2007

A new study published in the Journal of the American Medical Association reaffirms previous findings about the diabetes drug Avandia—that is, it carries a significantly increased risk of heart failure, heart attack, and death.

Observational Study

The study involved 159,000 patients over the age of 65 who were treated for Type 2 diabetes under the government-run healthcare system in Ontario. Avandia was used in the treatment of 2,268 of those patients.

According to the findings, Avandia increased the risk of heart failure by 60 percent, the risk of heart attack by 40 percent, and death by 30 percent compared to patients taking similar diabetes drugs.

“Our study suggests that at least in this high-risk population, the harms of the drug may outweigh the benefits,” said Dr. Lorraine L. Lipscombe, lead author of the study.

Reaffirms Findings of May Study

Earlier this year, an analysis was published in the New England Journal of Medicine that suggested a 42 percent increased risk of heart attack among Avandia users. Sales of Avandia subsequently dropped, but the drug has remained on the market.

Avandia now carries a strengthened warning—a bold black box—but after a review, the Food and Drug Administration said evidence regarding the increased risks was inconclusive.

This new study could rekindle the debate over the safety of the drug.

“As you accumulate more and more evidence that Avandia has this problem, and it involves a very serious consequence, namely heart attack and death, it puts a lot of pressure on the FDA to do more,” said Dr. Steven E. Nissen, author of the May study.