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

April 2, 2020

Corporate titans faulted for playing dubious roles in opioid-overdose crisis

Walmart and Johnson and Johnson, two of America’s corporate titans, each acted in ways that helped to fuel the opioid crisis that federal experts estimate claims 128 Americans’ lives each day, news media investigations show.

Walmart ignored repeated complaints from its own pharmacists and permitted the over-subscribing of hundreds of thousands of potent prescription painkillers by sketchy doctors across the country, with the company’s refusal to deal with rising problems leading federal prosecutors to ready hefty civil and criminal cases, according to ProPublica, a Pulitzer Prize-winning investigative site.

The retailing giant, however, pulled powerful political strings, with Trump Administration officials stepping in to stymie potential lawsuits and criminal charges against Walmart — despite a previously secret settlement the company earlier had signed, pledging to step up its oversight of prescription drugs it sold, ProPublica reported. Reporters Jesse Eisinger and James Bandler wrote:

March 10, 2020

All U.S. adults are urged to get hepatitis C test, as opioid crisis-infections spike

by Patrick A. Malone

The opioid-overdose crisis has not disappeared, not by a long shot, and there’s a new warning about its toll: A blue-ribbon expert panel has urged doctors to expand testing for hepatitis C to all adults, ages 18 to 79, and no longer limiting the screening to those born between 1945 and 1965. That’s because the risky conduct that goes with abusing opioids also bumps up the risk of this potentially deadly but treatable liver infection.

Hepatitis C is growing as a significant health concern, the New York Times reported:

“Despite substantial advances in treatment over the past five years, infections are on the rise. Roughly 44,700 new hepatitis C infections were reported in the United States in 2017, according to federal data. A major challenge for health officials is that a significant number of people have the virus but do not know they are infected … Hepatitis C leads to chronic liver disease in most people who contract it, and some eventually develop cirrhosis and liver cancer. It is spread primarily through the sharing of needles among people who use illicit drugs.”

March 3, 2020

Drug maker to pay $1.6 billion to settle claims over its big role in opioids crisis

by Patrick A. Malone

The civil justice system has scored a win in curtailing what once was a major maker of much abused and lethal prescription painkillers: Mallinckrodt, a global drug making giant, has agreed to send its opioids-making generics division into bankruptcy as part of a $1.6 billion settlement to settle thousands of opioid damage claims by state and local governments.

As the New York Times reported of the hefty deal:

“The agreement was endorsed by 47 states and U.S. territories along with a committee of lawyers representing thousands of cities and counties … The money, to be paid into a cash trust over eight years, will be used to underwrite the costs of opioid addiction treatments and related efforts across the country … Under the terms of the agreement, the United States division of Mallinckrodt that produces generic opioids would file for Chapter 11 bankruptcy. After a bankruptcy judge approves the restructuring plan, an initial payment of $300 million would be disbursed to plaintiffs to alleviate the opioid crisis, with the remaining $1.3 billion to be paid out over eight years. Other divisions of the company, which has its headquarters abroad and also produces branded drugs, are not filing for bankruptcy. Mallinckrodt is the first opioid company to reach even a tentative national settlement agreement with municipal governments and most of the states.”

February 7, 2020

Deceptive software pushed MDs to prescribe opioids at overdose crisis’ peak

by Patrick A. Malone

Federal prosecutors have provided 145 million reasons why enthusiasts may want to curb their exuberance about how high tech will work miracles in the U.S. health care system.

That’s because investigators have ferreted out “abhorrent” conduct by Practice Fusion, a San Francisco firm that specialized in electronic health care records software, according to the U.S. Attorney’s Office in Vermont.

“During the height of the opioid crisis, the company took a million-dollar kickback to allow an opioid company to inject itself in the sacred doctor-patient relationship so that it could peddle even more of its highly addictive and dangerous opioids,” Christina E. Nolan, U.S. Attorney for the District of Vermont, said in a statement. Practice Fusion, she added, “illegally conspired to allow [a] drug company to have its thumb on the scale at precisely the moment a doctor was making incredibly intimate, personal, and important decisions about a patient’s medical care, including the need for pain medication and prescription amounts.”

January 30, 2020

They’re not just ‘headaches.’ Traumatic brain injuries are real. And serious.

by Patrick A. Malone

The nation’s commander-in-chief did a big disservice to recently injured service personnel and others who have suffered traumatic brain injuries by dismissing what happened as “not very serious” and just “headaches” of little consequence.

Pentagon officials sought to deflect attention from President Trump’s comments at a global economic forum in Davos, Switzerland — off-the-cuff remarks assailed by veteran groups.

Trump, asked about the rising number of service personnel who have been sent for advanced diagnosis and treatment at facilities outside the Mideast, where they were subjected to an Iranian missile attack, made this counter factual comment:

January 28, 2020

California, Big Blues, and hospitals join the attack on sky-high drug prices

by Patrick A. Malone

Big Pharma, with its relentless price gouging, may finally have poked in the eye the wrong people. But even as patients wait to see if hospitals, and now states and insurers, can beat down skyrocketing drug prices, isn’t it past time for more public shaming for doctors who persist in writing excessive, dubious, and downright risky prescriptions?

Although the Trump Administration and Republicans in Congress have failed to deliver on repeated promises to attack excessive costs for prescription drugs, the state of California and now leading insurers are following some hospitals in tackling the problem.

Calif. Gov. Gavin Newsom (shown, above right), in unveiling his state budget, told lawmakers that he wants the Golden State to consider contracting with generic drug makers to produce products that would cost less and be sold under a California label. As the Los Angeles Times described the still-to-be fleshed out gubernatorial plan:

December 26, 2019

New warnings on how Rx and illicit drugs can be deadly, especially if mixed

by Patrick A. Malone

A widely prescribed drug, formally approved only for limited uses but now dispensed for many nerve-related conditions, can put patients at serious risk of breathing problems, especially if they are aged, suffer from all too common chronic obstructive pulmonary disease, or may also be taking opioid pain killers or other medications that depress the central nervous system.

That’s a toughened new warning about gabapentin and pregabalin from the federal Food and Drug Administration, which says it will require new packaging and cautions for the drugs. They may be better known in their branded versions as Neurontin, Gralise, Horizant (gabapentin) or Lyrica and Lyrica CR (pregabalin).

The nerve meds have been subject to “growing” medical “use as well as misuse and abuse,” the FDA said in a statement, adding:

November 7, 2019

‘Any One of Us’ shows harsh realities and hope for spinal cord injury patients

by Patrick A. Malone

Extreme sports may be to blame. Or it might be a falling tree, an error with a surgery, or an auto wreck.

As the title of the tough, direct, and new HBO documentary makes clear, “Any One of Us” might suffer from a calamitous spinal cord injury (SCI). The 1-hour and 25-minute work by first-time director Fernando Villena focuses on pro mountain biker Paul Basagoitia but is carried by a “chorus” of 17 women and men who all have had significant injuries to their spinal cords.

October 24, 2019

Seniors are getting urine over-tested and joints over-injected

by Patrick A. Malone

It’s the 21^st century, and excellent information is more available than ever due to communication and technology advances. But doctors and hospitals keep harming patients by testing and treating them in ways that are unsupported by rigorous medical evidence, and by carrying out safety recommendations in extreme ways.

Just consider:

Hospitals have become so obsessive about protecting seniors from falls while under their care that they’re all but lashing them to their beds, damaging their already shaky fitness, according to Melissa Bailer, a Kaiser Health News reporter whose work appeared in the Washington Post. She quotes experts as warning of an “epidemic of immobility” for older patients.

October 20, 2019

Billions from landmark opioids case? It’d be just a start in dealing with crisis

by Patrick A. Malone

Tens of billions of dollars. Those sound like hefty sums. But will it ever be enough? Will, say, $50 billion offer justice and appropriate recompense to a nation wracked by an opioid and overdose crisis?

These figures aren’t pulled from thin air. They’re part of the reported settlement under negotiations to resolve more than 2,300 lawsuits, all bundled up now and under the sway of a federal judge in Ohio. He will launch a landmark opioids’ trial this week, starting with claims by two Ohio counties, unless Big Pharma firms remaining as defendants and the plaintiffs — including states, counties, cities, and Indian tribes — can strike a deal and settle.

The claimants, of course, themselves represent huge and diverse interests: their millions of individual constituents. And they disagree on how much money is fair, how it should be divided, and more. The drug makers and distributors, having seen some of their peers bail already for significant sums, assert they have reached their negotiating ceiling, somewhere around that magic $50 billion.