Indiana Injury And Family Lawyer Blog

November 17, 2010

Indiana Lawsuit for Laser Eye Surgery Denied and Appealed

A medical malpractice Indiana lawsuit was filed against Dr. Schraut, a retinal ophthalmologist located in Lafayette, Indiana by Mr. Paul Arlton of Indiana following his laser eye surgery in 2002. However, Mr. Arlton lost the lawsuit so his attorneys are filing an appeal based on the contention that jurors did not receive certain medical images that would have otherwise supported Arlton’s claim.

Mr. Paul Arlton had seen Dr. Schraut because of an eye condition known as choroidal neovascularization in his left eye. This condition occurs when there is abnormal blood vessel growth and can cause vision loss or blindness, when left untreated. In 1987, Arlton had undergone laser eye surgery to destroy the abnormal growth of blood vessels. However, treatment was not 100% successful due to resulting scar formation which created a blind spot in Arlton’s vision.

In November 2002, Dr. Schraut performed laser eye surgery on Arlton’s left eye due to the reoccurrence of his choroidal neovascularization. Mr. Artlon understood the risk of unexplained vision loss following surgery, but wanted to proceed with the procedure. This procedure was not successful as well. Arlton had 20/15 vision, with a blind spot in his vision before surgery, but had 20/400 vision, periodic double vision, eye pain and headaches following surgery with Dr. Schraut. The results of the surgery have been remedied with Arlton’s use of eyeglasses that have a prism, but Artlon feels his reading speed has been significantly reduced.

November 12, 2010

Indiana Nose Surgery Doc Facing Hundreds of Medical Malpractice Cases

by Burton A. Padove

Thousands of surgeons perform nose surgery, but the level of training and expertise varies among surgeons. In fact, there are over 150 self designated boards in plastic surgery, but the only ones that align with the goals of American Board of Medical Specialties are the American Board of Plastic Surgery, the American Board of Facial Plastic and Reconstructive Surgery American Board of Otolaryngology. These factors can make it difficult for people interested in nose surgery to select the right nose surgeon. Yet, it is not typical to find a nose surgeon who is faced with more than 300 medical malpractice cases, as is the case for Mark Weinberger, also known as “The Nose Doc”.

In August 2010, a Lake Superior Court put forward a $300,000 medical malpractice verdict against Mark Weinberger. This case involved William Boyer, 58, of Gary, Indiana who was told by Mark Weinberger that he needed surgery to repair bloody sinuses. Conversely, Mark Weinberger presented photos of another patient who needed surgery to Mr. Boyer, as if the photos were Mr. Boyer’s photos. Consequently, Mr. Boyer had unnecessary nose surgery. The allegations included that the Merrillville physician had mistreated and misdiagnosed William Boyer. Weinberger had operated the Merrillville Center for Advanced Surgery LLC and Nose and Sinus Centers LLC between November 2002 and 2004.

In 2004, Mark Weinberger was featured on an episode of “America’s Most Wanted because he failed to return from a trip to Greece. In 2006, 22 counts of health care fraud perpetuated against insurance companies were filed in U.S. District Court in Hammond. In total, roughly 300 medical malpractice cases have been filed against the nose surgeon.

November 10, 2010

Risky Donor Blood Cells Recall

by Burton A. Padove

Recently, there have been recalls involving blood products following the discovery that the donor posed a risk injury to any individual who may receive the product. Typically, donors are screened to ensure that they are safe candidates to donate blood. It is not known why the blood products in the recall were distributed following the screening process. Given the traditional screening process, this problem does not usually occur. The following includes a list of the blood products that have been recalled in October and the reason for the recall.

LifeSource, Glenview, IL, Red Blood Cells collected from a donor who emigrated from an area considered endemic for malaria, 2 units. Recall # B-2630-10; Platelets. Recall # B-2631-10.
American Red Cross Southeastern Michigan Region, Detroit, MI Red Blood Cells Leukocytes Reduced collected from a donor for whom donor suitability was not adequately determined, 1 unit. Red Blood Cells Leukocytes Reduced. Recall # B-2586-10.

November 7, 2010

Another Dietary Supplement Recall

by Burton A. Padove

The Meredia Diet Pill has recalled by the Federal Drug Administration on October 8, 2010. Previously, the dietary supplement was banned from Europe and Australia. The drug is manufactured by Abbot Drugs, located in Lake County, Illinois. The reason for the ban and recall is because of very serious side effects associated with the drug. The drug has been known to increase the risk for cardiovascular disorders, strokes and other health issues. This is especially true in patients who had previously suffered from cardiovascular issues in the past.

Now, Acquisitions LLC dba Leiner Health Products, of Carson, CA and Marlyn Nutraceuticals, Inc., of Phoenix, AZ have announced that a large group of their dietary supplements have been recalled due to undeclared soy from a selenium chelate raw material, including:

The Lemon-Lime Flavor Effervescent Tablets Dietary Supplement, 0 tablets per box, distributed under the following names and labels:

November 4, 2010

Class I Recall for Disposable Syringes

by Burton A. Padove

Excelsior Disposable 5mL fill in 6mL prefilled saline flush syringes are supposed to be used for the flushing of venous access devices, such as inserted central catheters and intravenous (IV) lines. However, a batch of these syringes that were distributed in August 2010 has now been determined to create risks for those who require the syringe. There is a risk that the syringe will leak and lose sterility. This problem could lead to an infection in the bloodstream which may result in serious injury or death for users.

The affected batch is limited to the 5mL fill in 6mL prefilled saline flush syringe with Normal Saline (0.9% Sodium Chloride), including the following product code numbers:

• E0100-50

November 2, 2010

Nicotine Tablet Warning

by Burton A. Padove

First, congratulations! If you’ve decided to quit, you are one step closer to healthy living. But if you’ve decided to use nicotine tablets, you’ll want to heed this warning. There are new dissolvable nicotine tablets on the market that are touted to be a substitute for smoking. These tablets are quite flavorful, such as with cinnamon or mint. But they may be so appealing that they are easy for children to get their hands on, creating some serious risks.

Researchers at the Harvard School of Public Health have determined that a one year old who eats ten tablets of nicotine will suffer severe neurological damage. The study results appeared in the journal Pediatrics and was supported by the Food and Drug Administration as well as the Centers for Disease Control and Prevention.

Nicotine is a powerful addiction. It is a stimulant and a relaxant that works by going from the lungs to the brain within seven seconds and transmits messages which prompt an increased release of several chemical agents. These increases enhance concentration, alertness, and arousal, while reducing anxiety and stress. These unnatural benefits may be why the American Heart Association has denounced nicotine addiction indicating it is one of the hardest habits to break, as difficult as heroin and cocaine. So, it’s no surprise if you’ve tried nicotine tablets.

October 27, 2010

Pats Exotic Beverages Inc. Recalls Several Beverages

by Burton A. Padove

The New York State Agriculture Commissioner has alerted consumers about Pats Exotic Beverages recall of all Carrot Juice beverages, Carrot Beet beverages, Carrot Limes beverages and Cucumber beverages. This is because it has been uncovered that the beverages have not been adequately processed and consequently, may contain harmful food pathogens.

Food borne pathogens can cause a variety of illnesses and symptoms, including: vomiting, abdominal cramps, nausea, diarrhea, fever, headaches, muscle pain, muscle weakness, or life threatening illnesses and death.

The New York State Department of Agriculture and Markets Food Inspectors discovered the risk of contamination following an inspection of Pats Exotic Beverages manufacturing processes. The department found that Pats Exotic Beverages did not have the required processes in place in order to control food pathogens. All sales of Pats Exotic Beverages have been suspended.

October 22, 2010

Another Tylenol Recall

by Burton A. Padove

There’s another Tylenol recall. This time it is the company’s 8 Hour Caplets 50 Count, lot number BCM155. McNeil is recalling TYLENOL 8 Hour caplets 50 count bottles from retail shelves following a number of complaints about an odor being emitted from the bottles.

This unhealthy odor is a moldy, musty smell that has been linked to trace amounts of the chemical known as 2, 4, 6-tribromoanisole. To date, several people have reported illnesses due to taking the affected lot. While these illnesses have not been life threatening, it is still important to protect the public from harm. The types of symptoms that were reported include: nausea, vomiting and diarrhea.

Typically, 2, 4, 6-tribromoanisole is a chemical treatment used for wooden pallets. 2, 4, 6-tribromoanisole is a contaminant in the affected Tylenol lots. According to the Journal of Agricultural and Food Chemistry, 2, 4, 6-tribromoanisole is a common agent that is in harmful foods. 2, 4, 6-tribromoanisole is created by interaction of the fungus Paecilomyces variotii with the fungicide 2, 4, 6-tribromophenol.

October 19, 2010

Recall from Wal-Mart and Kroger Stores for Frozen Peas and Mixed Veges

by Burton A. Padove

Broken glass has been found in Pictsweet’s 12 ounce frozen peas and mixed vegetables sold at Wal-Mart and Kroger stores. To date, the company suspects that 24,000 pounds of these peas and mixed vegetables have been affected. This is a voluntary recall that Pictsweet initiated to protect the public from harm. The recall was launched after the company found glass fragments in four 12 ounce packages of the frozen peas and mixed vegetables.

No injuries have been reported as of now. However, clearly the broken glass fragments could cause harm if the affected lot number of peas and mixed vegetables are eaten. It is suspected that the affected lots have reached Kroger stores in the Southeast and Wal-Mart distribution facilities located east of the Rocky Mountains. There is a chance that the affected lots of frozen vegetables have reached Wal-Mart stores. The FDA has advised that the vegetables not be eaten.

If you have any of the following lot numbers of Pictsweet peas or mixed vegetables, you are advised to contact the manufacturer about a refund.

October 15, 2010

MEREDIA DIET PILLS Recalled

by Burton A. Padove

The Meredia Diet Pill has recently been recalled by the Federal Drug Administration. On October 8, 2010, this drug was removed from the United States Market, including Illinois and Indiana. Previously, the Meredia Diet Pill had been banned from Europe and Australia. The drug is manufactured by Abbot Drugs, located in Lake County, Illinois.

The pill’s generic name is Sibutramine Hydrochloride Monohydrate and has been sold under the brand names of Reductil and Sybutrex.

There are very serious side effects associated with this drug. The drug has been known to increase the risk for health issues such as cardiovascular issues and strokes. This is especially true in patients who had previously suffered cardiovascular issues in the past.

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