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Columbus, Ohio Attorney Blog - Robert W. Kerpsack Co., L.P.A.
Tuesday, September 30, 2008
Drug Company Pays Multi-Million Dollar Settlement
Drug manufacturer, Cephalon, will pay $425 million in a civil settlement over off-label drug marketing of three of its popular drugs. The three drugs were marketed for uses other than what the FDA (Food and Drug Administration) approved them for. Cephalon stated Monday, September 29, 2008 that in addition to the $425 million, it would be $12 million in interest.
While doctors can prescribe drugs for off-label usage, the drug maker cannot promote the drug for off-label uses.
The three drugs were Actiq, Gabitril and Provigil. Actiq was marketed for migraines and various injuries. Gabitril is an anti-epilepsy drug and Provigil is prescribed for narcolepsy.
The drug company has also pleaded guilty to one count of distribution of misbranded drugs.
If you or a loved one has suffered ill effects from a dangerous drug in Columbus or anywhere in Ohio, please contact Robert W. Kerpsack, Co., L.P.A. today to schedule your confidential consultation.
While doctors can prescribe drugs for off-label usage, the drug maker cannot promote the drug for off-label uses.
The three drugs were Actiq, Gabitril and Provigil. Actiq was marketed for migraines and various injuries. Gabitril is an anti-epilepsy drug and Provigil is prescribed for narcolepsy.
The drug company has also pleaded guilty to one count of distribution of misbranded drugs.
If you or a loved one has suffered ill effects from a dangerous drug in Columbus or anywhere in Ohio, please contact Robert W. Kerpsack, Co., L.P.A. today to schedule your confidential consultation.
posted by
Lynn
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8:04 AM
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Monday, September 29, 2008
Doctor Removes Penis Without Patient Permission
A Kentucky man is suing his doctor and an anesthesiologist after his penis was removed without his permission or knowledge. The 61-year-old man went to the hospital for a routine circumcision, but after surgery, he was told his penis was surgically removed because cancer was detected. The man and his wife are seeking unspecified punitive damages from the doctor and the medical practice, Commonwealth Urology. The attorneys for the couple claim that tests showed no cancer.
The lawsuit claims that Dr. John M. Patterson removed the penis without consulting the patient or his wife or giving them an opportunity to seek a second opinion. The couple is suing the anesthesiologist because general anesthesia was given even though the patient requested it not be given.
If you or a loved one has suffered due to medical malpractice in Columbus or anywhere in Ohio, please contact Robert W. Kerpsack, Co. LPA today to schedule your initial consultation.
The lawsuit claims that Dr. John M. Patterson removed the penis without consulting the patient or his wife or giving them an opportunity to seek a second opinion. The couple is suing the anesthesiologist because general anesthesia was given even though the patient requested it not be given.
If you or a loved one has suffered due to medical malpractice in Columbus or anywhere in Ohio, please contact Robert W. Kerpsack, Co. LPA today to schedule your initial consultation.
posted by
Lynn
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11:22 AM
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Wednesday, September 24, 2008
1.2 Million Lead Cleanup Grant Provided
Rhode Island Attorney General Patrick Lynch announced late last year that $1.2 million in grants was available to fight lead paint poisoning. This stems from DuPont’s $9 million donation they made two years ago in an attempt to escape a public nuisance lawsuit. Children’s Health Forum, based in Washington, administered the funds to groups in Rhode Island working on the issue of lead paint poisoning.
Originally, Rhode Island named DuPont as one of several companies that used to manufacture lead paint accusing them of creating a nuisance. While A.G. Lynch and DuPont claim the money wasn’t part of a settlement, DuPont’s name was dropped from the lawsuit.
Lead poisoning is still a problem in areas all across the country. It can cause behavioral disorders, brain damage, and death in children. If lead paint poisoning has affected you or your family, please contact Robert W. Kerpsack Co., L.P.A. to schedule a consultation.
Originally, Rhode Island named DuPont as one of several companies that used to manufacture lead paint accusing them of creating a nuisance. While A.G. Lynch and DuPont claim the money wasn’t part of a settlement, DuPont’s name was dropped from the lawsuit.
Lead poisoning is still a problem in areas all across the country. It can cause behavioral disorders, brain damage, and death in children. If lead paint poisoning has affected you or your family, please contact Robert W. Kerpsack Co., L.P.A. to schedule a consultation.
posted by
Lynn
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9:48 AM
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Monday, September 22, 2008
Hospital Medical Malpractice All Too Common
A hospital in Washington state has had to publicly report 27 serious hospital mistakes after 20 surgeries were performed on the wrong patients last year. Washington hospitals also reported 83 incidents of severe, life-threatening pressure ulcers and 31 instances of objects being left in bodies after surgery.
When doctors at Sacred Heart Hospital in Washington operated on wrong patients twice last spring, officials discovered the mistakes were due to a backward x-ray and misidentified spinal surgery site. Since these incidents, a new policy has been implemented for x-rays to be performed and reviewed in the operating room before the procedure begins.
Although this hospital and others across the nation are creating new policies and taking extra caution to prevent medical malpractice errors, there are still far too many mistakes being made every day in hospitals and other health care centers in the United States.
If you or your loved one has suffered or died due to medical malpractice in Ohio, please contact Robert W. Kerpsack, Co., L.P.A. today to schedule your confidential consultation.
When doctors at Sacred Heart Hospital in Washington operated on wrong patients twice last spring, officials discovered the mistakes were due to a backward x-ray and misidentified spinal surgery site. Since these incidents, a new policy has been implemented for x-rays to be performed and reviewed in the operating room before the procedure begins.
Although this hospital and others across the nation are creating new policies and taking extra caution to prevent medical malpractice errors, there are still far too many mistakes being made every day in hospitals and other health care centers in the United States.
If you or your loved one has suffered or died due to medical malpractice in Ohio, please contact Robert W. Kerpsack, Co., L.P.A. today to schedule your confidential consultation.
posted by
Lynn
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11:46 AM
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Wednesday, September 17, 2008
Trasylol Risks
Trasylol (generic aprotinin) is administered by injection during complex operations to reduce bleeding. It reduces bleeding by slowing down a process known as fibrinolysis, which prevents the formation of blood clots. Its use is intended to minimize the need for blood transfusions and organ damage due to low blood pressure resulting from considerable blood loss.
An October 2007 FDA statement that compared Trasylol to other antifibrinolytic drugs, showed the drug to have a higher risk of death, and a Canadian study showed that the drug increased the risk of death when used to prevent bleeding during heart surgery. Following this report, Bayer A.G., the manufacturer of Trasylol, announced it was withdrawing aprotinin from the market.
In an article entitled, "Mortality Associated With Aprotinin During 5 Years Following Coronary Artery Bypass Graft Surgery," which was published in the February 7, 2007, edition of the Journal of the American Medical Association, researchers assert that Trasylol may raise patients' risk of death, within five years after the drug has been administered, by almost 50%.
If you or a loved one received Trasylol during a surgical procedure, you should be concerned about the serious risks involved with this drug.
An October 2007 FDA statement that compared Trasylol to other antifibrinolytic drugs, showed the drug to have a higher risk of death, and a Canadian study showed that the drug increased the risk of death when used to prevent bleeding during heart surgery. Following this report, Bayer A.G., the manufacturer of Trasylol, announced it was withdrawing aprotinin from the market.
In an article entitled, "Mortality Associated With Aprotinin During 5 Years Following Coronary Artery Bypass Graft Surgery," which was published in the February 7, 2007, edition of the Journal of the American Medical Association, researchers assert that Trasylol may raise patients' risk of death, within five years after the drug has been administered, by almost 50%.
If you or a loved one received Trasylol during a surgical procedure, you should be concerned about the serious risks involved with this drug.
posted by
Lynn
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12:21 PM
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Monday, September 15, 2008
Legally Blind Man Crashes ATV and Dies
An Ohio man who was legally blind has died after crashing his all-terrain vehicle in Columbiana County. Thirty-four-year-old Charles Hoyle was with friends when he decided that he wanted to drive an ATV even though he was considered legally blind and had not had a valid driver's license since 2000.
Hoyle' friends helped him onto the ATV and warned him to drive slowly, but when he got on, he accelerated very fast, struck a small tree, and then hit a larger tree head-on. He was thrown from the ATV and died of a head injury at the scene. All the men had been drinking prior to the crash.
If you or a loved one has been injured or killed in an ATV accident in Denver, Boulder, or anywhere in Colorado, please contact the experienced personal injury attorneys at Zakehm Atherton, LLC today to schedule your initial consultation.
Hoyle' friends helped him onto the ATV and warned him to drive slowly, but when he got on, he accelerated very fast, struck a small tree, and then hit a larger tree head-on. He was thrown from the ATV and died of a head injury at the scene. All the men had been drinking prior to the crash.
If you or a loved one has been injured or killed in an ATV accident in Denver, Boulder, or anywhere in Colorado, please contact the experienced personal injury attorneys at Zakehm Atherton, LLC today to schedule your initial consultation.
posted by
Lynn
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1:26 PM
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Thursday, September 11, 2008
Motorcycles Vulnerable to Road Hazards
A man who was injured when the motorcycle he was riding on hit a drain created by a local road paving company is suing that company. The lawsuit was filed in a West Virginia Circuit Court against Mountaineer Contractors, Inc. According to the suit, the contracting company had paved several roads in Morgantown, West Virginia, and as part of the paving project, certain drain openings were placed in the pavement "at significant depth below the surface of the roadway, creating a hazard to persons using the roadway," according to the lawsuit.
Daniel Slonaker was riding his motorcycle in July 2005 when his front wheel entered the hole surrounding the drain left by the paving company. Slonaker was thrown over the handlebars of the bike and hit his head on the pavement. He sustained several injuries, including a closed head injury, which resulted in loss of memory and mental impairment. The suit alleges it is the paving company's fault because the hole and the drain were not marked.
If you have been injured in a motorcycle accident in Columbus or anywhere in Ohio, please contact the experienced motorcycle accident attorneys at Robert W. Kerpsack, Co., L.P.A. today to schedule your initial consultation.
Daniel Slonaker was riding his motorcycle in July 2005 when his front wheel entered the hole surrounding the drain left by the paving company. Slonaker was thrown over the handlebars of the bike and hit his head on the pavement. He sustained several injuries, including a closed head injury, which resulted in loss of memory and mental impairment. The suit alleges it is the paving company's fault because the hole and the drain were not marked.
If you have been injured in a motorcycle accident in Columbus or anywhere in Ohio, please contact the experienced motorcycle accident attorneys at Robert W. Kerpsack, Co., L.P.A. today to schedule your initial consultation.
posted by
Lynn
at
11:03 AM
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Monday, September 8, 2008
Sponge Left in Woman’s Body Following Hysterctomy
An Illinois woman has been awarded more than $1.3 million in a negligence lawsuit against a hospital but her attorney will appeal for more. Wendy Gossett was awarded the large sum for pain and suffering she endured after a sponge was left in her body after undergoing a partial hysterectomy at Sherman Hospital in Elgin, Illinois.
Gossett's attorney said that even though the jurors awarded a record amount in cases involving surgical instruments, he would appeal for even more money to cover future lost earnings and medical expenses. Of the $1.3 million verdict, a little over $200,000 was awarded for past medical expenses, and nothing was awarded for medical upkeep and future lost wages. The attorney does not understand why Gossett was not awarded anything for the future.
Gossett was only 27 when she underwent surgery to relieve pain from endometriosis. After having post-surgery pain, Gossett returned to her doctor, but it wasn't until a trip to an emergency room in August 2000 that a test revealed a sponge was left behind during the hysterectomy. Gossett then underwent a second surgery to remove her ovaries and fallopian tubes and to remove an abscess that had formed and caused a serious infection.
Gossett now requires a morphine pump because of permanent nerve damage and can no longer maintain gainful employment.
If you have suffered due to medical malpractice in Columbus or anywhere in Ohio, please contact Robert W. Kerpsack, Co., L.P.A. today.
Gossett's attorney said that even though the jurors awarded a record amount in cases involving surgical instruments, he would appeal for even more money to cover future lost earnings and medical expenses. Of the $1.3 million verdict, a little over $200,000 was awarded for past medical expenses, and nothing was awarded for medical upkeep and future lost wages. The attorney does not understand why Gossett was not awarded anything for the future.
Gossett was only 27 when she underwent surgery to relieve pain from endometriosis. After having post-surgery pain, Gossett returned to her doctor, but it wasn't until a trip to an emergency room in August 2000 that a test revealed a sponge was left behind during the hysterectomy. Gossett then underwent a second surgery to remove her ovaries and fallopian tubes and to remove an abscess that had formed and caused a serious infection.
Gossett now requires a morphine pump because of permanent nerve damage and can no longer maintain gainful employment.
If you have suffered due to medical malpractice in Columbus or anywhere in Ohio, please contact Robert W. Kerpsack, Co., L.P.A. today.
posted by
Lynn
at
9:23 AM
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Wednesday, September 3, 2008
How Can An Attorney Help Me After My Car Accident?
Being involved in an automobile accident is, perhaps, one of the most stressful events that can happen to a person, and when there are serious injuries, that stress is only compounded. Approximately one-fifth of people involved in automobile collisions experience symptoms involving the head and neck region, and quite often, those symptoms do not appear until days or even weeks after the accident. Although some people recover quickly from the injuries they sustained in an accident, many do not and may develop chronic conditions that result in severe pain and even some kind of permanent disability.
Following automobile accidents, people may experience a range of symptoms including neck and back stiffness and/or pain, headaches, shoulder pain and/or stiffness, pain between the shoulder blades, pain/numbness in the arms or hands, sleep disturbances, and difficulty with memory and concentration. The first thing anyone should do following an automobile accident is be examined by a physician.
Because automobile accidents may involve personal injuries and property damage, knowledge of insurance law is crucial should you have to pursue a claim involving monetary recovery either from your insurance company or that of another driver involved in the collision. An experienced personal injury attorney will advise you on what, if any, valid insurance claim you have against an insurance company.
Deciding negligence in an auto accident means determining who was at fault or who caused the accident. In some situations, however, accidents are not necessarily caused by other drivers. An auto accident can occur due to a manufacturing defect such as a defective tire or steering mechanism. Improper repair to a car may cause an accident; in these cases, the injured party is still eligible for benefits if certain criteria are met.
Following an accident, you should not hesitate to call upon an experienced personal injury attorney to help you sort through the insurance paperwork and claims package.
If you or a loved one has been in an automobile accident in Columbus or anywhere in Ohio, please contact Robert W. Kerpsack, Co., L.P.A. today to schedule your confidential consultation.
Following automobile accidents, people may experience a range of symptoms including neck and back stiffness and/or pain, headaches, shoulder pain and/or stiffness, pain between the shoulder blades, pain/numbness in the arms or hands, sleep disturbances, and difficulty with memory and concentration. The first thing anyone should do following an automobile accident is be examined by a physician.
Because automobile accidents may involve personal injuries and property damage, knowledge of insurance law is crucial should you have to pursue a claim involving monetary recovery either from your insurance company or that of another driver involved in the collision. An experienced personal injury attorney will advise you on what, if any, valid insurance claim you have against an insurance company.
Deciding negligence in an auto accident means determining who was at fault or who caused the accident. In some situations, however, accidents are not necessarily caused by other drivers. An auto accident can occur due to a manufacturing defect such as a defective tire or steering mechanism. Improper repair to a car may cause an accident; in these cases, the injured party is still eligible for benefits if certain criteria are met.
Following an accident, you should not hesitate to call upon an experienced personal injury attorney to help you sort through the insurance paperwork and claims package.
If you or a loved one has been in an automobile accident in Columbus or anywhere in Ohio, please contact Robert W. Kerpsack, Co., L.P.A. today to schedule your confidential consultation.
posted by
Lynn
at
9:32 AM
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Tuesday, September 2, 2008
Woman Misdiagnosed with HIV Awarded $2.5 Million
A Massachusetts woman was awarded $2.5 million in damages because she received HIV treatment for nine years when, in fact, she was misdiagnosed and does not even have the deadly virus. In her lawsuit against a doctor who treated her, Audrey Serrano, 45, she the potent combination of drugs she took caused a string of medical/psychological problems including depression, fatigue, weight loss, and inflammation of the intestine.
Serrano’s attorney said Dr. Kwan Lai, who treated her at the University of Massachusetts Medical Center in Worcester’s HIV clinic, repeatedly failed to order definitive tests even after monitoring of Serrano’s treatment did not show the presence of HIV in her blood.
The jury reached its verdict after two days of deliberations; the damages could total nearly $4 million including prejudgment interest. Ms. Serrano filed the lawsuit in after she became suspicious of her diagnosis and had herself tested at another hospital.
If you or a loved one has suffered due to someone else's negligence anywhere in Ohio, please contact the office of Robert W. Kerpsack, Co., L.P.A. today to schedule your confidential consultation.
Serrano’s attorney said Dr. Kwan Lai, who treated her at the University of Massachusetts Medical Center in Worcester’s HIV clinic, repeatedly failed to order definitive tests even after monitoring of Serrano’s treatment did not show the presence of HIV in her blood.
The jury reached its verdict after two days of deliberations; the damages could total nearly $4 million including prejudgment interest. Ms. Serrano filed the lawsuit in after she became suspicious of her diagnosis and had herself tested at another hospital.
If you or a loved one has suffered due to someone else's negligence anywhere in Ohio, please contact the office of Robert W. Kerpsack, Co., L.P.A. today to schedule your confidential consultation.
posted by
Lynn
at
9:05 AM
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