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Staten Island Nursing Home Served With A 10 Million Dollar Malpractice Lawsuit

Carmel Richmond Healthcare and Rehab nursing home located in Staten Island, New York, is charged with a 10 million dollar Malpractice Lawsuit suit. The legal proceedings were instituted by the distraught husband of a women whose tragic death took place due to the lack of proper medical care that was not provided because of the medical malpractice that took place as a result of a forged DNR authorization.

In many states, falsifying documents is a crime. In the case of medical malpractice, it is not only illegal, it is unethical to condemn a person to an early death by withholding medical treatments, tests, medicine, food and water.

If we examine the malpractice cases, it’s uncalled for to that the number of legal cases continues to rise. To cite an example, last year a woman suffering from Parkinsons and diabetes was admitted to hospice in Sun City, AZ. She was surrounded by her loving husband, her priest, and her daughter from New York.

Much to her dismay, the daughter discovered that her mother had dry skin on her heels that had started to bleed. Additionally, the top of her mother’s ears were encrusted with blood. None of the nurses paid any attention until the daughter reported the conditions.

The daughter’s father told her that his wife’s physician wanted his permission to disconnect the saline tubes that were her only source of water. The father refused to grant permission given the verbal agreement he had with his wife. He did however ask his daughter to speak with the doctor. By the time the daughter had finished speaking with the arrogant doctor, she had fired him. At that point, the head physician took over.to make sure that the mother was receiving proper food, care and treatment.

Within two weeks, the mother quietly passed away surrounded by her family. The daughter wanted to sue for the poor treatment her mother received from her physician. The father, who was a very strong man, did not want to cope with the stress of legal proceedings.

Anyone who finds themselves in this type of situation should consider speaking with legal counsel to determine where or not there are grounds for a lawsuit.

 

The Dangers of Fentanyl in Clinical Use

Fentanyl is a dangerous opioid that is much more powerful than morphine. The National Institute of Drug Abuse reports that Fentanyl is 50 to 100 times more potent than morphine.

Fentanyl is normally used in a healthcare setting for severe pain. When opioids are used, the dosage needs to be carefully administered and the patient needs to be closely monitored for ill effects. Since opioids are so powerful, overdoses are common. The Center for Disease Control reports that over 64,000 Americans die of overdoses each year. More than half of these deaths are caused by opioids.

Most people think these overdose deaths only occur from the misuse of opioids as street drugs. Yes, it is true that many deaths come from this type of misuse; however, there are also deaths caused by serious mistakes made by healthcare practitioners.

Consider the case of 83-year-old Nelson Tyler. After recently coming home from the hospital, he developed abdominal pain. He called 911. He was taken by ambulance to the emergency room at Cox Medical Center South in Springfield, Missouri. This happened on February 4, 2016.

While being treated in the emergency room, the nurse gave Tyler two doses of 25 micrograms each of Fentanyl. Subsequently, Tyler was given a third dosage of 100 micrograms of Fentanyl by the nurse who then left the patient alone in the room. When the nurse returned, about ten minutes later, Tyler was in cardiac arrest from the drug overdose. He was unresponsive and remained that way until he died three days later.

The family sued the hospital also naming the doctor and the nurse. The lawsuit alleges that Tyler was given too much Fentanyl and was then left unsupervised, which ultimately resulted in his untimely death.

Tyler is survived by his daughter, Allison Buehler. She describes her father as a kind, intelligent man who was a veteran of the Korean War. The family’s motivation for the lawsuit is to prevent this type of medical malpractice, which caused Tyler’s death, from happening to another family.

Summary

The lesson learned from this sad story is that Fentanyl is an extremely dangerous drug. In a hospital setting, it needs to be carefully administered and then the patient needs to be closely monitored for life-threatening ill effects.

Denmark Drinking Water Woes Not Over – Chemicals in Water Draw Second Lawsuit

It isn’t enough that Denmark, South Carolina residents are forced to drink substandard water due to unapproved chemicals in their drinking water. They are also billed at excessive rates with some citizens paying more for their water bills than their mortgages. To add insult to injury, the town will only accept cash payments for the water.

Herrell Law Firm is handling the suit filed on behalf of Denmark two citizens concerned about the quality of their drinking water. The suit alleges that the town of Denmark has injected HaloSan, a chemical rarely used in drinking water, for more than ten years without the knowledge of most area residents.

Since HaloSan has never been approved by the EPA there are important questions that remain to be answered concerning the health of local residents. So much so, that Clemson University regulators ordered Denmark to discontinue its use of the chemical in the summer of 2018.

The suit also alleges that the community’s water supply is contaminated with copper and lead and that Denmark is “unlawfully collecting excessive amounts for poisonous water that is often never used.”

However, town and state officials have test results showing the city’s water to be compliant with safe lead and copper limits for drinking water. The city goes on to state that while the EPA did not approve HaloSan for drinking water, it has been deemed safe by a national certifying agency.

In a community meeting, drawing approximately 75 attendees, taking place on Voorhees College campus, attorneys from the Harrell firm, handling the second lawsuit against Denmark and the Sellers-Wilson Group (the firm who filed a lawsuit against Denmark one week prior) laid out their cases against the city and encouraged concerned citizens to join in with legal actions of their own.

In fact, the two firms are seeking class action status which would allow them to seek reimbursements of the fees area residents paid for water that was not suitable.

Sellers, who filed the initial claim, went on to say that the South Carolina Department of Health and Environmental Control should be liable in this instance because they told the city it was acceptable to use HaloSan in the water.

His words to the audience in attendance were simple, informing the audience that he believes they are entitled to have the funds they’ve paid the city of Denmark for water over the past ten years returned to them.

 

NHL Concussion Settlement Suit

For a safe game, an all-around perspective about the safety and welfare of the players must be considered. In particular, brain-related issues and a possible lawsuit by players must be considered. Recently, NHL decided to settle for a $ 19 million settlement with retired players who sued the league alleging that they and the medical personnel failed to inform them of the imminent danger they faced while playing.

The agreement brought to conclusion the four-year-long hearing. According to documents the league released, it will pay more than 100 players included in the lawsuit a maximum of $18.9 million to the retired player who must be subjected to medical care and monitoring such as neurological testing. However, according to NHL commissioner Bettman, there is no association of concussion and chronic traumatic encephalopathy (CTE), a brain disease a number of hockey players had been diagnosed with.

As a proactive measure, the league has implemented a concussion protocol since the 2016-17 season and updated it last season. The league negotiated with the NHL Players Association new rules which state harsher penalties for head hits and for players who exhibit potential concussion, forced removal will be the cause of action. Moreover, previous assessment on the brain of a former hockey player showed a relationship between concussion and CTE.

The way NHL settled its case sprung comparison to NFL’s concussion settlement. As a way to protect its reputation, NFL decided to settle with its retired player before initiation of a legal proceeding and the association of the sport and brain trauma. NFL ended up paying approximately $1 billion. Moreover, Zimmerman states that hockey and football are two different fields.

Though the lawsuit had an inclined advantage to NHL, the NHL resolution for this settlement will benefit both their client and all retired players. Also, it will act as a reference and deter future litigation. Moving forward the league seeks for a safer game and significant care of everyone’s welfare.

Kilgore, A. (November 12, 2018). NHL reaches a settlement with former players in concussion suit.

Fifth Lawsuit Filed Against Kansas Doctor, Opioid Maker

Reports have indicated that a fifth lawsuit has been filed in Kansas against a doctor and an opioid maker involved in a prescription kickback plot. The maker of the drug is said to have been bribing doctors to recommend its strong fentanyl spray.

The suit that was filed in a Johnson County court last week, is comparable to three others brought in Johnson County and the fourth one in Leavenworth County against Insys Therapeutics and former Mid-America Physiatrist Steven Simon. It was established that one of the patients, Timothy Farquhar presented the lawsuit last week to Johnson County against his former doctor Steven Simon, and Insys Therapeutics.

Farquhar claims that he saw Simon from 2001 to 2017 and allegedly prescribed him exorbitantly large doses of opioids which includes the fentanyl spray Subsys, for pain associated with a spinal injury and cyanide poisoning. The victim further indicated that he wasn’t notified of the dangers of addiction and became dependent.

The federal government has claimed that Insys illegally used its physician speaker program to fund kickbacks, based on how much Subsys they prescribed.

“Plaintiff became dependent upon and addicted to opioid pain medications, including Subsys, which were repeatedly prescribed to him without proper medical care, treatment or justification,” the suit alleges.

Simon’s attorney, however, didn’t respond to a request for an explanation in regards to this tale on Monday. However, he and Simon have both in the past said the doctor’s prescriptions were based entirely on clinical judgment rather than payments from drug producers.

 

 

It was further reported last year that Simon was the top paid Subsys speaker in Kansas and among the top 10 nationally, raking in more than $200,000 between 2013 to 2015. Less than a month later the FBI served a search warrant at Simon’s clinic. Simon’s former ally indicated that federal agents seized patient records for individuals whom Simon prescribed oral fentanyl. Simon has however not been charged with any crimes

Federal prosecutors have imposed criminal charges against half-dozen Insys executives and the billionaire founder of the company John Kapoor. They’ve all pleaded not guilty with their trial in Boston scheduled for January.

Widow Of Metra Worker Killed In Deadly Explosion Files Lawsuit

The widow of a Metra track inspector who was killed in an explosion in Chicago on 3rd November has filed a wrongful death lawsuit against the commuter rail agency.

On Thursday, Sandy Zavala from Joliet filed the suit in Cook County saying Metro failed to give her husband Omar Solis, 37, with a logically safe working environment. The lawsuit also contents Metra contravened engineering regulations in regards to the use of flammable gas tanks and failed to accord adequate labor to perform the assigned tasks, amid other allegations.

Zavala also filed an urgency motion to probe and shield evidence that includes welding equipment, trucks, and railroad tracks.

At the day of the accident, a metra official revealed that Solis and another man were using flashlights when making repairs to raised tracks when the sudden explosion occurred.

The blast happened in the Old Irving Park neighborhood, near the Grayland station, and neighboring residents reported the large blast shook their homes. According to the Cook County medical examiner’s office, Solis, a father of two boys, succumbed to injuries at Advocate Illinois Masonic Medical Center about 30 minutes after the blast. The other man whose name has not been released who was working at the scene was taken to Advocate Illinois Masonic Medical Center in critical condition, as reported by Chicago Fire Department spokesman at the time of the incident.

“He knew he was prone to risk, but he always was ‘safety first, safety first,’” Zavala, 37, indicated. She met her late husband when they were both 14. “He loved his work and liked learning new things.”

Relatives said Solis came from a railroad family. He started working at Metra at only 20 years and had a spanning 17-year career with the agency. His brother also works for Metra together with 11 other relatives.

More than 300 people including many members of his Metra work community, came to bid farewell to Solis at his burial in Joliet on Thursday.

Described by his family as a hard worker and a family man with an “infectious smile,” Solis enjoyed taking his sons Omar, 19, and Brian, 16, on excursions to the batting cages. At times, he would overcook dinner on the grill then order pizza instead, a thing his family liked to tease him about. Brian Solis had a birthday since his dad passed on, and begun the day with a visit to his gravesite.

“People who ride Metra don’t know how much effort and work goes into keeping the tracks and the rail in a safe environment for 70 mph trains,” stated one of the attorneys for Solis’ family, George Burgess.

“Railroad workers aren’t liable to state workers’ reimbursement laws,” Burgess explained.

Zavala revealed that she opted to file the suit against the agency as she wants answers on what exactly happened to her husband.

Solis’ father-in-law, Manuel Zavala Sr., 69, revealed that he worked for Metra for close to 43 years, sometimes alongside Solis. Zavala also said one of his uncles’ was also killed in his line of duty on tracks a few decades ago.

A Metra spokesperson was however not immediately accessible to give an opinion regarding the lawsuit.

 

Check you Water Heater for Important Safety Issue

If you bought a water heater in the last few years, you may have some homework to do. About 616,000 Ultra-Low NOx water heaters produced between April 2011 and August 2016 have been recalled due to a potential fire hazard, and need to be evaluated and repaired as soon as possible. These water heaters are either 30, 40, or 50 gallons and use either propane or natural gas.

The majority of these appliances were sold in California, but it’s a good idea to check your water heater no matter where you live. The recalled appliances were sold under a number of different brand names (American, A. O. Smith, Kenmore, Reliance, State, U.S. Craftmaster and Whirlpool) and by a variety of vendors including independent contractors, plumbers, and home improvement stores. They originally cost between $500 and $1,000.

These water heaters pose a potential danger when the gas burner tears and causes the appliance to produce excess radiant heat. When that heat comes in contact with a wood floor or any other combustible material, it could cause a fire. So far there have been six fires, all when the water heater was installed on a floor made of combustible material. Luckily no one has been injured yet.

If you think your water heater may be included in the recall, the first step is to check the serial number. You can find it on the data plate next to the gas control valve or thermostat. If the first four digits are not between 1115 and 1631, you’re in the clear. If they are, you’ll need to investigate further.

If you think this recall might apply to you, head to www.waterheaterrecall.com and enter the serial number. You can also call if you prefer.

Once you’ve confirmed that your water heater is included in the recall, the first and most important step is to turn off the water heater and refrain from using it until you’re sure it’s safe. Then contact A.O. Smith to discuss your free repair.

 

Wisconsin Shipyard Workers Settle Claims totaling $7.5M

Fraser Shipyard company has revealed the agreed settlement of lawsuits concerning tens of workers that were exposed to lead in their line of duty working in Superior on an old freighter as established by the company last week on Thursday.

Fraser agreed to a settlement of $7.5 million to workers totaling slightly more than 60 who were endangered to lead paint two years ago. The workers were involved in a repowering scheme for the ship Herbert C. Jackson at Fraser’s Superior yards in 2016, According to Fraser spokesman Rob Karwath, the workers are said to have been in the process of turning the freighter’s old boiler and steam power system to diesel when the unfortunate accident happened.

However, It was further established that the first of the three federal lawsuits had been listed for trial in December this year.

Prior to the settlement, the Occupational Safety and Health Administration summoned Fraser for several 2016 work violations during the incident and fined the company a total of $1.4 million. The huge penalty was however slashed by half to $700,000 by OSHA as a portion of a settlement in which saw Fraser adopt and develop a new safety plan for the company.

Speaking for the first time after the revealing of the settlement plan, the president and chief operating officer of Fraser Industries, a mother company of Fraser Shipyards said, “We believe that this settlement, which resolves all outstanding claims, is in the best interests of all parties”

A statement released by Farkas further said, “This agreement and earlier settlement agreements with the Occupational Safety and Health Administration concluded with facts and arguments from unions representing our workers, guarantees that as of we can be able to move forward with a solid and strong commitment to employee stability and business viability, in partnership with Occupational Safety and Health Administration, and each person who makes a living at our 126-year-old family-owned corporation in Superior,”

Maritime giants Fraser Shipyards is the last influential independent shipyard on the United States side of the Great Lake.

Are Wichita Children Safe at Daycare?

You expect your children to be safe when you drop them off at daycare in the morning. However, that isn’t always the case, as two recent cases in Wichita illustrate. One involves an 18-month-old who inhaled a piece of kernel corn in October 2017 that had to be surgically removed from his lung. Another case involves a nine-month-old who came home bruised and scratched in April 2017 after a daycare worker repeatedly yanked him up off of the floor. Both children had been attending their daycare facility for less than a week. Both sets of parents filed lawsuits, citing negligence.

Keeping children safe

” Every child deserves to be safe at a daycare and parents deserve the peace of mind to know that their children are safe when they drop them off,” said Richard James, a Wichita attorney representing one set of parents in their suit against Kindercare of Wichita. KinderCare’s Emily Snyder responded by saying, ” The safety and well-being of the children in our care is one of our highest priorities.”

The older daycare facility being sued is Snails and Puppy Dog Tails Daycare, a facility that Elizabeth West ran out of her home until she closed down the business in August of this year. However, she denied any wrongdoing, saying, ” Feed corn is offered at a lot of daycare centers. It’s sensory experience for children.”

These two cases aren’t the only ones involving daycare facilities pending in Wichita courts. Another case, this one involving a 10-month-old who fell or was dropped at a daycare center near K-96 and Woodlawn, claims the child was injured due to a staff member’s actions or negligence. Like the other two cases, these parents are seeking a settlement of more than $75,000.

How widespread is daycare neglect

The actual number of children injured in the Wichita area is difficult to ascertain since such injuries are not required to be reported. The official numbers state that 26 children died as a result of injuries at daycare centers in Wichita from 2010 to 2016.

 

Insulin Price Hikes: AG Sues Major Drug Manufacturers

In the US, there are more than 100 million people who have been diagnosed and are living with pre-diabetes or diabetes as stated in the 2017 CDC report. The report also shows that the rate of diabetes cases continues to increase gradually every year. The disease increases the risk of vision loss, premature death, kidney failure, stroke, heart disease, amputation of limbs, among others. Diabetes can be managed through the use of insulin control as well as other blood sugar level control medications.

Major insulin manufacturers such as Novo Nordisk, Sanofi-Aventis, and Eli Lilly and Co., have made billions of dollars in supplying insulin to the ever growing market for the drug. Additionally, the companies have benefitted from the new healthcare tax reforms. Pharmaceutical manufacturers negotiate rebates and discounts on drugs to pharmacy benefit managers (PBMs) and health insurers who fail to pass the savings to the end user. This is not surprising due to the reinforced third-party payment system under the tax code and regulations.

Insulin is no exception, and more so because it is a life or death drug as stated by the Democrats Attorney General (Minnesota), Lori Swanson. The AG filed a lawsuit against Novo Nordisk, Sanofi-Aventis, and Eli Lilly and Co. alleging the companies’ hike of insulin prices. He argued that the spike in prices was both unwarranted and unfair to the disadvantaged consumer. The allegations were denied by Eli Lilly and Sanofi while Novo Nordisk promised to look into them.

The AG said that the drug manufacturers are raising the sticker price of the insulin drugs so as to offer PBMs competitively high discount rates. Swanson gave an example with Lantus, an insulin drug manufactured by Sanofi, and which was priced at $99.35 in 2010 and is currently selling at $269.54 (2018). These high rates secure the manufacturers’ product coverage in comparison to their competitors in insurance plans.

Swanson stated that the high prices are hurting the consumers who have no insurance coverage or those with high deductibles that need to be paid prior to insurance compensation.

The office of the AG said that the “The lawsuit alleges that the list prices the drug companies set are so far from their net prices that they are not an accurate approximation of the true cost of insulin and are deceptive and misleading.”