Central Ohio hospitals report a surge in severely injured patients this year compared to 2010, especially the past few months. The hospitals typically anticipate seeing treating more trauma patients from April to October, which has been dubbed “trauma season.” But this year has been busier than ever. According to the Ohio Department of Safety the most common injuries are falls, vehicle crashes and then assaults. Experts attribute this spike to Ohio’s population growth over the past decade, and also to poor decision making. “We’re a mobile society, and people are doing the darndest things,” said Dr. Doug Paul, trauma director at Grant Medical Center. To view the full article posted by the Columbus Dispatch go to::
Friday, July 29, 2011
Wednesday, July 27, 2011
Beware of What You Post:
We all know that what we post on social media sites are forever out in cyberspace; but could what you post be called into question in a trial? The scary truth, what you post could be used against you. In a recent court decision Zimmerman v. Weis Markets Inc. the plaintiff stated in a deposition that the scar on his leg changed his life dramatically; he was unable to enjoy the life he once had. Defense counsel reviewed the public portion of Zimmerman’s Facebook and MySpace pages and discovered that the plaintiff was going about his normal life. The defense sought access to the nonpublic portions of Zimmerman’s pages, which Zimmerman and his attorneys opposed based on his privacy interests. The court sided with defense counsel noting that “liberal discovery is generally allowable, and the pursuit of truth as to alleged claims is a paramount ideal.” There are still limitations on the scope of discovery, however in today’s society the internet is fair game for information. For more information and discovery tips for counsel view the full article: http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202499810802&Digging_Up_Social_Medias_Treasure_Trove_of_Discovery=&src=EMC-Email&et=editorial&bu=LTN&pt=Law%20Technology%20News&cn=20110719_ltnda&kw=Digging%20Up%20Social%20Media's%20Treasure%20Trove%20of%20Discovery&slreturn=1&hbxlogin=1
Monday, July 25, 2011
Ohio in the News: Major Legal Victory for Healthcare Reform
The story of a Cincinnati Court of Appeals decision hit only one network newscast last week along with a select few major newspapers, but the verdict is widely viewed as a major victory in the healthcare reform battle. On Wednesday of last week a three-judge panel of the US Circuit Court of Appeals for the 6th Circuit in Cincinnati, upheld the constitutionality of a key part of the healthcare reform law – the requirement that all Americans purchase health insurance. The ruling is the first of three expected soon from appeals courts that heard arguments on the new law in recent months. Cincinnati was the fourth federal court to find the law constitutional. However, two other courts said that congress exceeded its powers. So why is this a major victory for those who favor the healthcare reform law? This is the first decision by an appeals court and the first time that a Republican-appointee has voted to uphold the law. For more information regarding this story visit NBC new or go to: http://www.msnbc.msn.com/id/43579556
Monday, July 18, 2011
New Generic Drug Law
SCOTUS Decision in Pliva v. Mensing Affects 70 Percent of All Drug Prescriptions
For the full article see this AAJ announcement with complete drug listing.
FDA NEWS RELEASE
For Immediate Release: July 13, 2011Consumer Inquiries: 888-INFO-FDA
FDA: Surgical placement of mesh to repair pelvic organ prolapse poses risks
Agency says other options may expose women to less risk than transvaginal procedure
The U.S. Food and Drug Administration today issued an updated safety communication warning health care providers and patients that surgical placement of mesh through the vagina to repair pelvic organ prolapse may expose patients to greater risk than other surgical options.
The safety communication also says that with the exposure to greater risk comes no evidence of greater clinical benefit such as improved quality of life.
Pelvic Organ Prolapse (POP) occurs when the internal structures that support the pelvic organs such as the bladder, uterus and bowel, become so weak or stretched that the organs drop from their normal position and bulge or prolapse into the vagina. While not a life-threatening condition, women with POP often experience pelvic discomfort, disruption of their sexual, urinary, and defecatory functions, and an overall reduction in their quality of life.
Surgery to repair POP can be performed through the abdomen or transvaginally, through the vagina, using stitches, or with the addition of surgical mesh to reinforce the repair and correct the anatomy.
”There are clear risks associated with the transvaginal placement of mesh to treat POP,” said William Maisel, M.D., M.P.H., deputy director and chief scientist of the FDA’s Center for Devices and Radiological Health. “The FDA is asking surgeons to carefully consider all other treatment options and to make sure that their patients are fully informed of potential complications from surgical mesh. Mesh is a permanent implant -- complete removal may not be possible and may not result in complete resolution of complications.”
In 2010, there were at least 100,000 POP repairs that used surgical mesh. About 75,000 of these were transvaginal procedures.
The FDA issued a safety communication in 2008 due to increasing concerns about adverse events associated with the transvaginal placement of mesh. Since then, the number of adverse events has continued to climb. From 2008 to 2010, the FDA received 1503 adverse event reports associated with mesh used for POP repair, five times as many as the agency received from 2005 to 2007. The reports don’t always differentiate between transvaginal and abdominal procedures.
The most frequently reported complications from surgical mesh used to repair POP include mesh becoming exposed or protruding out of the vaginal tissue (erosion), pain, infection, bleeding, pain during sexual intercourse, organ perforation from surgical tools used in the mesh placement procedure, and urinary problems. Some reports cited the need for additional surgeries or hospitalization to treat complications or to remove the mesh.
The FDA also conducted a review of scientific literature published between 1996 and 2010 comparing mesh surgeries to non-mesh surgeries. The agency review suggests that many patients who undergo transvaginal POP repair with mesh are exposed to additional risks, compared to patients who undergo POP repair with stitches alone. While mesh often corrected anatomy, there was no evidence that mesh provided any greater clinical benefit than non-mesh surgeries.
FDA recommends that health care providers:
• Recognize that in most cases, POP can be treated successfully without mesh;
• Know that surgical mesh is a permanent implant that can make any future surgical repairs more challenging and can put the patient at risk for additional complications and surgeries;
• Consider that mesh placed abdominally for POP repair may result in lower rates of mesh complications compared to transvaginal POP surgery with mesh; and
• Be sure that patients are aware of the risks and benefits of transvaginal POP repair with mesh, and inform patients if mesh is being used.
The FDA recommends that patients:
• Ask the surgeon before surgery about all POP treatment options, including those that do not involve mesh, and understand why the surgeon may be recommending treatment of POP with mesh;
• Continue with routine check-ups and follow-up care after surgery. Notify the surgeon if complications develop (persistent vaginal bleeding or discharge, pelvic or groin pain during sex); and
• Those who have had POP surgery but don’t know if the surgeon used mesh should find out if mesh was used during their next scheduled visit with their health care provider.
The FDA also announced that an outside panel of experts in obstetrics and gynecology will meet on Sept. 8-9, 2011, to discuss the safety and effectiveness of surgical mesh used to treat POP and stress urinary incontinence (SUI), a leakage of urine during physical activity. The panel will discuss the risk of transvaginal POP repair, clinical studies that may be necessary to address risks and benefits of this type of surgery, and the FDA’s interim recommendations for health care professionals and patients.
“Input from the clinicians, manufacturers and other experts will help the FDA better understand the safety and effectiveness of surgical mesh for POP and SUI repair, including any changes that would improve our oversight,” Maisel said.
Today’s safety communication is limited to the transvaginal placement of mesh to repair POP. It does not address the safety and effectiveness of mesh used to treat SUI or mesh implanted abdominally.
For more information:
FDA: Surgical placement of mesh to repair pelvic organ prolapse poses risks
Agency says other options may expose women to less risk than transvaginal procedure
The U.S. Food and Drug Administration today issued an updated safety communication warning health care providers and patients that surgical placement of mesh through the vagina to repair pelvic organ prolapse may expose patients to greater risk than other surgical options.
The safety communication also says that with the exposure to greater risk comes no evidence of greater clinical benefit such as improved quality of life.
Pelvic Organ Prolapse (POP) occurs when the internal structures that support the pelvic organs such as the bladder, uterus and bowel, become so weak or stretched that the organs drop from their normal position and bulge or prolapse into the vagina. While not a life-threatening condition, women with POP often experience pelvic discomfort, disruption of their sexual, urinary, and defecatory functions, and an overall reduction in their quality of life.
Surgery to repair POP can be performed through the abdomen or transvaginally, through the vagina, using stitches, or with the addition of surgical mesh to reinforce the repair and correct the anatomy.
”There are clear risks associated with the transvaginal placement of mesh to treat POP,” said William Maisel, M.D., M.P.H., deputy director and chief scientist of the FDA’s Center for Devices and Radiological Health. “The FDA is asking surgeons to carefully consider all other treatment options and to make sure that their patients are fully informed of potential complications from surgical mesh. Mesh is a permanent implant -- complete removal may not be possible and may not result in complete resolution of complications.”
In 2010, there were at least 100,000 POP repairs that used surgical mesh. About 75,000 of these were transvaginal procedures.
The FDA issued a safety communication in 2008 due to increasing concerns about adverse events associated with the transvaginal placement of mesh. Since then, the number of adverse events has continued to climb. From 2008 to 2010, the FDA received 1503 adverse event reports associated with mesh used for POP repair, five times as many as the agency received from 2005 to 2007. The reports don’t always differentiate between transvaginal and abdominal procedures.
The most frequently reported complications from surgical mesh used to repair POP include mesh becoming exposed or protruding out of the vaginal tissue (erosion), pain, infection, bleeding, pain during sexual intercourse, organ perforation from surgical tools used in the mesh placement procedure, and urinary problems. Some reports cited the need for additional surgeries or hospitalization to treat complications or to remove the mesh.
The FDA also conducted a review of scientific literature published between 1996 and 2010 comparing mesh surgeries to non-mesh surgeries. The agency review suggests that many patients who undergo transvaginal POP repair with mesh are exposed to additional risks, compared to patients who undergo POP repair with stitches alone. While mesh often corrected anatomy, there was no evidence that mesh provided any greater clinical benefit than non-mesh surgeries.
FDA recommends that health care providers:
• Recognize that in most cases, POP can be treated successfully without mesh;
• Know that surgical mesh is a permanent implant that can make any future surgical repairs more challenging and can put the patient at risk for additional complications and surgeries;
• Consider that mesh placed abdominally for POP repair may result in lower rates of mesh complications compared to transvaginal POP surgery with mesh; and
• Be sure that patients are aware of the risks and benefits of transvaginal POP repair with mesh, and inform patients if mesh is being used.
The FDA recommends that patients:
• Ask the surgeon before surgery about all POP treatment options, including those that do not involve mesh, and understand why the surgeon may be recommending treatment of POP with mesh;
• Continue with routine check-ups and follow-up care after surgery. Notify the surgeon if complications develop (persistent vaginal bleeding or discharge, pelvic or groin pain during sex); and
• Those who have had POP surgery but don’t know if the surgeon used mesh should find out if mesh was used during their next scheduled visit with their health care provider.
The FDA also announced that an outside panel of experts in obstetrics and gynecology will meet on Sept. 8-9, 2011, to discuss the safety and effectiveness of surgical mesh used to treat POP and stress urinary incontinence (SUI), a leakage of urine during physical activity. The panel will discuss the risk of transvaginal POP repair, clinical studies that may be necessary to address risks and benefits of this type of surgery, and the FDA’s interim recommendations for health care professionals and patients.
“Input from the clinicians, manufacturers and other experts will help the FDA better understand the safety and effectiveness of surgical mesh for POP and SUI repair, including any changes that would improve our oversight,” Maisel said.
Today’s safety communication is limited to the transvaginal placement of mesh to repair POP. It does not address the safety and effectiveness of mesh used to treat SUI or mesh implanted abdominally.
For more information:
FDA Safety Communication: UPDATE on Serious Complications Associated with Transvaginal Placement of Surgical Mesh for Pelvic Organ Prolapse 1
The FDA, an agency within the U.S. Department of Health and Human Services, protects the public health by assuring the safety, effectiveness, and security of human and veterinary drugs, vaccines and other biological products for human use, and medical devices. The agency also is responsible for the safety and security of our nation’s food supply, cosmetics, dietary supplements, products that give off electronic radiation, and for regulating tobacco products.
The FDA, an agency within the U.S. Department of Health and Human Services, protects the public health by assuring the safety, effectiveness, and security of human and veterinary drugs, vaccines and other biological products for human use, and medical devices. The agency also is responsible for the safety and security of our nation’s food supply, cosmetics, dietary supplements, products that give off electronic radiation, and for regulating tobacco products.
FDA Cautions Against Using Mesh in Pelvic Organ Prolapse
In treating pelvic organ prolapse, use of mesh, especially if placed transvaginally, "may expose patients to greater risk than other surgical options," the FDA warned this week. The agency estimates there were at least 100,000 prolapse repairs done with mesh last year, most done transvaginally.
The FDA reports that the most frequent complications resulting from mesh include protrusion of the mesh out of vaginal tissue, pain, infection, bleeding, and pain during intercourse. Its review of the literature since the mid-1990s found "no evidence that mesh provided any greater clinical benefit than non-mesh surgeries."
The agency reminds clinicians that mesh placement is permanent and can complicate future procedures in the patient. Also, there is evidence that if mesh must be used, abdominal placement may bring fewer complications than the transvaginal approach. Finally, FDA recommends discussing the risks and benefits of transvaginal repair with patients and informing them if mesh is used.
Full FDA Alert
Friday, July 15, 2011
Wednesday, July 13, 2011
Pelotonia August 19th-21st, 2011
Good luck to the all of this years riders, cyclist and attorneys alike. And let us not for get the importance if Uninsured Motorist coverage on your auto insurance policy. http://www.dispatch.com/live/content/local_news/stories/2011/01/29/bicyclists-family-wants-answers-in-her-death.html
For the full article, see the Sidebar:
http://moritzlaw.osu.edu/alumni/sidebar/article.php?ID=387&type=story&sidebarID=43
For information on the race, visit the site: http://www.pelotonia.org/
Noted from the Columbus Bar Association Blog: http://www.cbalaw.org/blog/?p=381
"The Ohio State University’s Moritz College of Law puts out an e-newsletter entitled, Sidebar. The July issue features a “spotlight” article on Moritz alums at local firms, who are riding in the upcoming Pelotonia ride. The article, “Law Firms, Alumni Hit the Road for Pelotonia,” features, CBA member attorneys from among other firms, Bricker & Eckler; Jones Day; my firm, Porter, Wright; and Vorys. Good going to all who are riding — and those who are supporting the riders!"
For the full article, see the Sidebar:
http://moritzlaw.osu.edu/alumni/sidebar/article.php?ID=387&type=story&sidebarID=43
For information on the race, visit the site: http://www.pelotonia.org/
Monday, July 11, 2011
Flacking for Big Pharma
The drug companies have been quite successful at lobbying for our government. They then set their sights on our health care system. What's next you ask?
"Drugmakers don’t just compromise doctors; they also undermine top medical journals and skew medical research."
The full article is at the American Scholar Website:
Flacking for Big Pharma
"Drugmakers don’t just compromise doctors; they also undermine top medical journals and skew medical research."
The full article is at the American Scholar Website:
Flacking for Big Pharma
Tuesday, July 5, 2011
Ohio Law
KLH is confirmed. We are officially registered our page as:
www.facebook.com/ohiolaw
Please come check us out!
COAJ President's Award
Recently our partner, Sean Harris, was given the 2011 President’s award from the Central Ohio Association for Justice. This prestigious award was given to Mr. Harris who was chosen by the president of COAJ for his outstanding service to the organization. This past year Mr. Harris chaired the Judicial Screening Committee, assembled and moderated the Ethics and Professionalism Seminar, and also put together and moderated the first COAJ/CBA Trial skills seminar. We just wanted to take the time and draw attention to his tremendous accomplishment. Congratulations Sean.
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