February 2009 Archives

February 27, 2009

Big Pharma Conceals Connection Between Seroquel and Diabetes



Bloomberg News is reporting that drug maker, AstraZeneca has concealed unfavorable studies linking the prescription drug Seroquel to Diabetes.  Emails turned over as part of litigation related to the drug Seroquel have revealed that AstraZeneca "buried" studies with bad outcomes.

More than 15,000 people have filed lawsuits claiming the drug maker failed to warn its users of the connection between the antipsychotic drug and diabetes.  These lawsuits also claim that AstraZeneca promoted off label uses for the drug beyond the purpose for which the drug was approved by the FDA.

The first Seroquel trial is set to begin in April in Deleware state court. 

February 27, 2009

Wrongful Death, Nursing Home Abuse and Patient Neglect



The Chicago Sun-Times is reporting that workers at the Itasca nursing home that allowed Sarah Wentworth to wander outside and die in the freezing cold weather could face criminal charges.

According to Dan Rozek, Sun-Times Staff Reporter, a grand jury has been convened in DuPage County to consider charging certain members of the staff of the nursing home with criminal neglect in connection with the death of the eighty-nine year old woman.

The family has already filed a wrongful death civil lawsuit alleging that the nursing home and its staff were negligent in their supervision of the elderly Ms. Wentworth.

For over 40 years Goldberg & Goldberg has been working hard to protect the rights of the victims of medical malpractice and other negligence in Chicago, throughout Illinois and nationwide. If you wish to discuss a medical malpractice or other matter with one of our lawyers, please contact us               800-368-0255       . Your initial consultation is absolutely free.

February 25, 2009

Diabetes and Depression in New Moms



The Chicago Sun-Times is reporting today that woman with diabetes are more likely to experience depression during pregnancy or in the months after childbirth than non-diabetics.

Monifa Thomas, the Sun-Times health reporter, cites a study in the Journal of the American Medical Association in support of the proposition that 15% of woman with diagnosed diabetes experienced depression during or after pregnancy compared with 8% of women without diabetes.

Diabetes is a major complicating factor in pregnancy.  Women with diabetes are usually characterized as having high rish preganancies.  Diabetic women often have larger babies which can lead to complications at the time of delivery.  Untreated or uncontrolled diabetes has been linked to birth injuries.

February 25, 2009

Suicide and Product Warnings



The 7th Circuit Court of Appeals in Chicago has ruled that the subsequent remedial measure of putting suicide-related warnings on the packaging of the anti-depressant drug Effexor is not admissible in a case where a suicide victim has sued the manufactuer of the drug.

Jeff Giles, a southern Illinois coal miner, was diagnosed with major depressive disorder in 2002.  His physician prescribed Effexor which is manufactured by Wyeth, Inc.  Two days after starting on Effexor Giles committed suicide.  His family filed a wrongful death lawsuit against Wyeth.

In 2003 the FDA announced that it was concerned about reports that the drug Paxil was linked to suicide attempts in children and young adults.  In August of 2003 Wyeth changed the warning included in Effexor's packaging to state that pediatric clinical trials showed an increased risk of suicidal ideation in children using the drug.

The trial court refused to allow evidence of subsequent warnings at Giles trial in the Southern District of Illinois.  A verdict was entered in favor of Wyeth and Giles family appealed. 

The 7th Circuit ruled that because the 2003 warnings focused on children they had little probative value in helping to establish whether Wyeth knew or should have known about an increased risk of suicide in adults like Giles.

February 23, 2009

Nursing Home Abuse and Neglect in Chicagoland



A court has ordered the inspection of an Itasca nursing home where a resident wandered out into the cold and died in January, according to ABC News7 Chicago.

The inspection comes on the heels of a wrongful death lawsuit the family of 89-year-old Sarah Wentworth filed alleging neglect and abuse of the part of the nursing home where the woman had been a resident.

While prosecutors continue their investigation into the Itasca nursing home, the woman's family conducted its own investigation into how the 89-year-old ended up freezing to death when she was supposed to be in a safe and protected environment.

The court ordered inspection already points to an attempt by nursing home employees to hide the facts surrounding the elderly woman's death.

For over 40 years Goldberg & Goldberg has been working hard to protect the rights of the victims of medical malpractice and other negligence in Chicago, throughout Illinois and nationwide.  If you wish to discuss a medical malpractice or other matter with one of our lawyers, please contact us at               800-368-0255       .  Your initial consultation is absolutely free.

February 23, 2009

The Medical Malpractice Reform Act of 2005 - In The Hands of The Illinois Supreme Court



In 2005 the Illinois legislature enacted the Medical Malpractice Reform Act.  The law is nothing new to the State of Illinois. Twice before this type of law was enacted and subsequently struck down as a violation of the state constitution. The Supreme Court has twice decided in favor of patients and against the insurance companies seeking to protect their own profits.

The current case before the Illinois Supreme Court is really a case about a little girl who placed her life in the hands of physicians that she and her family trusted.  This little girl has a name and it is Abigaile LeBron.

Abigaile is a three-year-old whose life has been catastrophically altered by the severe and disabling brain injury that she suffered as a result of medical malpractice. Due to this negligence Abigaile will never live a normal life, will have to forever be feed through a feeding tube and will require constant care and attention from round the clock caregivers.

The arbitrary cap on damages contained in the Medical Malpractice Reform Act of 2005 has been castigated as it does not protect those who have been most harmed by medical and hospital negligence.  The Medical Malpractice Reform Act of 2005 was succesfully passed by the legislature due to the big money lobbying efforts of the state's insurance companies.  Other then line the pockets of the insurance indusrty, this law does nothing to help protect the rights of the citizens of our state.

As a result of this overwhelming excercise in corporate greed, a little girl like Abigaile, who suffers immensely as a result of medical malpractice, will be limited in her potential recovery simply because she was was the victim of medical malpractice, as opposed to some other form of negligence. 

The Illinois Constitution exists to ensure individual rights and freedoms to all citizens of Illinois, rich and poor, regardless of the mechanism of their injury..

Abigaile's case is now before the Illinois Supreme Court.  The insurance companies hired Theodore Olson, the former Solicitor-General for the Bush Administration, to argue that caps on medical malpractice awards are necessary to prevent a state-wide crisis causing doctors to leave the state due to the high cost of medical malpractice premiums.  What they have neglected to tell the public is that the rights of little people, like Abigaile, are being abridged and ignored in order to correct the self created problems of a bloated and failing insurance industry that has canibalized marketshare and mismanaged investments resulting in increased insurance premiums for doctors through no fault of their patients.  Sadly, this very legislation contains much needed insurance reforms that have had a positive effect on correcting some of these issues by actually reducing malpractice premiums.  If the insurance companies were honest they would take a hard look at their own conduct and admit that their bottom line has dissolved due to their own greed and not by supposed frivoulous malpractice lawsuits.

This case is now in the hands of our Supreme Court.  Lets hope they will strike down the Medical Malpractice Reform Act of 2005 as they have done twice before and stand up for the innocent victims of medical malpractice.

For over 40 years Goldberg & Goldberg has been working hard to protect the rights of the victims of medical malpractice and other negligence in Chicago, throughout Illinois and nationwide.  If you wish to discuss a medical malpractice or other matter with one of our lawyers, please contact us at               800-368-0255       .  You initial consultation is absolutely free.

February 3, 2009

Chicago Medical Malpractice-Doctors and Hospital Liens



What is a lien?

A physician is allowed to put a lien against any future settlement that comes out of that lawsuit. Or, a physician might be able to enter into a contract with a patient allowing the doctor to put a lien on whoever is responsible for his payment after the case is settled or decided. The lien, which can be sent to the defendant, the defendant's attorney and the plaintiff's attorney, would include the amount of reasonable charges for services rendered. The lien ensures that the physician's name is on the settlement check, or that a check is cut once a settlement is made. A physician's lien is a collection remedy employed by doctors to collect outstanding bills.

How is a lien created?

In Illinois,a physician's lien is created through a statute. Illinois law requires doctors to follow specific rules in order to perfect any lien that they might have against the settlement proceeds of your case.

Negotiating a lien.

Illinois lawyers have many tools to challenge the validity of Physicians liens once they have been asserted. An experienced lawyer is necessary to negotiate the complex rules related to resolving these matters.

For over 40 years Goldberg & Goldberg has been working hard to protect the rights of the victims of medical malpractice and other negligence in Chicago, throughout Illinois and nationwide.  If you wish to discuss a medical malpractice or other matter with one of our lawyers, please contact us at  800-368-0255.  Your initial consultation is absolutely free.