Disclosure Category Archives — Page 2 of 78 — DC Medical Malpractice & Patient Safety Blog Published by Washington, D.C. Personal Injury Lawyers

June 5, 2022

In celebrity courtroom slugfest, legal glare also falls on expert medical testimony

When two wealthy celebrities engage in no-holds barred combat in a courtroom over the most personal aspects of their private lives together, the results can be disconcerting — but also riveting — for regular folks watching the legal wrangling.

The Johnny Depp vs. Amber Heard defamation case, with its mixed verdict from jurors, not only became an obsession for many pop culture fans, it also has prompted a torrent of commentary about its First Amendment implications, jurisprudence in Britain vs. America, as well as what the brutal dispute may mean for men and women litigants.

The case also should force a serious reconsideration of the tough issue of intimate partner violence and the expertise that medical and mental health specialists can bring to bear to help outsiders understand this largely hidden problem, two forensic psychiatrists, Renée Sorrentino and Susan Hatters Friedman, argue.

June 3, 2022

Baby formula mess shows big profits, a filthy plant, and bungled oversight

by Patrick A. Malone

The giant drug maker Abbott and the federal Food and Drug Administration both should hang their heads in shame as more information becomes public as to how they left millions of vulnerable infants hungry and put kids’ health at risk by wrongs involving the manufacture and distribution of a vital foodstuff — baby formula.

Millions of parents have gone into meltdown because of a nationwide shortage of the needed nutrient. It was sparked by the shutdown of Abbott’s formula-producing plant in Michigan, as well as the company’s product recall after babies got sick and died from infections involving Cronobacter sakazakii bacteria.

While Abbott has emphasized that experts have not conclusively linked the bacteria to its formula and the firm has played up its cooperation in a product recall, Robert Califf, the FDA’s chief and a doctor, ripped the company. He told a U.S. House subcommittee that agency inspectors found “egregiously unsanitary” conditions at the drug maker’s plant, the New York Times reported, quoting him, thusly:

May 25, 2022

Social media blamed for fueling opioid crisis for the young

by Patrick A. Malone

The social media sites that young folks so adore also have turned into virtual illicit drug bazaars, helping to explain the exploding problems with the powerful synthetic painkiller fentanyl and why opioids and overdoses of them have become a leading killer of Americans ages 18 to 45.

During the coronavirus pandemic, especially, and continuing onward, Snapchat, TikTok, and other social media apps, including those that allow users to swap encrypted or disappearing messages, have helped to fuel a burgeoning market in Percocet, Xanax, and other prescription pills, the New York Times has reported. Authorities have warned that those drugs by themselves would be hugely problematic but criminal dealers also have taken to tainting their wares with fentanyl — an easily manufactured opioid that requires only minute doses to provide a big kick, fast addiction, and too easy death. As the newspaper reported:

“Overdoses are now the leading cause of preventable death among people ages 18 to 45, ahead of suicide, traffic accidents, and gun violence, according to federal data. Although experimental drug use by teenagers in the United States has been dropping since 2010, their deaths from fentanyl have skyrocketed, to 884 in 2021, from 253 in 2019, according to a recent study in the journal JAMA. Rates of illicit prescription pill use are now highest among people ages 18 to 25, according to federal data.

May 20, 2022

Who trusts profit-grabbing companies to prevent perilous supply snafus?

by Patrick A. Malone

Americans keep suffering the dire consequences of corporations’ relentless pursuit of profits, their stifling of beneficial competition, and their failure to secure the production of their products. These now include desperately needed, specialized baby formula and contrast dyes used in diagnostic imaging studies for seriously ill and injured patients.

A special place in perdition needs to be reserved for those who have put infants at risk of hunger and illness by allowing the feeding crisis to explode and for boobs who are rushing in with finger-snapping, fact-light, and unworkable actions for parents to respond.

Let’s be clear that the formula mess, bad for all families across the country, hits hardest at the working poor and the poor. As the New York Times reported:

April 27, 2022

Cautions issued over prenatal genetic tests in IVF and for rare diseases

by Patrick A. Malone

Expectant parents, doctors, and regulators need to reconsider the rising use of gee-whiz genetic testing as doubts emerge about popular blood screenings to detect rare prenatal disorders and a costly test relied on by couples undergoing in-vitro fertilization (IVF) treatment.

This is what the New York Times reported about what researchers have found about preimplantation genetic testing for aneuploidy, or PGT-A. It is an increasingly common screening in IVF and has led potential parents to discard embryos as unfeasible or unacceptable due to abnormalities to carry to term:

“PGT-A … has, over the last two decades, become a standard add-on to already pricey IVF procedures. But the test, which can cost anywhere from $4,000 to $10,000, has become controversial over the years as studies have cast doubt on whether it increases birthrates from IVF at all. A growing number of scientists have questioned the widespread use of the test, which leads to tens of thousands of discarded embryos per year and causes many women to believe they may not be able to carry biological children. A new study published last week details 50 patients who underwent transfers of abnormal embryos at the Center for Human Reproduction in New York City … The study reported eight births after 57 transfer cycles of embryos with abnormal genetic testing results since 2015. Seven of the babies were born healthy. The average age of the women in the study was 41 years old.

April 26, 2022

Specialized cancer hospitals hike drug costs by up to 630%, study finds

by Patrick A. Malone

While patients often seek treatment at big, fancy hospitals, in part because they are designated as National Cancer Institute centers, these institutions provide a sticker-shock surprise for those receiving their specialized care: They jack up the already sky-high cost of prescription cancer drugs with markups going up from 120% to 630% above what they pay for the medications.

Those are the findings of researchers at the Harvard and Yale medical schools and elsewhere as reported in the Journal of the American Medical Association’s Internal Medicine publication. As they noted with expert restraint:

“The findings of this study suggest that, to reduce the financial burden of cancer treatment for patients, institution of public policies to discourage or prevent excessive hospital price markups on … chemotherapeutics may be beneficial.”

April 20, 2022

Opioid crisis takes a new scary turn: Mass casualties at once

by Patrick A. Malone

The opioid abuse and drug overdose crisis has veered into a frightening new phase in which the rise of the easy-to-make, exceedingly powerful synthetic painkiller fentanyl is causing multiple, interconnected deaths at one time.

The nation’s capital already has experienced this grim situation, which only shows signs of worsening, the Washington Post reported on April 12:

“Ten people in two neighborhoods in Northeast Washington have now died from a lethal batch of fentanyl, police said .. the second mass-casualty incident involving the deadly opioid in the District this year. Police said at least 17 people overdosed on cocaine laced with fentanyl in Trinidad and Ivy City from [April 9-11] and seven of them survived. In January, nine people died after taking a similar concoction in a neighborhood near Nationals Park. Authorities arrested two people in that case and said they do not believe the most recent incidents are connected to the earlier overdoses.”

April 12, 2022

Medicare angers patient groups with limits on Alzheimer’s drug coverage

by Patrick A. Malone

Although Medicare officials have slammed the door for now on paying for widespread use of a drug targeted for Alzheimer’s treatment, patient advocacy groups have thrown themselves into the battle over Aduhelm and whether taxpayers should pay its hefty price.

Aduhelm is the risky, costly prescription medication with sparse evidence of its purported benefits for those in early stages of cognitive decline.

The giant federal health insurer for seniors will cover Aduhelm only for patients participating in clinical trials that may yield more persuasive evidence about the drug’s safety and effectiveness, Medicare officials have decided. In doing so, they withstood a furious lobbying campaign from the nonprofits Alzheimer’s Association, a leading patient advocacy group reporting more than $400 million in 2021 revenue, and UsAgainstAlzheimer’s, which reported $9 million in 2020 revenue.

April 6, 2022

Big Pharma donates big to GOP lawmakers as drug costs keep rising

by Patrick A. Malone

While regular folks howl about the need to slash skyrocketing prescription drug costs, Big Pharma is showering lawmakers on Capitol Hill with campaign contributions and favoring Republicans in the House and Senate who show political promise — and an aversion to efforts to ensure the affordability of medications for the sick.

The crushing costs of drugs has returned to the policy-making spotlight as Democrats in the House, with a few defecting Republicans, have approved a bill to limit the soaring price of insulin to $35 a month for most Americans who have insurance and whose health and lives depend on the increasingly unaffordable medication. As the New York Times reported:

“To become law, the bill will need to attract at least 10 Republican votes in the Senate to overcome a filibuster. Some lawmakers involved in the effort have expressed optimism that such a coalition might be possible, but few Republican senators have publicly endorsed the bill yet. Senator Susan Collins, Republican of Maine, has been working with Senator Jeanne Shaheen, Democrat of New Hampshire, on a broader bill related to insulin prices. The bill would have substantial benefits for many of the nearly 30 million Americans who live with diabetes. Insulin, a lifesaving drug that is typically taken daily, has grown increasingly expensive in recent years, and many diabetes patients ration their medicines or discontinue them because of the cost. About one in five Americans who take insulin would save money under the proposal, according to a recent analysis from the Kaiser Family Foundation.

April 5, 2022

Hedge funds under fire as doctor wins $26 million case on short-staffing

by Patrick A. Malone

Medical leaders and politicians carp endlessly about medical malpractice suits, but when an emergency medical specialist diagnosed staffing shortfalls that threatened patient safety, guess what legal mechanism became crucial to his corrective crusade? Why, yes, of course, it was a lawsuit. A big one over wrongful termination.

Let’s not over-focus on the irony of a legal process that has won the doctor at long last a $26-million judgment, and, instead, pay keen attention to the blaring alarm raised by Dr. Raymond Brovont, an emergency medical specialist in Missouri (shown, right). In brief, he was fired after objecting to persistent understaffing in a hospital’s emergency department as part of the policies of a private contracting firm. As NBC News reported of this increasingly pernicious health care problem:

“What happened to … a former Army doctor named Ray Brovont … isn’t an anomaly, some physicians say. It is a growing problem as more emergency departments are staffed by for-profit companies. A laser focus on profits in health care can imperil patients, they say, but when some doctors have questioned the practices, they have been let go. Physicians who remain employed see that speaking out can put their careers on the line.