BREAST IMPLANT LITIGATION - UPDATE -
On September 17, 2001, the Claims Administration Office will send out an update letter to all registrants for the Dow Corning bankruptcy, or, in the case of those represented by an attorney, to the registrant's attorney. Because of the expense of copying and mailing those letters, and because they contain almost no new information, we will not be sending our clients a copy of that letter.
In short, the letter states that a new Claims Administrator, E. Wendy Trachte-Huber has been appointed, that the plan is still in appeal in the US Sixth Circuit, and that the parties may seek further review by the US Supreme Court. No claims will be paid until the plan completes the appeals process, and no time line is available for that process. However, Judge Hood has ordered that the claims forms must be prepared by January 8, 2002, and be ready for mailing at a time to be decided by the District Court. When we receive the Claim forms, we will forward them to you as quickly as possible. Please be aware the claims forms will not be mailed out until the District Court orders it.
There is nothing you need to do at this time to prepare your claim. Please keep FARIS & FARIS informed of any name, address, and phone changes. If you are planning an explant, be certain to contact our office as quickly as possible. You do not need to send in any medical records unless we contact you to request specific records. You may email Pam Behnen, our nurse paralegal, at pam@faris-faris.com
You Have the Right To Have Your Own Medical Records
You have an absolute right to view your own medical records under Minnesota Statute Section 144.335. Under the statute, you are entitled to obtain a copy of your records from the provider, for purposes of reviewing your current medical care, without cost .
Taking Responsibility; Improving Your Medical Care
We receive many calls each week about bad outcomes stemming from medical treatment. The number of people who die from medical errors in U.S. hospitals each year has been estimated to be up to 98,000 (National Academy of Sciences), compared with 43,501 (Center for Disease Control, 1998) deaths from motor vehicle accidents.
We can each greatly improve the quality of our medical care by following these simple rules: 1) Never go alone to hospital, if you can avoid it. Have a friend or loved accompany you as an advocate in order to protect your interests and to ensure that your questions and concerns are addressed. Have that person take notes about your care. 2) Create a network of your medical providers. When all your doctors are separately ordering treatment and drugs for you without communication, problems can occur. Insist that your doctors call one another and share information. 3) Always take a list of your medications to doctor's appointments for cross-referencing. Avoid bad drug interactions by keeping your doctor fully informed about your medications. 4) Write down your medical history, for your information and for your providers, which you can take with you to appointments and edit as your health changes.
Did You Know?
The largest American drug company, Merck, had profits of $6.8 billion in 2000, which was more than the profits of all the Fortune 500 companies in the airline, food production, entertainment, metals and hotel/casino/resorts industries combined? Pharmaceutical Industry Remains Most Profitable in the Country (from the non-profit Public Citizen organization, www.citizen.org).
S I D S :
The Ongoing Search For the Legitimate Causes of Sudden Infant Death
Earlier this year, the American Academy of Pediatrics issued a statement that all sudden, unexplained infant deaths in the U.S. should be investigated by child abuse experts as potential crimes. This harsh suspect-the-parent perspective was based on the concern that a small portion of the annual 3,000 SIDS deaths could be homicides. Understandably, the AAP policy was met with immediate anger from parents and opposition by the National Association of Medical Examiners.
In the September issue of the journal, Pediatrics, the AAP backed off from the earlier policy. It now suggests, instead, that SIDS deaths should be followed up with investigations that include "appropriate utilization of available medical specialists by medical examiners and coroners."
We hope that this revised policy will help to avoid distressing or stigmatizing the grieving families of SIDS victims, while pursuing the legitimate causes of these tragic losses of children. In fact, there is a growing interest in the role of pharmaceuticals and environmental chemicals in SIDS deaths and we strongly encourage more of these investigations.
FARIS & FARIS recommends: Websites
Education and information are vital to our health. Consumers can become informed about prescription drugs, including avoidable interactions and side effects, at these suggested pharmaceutical-related websites:
MEDLINEplus:
www.nlm.nih.gov/medlineplus
Welcome to RXList:
www.rxlist.com
Internet Mental Health:
www.mentalhealth.com/t30.html
Medizine Drug Index:
www.cix.co.uk/~cyberville/medizine/index.htm
STN - A world of Pharmaceutical Information:
www.cas.org/PHARM/page4.html
Safe, Effective Method to Resolve all types of kids' Behavior issues
The "nurtured heart approach" to addressing kids' behavior problems is being taught locally by school psychologist, Tina Feigal of the MN Center for the Difficult Child. She is providing training and phone coaching to any adult seeking a truly effective technique for creating a positive, effective impact on the self-esteem of intense, or average, kids. Developed by psychologist Howard Glasser and described in his book, Transforming the Difficult Child: The Nurtured Heart Approach , this methodology is excellent for any parent or professional looking to help any child, whether typical or extreme in behavior. Call Tina toll-free at 866-906-0300 or, from the Twin Cities metro area, at 952-906-0300.
Book Review:
Trust Us, We're Experts! How Industry Manipulates Science and Gambles with Your Future, by Sheldon Rampton and John Stauber
Legal Developments in Consumer Medicine
Maine
Connecticut
DRUG WARNINGS!
The FDA has withdrawn certain medications from the pharmaceutical market because of harmful side effects. Please call FARIS & FARIS if you believe you or your loved one have suffered an injury or condition while taking following drugs:
Baycol - (a class of drugs called "statins") Prescribed for treatment of high cholesterol; may cause loss of muscle cells (rhabdomyolosis) and damage to the kidneys.
Oxycontin - (oxycodone)
PPA and ephedra - (phenylpropanolamine) Found in many over-the-counter (OTC) cold remedies and diet aids; may cause strokes. The OTC industry replaced PPA with ephedra last year and, now, it looks like the FDA will demand the withdrawal of ephedra soon, since it also causes damage. Ephedra is found in many sports performance enhancers.
Paxil - (paroxetine HCI) Class action lawsuits have been filed alleging that Paxil is addictive and that the manufacturer, GlaxoSmithKline, knew this and failed to warn consumers. Remember, Paxil must never be given to children under eighteen years of age!
Propulsid - (cisapride) Prescribed for nighttime heartburn and other conditions; this drug causes a heart condition called Long QT Syndrome that can lead to lifetime medical monitoring and possible death. Though not intended for pediatric use, it was often prescribed for infants with colic. The sudden heart failure that could result for a baby may provide the explanation for a SIDS death where the drug had been prescribed.
Fen Phen - (combination of the drugs Pondimon or Redux and Phentermine) A popular weight loss drug which was found to cause heart valve dysfunction and primary pulmonary hypertension.
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