Lansing Personal Injury Lawyer - Elderly

Eli Lilly Under Fire for Marketing Dangerous Drug to Dementia Sufferers

David Mittleman — Wed, 17 Jun 2009 15:06:42 GMT

Back in 1995, Eli Lilly sent documents to the FDA showing that Zyprexa, an antipsychotic medication, was not proven effective in alleviating symptoms of dementia in elderly consumers. However, Eli Lilly is now facing lawsuits brought by healthcare insurance providers and pension plans who say the pharmaceutical giant should pay as much as $6.8 billion in damages for downplaying Zyprexa’s health risks after they marketed the drug for an unapproved use, specifically to treat dementia, simply to increase their profits.

During the discovery process of the suit, 10,000 internal Eli documents were unsealed that revealed that Eli Lilly began promoting Zyprexa in earnest to dementia patients, although they reportedly had no less than seven studies that proved that Zyprexa was ineffective for treating dementia. In fact, their studies showed that the drug actually contributed to higher death rates amongst the elderly dementia patients that took it in comparison with patients that took a placebo instead. Nevertheless, Eli Lilly launched an intense endorsement campaign of the drug “behind closed doors”, so to speak, otherwise known as “off label promotion”—promotion of an unapproved use of a particular drug.

Some of Lilly’s promotion techniques included hiring “ghostwriters”, where company officials would write bogus medical journal articles touting “scientific studies” that proved the effectiveness of the drug in elderly dementia patients and then had doctors sign off on the studies. In an even more blatant attempt to promote the drug to dementia patients, Lilly employees compiled a go-to guide of scientists that they knew they could count on to write favorable articles on the drug. Finally, further complicating the mess, Lilly allegedly was in cahoots with CVS Caremark Corp. as well—CVS apparently used its access to doctors to market Zyprexa by offering to send 120,000 letters to these doctors promoting the drug if Lilly agreed to pay $5 per letter. CVS is not a defendant in the suit, and Lilly refuses to state whether or not they accepted the letter-sending offer.

Originally posted at InjuryBoard by David Mittleman

Who Pays When Elderly Patients Fall at the Hospital?

David Mittleman — Tue, 16 Jun 2009 13:48:31 GMT

A hospital fall is a common problem, particularly with the elderly, and falls lead to injuries, longer hospital stays and potential lawsuits. In fact, the authors of a recent article published in the New England Journal of Medicine found that as many as one out of five patients fall at least once during their hospital stay. Those falls can result in as much as $4,000 in extra bills.

To remedy this problem, the federal government decided last October to stop payment on Medicare for extra hospital care if a fall is deemed preventable. Doctors feel that this unfairly forces them to use restraints to keep patients from falling, since falls still remain a problem despite their best efforts to prevent them. Many times, doctors argue, falls are caused by impairments that patients already have, or by the treatments or medications they receive.

Whatever the reason for hospital falls, doctors do no want to see a rise in using restraints, particularly since they are cited as the major cause for agitation or delirium in patients, as well as bedsores and breathing problems. The director of the Institute for Aging Research at Hebrew Senior Life has spent 20 years studying ways to prevent delirium and resulting hospital falls amongst the elderly. Her research has shown that minimizing certain medications that increase dizziness or wooziness, scheduling frequent bathroom trips, using lowered hospital beds, and maintaining regular movement, all helped to reduce hospital falls in patients and has kept the use of restraints to a minimum.

Other doctors corroborate her viewpoint, arguing for well-established guidelines to help prevent hospital falls, rather than resorting to restraints. A medical officer and senior adviser in the Center for Medicare and Medicaid stated that the non-payment policy on Medicare actually encourages doctors to use “best practices”, rather than forcing them to rely heavily on restraints to prevent hospital falls.

Originally posted at InjuryBoard by David Mittleman

Elderly Man Causes Head-on Collision Early Sunday Morning

Devon Glass — Sun, 14 Jun 2009 14:32:16 GMT

A 74-year-old Flint Township man is in critical condition after he was involved in a head-on collision on northbound I-475 at 2:30 this morning.

Police reported that the man was driving the wrong way on the highway, when he collided head-on with another vehicle going north near Stewart Avenue in Flint.

The occupants of the other vehicle, two 37-year-olds, are in fair condition in a Flint hospital. Alcohol is believed to have played a role in the accident.

Originally posted at InjuryBoard by Devon Glass

Cold-Related Deaths a Chilling Reminder of Winter’s Danger

David Mittleman — Thu, 12 Feb 2009 16:30:43 GMT

In many parts of the country, this winter has been brutally cold and snowy. This icy weather is more than a mere annoyance or inconvenience, it can be a fatal force of nature that destroys property and ruins lives. Two recent cold-weather deaths underscore the point.

In Illinois, a bereaved family is suing a nursing home after 89-year-old Sarah Wentworth was found dead in the facility’s outdoor common area on February 5. Tragically, Ms. Wentworth froze to death in the bitter Chicago-area cold. The circumstances surrounding the incident are suspicious, as family members claim that Ms. Wentworth was too weak to have left the building on her own. No criminal charges have been filed at this time, but the facility has evidently been investigated by the Illinois Department of Public Health a dozen times in the past year.

This sad case from a nearby state brings to mind the Bay City, Michigan, man who froze to death in his own home last month. Ninety-three-year-old Marvin Schur died "a slow, painful death," according to the Oakland County medical examiner. What makes his story so shocking - indeed, worthy of the national media attention it has received - is the fact that Mr. Schur froze to death after Bay City Electric Light and Power restricted his use of electricity due to unpaid bills. The utilities provider installed a "limiting" device, which shuts off power if consumption is too high and must be reset. It is unclear whether 93-year-old Mr. Schur had been shown how to reset the device. What is clear is that the temperature in his home was below 32 degrees when his body was found.

While the young and the elderly are particularly at risk for cold-weather injuries, they can happen to anyone. Outdoor activities in chilly weather can quickly deteriorate into a fight for survival. Be alert for the signs of hypothermia and take immediate action if you suspect you or a friend is suffering from the condition.

Originally posted at InjuryBoard by David Mittleman

Nursing Home Neglect Results in Death

David Mittleman — Wed, 31 Dec 2008 09:03:00 GMT

A wrongful death suit has been filed on the behalf of a 72-year-old Stillwater, Minnesota man. Dean Cole spent 21 days in the Golden Living Center Greeley before he died of extreme dehydration. Mr. Cole lost 20 pounds in 20 days and lost 10 liters of water. The deprivation of food and water caused Mr. Cole's kidneys and brain to shut down.

Mark Wandersee of the Eldercare Rights Alliance believes the Nursing Home staff could have prevented Mr. Cole's death by more attentively monitoring his meals. Mr. Cole suffered from Dementia, which impaired his ability to engage in ordinary activities, such as eating. The nursing staff was well aware that Mr. Cole was not eating. In fact, the staff made several notations in his file that indicated that the "resident picks at food," "needed to be fed for supper," was "not eating well." and that he was "refusing to eat."

To ensure the safety and well-being of your loved ones, it is essential to research the quality and reputation of the nursing home in which you wish to place them. Every facility is different and treatment varies from home to home. InjuryBoard has provided a helpful article indicating ways to prevent unfortunate instances such as those that tragically ended Mr. Cole's life. The article advises with regard to: how to choose the right facility; how to prevent abuse and neglect; how to identify elder neglect; the steps to take after discovering abuse or neglect; and the various legal issues that arise from abuse and neglect.

Originally posted at InjuryBoard by David Mittleman