Maine Personal Injury Lawyer

Target stores affected by recall of contaminated meat and poultry

Alison McKellar — Wed, 14 May 2008 15:17:00 GMT

Gourmet Boutique, a New York based food company, has announced a voluntary recall of 286,000 pounds of meat and poultry due to possible Listeria contamination, a bacteria that can cause nausea, flu-like symptoms, and diarrhea. In pregnant women, the bacteria can lead to infections associated with miscarriage, premature delivery, and stillbirth.

Most of the recalled items are sold under the brand name Archer Farms, and are sold in SuperTarget stores across the country. The USDA notified consumers of the problem after it was detected during a routine safety inspection in Florida, and the products have since been removed from the shelves of all SuperTarget locations where they are carried. For updates on the recall and a list of products affected you may visit the USDA recall listings page.

Originally posted at InjuryBoard by Alison McKellar

Parents continue insisting on link between vaccinations and autism

Alison McKellar — Tue, 13 May 2008 20:07:00 GMT

This week, the United States Court of Federal Claims began the second hearing in a series of three to determine whether thimerosal, a vaccine additive containing mercury, led to autism in thousands of children.

The New York Times reports that the link between vaccinations and autism has been ruled out by every major study and scientific organization to examine the issue. The most recent of these studies found that removing thimerosal from vaccines did not reduce the number of autism cases in California. Still, parents and other groups, like the National Autism Association, have continued to insist on a connection between the two, and thus, claims are being heard in a special court set up 20 years by Congress to deal with a series of vaccine scares.

Front and center in the case are two boys, William Mead and Jordan King, from Portland, Oregon. According to their attorney, Thomas Powers, the two boys were developing normally until receiving vaccines containing thimerosal, which they contend lead to a buildup of mercury in their brains and subsequent autism.

Those who believe that vaccinations lead to autism argue, like Powers, that certain people may have genes that predispose them to the disease, making them especially vulnerable to the mercury found in thimerosal. The additive has since been removed from the vaccines and over 5000 cases have been brought forward by parents who believe their child's autism may have been brought on by thimerosal.

A ruling from the court will not be expected until next year.

Originally posted at InjuryBoard by Alison McKellar

Medical tourism: Maine people and companies go abroad to save on surgery

Alison McKellar — Tue, 13 May 2008 14:45:51 GMT

Medical tourism, a growing travel phenomenon that combines international travel with various medical procedures, is the newest indication that Americans are fed up with expensive medical procedures, inefficient hospitals, and sky-high deductibles from insurance companies. Until recently, Americans have had little recourse and few alternatives when facing high-cost surgeries and penny-pinching insurance companies, but a growing percentage of people have found a new and often favorable solution. U.S. News and World Report estimates that anywhere from 5,000 to 500,000 Americans annually are taking their business elsewhere and heading abroad when they have to pay for costly medical procedures.

Mainers and Maine companies like Hannaford Bros. are among the many patients and companies going beyond borders in pursuit of medical procedures at a fraction of the cost. The AP reports that the Scarborough-based supermarket chain now offers employees the option of getting hip and knee replacements in Singapore, at the National University Hospital. The same procedure that can cost $40,000 to $60,000 in the United States ranges from $10,000 to $15,000 in Singapore.

The savings can be so great and the quality of care so high that even insurance companies have started looking into the possibility of covering oversees medical procedures. David Boucher, an assistant vice president of healthcare services at BlueCross BlueShield of South Carolina has visited many facilities abroad, and told U.S. News and World Report that he was, "totally amazed not just by the quality of medical care but at the quality of service. the initial driver may be price, but patients' positive experiences will do a lot to advance the movement."

However, going outside the country for complicated medical procedures carries with it a whole new set of safety and legal considerations that many people may not anticipate or be prepared to deal with. What happens if someone gets treated abroad and is harmed due to negligence or poor care? Who is responsible? Who do you sue? Who is accountable and who will advocate for you? Oriv Karev, CEO of UnitedHealth Group International, tells U.S. News and World Report that one of the biggest concerns can be getting accurate data and information from hospitals located abroad. It might be extremely difficult to find reliable information on a hospital's mortality rate or the experience and credentials of an individual surgeon.

Originally posted at InjuryBoard by Alison McKellar

Heparin contamination may have been deliberate: were Mainers affected?

Alison McKellar — Fri, 02 May 2008 18:34:48 GMT

Heparin, a blood thinner produced by Baxter International Inc. has now been linked to 81 deaths in the United States and has caused hundreds of severe reactions in patients worldwide. Senate and House Subcommittees have spent the last several weeks collecting evidence and hearing testimony from victims, doctors, and Baxter International representatives on the issue. According to the FDA and others, it now appears that the deaths were caused by severe allergic reactions due to intentional contamination of the drug's active ingredient.

The controversy over the contaminated material and the resulting deaths has intensified with news that it was a Chinese company, a subsidiary of Scientific Protein Laboratories that appears to be the source, according to the FDA.

Why would someone intentionally contaminate a life saving drug with a potentially deadly substance? Although still unconfirmed and unproven, the motive appears to be economic fraud. The contaminant, oversulfated chondroitin sulfate costs about one hundredth the value of pure Heparin. Janet Woodcock, director of the FDA, told the New York Times that, "a third of the material in some batches of the thinner were contaminants. and it does strain ones credulity to suggest that might have been done accidentally."

Penobscot Bay Medical Center in Rockport, Maine, unanimously voted to suspend use of the blood thinner near the end of February, and many other hospitals did the same. However, it's still too early to tell how many people could have been hurt by the contaminant and if Mainers were among them.

Originally posted at InjuryBoard by Alison McKellar

Mainers hit hard by bad flu season and worst flu shot in ten years

Alison McKellar — Mon, 28 Apr 2008 20:31:28 GMT

An estimated 200,000 Americans are hospitalized each year for flu-like symptoms and complications from influenza kill approximately 36,000 during the average "flu season". Although the common virus is taken lightly by many, public health officials consider it the largest cause of death from a preventable infectious disease, reports the Ellsworth American. One of the biggest problems with the flu is that it is highly contagious, and many people choose to go to work when they're sick due to pressure from employers or a fear of lost income.

The Centers for Disease Control and Prevention recommends, along with hand washing and prescribed antiviral drugs, that Americans take the time to get a flu shot, and, in 2008, a record number of Americans took the advice and got the vaccine. However, because there are many strands of the influenza virus, the effectiveness of the flu shot each year depends on how well doctors, scientists, and drug companies are able to predict which strands will be circulating the coming year.

This year, the elevated number of reported cases of influenza can be attributed, in part, to a flu vaccine that was less than 50% effective, a big drop from the 70-90% we expect in a good year.

In Maine, increased flu outbreaks have been reported in hospitals, schools, and retirement homes across the state, and, although there are influenza-related deaths every year, it is most commonly the chronically ill and very elderly who are affected. This year, however, Maine public health officials believe the flu is responsible for the deaths of at least one child and two young adults.

The bottom line: Don't take risks with your health or the health of others by going to school or work with flu-like symptoms.Take a look at this list of good health habits for preventing seasonal flu.

Originally posted at InjuryBoard by Alison McKellar

Mainers should be mad: Insurance company, Anthem Health Plans raises rates and rakes in $75 million in profits

Alison McKellar — Wed, 23 Apr 2008 11:16:16 GMT

The looming economic recession has hit Mainers hard. Whether you're an single and living on your own, married with a family, or trying to keep your small business afloat, for the majority of Mainers, it's simply more difficult to afford things than it was a few years ago. The Portland Press Herald reports that Maine is one of 11 states to report a drop in median income from 2006 to 2007, leaving Mainers having to make hard choices between things like medical care, groceries, and school supplies for their kids.

However, while most Mainers are tightening their belts and cutting corners to make it through economic hard times, Anthem Health Plans of Maine is reporting record profits. Last year, the company made more than 75 million dollars in profits from Maine costumers alone, and according to the Maine Bureau of Insurance, Anthem's treasurer earns more than $1.4 million, the president makes more than $643,000, and the assistant secretary earns more than $400,000.

Rick Burns, a Democratic state representative from Berwick, writes that, "the bottom line is that Anthem is a for-profit company. The right to earn a profit is derived from the taking of risk. Rather than take risk and earn a profit, Anthem lobbies legislators to create high-risk pools that shift the risk away from them and onto us, the Maine people."

Insurance companies are remarkably profitable because they have learned to minimize the amount of money they pay out for medical care and maximize the amount they generate in rates. Mainers may need to start playing tough with the insurance companies to get the services they deserve.

So, the next time your insurance company tells you they're not required to pay for something, don't give in right away. They can afford it.

Originally posted at InjuryBoard by Alison McKellar

Medication mixups: are hospitals harming Maine kids?

Alison McKellar — Tue, 22 Apr 2008 21:36:00 GMT

A recent study published by the American Academy of Pediatrics says that one out of every fifteen hospitalized kids is injured by drug mix ups, accidental overdoses and bad reactions. This translates to roughly 540,000 kids a year; significantly higher than previous estimates. The study used a new method of detection which involved 15 triggers such as rashes, nausea, and the administration of vitamin K, to flag and investigate potential errors. 960 cases of children treated in hospitals throughout the country were randomly selected for a review of their medical charts using the 15 trigger method.

The issue was launched into the public eye after the newborn twins of actor Dennis Quaid nearly died from an accidental overdose of the blood thinner, heparin. When the twins began bleeding out their nose, they were administered vitamin K, which later triggered an investigation revealing that more than 1000 times the prescribed dose of heparin had been given. Although the babies are both doing fine now, they were frighteningly close to becoming two more in the list of tens of thousands who die every year from preventable medical errors. The Quaids have since filed a lawsuit against Baxter Healthcare and started a foundation whose mission is to eliminate the impact of human error on patient care.

So what does this mean for your kids? It means that the hospitals' own methods of accident detection, which include self monitoring and voluntary reporting, are not working.

Dr. Charles Homer of the National Initiative for Children's Healthcare Quality, told the Associated Press that "these data and the Dennis Quaid episode are telling us that . these kinds of errors and experiencing harm as a result of your health care is much more common than people believe. It's very concerning."

So, if your child suffers complications from an overdose, hospital error, or medical mix-up, don't expect to hear about it from the hospital. The study found that by relying solely on the hospital staffers to report the incidents, only about four percent of the problems are detected.

What should you do? The Quaids told the AP, "every time a caregiver comes into the room, I would check and ask what they're giving them and why."

Originally posted at InjuryBoard by Alison McKellar

Mainers Sickened By Cereal

Anne Fennessey — Tue, 15 Apr 2008 10:47:26 GMT

The Portland Press Herald has reported that the U.S. Food and Drug Administration released a statement on April 12, 2008 detailing the most recent information regarding consumer illnesses that were caused by the same strain of Salmonella that was found in cereal produced by Malt-O-Meal, a company based in Minneapolis, Minnesota.

At least 23 people in Maine and 13 other states have been diagnosed with salmonellosis after being treated for symptoms that include nausea, vomiting, diarrhea, fever, and abdominal cramps. There have been no deaths reported, but three people became so sick that they needed to be hospitalized,according to Centers for Disease Control and Prevention.

The cereal, Malt-O-Meal's Puffed Wheat and Puffed Rice, was voluntarily recalled by the company on April 5, 2008 after the problem was discovered during routine product testing. Before the recall, the cereal was delivered to stores all over the country, using the Malt-O-Meal label, as well as private labels such as Hannaford's, Shaws, and ShopRite.

Consumers should check for "best if used by" dates from April 8, 2008 through March 18,2009 and throw away any product labelled with those dates. Stores have been told to take the cereal off their shelves.

Originally posted at InjuryBoard by Anne Fennessey

Maine Senate gives green light to Ignition Interlock in hopes of controlling drunk drivers

Don Briggs — Sun, 30 Mar 2008 14:40:59 GMT

On March 27th, the Maine Senate gave full approval to the implementation of an Ignition Interlock program which would install breath analysis devices in the vehicles of convicted OUI offenders. The devices require drivers to breath into a miniature breathalyzer installed on the dashboard, and, if the driver's blood alcohol percentage is above the programmed limit (usually .02% -.04%), the vehicle will not start.

The systems also administer random tests while the car is in motion to prevent intoxicated drivers from fooling the test by having a friend breath into the device for them. If they exceed the limit, the car will warn the driver to stop the car and then set off the alarm, flash its lights, honk the horn, etc., until the engine is turned off.

So what does this mean for Maine drivers? The details of the plan are still in the works, and procedures differ from state to state, but OUI offenders may face mandatory installation of the devices on their vehicles if Maine follows down the same path as California. Mothers Against Drunk Drivers (MADD) launched a campaign in November of 2006 to push for ITD installation for all OUI convictions, even first time offenders, but some criticize the devices, suggesting that they may actually lead to more accidents.
For more information and details on the bill titled "An Act to Reduce Drunk Driving" sponsored by Senator Lynn Bromley, click here.

Originally posted at InjuryBoard by Don Briggs

Maine Car Crash Leads To Second Accident

Anne Fennessey — Fri, 28 Mar 2008 09:46:52 GMT

It happens alot. There's an accident on the highway. Rescue vehicles rush to the scene with sirens blaring and lights flashing. Other drivers on the road move out of the way and let the rescue vehicles make their way to the crash. That's the way it should be, but on Wednesday, March 26, 2008, things didn't exactly work out the way they should have following an accident on I-95 North in Hamden, Maine.

According to a report in the Bangor Daily News, the driver of the car involved in the first accident lost control of his vehicle as he was heading north on I-95, causing it to careen across the roadway. The car rolled over, became airborne, and landed on its side about 25 feet off the the northbound side of the highway.

"This accident occurred first, and that one over there occurred second," Trooper Michael Johnston said from the scene of the rollover. "When fire and rescue units responded, traffic didn't heed their [emergency] lights" and crashed into each other.

Rescue vehicles approaching the accident scene from the southbound side of the highway slowed down at an emergency turnaround in order to reach the crash site. Unfortunately, some drivers on I-95 South didn't notice the emergency vehicles slowing down in front of them and that inattention led to a three car crash in the southbound lanes. This second crash was not a serious accident, with mostly minor damage to the cars involved, but it did back up traffic for more than an hour.

A passenger in the car involved in the first accident was injured seriously enough to be transported to a local hospital. (Neither occupant of that vehicle were wearing seat belts.) One person from the second crash was also sent to the hospital for treatment of minor injuries.

Originally posted at InjuryBoard by Anne Fennessey