Wyoming Personal Injury Blog

Proposal Makes Regulating On the Job Toxin Exposure More Difficult

Kyle Bachus — Wed, 30 Jul 2008 04:00:00 GMT

In news that should surprise absolutely no one, political appointees at the Department of Labor, working in secrecy and over the objection of department experts, are trying to ram through a proposal in the waning days of the Bush administration which would make it harder to regulate workplace toxin exposure.

Sources told the Washington Post that the proposal, which was not disclosed in public notices as required and has not yet been made available to the public, calls for change in the way the government assesses workplace-safety regulations and "would also require the agency to take an extra step before setting new limits on chemicals in the workplace by allowing an additional round of challenges to agency risk assessments." This extra step, George Washington University epidemiologist and professor David Michaels told the Post, "is a guarantee to keep any more worker safety regulation from ever coming out of OSHA. This is being done in secrecy, to be sprung before President Bush leaves office, to cripple the next administration."

This effort has been spearheaded by Deborah Misir, a former ethics adviser to President Bush and a deputy in the department's policy office, who "did not consult scientific and workplace-risk-assessment experts in OSHA and the Mine Safety and Health Administration, according to sources briefed on her work." When she did consult the experts, "they objected to the legality and substance of the proposal."

No matter, the department simply didn't include the proposal in its semiannual agenda, and as if by magic, the risk-assessment overhaul, which happens to benefit businesses who complain that the risk of workplace toxin exposure is overestimated, suddenly became top priority, vaulting over trifling matters like of reducing on-the-job deaths, injuries and illnesses caused by various toxins.

While it can be argued, as a consultant who worked with the department on a study of the risk-assessment process does here, that the changes in the proposal will cut down on bureaucratic red-tape and preserve jobs, the last-minute nature of the proposed regulation, after almost eight years of nearly total inaction, is suspicious, to say the least. Peg Seminario, director of health and safety policy at the AFL-CIO, related these suspicions to the Post: "They are trying to essentially change the job safety and health laws and reduce required workplace protections through a midnight regulation."

Thomas Connell

Summer Intern 2008

J.D. Candidate 2010

University of Colorado

Originally posted at InjuryBoard by Kyle Bachus

AIDS: Still deadly

Darin Schanker — Thu, 19 Jun 2008 15:41:12 GMT

Naturally, game 3 of the NBA Finals was a star-studded event. The classic rivalry between the Boston Celtics and the Los Angeles Lakers reigniting after 21 years attracted L.A. celebrities and NBA legends in equal numbers, and there, sitting court-side, looking hale and healthy, was Earvin "Magic" Johnson, quintessential Laker champion and one of the NBA's all-time greats.

Seventeen years ago, very few would have predicted that Johnson would live to see the new millennium. The shock of Johnson's November 7, 1991 announcement that he was HIV-positive is hard to fathom today: people like Johnson and others have successfully fought and lived with the disease for years. But from 1986 to 1996, over 300,000 people with AIDS died.

The precipitous decline in AIDS-related fatalities since the height of the epidemic, mainly due to the introduction of the antiretroviral drug cocktails (HAART or highly active antiretroviral theraphy) which have helped keep Magic health since 1996, has given rise to the myth that the disease can be treated and effectively cured. But Americans are still dying from AIDS.

The people who are most likely to die are the poor who can't afford to get tested and treated (HAART can cost upwards of $1,000 a month), or who don't get tested until they have full-blown AIDS; those made especially vulnerable to cancer or heart disease from their drug cocktails; and those long-term survivors whose earlier, pre-HAART treatment caused to virus to become drug-resistant. So while we should be optimistic about the future, we should keep in mind that there is no still magic cure for HIV/AIDS.

Thomas Connell

Summer Intern 2008

JD Candidate, 2010

University of Colorado

Originally posted at InjuryBoard by Darin Schanker

McKesson Corporation to pay $13.25 Million in Settlements

Linda Snyder — Tue, 06 May 2008 19:51:44 GMT

McKesson Corporation has reached an agreement to pay $13.25 million in civil and administrative settlements with the U.S. Drug Enforcement Administration and six U.S. Attorneys for failing to report sales of certain drugs to on-line pharmacies.

Did you ever wonder how illegal on-line pharmacies are able to obtain the drugs they sell to customers without a legal prescription? The answer is simple.they buy them from the drug manufacturers just like your regular corner drug store.

The problem is the drug manufacturers are violating the Controlled Substances Act by failing to report to the DEA any suspicious sales which include orders that are unusually large, unusually frequent, and/or deviated substantially from the normal pattern. By failing to report the sales to the on-line pharmacies, drug manufacturers are not only violating the Controlled Substances Act they are also contributing to the growing epidemic of prescription drug abuse.

"The abuse of prescription medications is a significant and growing problem, and there is an erroneous perception among our youth that the recreational use of these powerful medications is somehow safer than the abuse of illegal drugs such as cocaine, meth, and heroin," said Deputy Attorney General Mark Filip. "Today's settlement makes clear that the Department of Justice is committed to doing its part to curtail illegal access to these dangerous drugs."

My question is what would motivate a drug manufacturer to report an upsurge in their sales? The money is pouring in, so why would they do anything to jeopardize this influx of revenue? The drug companies have no reason to comply until it hits them in the pocketbook and I suspect that while this $13.25 million dollar settlement stung a little, it was probably just a drop in the bucket compared to the profit they made before they got caught.

Originally posted at InjuryBoard by Linda Snyder

Vytorin and Zetia Only to be Used as Last Resort

Linda Snyder — Thu, 03 Apr 2008 13:15:52 GMT

The American College of Cardiology has recommended that the popular drugs Vytorin and Zetia should only be used after all other cholesterol lowering drugs fail. The panel's spokesman, Harlan Krumholz of Yale University, said: "Our strongest recommendation is that people need to go back to statins. . If you were put on this drug before you were fully treated on a statin, you should go back."

The panel based its findings on detailed evidence from a controversial study showing Vytorin worked no better than a statin drug currently being sold as a cheap generic.

Zetia was approved in 2002 and Vytorin in 2004 based on research showing that they dramatically reduce levels of LDL. High LDL levels can raise heart attack risk, however these drugs were not proven to actually save lives. Both Zetia and Vytorin are made up of a drug, ezetimibe, which blocks the absorption of bad cholesterol, LDL, in the gut. Vytorin also contains the cholesterol-lowering drug simvastatin. Statins work by blocking LDL synthesis in the liver.

The two-year trial, sponsored by the drugmakers Merck and Schering-Plough, involved 720 patients who had a severe form of inherited high cholesterol. Half were given simvastatin, also sold as Zocor, and a placebo. The rest were treated with the combo sold as Vytorin.

The drugs' performance was evaluated by measuring fatty deposits in the carotid arteries that supply the brain and femoral arteries in the legs. Researchers found no differences between patients who took simvastatin alone and those who took Vytorin.

"There is absolutely no difference . between the two treatment groups," said lead investigator John Kastelein of the Academic Medical Center in Amsterdam at the group's annual scientific session.

What makes this study particularly interesting is, in a second study published in the New England Journal, Krumholz and his co-workers scrutinzed prescribing practices in the US, where a $200-million-a-year consumer advertising campaign helped build Vytorin and Zetia into best-sellers. This marketing effort helped drug makers Merck and Schering-Plough gain a 15 percent market share for cholesterol lowing drugs in the US. In Canada, where direct-to-consumer advertising is banned, the market share was 3 percent.

Furthermore, earlier studies have shown that pharmaceutical companies spend almost twice as much on marketing a drug than they spend on research and development for that same product.

So, the question is.did the drug companies know about or suspect the effectiveness of Vytorin and Zetia before they put these drugs on the market, knowing they could make a large profit before the truth caught up with them? Did they choose to put profit over consumer safety by spending more money on the marketing campaigns instead of research and development?

Appropriately enough, shares of Merck (MRK) and Schering-Plough (SGP), the companies that market Vytorin, plunged this week to their lowest levels in years.

Originally posted at InjuryBoard by Linda Snyder

Dennis Quaid Sues Baxter for Heparin Overdose

Linda Snyder — Tue, 18 Mar 2008 15:07:11 GMT

Actor Dennis Quaid and his wife Kimberly Buffington filed a lawsuit in December 2007 against Baxter Healthcare Corporation, claiming the drug maker was negligent when packaging different doses of the same drug in similar packaging. Both heparin and the lower dose version, hep-lock are packaged in similar vials with blue backgrounds and very small print on both labels.

Quaid's newborn twins, who were hospitalized for staph infections, were both administered multiple near fatal dose of the blood thinner Heparin at Cedars-Sinai Medical Center in Los Angeles last November. Zoe Grace and Thomas Boone were given 10,000 units of Heparin, rather than the 10 units they were prescribed. Babies typically get Heparin in their IV catheters to prevent clotting because their IV lines are so tiny. It's necessary for the babies to survive.

In 2006, a similar incident in Indiana involving 6 newborns which resulted in the death of 3 babies, motivated Baxter to redesign the packaging and issue a warning to hospitals. There were also at least two other incidents in 2001 involving infants, both of which recovered. What Baxter didn't do was recall the old stock that was sitting in hospitals all over the country, including Cedars-Sinai in Los Angeles

Quaid and his wife are in the process creating a foundation to fight the epidemic of hospital errors. Quaid told 60 Minutes, he hoped that Cedars-Sinai would also take a lead in fighting hospital errors.

In an interview with "60 Minutes," Baxter executive Debra Bello explained in an interview with "60 Minutes", "the product was safe and effective, and the errors were preventable and due to failures in their system,"

The argument could be made that it's not Baxter's fault because they changed the labeling. The argument could be made that it's not the nurse's fault because the packaging was so similar, you couldn't tell the difference. The argument could be made that it's not the pharmacy's fault because they couldn't tell the difference between the adult dosage and the infant dosage because the print on the label was so small . The argument could be made that mistakes happen. The argument could be made that Pharmaceutical Companies and hospitals won't take steps to correct those mistakes until someone files a lawsuit and it hurts them in their pocketbooks.

Originally posted at InjuryBoard by Linda Snyder

A Friend in Need of a Kidney Transplant

Linda Snyder — Mon, 25 Feb 2008 17:02:38 GMT

Imagine the hope and excitement of graduating from high school and looking forward to the next chapter of your life as you head for college to pursue career of your dreams.

Imagine the devastation as you learn you have a serious disorder that will put those dreams on hold and in fact threatens your very life.

This is Kelsey Crider's reality. A bright, articulate young woman, Kelsey Crider's future looked promising as she was headed for Ft. Lewis College in Durango, Colorado. Two weeks after her high school graduation, Kelsey had routine blood work done. Initial tests came back indicating she was anemic and her hematocrit was low. Further tests revealed that Kelsey had Medullary Cystic Kidney Disease, a hereditary disorder in which cysts develop deep within both kidneys. With no prior symptons her kidneys gradually lost their ability to function. At this point, Kelsey's kidney was only functioning at 12% and she was suffering from kidney failure and needed an immediate kidney transplant.

Fortunately, Kelsey's father was a match and the transplant went without a hitch. Unfortunately, even after a dramatic battle and a lengthy hospital stay, Kelsey's body rejected her new kidney and is now on dialysis 3 days a week at four hours each session. Throughout her ordeal Kelsey has persevered with positive attitude and a smile on her face.

Her dream of attending college to become a photographer has been put on hold as Kelsey focuses on recovering from her surgeries and massive doses of anti-rejection medication. Her doctor has advised that her body needs to rest and heal before they attempt another surgery. In the meantime, we want to find her another donor.

Whether you consider becoming a living kidney donor or can pass this story on to your contacts, let's do what we can help this family and give this young lady a chance to reach her dreams.

To learn more, please contact Steve Crider at rockymtngatr@yahoo.com or call 303.530.2929.

Originally posted at InjuryBoard by Linda Snyder

Buying ED Products Online Can Be Dangerous

Jenny Albano — Wed, 09 Jan 2008 09:48:59 GMT

Men who look online for dietary supplement for erectile dysfunction should be aware that many of these products contain prescription drugs and other undisclosed ingredients.

"Many consumers perceive these products as completely safe because they are often sold with labeling, suggesting that they are all-natural alternatives to prescription drug products that have been approved by FDA for treating ED. But these products may be laced with potentially hazardous ingredients that aren't noted on the label," says Linda Silvers, leader of FDA's Internet and Health Fraud Team, part of the Office of Compliance (OOC) in the Center for Drug Evaluation and Research (CDER).

Silver completed an Internet survey of these "dietary supplements" and found that over 1/3 contained undisclosed prescription drug ingredients or similar substances.

Six of the 17 products tested contained the active ingredient in Viagra, sildenafil, or other substances similar to sildenafil or vardenafil (active ingredient for Levitra). The undisclosed ingredients in these supplements can lead to serious side-effects for consumers.

People with diabetes, high blood pressure, high cholesterol, or heart disease are often prescribed drugs containing nitrates, and men with these conditions commonly suffer from ED, says Mark Hirsch, a Medical Team Leader in CDER's Division of Reproductive and Urologic Products. "Those are factors that doctors consider when prescribing approved ED treatments."

Sally Eberhard, Acting team Leader of OOC's Import-Export Team says that the FDA and U.S. Customs are working together to screen and stop these kind of shipments from entering the U.S. Also, the FDA is trying to come up with new ways to educate consumers about the risks of buying the sexual enhancement products on the Internet.

Here is a list of some of the products that consumers should avoid:
Actra-Rx
Actra-Sx
Libidus
Nasutra
Neophase
Vigor-25
Yilishen
Zimaxx
4EVERON
Liviro3
Lycium Barbarum L.
Adam Free
Rhino V Max
V.Max
True Man
Energy Max
HS Joy of Love
NaturalUp
Blue Steel
Erextra
Super Shangai
Strong Testis
Shangai Ultra
Shangai Ultra X
Lady Shangai
Shangai Regular, also marketed as Shangai Chaojimengnan

For more information on this subject, please refer to our section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Jenny Albano

Energy Drinks May Increase Blood Pressure

Jenny Albano — Thu, 08 Nov 2007 23:20:14 GMT

Results of a study show that energy drinks may increase heart rate and blood pressure levels in addition to increasing energy. The researchers of the study are recommending that anyone who has high blood pressure or heart disease should avoid these beverages because their blood pressure could change and the drinks may change how effective medications are.

The drinks generally have high levels of caffeine and taurine, an amino acid found in protein-rich foods like meat and fish that can affect heart function and blood pressure, the researchers said.

The researchers stated that they saw a significant increase in both blood pressure and heart rate in healthy participants while they were just sitting. The increase was nothing health threatening, but it could be for people with cardiovascular disease or those taking drugs to lower heart rate or blood pressure.

The participants consumed two energy drinks every day over a seven day period. Their heart rates rose from around 8% on day one to 11% on day seven. Maximum systolic blood pressure rose from 8% to 10% by the end of the study, and diastolic blood pressure went from 7% to 8%.

The American Beverage Association responded to this study by saying,
"While the amount of caffeine in energy drinks or coffee may cause a slight and temporary increase in blood pressure, it would have no greater effect than walking up a flight of steps, so singling out energy drinks in a unique manner, particularly when compared to a more commonly consumed caffeinated beverage like coffee, does not provide a full and proper context for consumers."

For more information on this subject, please refer to our section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Jenny Albano

Target Recalls Rattles Due to Choking Hazard

Courtney Mills — Tue, 02 Oct 2007 12:44:55 GMT

The large merchandiser Target in concert with the U.S. Consumer Product Safety Commission has issued a recall of approximately 82,000 'Plush Boys Rattles' because of a choking hazard. The rattles were manufactured in China.

The cloth rattles have the propensity to be torn open by children, releasing beads that present a choking hazard. Parents are advised to remove the rattles from children as soon as possible.

The recalled rattles were sold at Target in three varieties: a white baseball rattle , a brown football with white stitching, and an orange basketball with black stitching. The identification tag on the rattles bears the lettering, "Reg. No. PA5706(CN), Distributed by Double Nice Co. Ltd. 3f-2 No. 325, Wu-Chuan Roan Taichung, Taiwan, Made in China."

Rattles can be returned to any Target store for a full refund. For pictures see these recalled rattles.

For more information on this subject, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Courtney Mills

88 Died in Thai Plane Crash- Many Tourists Aboard

Jenny Albano — Sun, 16 Sep 2007 20:31:40 GMT

A plane carrying many foreign tourists crashed Sunday, September 16, in Thailand. The plane was trying to land while it was raining onto the Phuket, a small Thai island. The plane then split in to and burst into flames, authorities reported at least 88 people have died from the crash.

The budget One-Two-Go Airlines domestic flight OG269 was carrying 123 passengers and seven crew members from the capital, Bangkokm to Phuket, popular among tourists for its pristine beaches.

The plane crashed and then skidded off the runway, and then the plane broke in two. Officials think that the weather was a factor in the crash because visibility was bad when the plane was landing. The pilot was trying to make a go-around, but the plane lost balance and crashed.

One passenger said before the plane crashed he sensed that something was wrong. The passenger, identified as Sean, said that he heard a banging noise just before the plane went down. The passengers said they escaped the burning plane through the windows. Many said they feared the plane would explode so they ran as quickly as possible.

The health minister of Thialand said that that 60 bodies were retrieved quickly, but the rest took many hours to find. Out of the passengers on the plane 78 of them were tourists.

It is known that there were number of Americans that were on the flight. Four Americans were killed and at least one American survived. She is in a Thai hospital in stable condition.

This crash is the country's deadliest aviation accident since Dec. 11, 1998.

For more information on this subject, please refer to our section on Airlines, Cruises, Buses, and Other Mass Transit Accidents.

Originally posted at InjuryBoard by Jenny Albano