DC Medical Malpractice & Patient Safety Blog — Published by Washington, D.C. Personal Injury Lawyers

July 6, 2020

With half of a terrible ’20 now done, can federal torpor on pandemic change?

The nation shudders into the second half of 2020, months deep into an unchecked Covid-19 pandemic that has infected 2.8 million Americans and killed roughly 130,000 of us.

America has become the coronavirus’s outbreak epicenter, its would-be travelers shunned by leading nations around the world as too risky to allow without quarantines or outright bans.

Five states set new infection records, and 40 of the 50 states report worrisome spikes in detected coronavirus cases (see New York Times graphic, above, of newly reported U.S. Covid-19 cases).

July 3, 2020

Nursing homes ‘dumping’ residents and defying ordered safeguards

by Patrick A. Malone

Owners and operators of nursing homes and other long-term care facilities have mounted a “nimfy” (Not My Fault) defense for the tens of thousands of deaths and infections of their residents during the Covid-19 pandemic. They claim they did the best they could under tough circumstances. And now they want not only special legal protections from those who suffered harms but also taxpayer bailouts.

But the industry’s disingenuous bleating has a big problem: It gets undercut by the second by infuriating actions — including by profit-mongering facilities “dumping” thousands of aged, sick, and injured residents on the streets or into flophouses, and by homes that still fail — despite warnings and penalties — to take basic steps to safeguard the vulnerable.

The New York Times — conducting the kind of sleuthing that real federal watchdogs could be taking on — reached out to “more than 80 state-funded nursing-home ombudsmen in 46 states” to detail “involuntary discharges.” As the newspaper explained of these inappropriate evictions by care giving centers, which may number more than 6,400 nationally:

July 2, 2020

As J&J ‘trims’ talc loss to $2.1 billion, Bayer sees $10-billion-plus Roundup fix

by Patrick A. Malone

Leave it to corporations, even with the pressure of the civil justice system, to figure billions of ways to never say they are sorry — and to leave consumers hanging about problematic products and practices.

Johnson and Johnson just won a pyrrhic victory, prevailing in an appeals court, so a Missouri record $4.69 billion loss now has become $2.1 billion.

That is the sum the court said the company owed women who developed female reproductive cancers after long use of the company’s famed baby powder. J&J insists its product is safe. But the appeals judges, while reducing the award against the conglomerate, also affirmed that J&J knew its talc was tainted with cancer-causing asbestos.

June 30, 2020

GOP keeps insisting on a health care showdown. Voters may give it to them.

by Patrick A. Malone

In the middle of a pandemic with a novel virus that has infected at least 2.5 million Americans and killed roughly 127,000, and with 20 million people jobless, what is a prime Republican response? They are advancing yet again a court case to strip tens of millions of poor, working poor, and middle-class Americans of health insurance.

By the way, when doing so — by seeking a total repeal of the Affordable Care Act — the Trump Administration and a collection of states led by Republican attorneys general also would put at huge risk key health insurance safeguards that Americans embrace, including:

They no longer would be guaranteed the protection of insurers denying them coverage based on pre-existing conditions.

June 28, 2020

Some thoughts about Independence Day in the thrall of a pandemic

by Patrick A. Malone

The United States heads into a long weekend celebrating 244 years of its independence in the deepening thrall of a microscopic killer. And political partisans, with their failure to deal with the Covid-19 pandemic, will push further still in the days ahead to divide what has been a remarkable, diverse union of states. Unlike virtually every other advanced country on earth, the pandemic in the United States has become politicized and partisan, to the detriment of our nation.

The novel coronavirus has infected more than 2.5 million in this country, killing at least 127,000 — more individuals than the U.S. casualties in World War I or the combined deaths the nation tallied in prolonged campaigns, combined, in Vietnam, Korea, and Iraq. The disease also may be far more widespread than believed — an even more worrisome possibility, health officials warn.

Despite the unfounded and magical assertions by President Trump, the summer has offered no letup to the predicted sickness and dying.

June 26, 2020

They’re called ‘nursing’ homes. But what medical care can they really offer?

by Patrick A. Malone

What’s in a name? The Covid-19 pandemic should force a major change in the big misnomer of long-term care institutions: Let’s stop labeling them with the term nursing — as if they provide significant medical services to the elderly, sick, and injured.

Instead, the coronavirus may lead the public to bust the myth put forward by owners and operators of nursing homes, skilled nursing facilities, assisted living centers, and other similar centers about how they treat some of the nation’s most vulnerable people, especially based on growing evidence amassing in news reports.

The care facilities knew they were not hospitals, with extensive equipment and highly trained doctors and nurses. The facilities found they often were sorely lacking gear — especially personal protective equipment. They too many times did not have the staff with the skills or training to treat already fragile residents infected with the novel coronavirus or recuperating from significant bouts with a debilitating illness. They did not have the Covid-19 tests they needed. They struggled to isolate the infected.

June 24, 2020

New twists with job-related health coverage for unemployed and vulnerable

by Patrick A. Malone

Wall Street investors may be seeing their portfolios flush again. But the Covid-19 pandemic has left tens of millions of Americans jobless. And if the once-flourishing health care business has not snapped back into rosy condition as it so often has in difficult times, the battle of the last decade over health insurance will haunt patients and employers throughout the coronavirus infection.

The New York Times reported that record-setting, sudden unemployment has exposed the perils to workers of their reliance on health insurance they get via their jobs:

“While hospitals and doctors across the country say many patients are still shunning their services out of fear of contagion — especially with new [Covid-19] cases spiking — Americans who lost their jobs or have a significant drop in income during the pandemic are now citing costs as the overriding reason they do not seek the health care they need. ‘We are seeing the financial pressure hit,’ said Dr. Bijoy Telivala, a cancer specialist in Jacksonville, Fla. ‘This is a real worry,’ he added, explaining that people are weighing putting food on the table against their need for care. ‘You don’t want a 5-year-old going hungry.

June 23, 2020

Concern rises over bias in race-based algorithms for medical decision-making

by Patrick A. Malone

High-tech wizards may be pushing medicine into a brave new world where important medical decisions rely on supposedly data-driven findings that also may be rooted in an old malignancy: discrimination against black patients.

A new study published in the New England Journal of Medicine warns that race-based tools and formulas, algorithms aimed to assist doctors in speeding up their diagnosis and treatment in such areas as heart disease, cancer, and kidney and maternity care, improperly steer blacks away from therapies commonly given to whites without sound reasons, the New York Times reported:

“The tools are often digital calculators on web sites of medical organizations or — in the case of assessing kidney function — actually built into the tools commercial labs use to calculate normal values of blood tests. They assess risk and potential outcomes based on formulas derived from population studies and modeling that looked for variables associated with different outcomes. ‘These tests are woven into the fabric of medicine,’ said Dr. David Jones, the paper’s senior author, a Harvard historian who also teaches ethics to medical students. ‘Despite mounting evidence that race is not a reliable proxy for genetic difference, the belief that it is has become embedded, sometimes insidiously, within medical practice,’ he wrote.”

June 21, 2020

Details build on authorities’ brutal use of ‘less lethal’ projectiles and tear gas

by Patrick A. Malone

Just as law enforcement authorities find themselves under fire for instances of racist, excessive uses of force, police agencies across the country seem hell-bent on giving critics more and more evidence for their argument that major policing reforms are needed.

The independent, nonpartisan Kaiser Health News Service and USA Today deserve credit for scrutinizing dozens of incidents involving officials’ actions nationwide against people protesting the Minneapolis police killing of George Floyd. As the news organizations reported (and in passages worth quoting at length):

“In a joint investigation into law enforcement actions at protests across the country after George Floyd’s death in police custody, KHN and USA TODAY found that some officers appear to have violated their department’s own rules when they fired ‘less lethal’ projectiles at protesters who were for the most part peacefully assembled. Critics have assailed those tactics as civil rights and First Amendment violations, and three federal judges have ordered temporary restrictions on their use.

June 19, 2020

Potomac River tragedies offer warning about summer water safety hazards

by Patrick A. Malone

At least three recent deaths in the DC area offer a grim reminder about the summer’s heat and the risks of drowning. With the Covid-19 pandemic changing the easy and relaxed availability of public and supervised pools and other cool water recreation spots, will this be a harbinger of needless tragedies?

Here’s hoping not.

But authorities have issued stern warnings already about swimming in the Potomac River, where they caution that the currents run stronger and the waters can be chillier than casual enthusiasts may expect. It is illegal to swim in the Anacostia and Potomac, primarily due to pollution concerns. As the DCist news site reported, though: