DC Medical Malpractice & Patient Safety Blog

December 13, 2022

As U.S. battles latest viral surge, GOP targets military vaccine mandate

The nation’s military defense understandably takes a leading priority in public spending. But congressional Republicans have managed to put plenty of unpalatable elements into a Brobdingnagian appropriations bill that affirms an extreme view, undercutting the value of service personnel protecting themselves from deadly infections.

Over the objections of Pentagon brass and the White House, GOP members threatened to torpedo an $858 billion military spending bill unless the nation rolled back a requirement for U.S. troops to receive the coronavirus vaccine to serve.

The New York Times quoted Kevin McCarthy, the aspiring next House speaker and a California Republican (shown above), as saying this about GOP efforts to eliminate the vaccine mandate:

December 11, 2022

Big investors aid struggling vaping pioneer in $1.7 billion settlement

by Patrick A. Malone

While regular folks will count their pennies and fret about affording gifts for loved ones during an inflation-plagued holiday season, plutocrats have given the hoi polloi a rare glimpse of the major loot they see in the business of peddling health-wrecking e-cigarettes and vaping.

The concerning disclosures are emerging as part of the financial struggles for the industry pioneer Juul to stave off fierce federal regulation, angry customers, and plummeting business to survive.

In its latest step, Juul — the high-tech company that helped to create the e-cigarette and vaping fad and then saw its fortunes plunge with increasingly stern federal oversight of its products —has settled more than 5,000 lawsuits with 10,000-plus individual plaintiffs.

December 9, 2022

While surgeons operate often on the elderly, studies are just starting to detail the risks

by Patrick A. Malone

Seniors and their loved ones should take note of new and increasing data that researchers are developing about the risks undertaken by elderly patients who choose to undergo significant surgeries — procedures that make up a little less than half of costly operations performed in this country.

The numbers about invasive medical work can be mind-changing, especially for those with age-associated conditions, the independent, nonpartisan Kaiser Health News Service reported. As KHN’s “navigating aging” columnist Judith Graham wrote:

“Nearly 1 in 7 older adults die within a year of undergoing major surgery, according to an important new study that sheds much-needed light on the risks seniors face when having invasive procedures. Especially vulnerable are older patients with probable dementia (33% die within a year) and frailty (28%), as well as those having emergency surgeries (22%). Advanced age also amplifies risk: Patients who were 90 or older were six times as likely to die than those ages 65 to 69. The study in JAMA Surgery, published by researchers at Yale School of Medicine, addresses a notable gap in research: Though patients 65 and older undergo nearly 40% of all surgeries in the U.S., detailed national data about the outcomes of these procedures has been largely missing.”

December 7, 2022

In nursing homes and hospices, too little oversight, too much profiteering

by Patrick A. Malone

What happens when the highly vulnerable — older, sick, injured, and debilitated people — get left in the hands of profit-obsessed private enterprises operating under woefully lax regulatory oversight? Big messes abound, as news organizations have reported after taking deep dives into the workings of the “hustle” of for-profit hospice programs, or the chronic staffing shortages that prevail at far too many private nursing homes.

Sure, this is a hectic time of the year, and it can be a challenge to carve out the time to pore over the painstaking reporting of fine journalists who race to make public their major investigations before the year’s end (including to qualify for major professional prizes).

Still, for anyone concerned about destructive failures in the U.S. health care system, how they blow up over time, and how they get ignored until they become crises, the reports by ProPublica, the New Yorker, and USA Today are important reading.

December 6, 2022

Botched. Belabored. Enough already. Fix the FDA and Philips recall

by Patrick A. Malone

While critics long have ripped the Food and Drug Administration for its weak oversight of medical devices and its too cozy relationships with their makers, the federal agency and a Dutch global conglomerate have given millions of U.S. consumers a big, infuriating, prolonged exposure to just how bungled the oversight of this industry can be.

As 2022 races to its close, the Wall Street Journal has reported on this costly, inconvenient, and unacceptable mess, as has the New York Times. And now, so has Stat, the science and medical news site, which wrote this about the “flaws in device oversight” as so many regular folks have experienced with the FDA, manufacturer Philips, and CPAP (continuous positive airway pressure) and BPAP or BiPAP (bilevel positive airway pressure) devices:

“The ongoing recall of millions of breathing devices made by Philips has been botched and belabored at nearly every turn: It took more than a decade after users first reported the soundproofing foam in their CPAP and BPAP machines breaking down for Philips to issue a recall. Even after the recall notice was issued, it failed to reach many patients, and many are still waiting on their promised replacement devices or refunds, some of which had to be recalled themselves. More than a year after the recall, the FDA has received more than 90,000 reports about problems with the devices, including 260 … deaths reportedly associated with the products. The [FDA] has pulled out all the stops — including regulatory orders not deployed in decades — to force Philips to contact users about the recall and replace the devices in a timely manner.

December 4, 2022

Pandemic and respiratory ills are taking a broad and terrible toll

by Patrick A. Malone

The coronavirus pandemic may not hold the iron grip it once held on newspaper front pages and lead stories on broadcast and online news outlets.

The infection, however, keeps inflicting major harms — taking a disproportionate and lethal toll now on older Americans, wreaking sustained havoc on the credibility of public health information and medical expertise, and debilitating as many as 15 million people with the perplexing problems of long Covid.

Hospitals across the country are warning the public that they are teetering on the brink of getting overwhelmed yet again as they battle a “tripledemic” — an unusually early wave of RSV cases, an early and virulent seasonal flu, and a rising and still challenging number of coronavirus illnesses.

December 2, 2022

Keep this holiday season merry, bright — and as safe as possible

by Patrick A. Malone

For consumers who were too stuffed from their Thanksgiving feasting or too weary of stressful bargain hunting to jam the malls or to flock to the internet for Black Friday deals, the words to the wise have started flowing on how the savvy will ensure their holiday gifts also keep loved ones safe from unintended harms.

Kids toys, of course, are always cause for caution at this time of year, federal regulators say. But grownups also can glean safety reminders from disconcerting reports about an increasingly popular and practical potential seasonal acquisition — the so-called “e-bikes.”

With toys, the federal Consumer Product Safety Commission has issued a timely and distressing study. The federal watchdog agency reported that in 2021:

November 30, 2022

As STD epidemic rages, the sexually active scorn a familiar protection

by Patrick A. Malone

In some not-so-great news for the nation’s sexual well-being, the rubber has hit the road for too many guys.

The familiar and oft-ridiculed prophylactic could play a significant role in battling an epidemic of sexually transmitted diseases (STDs) that has engulfed the nation, the Washington Post reported. But condom use has declined significantly, for example, as a leading means for family planning, falling in opinion surveys from 75% in 2011 to 42% among men polled.

Public health experts confront multiple challenges in trying to slash the soaring tide of chlamydia, gonorrhea, and syphilis, partly because medical advances with HIV-AIDS mistakenly have the sexually active, especially young men, believing that they can forgo condoms and be safe, the newspaper reported:

November 29, 2022

Cautions increase on link between problem pregnancies and heart disease

by Patrick A. Malone

As cardiologists and other medical specialists grow increasingly aware of big differences in the heart and circulatory health of men and women, researchers also are prodding doctors who take medical histories of female patients to be sure to ask simple but important questions about their experiences with problem pregnancies.

That’s because vital preventive information can be surfaced, if clinicians learn, for example, that their patients had preeclampsia, “a complication that occurs in about 5% of pregnancies and in which dangerously high blood pressure can lead to seizures, organ failure, and death,” according to Stat, a science and medical news site. As Stat reported:

“Women who have preeclampsia have more than twice the chance of developing cardiovascular disease later in life compared to women who had pregnancies without it …Today, a growing subset of care providers is advocating for closer follow-up of the millions of people who have had preeclampsia and other complications during pregnancy that signal an increased risk for cardiovascular disease. Given that about one in three women in the U.S. have cardiovascular disease, better screening of people with pregnancy complications could help protect them before they develop the disease in the first place.

November 27, 2022

College sports organization prevails in an early, difficult case on head injuries

by Patrick A. Malone

Armchair quarterbacks of the legal kind have raced onto the field, arguing that a Los Angeles jury verdict will help shield the National Collegiate Athletic Association from a potential avalanche of claims asserting the group did too little to protect young players from debilitation and death due to head trauma.

Maybe, maybe not.

Jurors rejected the case seeking $55 million from the NCAA, accusing the body that oversees collegiate athletics of failing to safeguard Matthew Gee, a University of Southern California linebacker on the 1990 Rose Bowl-winning squad.