Posted On: April 29, 2009

Dementia Up in Patients with Type 2 Diabetes – Linked to Drops in Blood Sugar

A long term study of older patients with Type 2 diabetes found that those who had experienced even one episode of hypoglycemia, or life threatening drops in blood sugar, were at a higher risk for developing dementia than diabetic patients who had not experienced such an episode.

Diabetes%201.jpgThe findings to be published in the Journal of the American Medical Association are significant given the high rate of Type 2 diabetes patients in the world and the expectation that dementia rates will increase as the population ages.

“We’ve known for some time that patients with Type 2 diabetes are at greater risks of dementia and cognitive problems,” said Rachel A. Whitmer of the Division of Research at Kaiser Permanente in Oakland, California. “This adds to the evidence that balance of glycemic controls is important, and that trying to aim for a very low glycemic target might not be beneficial and it might even be harmful.” Ms. Whitmer is one of the authors of this article.

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Posted On: April 27, 2009

Chicago-Cook County Jury Duty – Democracy in Action in the Civil Justice System

Recently my wife was called to serve as a juror in a Chicago-Cook County jury case. Although she was ultimately not called, it reminded me that we must never take this process for granted.

Constitution%201.jpgThe 7th amendment of the U.S. Constitution gives the right of trial by jury that no other country guarantees.

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

Our civil justice system is derived from the English Magna Carter. Our Constitution is designed so that each case is tried by a group of one's peers, in this case a representation of our Cook County community, that is responsible for judging what is right or wrong in each case.

As a civil justice attorney I am aware of the sacrifice each juror makes to this system, even if it is not voluntary. The jury system allows our country to continue to uphold the principles of freedom and individual rights established in the Constitution. Without jurors our legal system would be unable to function.

As a representative of the party with the burden of proof, the Plaintiff, I do my best to provide the jurors with a steady flow of evidence without overloading issues or repeating obvious evidence with cumulative witnesses. I appreciate that jurors are sacrificing their time and I would like to extend my thanks to all Cook County jurors for allowing our legal system to function smoothly.

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Posted On: April 24, 2009

Wrongful Death Action Allowed Against Nursing Home by Missouri Supreme Court, But Arbitration Clause Not Allowed

A recent Missouri Supreme Court case ruled that a nursing home cannot enforce a mandatory arbitration clause against a former resident’s children even if an arbitration agreement with the nursing home had been signed. The court found that “the plaintiff in a wrongful death action is not bound by an arbitration agreement signed” by a sister on the mother’s behalf in Lawrence v. Beverly Manor, 2009 WL 77897 (Mo. Jan 13, 2009).

Hospital%20Bed%202.jpgIn 2003, the resident, Dorothy Lawrence, began living at Beverly Manor Nursing Home in St. Joseph, Missouri. At the time Lawrence's daughter, Phyllis Skoglund, had power of attorney for her mother and signed the contract with the nursing home on behalf of the resident.
This contract included an arbitration clause that stated that "any and all claims, disputes and controversies [regarding the nursing home's care and treatment of Lawrence] shall be resolved exclusively by binding arbitration".

Shortly after her admittance to the nursing home, and the signing of the contract, Lawrence died. Her family filed a wrongful death lawsuit against Beverly Manor Nursing Home alleging that she died as a result of the nursing home's negligence when she was dropped by the nursing home staff.

A trial court ruled that the wrongful death claim could go forward despite the contract including the arbitration language. This decision was affirmed by the Missouri appellate court, at which point Beverly Manor Nursing Home appealed to the Missouri Supreme Court.

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Posted On: April 24, 2009

Hospitals in Illinois and U.S. Report C. Difficile Bacteria Causes 350,000 Infections Each Year

Recently, a local Chicago doctor working in a Veterans Affairs Hospital recognized signs of clostridium difficile, also known as C. difficile, a contagious and potentially deadly bacteria that is difficult to track. The illness kills an estimated 15,000 to 20,000 people annually with most of the cases occurring in health care settings.

Bacteria%201.jpgThe Chicago public health community has been sounding the alarm for years about the overuse of antibiotics and the emergence of “super-bug bacteria” that have developed an immunity to a wide number of antibiotics.

“One of the things that we consult consumers about is to make sure that an antibiotic is really necessary,” said Dr. Dale N. Gerding, an infectious disease specialist at the Stritch School of Medicine at Loyola University in Chicago. “There are many good reasons for taking an antibiotic, but an illness like sinusitis or bronchitis winds up being treated with antibiotics even though it will go away by itself anyway.”

C. difficile is not a new illness, but it appears to be spreading at an alarming rate. The rate of C. difficile infection among hospital patients doubled from 2001 to 2005. The rise in C. difficile cases around the world is linked with the growing use of all the antibiotics, particularly a class of drugs called fluoroquinolones, which came into widespread use around 2001. The use of acid-suppressing drugs, including proton pump inhibitors like Prilosec, also may be a risk factor.

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Posted On: April 20, 2009

Chicago Cubs Win World Series! (According to Sophisticated Simulators)

If the Chicago Cubs do win the 2009 World Series, it might have been predicted by a computer simulation which explores baseball strategies and their effect on the game's outcome. In 1958 a professor at the Massachusetts Institute of Technology (MIT) developed a program to investigate whether the sacrifice bunt was a wise play. At the time the program required a huge IBM 704 mainframe to run.

Baseball%201.jpgAdvances in technology have come so far that there is now a simulator available to the public called Diamond Mind that runs on only a laptop and can even consider the affects of wind on plays at individual ballparks. Other possible simulations include whether stealing a base would increase or decrease the chance of scoring, or if a sacrifice bunt gives your team an advantage. A computer program is ideal for working out these sort of problems that involve millions of fact items; the program smooths out the peeks and random valleys to come up with a reliable approximation.

Known among formal statisticians as the Monte Carlo method, the approach takes spectacularly complex phenomena like weather patterns and stock performance and allows their behavior to be approximated, if not determined.

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Posted On: April 17, 2009

Cervical Cancer Causing Virus Can Be Tested with New DNA Test as an Alternative to a Pap Smear

A new DNA test has been developed by Qiagen to identify the human papillomavirus (HPV), a virus found to be associated with cervical cancer. Scientists state that this new test is an improvement on current testing methods and might eventually replace the Pap smear test as a way to diagnose HPV.

DNA%201.bmpEarly diagnosis is key in fighting all types of cancer, including cervical cancer. In fact, the most common pitfall doctors fall into regarding patients with cancer is failing to diagnose cancer early enough to provide treatment. This new test could reduce the number of missed cervical cancer cases and improve cancer patients' outcomes.

The optimism around this new DNA test is based on the results of an 8-year study of 130,000 women in Indian that was recently published in the New England Journal of Medicine. The study, financed by The Bill and Melinda Gates Foundation, revealed that a single screening with the DNA tests met all the same standard as all other methods of early diagnosis of cancer.

Similarly, a study by the University of Chicago reports that a predictive model based on family history of breast or ovarian cancer can aid genetic counselors in diagnosing breast cancer in African women. Development of genetic testing for different ethnicities is important because research shows that genetic mutations vary among racial and ethnic groups.

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Posted On: April 15, 2009

Illinois Residents Injured by Fleet Phospho-Soda Application

Thousands of Americans across the country, Illinois, and in the Chicago area have suffered life-threatening kidney injuries after taking Fleet Phospho-Soda in preparation of colonoscopies and other surgeries. Fleet Laboratories is the principal manufacturer of Phospho-soda and has been promoting the product without warning of its drug side effects, which can include kidney damage and renal failure.

Rx_symbol%202.pngStudies have revealed that the link between Fleet Phospho-Soda and these side affects could be the result of calcium phosphate tubules that form in a kidney, which can lead to acute renal failure.

As far back as April 2002 a Health Canada advisory first warned the medical community that oral sodium phosphate solutions like Fleet Phospho-Soda can affect heart and kidney function. A later article published by the New England Journal of Medicine in September 2003 warned that this product could result in serious side effects, such as seizures and acute renal failure.

In December 2008 the U.S. Food and Drug Administration (FDA) issued a patient saftey alert which advised that oral sodium phosphates solutions should be available by prescription only. Immediately following that warning Fleet issued a recall of Phospho-Soda, which had been sold as an over-the-counter medication. In their statement regarding the recall, Fleet advised doctors to no longer directed patients to use this product for bowel cleansing.

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Posted On: April 14, 2009

Extraction Of Defective Medtronic's Sprint Fidelis Cables Causes Deaths

Medtronic, the maker of Sprint Fidelis, a heart defibrillator cable, has taken its product off the market. But the problem with it still being used by some 150,000 people around Illinois and the country has resulted in several deaths in removing the defective cable.

Heart%202.jpgMedtronic estimates that the cable has failed in a little more than 5% of patients after 45 months of being implanted. But as a preventive measure, some patients with working cables are having them removed.

Already 4 patients have died during extractions. It is feared that the toll could quickly rise if such procedures are not performed by skilled doctors at medical centers that have performed many of these operations.

“I think we are seeing the tip of the iceberg,” said Dr. Charles J. Love, a cardiologist at who specializes in cable extractions. For many patients around Illinois, the big issue is who is skilled enough to remove these defective heart implants. It is thought that some surgeons removing the cables do not have the required skill level.

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Posted On: April 9, 2009

Illinois’ Contribution Act Interpreted by Seventh Circuit Court of Appeals

An Illinois worker was crushed by a tractor-trailer at a loading dock while working for his employer. He collected Illinois workers’ compensation benefits from his employer, Ensign, and then he and his wife sued three companies in strict tort liability. Baltzell v. R&R Trucking Co., 554 F.3d 1124 (7th Cir. 2009).

Hard%20Hat%20yellow%202.jpgThe three defendants were R&R Trucking Company, owner of the tractor-trailer; Freightliner Corp., the tractor manufacturer, and Lufkin Industries, which was the trailer manufacturer. All of the defendants in the Illinois liability case filed third party contribution claims against the employer, Ensign, which means that Ensign could be held liable for the injury, too.

Ensign became involved because the other defendants were acting on the theory of joint and several liability, which states that a defendant who has paid more than its share of damages may seek contribution from other parties. The idea behind joint and several liability is that those parties who are most at fault should pay their share, regardless of whether they had settled prior to the verdict, or if they were not named in the lawsuit.

After a Chicago federal district court jury trial, a verdict in favor of the plaintiffs was entered in the total sum of $13,980,120. The jury apportioned fault as follows: The plaintiff was not at fault; Freightliner was liable for 20% of the fault; Lufkin 10%; R&R 40%; and Ensign 30%. Under this verdict Ensign would be liable for $4,194,036.

However, Ensign attempted to reduce this amount by presenting evidence that its cap as set out according to a precedent set in Kotecki v. Cyclops Welding Corp. was $4,085,571.21 and that it had paid $873,953.31 already under the Illinois worker's compensation claim. Under Illinois law an employer’s contribution liability is capped to an amount not greater than the employer’s workers’ compensation liability. This value which is generally referred to as the ‘Kotecki cap’ represents the maximum amount that an employer has to pay in contribution.

Ensign moved to waive its workers’ compensation lien seeking dismissal of the third-party contribution claims. The district court denied Ensign’s motion. The district court then reduced the judgment by Ensign’s Kotecki cap of $4,085,471.21 which left $9,894,548 shared by the liability defendants according to their percentages at fault.

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Posted On: April 8, 2009

Illinois Supreme Court Embraces ‘Direct Participant Liability’ Requirement for Damages Under Illinois Workers' Compensation Act

Two families brought a lawsuit on behalf of oil refinery workers killed in a 1995 fire at the Clark oil refinery in Blue Island, Illinois. Each decedent's estate received payment from Clark Refining under the Illinois Workers' Compensation Act. The current case involves a liability suit the decedents' widows filed against the parent corporation, Clark USA, Inc., of the subsidiary refining corporation. Forsythe, et al. v. Clark USA, Inc., 224 Ill.2d 274 (2007).

Refinery.jpgThe plaintiffs in Forsythe alleged that cost-cutting by the parent company, Clark USA, resulted in dangerous conditions at the refinery that led to the deaths of the two workers. Specifically that the deep budget cuts resulted in improper training of workers, and that two untrained workers began dismantling a pipe without determining whether it was pressurized caused the explosion that killed their husbands.

When the case was in the trial court, the court granted a motion for summary judgment. Plaintiffs appealed this motion at the Illinois appellate court level, and the appellate court reversed and remanded. The defense petitioned the Illinois Supreme Court for leave to appeal the appellate court decision.

The Illinois Supreme Court granted defense's petition to consider whether a parent company can be held liable under a theory of direct liability for the manner in which it controls its subsidiary's budget, and if so, then whether the Workers' Compensation Act's exclusive-remedy provision immunizes that parent company from liability.

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Posted On: April 6, 2009

Illinois Pharmacy Mistake Case Punitive Damage of $25 Million Reversed by Illinois Appellate Court

In a recent Illinois pharmaceutical error case, the First District Appellate Court of the State of Illinois reversed a $25 million punitive damage award against Walgreen Co. in Marston, etc. v. Walgreen Co., 1-07-0209. The case revolved around the death of an elderly man who was given the wrong prescription allegedly as a result of a pharmacy mistake. The 77 year-old decedent had requested an anti-gout medicine, but was instead given a drug that treats diabetes by lowering blood sugar.

Prescription%20Bottle%201.jpgThe court upheld a Chicago, Cook County jury award of $6.35 million in compensatory damages after finding that the plaintiff established that taking wrong drug caused the decedent’s kidneys to fail, which led to his death. The plaintiff died during pretrial proceedings.

At trial, the Walgreen's pharmacist testified that he incorrectly filled the decedent's prescription. Evidence was also presented that suggested the pharmacist was abusing narcotics and stealing pharmaceuticals from the Walgreen’s store. The evidence showed that the pharmacist did not remember if he was taking drugs on the date of the misfilled prescription.

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Posted On: April 2, 2009

Chicago Hospitals Pays $6 Million to Settle Birth Injury Lawsuit for Late Delivery of Child

A mother whose daughter was born mentally disabled and prone to seizures received $6 million in settlement from the University of Chicago Medical Center. Chicago birth injury lawsuit claimed that a Cesarean should have been ordered 35 minutes earlier and that because of the late delivery the child suffered brain damage due to lack of oxygen.

Baby%203.jpgThe mother in this Illinois medical negligence case was admitted to the University of Chicago Medical Center to have labor induced. At her admission two tests were done that could not establish the fetal well-being. While labor was being induced the fetal heart rate was not showing accelerations even though it should. Over the next two hours the fetal heart rate steadily declined.

The plaintiffs argued that due to that heart rate trend a Cesarean section should have been ordered immediately. The doctors waited until the baby’s heart rate fell between 100 and 105 beats per minute to order an urgent Cesarean section surgery. The baby was delivered about 30 minutes from the time the procedure was ordered. That baby is now an adult and is mentally disabled.

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