Transvaginal mesh has become a nightmare for thousands of women who have suffered severe adverse effects involving erosion and migration of the mesh along with perforation of organs from it. Surgical mesh was designed over 60 years ago for repairing hernias. It’s a woven material made of synthetic or biological materials that usually comes in a prepackaged kit along with tools to aid in the surgical procedure. Because mesh was widely successful in the treatment of hernias, surgeons began using it in other parts of the body that needed support. About 20 years later they began inserting it … [Read more...]
Victory for Big Pharma: Texas Adopts “Learned Intermediary” Rule
Big Pharma had a major victory on June 8th, when the Texas Supreme Court handed down its ruling in Centocor, Inc. v. Hamilton. The Court held that "When a drug manufacturer properly warns a prescribing physician of the dangerous propensities of its product, the manufacturer is excused from warning each patient who receives the drug. The doctor stands as a learned intermediary between the manufacturer and the ultimate consumer." Further, "A prescription drug manufacturer fulfills its duty to warn end users of its product’s risks by providing adequate warnings to the intermediaries who … [Read more...]
Injured by a Doctor? You’ll likely deal with the secretive Medical Board instead of open court
Fox 4 in Dallas did a great story on the Texas Medical Board and their contribution to physician discipline since tort reform in 2003. According to the report serious disciplinary actions are down and the time taken to conduct investigations has risen. Further, Doctor confidentiality and secrecy is maintained until a final disciplinary action is completed, leaving patients unaware of allegations of malpractice by doctors. Check the Fox 4 page for a video. Some of the images are graphic and the stories are truly tragic. Its a shame our state has fallen so far in protecting patient … [Read more...]
All-Metal Hip Implants Prone to Early Failure, Need to be Removed
Great story by NPR on the continuing problems faced by patients who have received All-Metal Hip Implants. Implants Need To Be Removed Early by Richard Knox EnlargeRichard Knox/NPRYoung-min Kwon of Massachusetts General Hospital holds the metal-alloy ball of Susy Mansfield’s faulty artificial hip joint. The yellowish tissue on top is dead muscle caused by a reaction to the metal debris produced by the defective hip implant. When Susy Mansfield needed a hip replacement in 2009, her orthopedic surgeon chose a relatively new and untested kind of artificial hip made entirely of … [Read more...]
No Better Care, Thanks to Tort Reform
Published in The Texas Tribune by guest columnist, Charles M. Silver In 2006, Dr. Howard Marcus wrote that Texas’ 2003 tort reform statute sparked an “amazing turnaround” in which doctors came to Texas in droves, instead of leaving the state as they had before. He was doubly wrong. Texas neither lost doctors before 2003 nor gained them especially quickly in subsequent years. In fact, according to statistics published by the Texas Department of State Health Services (TDSHS), the supply of active, direct patient care (DPC) doctors per capita grew faster from 1996 to 2002 than at any time … [Read more...]
Hair Removal Service Not Protected Under Health Care Liability Act
from Texas Lawyer Bioderm Skin Care LLC v. Sok Tx. App. Dist. 5 Kerry P. Fitzgerald Justice 05-10-00044-CV 06-28-2011 OPINION Before Justices Morris, O'Neill, and FitzGerald Opinion By Justice FitzGerald Appellee Veasna "Sandee" Sok sued Bioderm Skin Care, LLC ("Bioderm") and Quan Nguyen, MD, seeking to recover damages for burns she suffered during a laser hair removal procedure at Bioderm. Bioderm and Nguyen contend Sok’s claims are health care liability claims and are subject to Chapter 74 of the Texas Civil Practice and Remedies Code. Accordingly, they moved to … [Read more...]
FDA Reports Cancer Risk from Osteoporosis Drugs
An FDA Safety Alert issued today warns that taking oral osteoporosis drugs (“bisphosphonates”) may cause an increased risk of esophageal cancer. This category of drugs includes Fosamax, Actonel, Boniva, Atelvia, Didronel, and Skelid. Esophageal cancer and other esophageal problems have been reported in connection with use of the drugs, and the FDA is reviewing data from published studies to determine whether a link exists. The FDA posted the following recommendation in its Safety Alert: “Patients should talk with their healthcare professional about the benefits and risks of taking oral … [Read more...]
Four more women contact local police about doctor
from the Denton Record-Chronicle 12:36 AM CDT on Friday, March 18, 2010 By Donna Fielder / Staff Writer Four additional women contacted police Wednesday saying they also were victims of a Denton doctor who touched them sexually and made inappropriate remarks, police reports state. Since news reports Tuesday that Dr. Ramon Cruz’s license was suspended by the Texas Medical Board after the panel made a finding that he engaged in inappropriate behavior with four of his Denton patients, several other women have come forward with similar stories. Cruz has not been charged with any crime, … [Read more...]
Carreras v. Marroquin, et al.
Parents brought claims against a physician who allegedly caused their adult daughter’s death. The parents attempted to delay the expiration of the statute of limitations by sending a pre-suit, notice of their claims shortly before their filing deadline expired. The notice was not accompanied by a form allowing the doctor access to the daughter’s medical information as required by the health care liability law. After the parents filed suit, the doctor moved for summary judgment, arguing that the notice did not delay the parents filing deadline, resulting in the suit being barred as untimely. … [Read more...]
J&J recalling more Tylenol from closed plant
Reported in Reuters by Lewis Krauskopf -- Johnson & Johnson said it was recalling more than 700,000 bottles or packages of Tylenol and other consumer medicines made at a now-closed plant, the latest in a litany of recalls by the company. J&J’s McNeil Consumer Healthcare unit recalled one lot of Tylenol 8 Hour Extended Release Caplets, or 34,056 bottles, from retailers, the company said. The company cited a musty odor that has prompted many other J&J recalls. The product was made at its Fort Washington, Pennsylvania plant before J&J closed the facility in April … [Read more...]