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Wednesday, February 27, 2008
Tort Reform Fears are Materializing in Florida:
Friends,
As we predicted in Florida, it seems many of our tort reform fears are materializing.
I've attached the Philadelphia Inquirer article, "Medical-Device Immunity, FDA to the Rescue?", dated February 27, 2008, as well as the transcript from the U.S. Supreme Court Argument yesterday.
The Supreme Court's path is incomprehensible... using their logic, one could argue that we need to prohibit all medical malpractice claims because juries are not intelligent enough to determine if the doctor committed malpractice and we should leave that decision to the state medical board. The medical board can stop the doctor by removing his license (just as the FDA can remove the drug from the market - even though it actually can't) and who cares about compensating the injured patient. Why not also grant immunity for car accidents since the police have jurisdiction over traffic rules. Clearly, the Supreme Court is agenda driven. Hold on tight... it's going to be an interesting ride.
Best regards,
Richard
RJA:jd
Enclosure
Tort%20Reform%20Article.pdf
--
Richard J. Arsenault
rarsenault@nbalawfirm.com
nbalawfirm.com
(318) 487-9874
As we predicted in Florida, it seems many of our tort reform fears are materializing.
I've attached the Philadelphia Inquirer article, "Medical-Device Immunity, FDA to the Rescue?", dated February 27, 2008, as well as the transcript from the U.S. Supreme Court Argument yesterday.
The Supreme Court's path is incomprehensible... using their logic, one could argue that we need to prohibit all medical malpractice claims because juries are not intelligent enough to determine if the doctor committed malpractice and we should leave that decision to the state medical board. The medical board can stop the doctor by removing his license (just as the FDA can remove the drug from the market - even though it actually can't) and who cares about compensating the injured patient. Why not also grant immunity for car accidents since the police have jurisdiction over traffic rules. Clearly, the Supreme Court is agenda driven. Hold on tight... it's going to be an interesting ride.
Best regards,
Richard
RJA:jd
Enclosure
Tort%20Reform%20Article.pdf
--
Richard J. Arsenault
rarsenault@nbalawfirm.com
nbalawfirm.com
(318) 487-9874
posted by
Harlan Schillinger
at
1:43 PM
0
comments
Monday, February 25, 2008
REALITY and YOUR YELLOW PAGES:
We thought we would share a true story with you all this Monday morning, that we believe to be a now common occurrence in offices and homes across the country........
About two weeks ago our local phone company Qwest, delivered a large shipment of brand new 2008 telephone books to our offices at 940 Wadsworth Blvd. An email was sent out to four floors of employees (over 125 people - 6 different companies) to please come and pick up the new 2008 editions of the Yellow and White Pages. A final email was sent out last week stating that no one had picked up the new editions of the phone books and that they would be sent to recycling at the end of the week. We can count on one hand how many people picked up new phone books last week. Six huge stacks of phone books are now off to the recycling plant. As you evaluate the value of your Yellow Page Advertising, make sure you are doing so based upon actual response from those ads. Use different RCF (Remote Call Forwarding) numbers in every ad so you can see on every monthly report from the phone company exactly how many calls you are getting from that ad. Spend wisely in the Yellow Pages.
Happy Monday.
Tammy Kehe
Vice President
Network Affiliates
__._,_.___
About two weeks ago our local phone company Qwest, delivered a large shipment of brand new 2008 telephone books to our offices at 940 Wadsworth Blvd. An email was sent out to four floors of employees (over 125 people - 6 different companies) to please come and pick up the new 2008 editions of the Yellow and White Pages. A final email was sent out last week stating that no one had picked up the new editions of the phone books and that they would be sent to recycling at the end of the week. We can count on one hand how many people picked up new phone books last week. Six huge stacks of phone books are now off to the recycling plant. As you evaluate the value of your Yellow Page Advertising, make sure you are doing so based upon actual response from those ads. Use different RCF (Remote Call Forwarding) numbers in every ad so you can see on every monthly report from the phone company exactly how many calls you are getting from that ad. Spend wisely in the Yellow Pages.
Happy Monday.
Tammy Kehe
Vice President
Network Affiliates
__._,_.___
posted by
Harlan Schillinger
at
9:11 AM
0
comments
Friday, February 22, 2008
Breaking News on TRASYLOL
BREAKING NEWS ON TRASYLOL
According to a report on 60 Minutes, the delay in taking Trasylol off the market after the publication of Dr. Dennis Mangano's groundbreaking study showing elevated risks of kidney damage (including dialysis), heart attack and stroke may have cost 22,000 lives. Dr. Mangano estimates that as many as 1,000 people per month died as a result of the use of Trayslol during Coronary Artery Bypass Graft surgery from the publication of his article in January, 2006 until the drug's withdrawal in November of 2007. You can view the entirety of the report by clicking the link.
On February 21, two studies were published in the New England Journal of Medicine. Both studies confirm that Trasylol causes an increased risk of death and kidney damage compared to alternative medicines or no medicine at all. Trasylol is an antifibrinolytic agent used during cardiac surgery to reduce the risk of blood transfusions. However, for patients that require the use of such a medication, two alternatives exists - aminocaproic acid and tranexamic acid - both of which are substantially less expensive than Trasylol. According to the two most recent articles and Dr. Mangano's study, aminocaproic acid and tranexamic acid are equally effective in reducing the risk of needing blood transfusions due to blood loss and present none of the health risks associated with Trasylol.
According to the February 2008 article by Dr. Andrew Shaw, et al., "survival was worse among patients treated with [Trasylol], with a main-effects hazard ratio for death of 1.32 (95% confidence interval, 1.12 to 1.55) for the comparison with patients receiving no antibrinolytic therapy (P=0.003) and 1.27 (95% CI, 1.10 to 1.46) for the comparison with patients receiving aminocarpoic acid (P=0.004).
In addition to the Shaw article, an article by Dr. Schneeweiss, et al., is also being published in the New England Journal of Medicine this month. This is the study that was actually funded by Bayer and withheld from the FDA until after a pivotal Advisory Committee meeting on Trasylol. This study concludes that the risk of death is 64% higher with Trasylol compared to aminocaproic acid (relative risk, 1.64; 95% confidence interval, 1.50 to 1.78).
Levin Papantonio is one of the leaders in the Trasylol litigation. We have filed multiple cases and are proceeding in both state and federal court. We are in the process of reviewing millions of pages of documents produced by Bayer in relation to this dangerous drug. Next month, the Judicial Panel on Multidistrict Litigation will hear argument on the formation of an MDL. Levin Papantonio is supporting an MDL in the Northern District of Georgia or the Middle District of Florida. Bayer is proposing an MDL in the District of Connecticut. Other alternatives proposed are the Southern District of Florida and the Northern District of California.
We know you will be interested in pursuing clients who were injured by Trasylol. We believe, given Dr. Mangano's estimates of the number of lives that could have been saved, that a lot of people injured by this drug are currently unrepresented. Please call Levin Papantonio immediately for any assistance you may need in the pursuit of clients and the prosecution of these important cases.
According to a report on 60 Minutes, the delay in taking Trasylol off the market after the publication of Dr. Dennis Mangano's groundbreaking study showing elevated risks of kidney damage (including dialysis), heart attack and stroke may have cost 22,000 lives. Dr. Mangano estimates that as many as 1,000 people per month died as a result of the use of Trayslol during Coronary Artery Bypass Graft surgery from the publication of his article in January, 2006 until the drug's withdrawal in November of 2007. You can view the entirety of the report by clicking the link.
On February 21, two studies were published in the New England Journal of Medicine. Both studies confirm that Trasylol causes an increased risk of death and kidney damage compared to alternative medicines or no medicine at all. Trasylol is an antifibrinolytic agent used during cardiac surgery to reduce the risk of blood transfusions. However, for patients that require the use of such a medication, two alternatives exists - aminocaproic acid and tranexamic acid - both of which are substantially less expensive than Trasylol. According to the two most recent articles and Dr. Mangano's study, aminocaproic acid and tranexamic acid are equally effective in reducing the risk of needing blood transfusions due to blood loss and present none of the health risks associated with Trasylol.
According to the February 2008 article by Dr. Andrew Shaw, et al., "survival was worse among patients treated with [Trasylol], with a main-effects hazard ratio for death of 1.32 (95% confidence interval, 1.12 to 1.55) for the comparison with patients receiving no antibrinolytic therapy (P=0.003) and 1.27 (95% CI, 1.10 to 1.46) for the comparison with patients receiving aminocarpoic acid (P=0.004).
In addition to the Shaw article, an article by Dr. Schneeweiss, et al., is also being published in the New England Journal of Medicine this month. This is the study that was actually funded by Bayer and withheld from the FDA until after a pivotal Advisory Committee meeting on Trasylol. This study concludes that the risk of death is 64% higher with Trasylol compared to aminocaproic acid (relative risk, 1.64; 95% confidence interval, 1.50 to 1.78).
Levin Papantonio is one of the leaders in the Trasylol litigation. We have filed multiple cases and are proceeding in both state and federal court. We are in the process of reviewing millions of pages of documents produced by Bayer in relation to this dangerous drug. Next month, the Judicial Panel on Multidistrict Litigation will hear argument on the formation of an MDL. Levin Papantonio is supporting an MDL in the Northern District of Georgia or the Middle District of Florida. Bayer is proposing an MDL in the District of Connecticut. Other alternatives proposed are the Southern District of Florida and the Northern District of California.
We know you will be interested in pursuing clients who were injured by Trasylol. We believe, given Dr. Mangano's estimates of the number of lives that could have been saved, that a lot of people injured by this drug are currently unrepresented. Please call Levin Papantonio immediately for any assistance you may need in the pursuit of clients and the prosecution of these important cases.
posted by
Harlan Schillinger
at
1:26 PM
0
comments
