Michigan Personal Injury Blog - Autism

Autistic Teen Dies from Fatal Overdose on Fentanyl Patch

David Mittleman — Wed, 30 Sep 2009 10:00:00 GMT

According to the Food and Drug Administration’s website, abuse of the fentanyl patch has risen in recent years. However, the blame does not lie with drug-abusing patients. Instead, the responsibility rests squarely on the shoulders of doctors who have prescribed the pain relief patch inappropriately. For example, the FDA has warned since 2005 that the fentanyl patch was specifically designed for cancer and other seriously ill patients who have developed a tolerance for opium-derived painkillers. However, the FDA continues to receive reports of life-threatening side effects and deaths in patients who were prescribed the patch for mild pain such as headaches or other occasional physical discomfort.

Sadly, 15-year-old Michael Blankenship, an autistic young man who was unable to speak, was prescribed a fentanyl patch following dental work. He was released to his mother’s home the day of the surgery, and went to bed that night with the fentanyl patch affixed to his body. His dentist claims he had never prescribed such a strong fentanyl painkiller. In fact, the patch released 100 micrograms per hour, the maximum dosage available. The next morning, Tammy Jarbo-Blankenship, Michael’s mother, found Michael dead in his bed.

Since the incident, Tammy has created a memorial fund in her son’s name to help other autistic children with life’s obstacles and to generate public awareness of Autism. Moreover, she has filed a lawsuit against Seattle Children’s Hospital, where the dentist prescribed Michael the fentanyl patch. Tammy also stated that the civil suit is the last chance for her to hold Children’s Hospital accountable for her son’s death.

Originally posted at InjuryBoard by David Mittleman

Special Needs Children Pay When Insurance Companies Don’t

David Mittleman — Tue, 30 Jun 2009 14:29:44 GMT

Last week I posted an article about Blue Cross Blue Shield and its agreement to pay families of autistic children a total of $1 million for behavioral therapy coverage. Although this settlement is a step in the right direction, health plans have a long way to go before children with special needs receive fair treatment.

Developmental problems are pervasive in their nature. They affect nearly every aspect of a child’s life. Some disorders, such as birth-trauma induced cerebral palsy, impact both the mental and the physical development of the child. As a result, these children often require specialized equipment, supplies, services, or devices able-bodied children do not need.

Unfortunately, health plans and insurance companies characterize such special requirements as not "medically necessary" - almost always at the plan administrator’s sole discretion - and deny these benefits. As a result, many families are forced to pay expenses out of pocket or to make the unsettling choice of forcing their child to do without the needed benefit. Compounding the insult is the fact that the law makes it exceedingly difficult to reverse the decision of the plan administrator.

One glaring example of the anti-consumer state of the law is the Employee Retirement Income Security Act (ERISA). Originally designed as a measure to protect workers and ensure they would receive the promised benefits of their employment, a series of court decisions over the past two decades gave plan administrators tremendous authority to deny claims. Only very recently have some Courts begun ruling in favor of individuals instead of corporations.

The time period in which to challenge an adverse decision is usually very limited. If your health plan has denied a claim you believe you are entitled to, contact us to see if we can help.

Originally posted at InjuryBoard by David Mittleman

Blue Cross Blue Shield to Pay $1 Million to Families of Autistic Children

David Mittleman — Fri, 26 Jun 2009 11:32:09 GMT

Blue Cross Blue Shield has agreed to pay $1 million dollars total to families that sought coverage for behavioral therapy for their young autistic children and were denied. The settlement money will go to approximately 100 families, including those that were denied coverage or who had to pay the cost of the therapy out-of-pocket.

The federal lawsuit was filed in U.S. District Court in Detroit after the families were denied because Blue Cross Blue Shield deemed the therapy “experimental”. Blue Cross Blue Shield has since changed their policies regarding autism therapy: beginning last month they started offering therapy to autistic children from ages 2-5. However, they still maintain that they consider the treatment “investigational and experimental”.

All of the children named in the lawsuit were treated at an autism center operated by William Beaumont Hospitals in Royal Oak, Michigan. The specific therapy offered at the hospital aims to help children address common social and communication issues associated with autism. Early intervention is considered key to helping autistic children develop at a similar rate to their non-autistic peers.

Originally posted at InjuryBoard by David Mittleman

Autistic Boy Dies From Deadly Cocktail of Psychiatric Drugs

David Mittleman — Mon, 25 May 2009 10:00:00 GMT

An Autistic boy was killed on May 23, 2007 by a lethal combination of anti-psychotic drugs while under the care of his psychiatrist and a group home. The boy ultimately died of serotonin syndrome.

The boy’s mother admitted him to a state-funded group home after he attempted to choke one of his two younger sisters and she began to fear for the girls’ safety. However, she did not give up her parental rights to the boy. The director of the group home allegedly stopped taking the boy to his original doctors and began to take him to the other psychiatrist accused of overmedicating the boy, without the mother’s approval.

In the wrongful death and medical malpractice suit, the boy’s mother claims that overmedication and improper care led to the death of her son. Shockingly, some of the drugs administered to the boy were not approved by the FDA and the boy had signs of adverse reaction. In fact, the boy was hospitalized twice within a few months for emergency treatment. The boy’s doctor did reduce his medication once, but then increased the dosage again, which ultimately led to his untimely death.

Originally posted at InjuryBoard by David Mittleman