Washington Injury Attorney Blog

A four-year-old boy was awarded $2.35 million in compensation for an injury to his shoulder during birth. The boy has had to undergo multiple surgeries and physical therapy and has severe nerve damage. He may have to undergo more surgeries later this year.

The jury found Dr. Pankaj D. Thaker damaged the boy when he pulled too hard on the "boy's head and neck when his shoulder became stuck on the mother's pubic bone," according to the Waukegan News Sun.

Birth injuries as a result of medical negligence can have devastating consequences with life long impact on a person's quality of life. No amount of financial compensation can ameliorate the pain and suffering of a child that has to undergo multiple surgeries, physical therapy and has a lifelong handicap. However, a monetary award can help towards the huge financial impact of medical and educational expenses due to a child's disability.

The Farber Law Group is a law firm with more than 30 years experience in representing victims of medical malpractice. If your child was injured due to a birth injury that resulted from negligence, contact us today for a free case consultation.

Click here to view our Birth Injury Resources.

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Posted In: Medical Malpractice

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The Seattle Times reports that a Food and Drug Administration study raises concerns about adolescent diabetics using insulin pumps. While The FDA supports the use of insulin pumps in teenagers who have diabetes, they want consumers, their physicians and hospitals to be aware of potential complications due to the use of the medical devices including 13 patient deaths and 1,500 injuries.

Infusion pumps are becoming more common in the treatment of Type I diabetes in adolescents and are used by tens of thousands teenage patients.

In the study Adolescent Use of Insulin and Patient-Controlled Analgesia Technology published in the May issue of Pediatrics, the study looks at problems related to use of the pump by adolescents:

• Incorrect use of the pump, sometimes due to inadequate instruction
  
• Alarm problems
  
• Catheters that loosened or occluded
  
• Bent cannula
  
• Screen display problems
  
• Device malfunction which caused over delivery of medication or failure to deliver medication
  
• Patients disconnecting the pump for exercise
  
• Carelessness

The study highlights the special issues of using the pump with teenage patients and urges proper education and parental oversight. The FDA urges consumers and practitioners to device-related problems through the FDA Medwatch program: www.fda.gov/medwatch

If you or a loved one has been injured or a loved one died due to the malfunction of a medical device, you need to contact a personal injury attorney to insure your rights are protected. At The Farber Law Group, we have more than 30 years experience in representing victims of malpractice and defective or dangerous products. Contact us today for a free case evaluation.

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Posted In: Dangerous Products , Medical Malpractice , Wrongful Death

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Both The Seattle Times and The Seattle Post Intelligencer report today that Fosamax©, a medication to treat osteoporosis, appears to double a woman's chance of having atrial fibrillation, a sometimes serious heart condition.

Fosamax© is manufactured by Merck & Co. A generic version, alendronate, was approved by the Federal Drug Administration in 2008. Fosamax© has also been linked to another serious condition, osteoncrosis of the jaw, also known as jaw necrosis or jaw death. Osteonecrosis can cause parts of the jawbone to deteriorate, causing an extremely painful condition that can lead to jaw removal.

The Seattle, Washington study which was published in the Archives of Internal Medicine was done by Group Health in Seattle and the University of Washington. The study, which followed 719 women with atrial fibrillation, compared them with 966 women who did not have the condition. The study found that the women who had taken Fosamax©, had an 86% higher incidence of the condition.

Atrial fibrillation can result in irregular heartbeats (heart palpitations), shortness of breath, fatigue, blood clots which can cause strokes, and congestive heart failure.

Dr. Philip Mease, an osteoporosis expert at Swedish Medical Center who was not involved in the study, cautions women not to suddenly discontinue the medication. The Group Health study said, "it is important to carefully weigh the benefits against the possible risk of atrial fibrillation in women who have only modestly increased fracture risk and in women who have risk factors for atrial fibrillation, such as diabetes, mellitus, coronary disease or heart failure."

Osteoporosis is a condition that strikes women far more often than men, affecting 25 million Americans a year. It causes bone loss and when the bones become weak and thin they can easily break.

If you or a loved one has experienced any serious side effects after using Fosamax© such as atrial fibrillation or osteonocrosis, you need to contact a personal injury attorney to ensure that your rights are protected. The Farber Law Group has more than 30 years experience of representing people with serious personal injury and malpractice. Contact us today for a free case evaluation.

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Posted In: Dangerous Products , Medical Malpractice

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A jury in Snohomish Superior Court awarded Paramjit Singh of Mount Vernon, Washington a $40.1 million settlement after a defective medical device burned his heart during surgery. Singh then had to undergo a heart transplant and is forced to take anti-rejection medication for the rest of his life and has other serious health complications including facing a kidney transplant.

Singh underwent a cardiac bypass surgery at Everett Medical Center in 2004 when a device manufactured by Edwards Lifesciences overheated, burning his heart. Singh's heart stopped and could not be restarted. He had to be kept on a medical heart device for weeks until a heart could be found for a transplant.

Singh's lawyers presented evidence to the jury that Edwards Lifescience was aware that the of a potential problem with the device since 1998 but did not recall the device or warn hospitals and patients. Of the damages, $8.35 were punitive. Punitive damages are not generally allowed in Washington Court but the allowed them because Edwards Lifescience is located in California where punitive damages are allowed.

If you or a loved one is seriously injured or killed because of medical malpractice or a defective product, contact The Farber Law Group immediately. We have more than 30 years experience in representing victims of serious personal injury. Contact us today for a free case evaluation.

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Posted In: Burn Injuries , Dangerous Products , Medical Malpractice

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Two recent medical studies found that Bayer’s anti-bleeding product, Trasylol, generically known as Asprotinin, is dangerous. Trasylol or Asprotinin, given to heart bypass surgery patients by their physicians to stop bleeding and reduce blood transfusions, was found to cause patients to die at a much higher rate than patients given other anti-bleeding drugs. The drug also caused a higher rate of kidney failure requiring patients to go on dialysis.

Although it is not clear why patients who took Trasylol died at a higher rate than patients given other medications, two recent medical studies reached that conclusion. They found that 6.4 percent of patients who were given Trasylol died within 30 days of the surgery, a rate nearly 2½ times higher than patients who got another drug or who received no treatment for excessive bleeding. At one year after surgery, almost 16 percent of Trasylol patients had died, approximately 2½ times higher than patients using an alternative medication.

According to the Associated Press, Bayer, who was aware of the this information, including the preliminary results from their own study, failed to present this evidence to the Food and Drug Administration, claiming the medical studies were flawed. But according to Dr. Sidney Wolfe of Public Citizen’s Health Research Group, it is Bayer’s reasoning that is flawed, “I just don’t know how much further evidence you need.” Wolfe also said that federal health officials should pursue criminal charges against Bayer for withholding information from FDA.

Trasylol has been on the market for 14 years and was used by doctors to treat hundreds of thousands of heart bypass patients each year. Bayer stopped selling the drug last fall, after a study was halted because of deaths among patients taking Trasylol.

Injuries or death resulting from dangerous drugs are often quite complex, and establishing legal fault requires the assistance of an attorney knowledgeable in this area of the law.

At The Farber Law Group, we are experienced in representing the victims of dangerous drugs and in helping victims or their families recover compensation for those injuries. Contact us today for a free case evaluation.

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Posted In: Dangerous Products , Medical Malpractice

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Linda Guile, a woman from Renton, Washington had her spinal nerves severed, losing control of her bladder and bowels while undergoing back surgery by Dr. Britt Borden. Barbara Ristved, also a Washington State resident, had similar damage in a surgery that Borden performed on her. Both women won malpractice settlements because of their botched surgeries.

After leaving Washington State, Borden stated practicing neurosurgery in Aberdeen, S.D. There, his patient Marilyn Zubke, underwent surgery after a car accident. When that surgery was botched, she underwent another surgery by Borden, which was also botched. Zubke was awarded a $990,000 settlement in a medical malpractice suit.

The Capital-Journal reports that though Dr. Borden has lost malpractice suits in South Dakota, Virgina and Washington, the Kansas healing art board has issued Dr. Borden a license to practice medicine. On his application for a license in Kansas, Borden denied negligence in his previous malpractice cases.

We concur with Marilyn Zubke who believes that a physician's records concerning malpractice and discipline should be made public so that patients can make informed decisions.

If you are the victim of a botched surgery, contact The Farber Law Group. At The Farber Law Group, we are experienced in representing the victims of negligent doctors and other health care providers and in helping victims recover compensation for your injuries, or those of a loved one.

Please contact us for a free consultation.

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Posted In: Medical Malpractice , Spinal Cord Injury

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USA Today reported the case of a 5 year old boy, Trey Jones, who suffered serious side effects as a result of a prescription error. The child was dispensed the wrong medication by a Walgren’s pharmacy and took the medication for two months before the error was discovered. The boy’s serious side effects included rages and also signs that he was going into premature puberty when he was given a Methitest – a synthetic hormone -- instead of a blood pressure medication. The lengthy report by USA Today says that the incidence of receiving a prescription with a potentially life-threatening result is 1 in 1,000 prescriptions. USA Today Reporters Erik Brady and Kevin McCoy investigated the records of two of the largest pharmacy chains, CVS and Walgren. In Washington State, The Farber Law Group, represents clients who have suffered serious injury or wrongful death due to medical malpractice.

Some of the reasons cited that prescription mistakes are made include:
• Requiring pharmacists to fill over 350 prescriptions per day.
• Emphasizing speed in filling prescriptions
• Needing more staff
• Failing to provide patient counseling
• Relying on technicians rather than pharmacists
• Failing to provide patient enough information on the medications they are prescribed

The newspaper also highlighted two cases that resulted in the patient’s death:

• Eric Warren a 31 year old wrestling coach whose family was awarded $6 million after he died from a serious drug interaction.
• Beth Hipperly a 42 mother of three who died after being given the wrong dosage of blood thinner. Her family was awarded $25.8 million.

To avoid problems with prescriptions, patients are urged to research every medication they are taking and check what the common usages are for the drug they were prescribed along with the drug shape and color. WebMd's drug interaction checker can help a person check for drug interactions. The FDA also has an information page on Drug Interactions: What You Should Know.

If you or a family member has suffered a serious injury or death due to a prescription error, The Farber Law Group, a Washington law firm experienced and knowledgeable in handling medical malpractice claims may be able to help you recover your damages. Generally, personal injury attorneys handle medical malpractice cases on a contingent fee basis. That means that they do not charge you any attorneys’ feels, until and unless they recover money for you. Contact us today for a free case evaluation.

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The Seattle Times reported today that, under a voluntary agreement between the State of Washington, Governor Christine Gregoire and leading hospitals, medical centers and medical providers, medical providers will not bill patients when their medical errors results in injury to the patient. The agreement is not binding but pledges that patients will not be billed for surgeries to correct mistakes and hospital stays as a result of mistakes.

The Seattle Times article detailed the case of Dennis Rockenbach of Bellingham who was severely injured after an operating room error resulted in severe burns to his throat during routine surgery. Rockenbach was in intensive care for a month after surgery and was then billed $66,000 by the hospital and his physicians. Rockenbach sued the hospital and physicians and ultimately settled his case for $7 million dollars.

Patients routinely are billed for mistakes such as surgical instruments left in the body and operating on the wrong limb. The most common injury to a patient is bedsores – pressure ulcers – which may result when a patient is confined to bed for a long period of time.

The Leapfrog Group for patient safety, a national organization which works towards eliminating medical mistakes, was instrumental in facilitating several states and groups in working out this agreement.

This agreement between the State of Washington and medial practitioners goes a long way in helping medical practitioners accept responsibility when they make a mistake. However, if a patient is injured as a result of medical negligence, they may also be eligible for a damage award. If you want more information on this case or assistance with a medical malpractice case, contact us at the Farber Law Group. With the help of The Farber Law Group, a Washington firm experienced and knowledgeable in handling medical malpractice cases, you may be able to recover damages in a medical malpractice lawsuit.

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In Washington State, there is no defined cap on damages in medical malpractice cases. A recent verdict in Massachusetts awarded a woman 2.5 million dollars for medical misdiagnosis after she had been treated for nine years for HIV infection when she never had the virus. One can only imagine the psychological and physical toll on this woman who had to take a cocktail of anti-viral medications, each with their own side effect. After her correct diagnosis, the woman said it was hard not to live like she had HIV.

This kind of misdiagnosis is not as uncommon as one might think. In January of 2002, an Oklahoma jury awarded a man 1.4 million dollars after he had been treated for HIV when he also did not have the virus.

Medical malpractice occurs not only when a doctor fails to re-check tests or order additional tests when they are warranted. It can also occur when the doctor’s course of action causes the patient harm, as in the above mentioned patient who had the expense and physical side effects of medications for a disease that she did not have.

If you have been misdiagnosed and failed to receive adequate medical treatment as a result, with the help of The Farber Law Group, you may be able to recover damages. Call us today for a free case evaluation.

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Posted In: Medical Malpractice

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According to the American Medical Association (AMA), 10-15% of all doctors have suffered with some sort of alcohol or drug addiction at any one time during their medical career potentially putting their patients at risk. The AMA says that some 7-8,000 doctors are currently undergoing treatment for substance abuse problems. And, in most states, doctors can be treated confidentially, without their patients being informed. While doctors suffer no more addiction problems than the rest of the population, the question is, “Should doctors be able to seek treatment anonymously?” “Do patients have the right to know if their physician is being treated for substance abuse problems.”

Impaired doctors have botched surgeries or failed to follow up on lab and tests results. In Montana, a jury awarded a patient an undisclosed settlement when the doctor failed to follow up on a test result showing that the patient had cancer. The patient went untreated for a full year after the cancer appeared on a test result the physician failed to read. Dr. Robert Schure, the doctor named in the suit, had failed rehab six times according to news reports. In North Carolina, a doctor undergoing alcoholism treatment billed a patient’s medical insurance for gastric bypass surgery and then performed a shortcut surgery which resulted in the patient having many serious complications.

Most addiction centers and the AMA believe that doctors should be able to be treated confidentially. Anonymous treatment encourages physicians to seek treatment, they say. Without anonymity many physicians would no longer seek treatment.

California is the only state that is going back to the rules that were in effect in the 1980’s: a doctor with an addiction loses their license. Period. Would you want TV’s Dr. House with his addiction to painkillers treating your family member?

If you have been hurt as a result of a doctor’s negligence, with the help of The Farber Law Group, a Washington law firm experienced and knowledgeable in handling medical malpractices, you may be able to recover your damages. Call us today for a free case consultation.

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