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Recent Blog Posts
Another Megabus Accident Injures 19
For the fourth time since October, a Chicago-based Megabus was involved in an accident early this morning in Indiana, sending 19 passengers to the hospital. The accident occurred in the southbound lanes of Interstate 65 south of Indianapolis, according to reports, and was caused when the double-decker Megabus could not slow quickly enough to avoid a stopped semi-truck. The impact created a chain-reaction which subsequently included two additional passenger vehicles. The driver of the truck and the other vehicles were uninjured.
The Megabus was en route from Chicago to Atlanta at the time of the accident and authorities have not yet announced if charges are pending against the bus driver. Investigations into the crash remain underway, as the bus will undergo inspections to determine if mechanical problems played a role in the accident. A spokesman for the bus company stated that with safety as a priority, Megabus is providing full cooperation to authorities throughout their investigation.
Lawsuit Blames Scope Manufacturer for "Superbug" Outbreak
The law firm Tomasik Kotin Kasserman filed an Amended Complaint today adding Pentax Medical, the manufacturer of a medical instrument, as a defendant in a lawsuit pending against Advocate Lutheran General Hospital in Park Ridge, Illinois related to the outbreak of the “superbug” CRE in 2013.
Donna Pirolli was a patient at Lutheran General Hospital on June 25, 2013 and underwent a procedure during which a duodenoscope was inserted into her stomach through her mouth. Because the duodenoscope had not been properly cleaned, Donna Pirolli became infected with the antibiotic-resistant “superbug” carbapenem-resistant Enterobacteriaceae (CRE). A lawsuit has been proceeding in the Circuit Court of Cook County on behalf of Ms. Pirolli alleging that Lutheran General Hospital was negligent in failing to adequately clean the duodenoscope after using it on another patient before inserting it in Pirolli.
During the same time period that Donna Pirolli was infected, approximately 43 other Lutheran General patients contracted CRE during these procedures. Since 2013, CRE infections from similar duodenoscopes have occurred in many states across the country, including, most recently, at UCLA Medical Center in California. Last week, the FDA issued a safety alert warning that the complex design of these duodenoscopes may prevent effective cleaning.
Patient Suffering
Going to a hospital or a doctor’s office often brings its own kind of suffering – long waits, poor communication, being awakened in the middle of the night for a routine blood draw. In some cases the patient experience is worse than the medical condition being treated. Some hospitals and physician groups, however, are focusing on reducing patient suffering caused by their own doing. As described in an article in The New York Times, things as simple as reducing the amount of noise at night in hospitals are allowing better sleep and a better patient experience. In an effort to avoid needlessly waking patients at night for routine blood draws, one physician in charge ordered that they be done only if necessary – and if it was medically necessary, he would expect to be awakened and notified. No one ever called him.
Patients Take Generic Drugs at Their Own Risk
When a generic prescription drug causes injury to a patient – even permanent neurological injury or death – the patient cannot sue the maker of the generic drug, even if the patient could have sued had he or she been administered the name brand drug instead.
Why Are Generic Drug Manufacturers Essentially Immune From Suit?
Two Supreme Court product liability cases have slammed closed the courthouse doors to injured patients while protecting the manufacturers of generic drugs, no matter how horrific the harm to the patient.
Historically, the Supreme Court of the United States has permitted brand name drug companies to be sued for failing to adequately warn consumers furthers Congress goals of safer drugs and better informed patients. Wyeth v. Levine, 555 U.S. 555 (2009); Erwin Chemerinsky, The Case Against the Supreme Court (2014). Chereminsky’s book is a must read for anyone who cares about protecting consumer rights. Chemerinsky’s take in The Case Against the Supreme Court is dead on, so let’s discuss how he got it right.
Tip-Overs: Preventable Tragedies
The cell reception at her West Chester home had been spotty. So after watching her three oldest children get onto the school bus at the end of her driveway, Jackie Collas dialed Verizon and asked about boosting the signal. It had been a harsh winter, and she worried about being able to reach 911 in an emergency.
After hanging up on that morning last February, she went to check on Curren, her 2-year-old.
She found him trapped and motionless beneath his overturned, five-drawer dresser. For how long, Collas couldn’t know. The mother began CPR, and was still trying to revive him when the paramedics arrived.
It was not until after the funeral that she learned Curren had no vital signs when they took over, that there had been no way to save him. That has left her with one heartbreaking regret.
Sitting beside his bed, the unwashed sheets still full with his smell, she wishes she had stopped lifesaving efforts that day, taken him in her arms, and rocked him one last time.
Important Children's Product Recalls for November-December 2014
The nonprofit organization Kids in Danger (KID) recently released their November-December recall list which includes common items or toys that should be noted as possibly dangerous by public consumers. This month, the following children's products are being recalled:
Hello Kitty Whistles
Hazard: Choking and Aspiration
Website: McDonalds.com
Phone: (800) 244-6227
Graco Strollers (11 Models)
Hazard: Fingertip Amputation
Website: Gracobaby.com
Phone: (800) 345-4109
Leatherman Leap Multi-Tool
Hazard: Lacerations
Website: Leatherman.com
Phone: (888) 212-2438
To receive alerts of product recalls, KID offers a monthly email newsletter. For reviews and alerts from the Consumer Product Safety Commission, call (800) 638-2772 or visit CPSC.gov. If you have been injured by any of the above products, or other negligent manufacturers, report it to SaferProducts.gov.
Small Plane Fails and Crashes into Elderly Couple's Home Near Midway
Early this morning a small twin-engine plane reported engine problems and crashed into a neighborhood near Midway Airport in Chicago. The pilot of the plane radioed into Midway that he was experiencing engine problems on his way to Ohio State University Airport when he decided to turn around. Shortly after, the plane crashed into an elderly folk’s home on South Knox Avenue. Unfortunately, the pilot was found dead on the scene. The elderly couple, however, was not injured. Currently, the cause of the crash is unknown. Preliminary reports may be released this week, but a full report may not be available for six months to a year, according to an air safety investigator for the National Transportation Safety Board.
Ebola – No Excuses
We are aware of the mistakes. A patient with Ebola visiting from Liberia was misdiagnosed at a Texas hospital and released back into the community. Inadequate protective measures resulted in two nurses becoming infected. One of the infected nurses called the CDC to report a fever but nevertheless was allowed to board a commercial flight to visit family in Ohio. Fortunately, Ebola has yet to land in Illinois. However, if it does, given what we have learned from the mistakes made in Texas, there can be no excuses here in Illinois.
Our airports must have the ability to quickly quarantine a passenger suspected of having Ebola. Our hospitals must adequately train staff to screen patients for Ebola and to have protocols in place for what to do when a patient is thought to potentially be positive. This includes proper training, practice, equipment, supplies and leadership. As someone who is called after the fact to investigate how medical tragedies happen, I can attest to the fact that lack of awareness and/or preparation is an all-too common theme. Every hospital in Illinois, from the largest academic medical center to the smallest community hospital, must be ready in case Ebola arrives at its doorstep. Not just loose preparation, but real readiness.
Megabus Crash Highlights Dangers of Bus Transportation
Recently, a double-decker Megabus traveling from Atlanta to Chicago was involved in a rollover crash, injuring at least 26 people. According to the bus driver, in the early morning hours, he tried to avoid an accident and overcorrected his steering. The bus flipped on its side and over the median of I-65. One passenger shared that due to rainy weather conditions, the driver may have had limited visibility or that the driver swerved to avoid something.
The Chicago area is serviced by companies like Megabus, including Greyhound, Chicago Transit Authority (CTA), and Pace Bus Company. Though public transportation offers a convenient and cost-effective way to travel, passenger bus accidents are all too common. Due to the size of buses, injuries involved can be minor to serious, life-threatening matters. The consequences of a bus accident injury can be devastating, so it is crucial to take action to ensure your rights are protected.
Study Finds Soda Increases Risk of Stroke
You may want to switch from soda to water. According to a study published in the American Journal of Clinical Nutrition, drinking just one can of soda per day, even diet soda, increases a person’s risk of stroke over time by 16 percent. And the stroke risk increased for each additional can of soda consumed. Surprisingly, it didn’t matter whether study participants were smokers, exercised or were overweight. This was a large study conducted by researchers from Cleveland Clinic and Harvard, and appears to be good data. So if you’d like to drop your risk of stroke, switch from soda to water!
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