Personal Injury and Social Security Disability Blog

Friday Fun

We all know about a "pride" of lions, and a "colony" of bats. But what about a "bloat" of hippopotamuses? A "romp" of otters? All these and many more can be found at Animal Congregations, a service of the Northern Prairie Wildlife Research Center.

Glaxo Agrees to Pay $750 Million to Settle Defective Drug Suit

The CBS Evening News reported, "Glaxo-Smith-Kline agreed to pay $750 million to settle a case involving defective drugs, including the anti-depressant Paxil [paroxetine]."

NBC Nightly News reported pointed out that company "admits it sold drugs of questionable safety made at a huge plant in Puerto Rico." It "now admits some were mislabeled in wrong packages, others were made too weak or too strong. The lawsuit was initiated by a company whistle blower, a former manager of quality control."

The New York Times reports on its front page, "GlaxoSmithKline, the British drug giant, has agreed to pay $750 million to settle criminal and civil complaints that the company for years knowingly sold contaminated baby ointment and an ineffective antidepressant." In total, GlaxoSmithKline "sold 20 drugs with questionable safety that were made at a huge plant in Puerto Rico that for years was rife with contamination." Justice Department officials announced the settlement Tuesday, "saying a $150 million payment to settle criminal charges was the largest such payment ever by a manufacturer of adulterated drugs." The "outcome also provides $600 million in civil penalties."

The AP reports that GlaxoSmithKline "allowed several drugs to be adulterated between 2001 and 2005, including Paxil CR, a skin-infection ointment called Bactroban [mupirocin], and an anti-nausea drug called Kytril [granisetron]." The company said "that it regrets operating the plant in a manner that violated good manufacturing practices," noting that "the plant closed in 2009 due to declining demand for the medicines made there." The federal investigation "began after Cheryl Eckard, the company's global quality assurance manager, went to the Food and Drug Administration to report problems at the Puerto Rico plant."

From the American Association for Justice news release.

 

Ethan Allen Recalls Drop-Side Cribs Due to Suffocation and Fall Hazards

I'm getting tired of writing about drop-side crib recalls. If you have any drop-side crib, it's dangerous. Check online to find out if there has been a recall of your particular crib. Stop using it if you can.

The latest crib recall by the U.S. Consumer Product Safety Commission is one produced by Ethan Allen, of Danbury, Connecticut. Here is an excerpt from the recall announcement:

Hazard: The crib’s drop-side rail hardware can malfunction, detach or otherwise fail, causing part of the drop side rail to detach from the crib. When the drop-side rail partially detaches, it creates a space between the drop side and the crib mattress. An infant or toddler’s body can become entrapped in the space, which can lead to strangulation and/or suffocation. A child can also fall out of the crib. Drop-side incidents can also occur due to incorrect assembly and with age-related wear and tear.

Incidents/Injuries: Ethan Allen has received five reports of incidents involving the crib’s drop-side detaching, resulting in bumps and bruises to three children. One child became entrapped and two children fell out of the crib after the drop side detached, one child received a pinched hand and one child received an unspecified injury.

Description: This recall involves Ethan Allen brand cribs with item numbers 14-5650, 15-5650, 16-5650, 26-5650, 35-5622, 36-5620, 36-5622 and 38-5622. “Ethan Allen” and the item number are printed on a label on the crib’s headboard or footboard. The cribs were sold in a variety of colors.

Sold at: Ethan Allen stores from January 2002 through December 2008 for between $550 and $900.

Remedy: Consumers should immediately stop using the recalled drop-side cribs and contact any Ethan Allen store to receive a free repair kit that will immobilize the drop-side rail. In the meantime, parents are urged to find an alternate, safe sleeping environment for the child, such as a bassinet, play yard or toddler bed depending on the child’s age.

Consumer Contact: For additional information, contact Ethan Allen toll-free at (888) 339-9398 between 8:30 a.m. and 4:45 p.m. ET Monday through Friday, contact the local Ethan Allen store or visit the firm’s website at www.ethanallen.com.

 

Senator Says Government Should Investigate High-Prescribing Doctors

Medicare fraud is a huge problem in the United States, as I've written about several times before. The good news is that Congress finally seems to be figuring this out — probably because of the federal budget situation. Whatever the reason, any exposure of this situation is good, and Iowa Senator Charles Grassley is calling for a review of doctors with abnormally high rates of prescriptions written for mental health drugs. Here are excerpts from an article in Bloomberg Businessweek:

U.S. Sen. Charles Grassley of Iowa studied Medicare and Medicaid prescription rates from doctors around the country, revealing few consequences for doctors with high prescription rates. The findings include a Miami doctor who wrote nearly 97,000 prescriptions in 18 months for mental health drugs for Medicaid patients and an Ohio physician who wrote about 102,000 prescriptions in two years. A Texas doctor wrote 14,170 prescriptions for the anti-anxiety drug Xanax in 2009, far exceeding other high prescribers in that state.

"The federal government has an obligation to figure out what's going on here. The taxpayers are footing the bill, and Medicare and Medicaid are already strained to the limit," Grassley said in an email to The Associated Press on Wednesday. "These programs can't spare a dollar for prescription drugs that aren't properly prescribed. The conclusion might be that there isn't any fraud, but it's important to reach a conclusion one way or the other and fix whatever is broken."

Grassley sent a letter Wednesday asking Department of Health and Human Services Sec. Kathleen Sebelius to explain how the agency ensures contractors are properly monitoring and reporting the data. He also asked her to explain why "possible overutilizers" are treated differently than those suspected of fraud.

 

Texas Orders Produce Plant Closed After Alleged Link to Four Listeria Deaths

USA Today reports, "Texas officials have ordered a plant that makes cut-fresh produce to close after its chopped celery was linked to at least four deaths and two other illnesses in the state over the past eight months." The move to shutter Sangar Fresh Cut Produce's plant in San Antonio follows "laboratory tests of its celery" that "showed the presence of Listeria monocytogenes, a bacterium that can cause fever, muscle aches, diarrhea and vomiting. It is most dangerous in seniors, pregnant women, newborns and people with weakened immune systems."

The Houston Chronicle reports the state agency has sought the "recall of all of the company's products shipped from there since January." The Chronicle adds, "Officials say there's no indication the celery was shipped outside Texas." The Texas Department of State Health Services "inspectors also found sanitation issues at the plant, including a condensation leak above a food product area, soil on a preparation table and improper hand washing by employees."

The AP, citing an FDA official, said the agency "may decide to expand a recall." Meanwhile, in a statement Thursday, "Kenneth Sanquist Jr., the company's president," said the company "questions the validity of the state's lab results because flawed methods were used to collect its samples." He said "the sample at the plant 'appears' to have been taken by someone not wearing proper lab attire and proper gloves and was transported in an unrefrigerated container." DSHS spokeswoman Carrie Williams said "the agency stands by its analysis and lab results."

Advocates say outbreak may push Senate to pass food safety bill. NPR "Shots Blog" reports, "If contaminated eggs weren't enough, food safety advocates are hoping" the "small but deadly outbreak" in Texas "may tip the Senate towards passage of a bill next month." Erik Olson of the Pew Health Group said, "We need legislation that prevents foodborne illness before it occurs, rather than chasing after illnesses after people have already gotten sick." NPR says "Olson and others - from consumer groups to producers, have called for the Senate to pass the bill, which would increase inspections, amp up the FDA's recall authority, and give it new tools to detect illness before it gets too widespread."

Health groups, farmers at odds over food safety bill amendment. CQ Today reported, "Nine consumer and public health groups are at odds with a coalition of small-farm and rural organizations over an amendment that Sens. Jon Tester and Kay Hagan plan to offer if a major food safety bill moves to the Senate floor in the lame-duck session." CQ says "at issue is an amendment that would address the treatment of small- and medium-sized producers and food facilities in the bill." Although "both sides in the latest dispute...back a bipartisan manager's package that includes protections for small farms, they are divided on how they think the legislation to strengthen" FDA "food safety enforcement powers would affect those producers."

Independent food inspectors said to have conflicts of interest. The Washington Post reports that food retail executives and other industry experts say that the food industry's voluntary quality control system "is rife with conflicts of interest, inexperienced auditors and cursory inspections that produce inflated ratings." Private inspectors "are typically paid by the companies they are inspecting, creating a conflict of interest for inspectors who might fear they will lose business if they don't give high ratings." Additionally, companies can prepare for scheduled inspections, and there are no standards for auditors. In fact, producers who had to recall foods often received top marks in their inspections. According to industry experts, "the flaws in the current system will be difficult to fix as long as companies see food safety as an expense that cuts into profits."

From the American Association for Justice news release.

 

Friday Fun

What are you willing to do for $5.00? Oh, grow up — that's not what I meant. What legitimate skill or talent would you share for five bucks? Find out what other people will do at Fiverr.com.

Toyota to Repair More Than 1.5 Million Cars Worldwide

Here we go again with a Toyota recall. This one is worldwide, and really big. There is apparently a problem with the brake master cylinder seal and fuel pump wiring on Toyota Avalons and other vehicles. Only a couple of months ago Toyota recalled more than one million Corolla and Matrix cars that had defective engine control modules that could cause the vehicles to stall. This brings the total number of vehicles recalled by Toyota in the past year to more than 10 million.

U.S. Seeks Limits on Cadmium for Toys and Jewelry

The Consumer Product Safety Commission has issued a report this week calling for limits to the amount of cadmium that toy and jewelry manufacturers can include in their products. Cadmium fumes can lead to lung disease.

There has been a steady stream in recent months of recalls of toys and jewelry that have toxic levels of cadmium. Retailers from McDonalds to Dress Barn and Claire's Boutiques have been involved. The report indicates that swallowing even small amounts of cadmium is harmful to children. And as all parents know, small children will put any toy or piece of jewelry into their mouths.

The CPSC says that once cadmium is ingested, it can remain in the body, especially in the kidneys and liver, for years.

 

Featured Link - Senior Medicare Patrol

I had occasion last week to listen to an excellent presentation by volunteer Gary Travers, a member of the SMP, or Senior Medicare Patrol program. I have to admit I was not familiar with this group's work, but their goal is to "...teach Medicare beneficiaries how to protect their personal identity, identify and report errors on their health care bills and identify deceptive health care practices, such as illegal marketing, providing unnecessary or inappropriate services and charging for services that were never provided." SMP is funded by the U.S. Administration on Aging.

This is an extremely worthwhile organization, and I believe the volunteers who make educational presentations for SMP genuinely care about the senior citizens and others who receive either Medicare or Medicaid benefits. I didn't detect any hidden messages or sales pitches. SMP just wants people to know their rights and responsibilities, to help seniors guard against identity theft, and to report fraud in the Medicare system. That fraud is rampant among unscrupulous doctors and hospitals, and, along with legitimate billing errors costs taxpayers billions of dollars each year, Here is some information from the SMP site:

Who Are the SMPs?

The SMP programs, also known as Senior Medicare Patrol programs, help Medicare and Medicaid beneficiaries avoid, detect, and prevent health care fraud. In doing so, they not only protect older persons, they also help preserve the integrity of the Medicare and Medicaid programs. Because this work often requires face-to-face contact to be most effective, SMPs nationwide recruit and teach nearly 4,500 volunteers every year to help in this effort. Most SMP volunteers are both retired and Medicare beneficiaries and thus well-positioned to assist their peers.

SMP staff and their highly trained volunteers conduct outreach to Medicare beneficiaries in their communities through group presentations, exhibiting at community events, answering calls to the SMP help lines and one-on-one counseling. Their primary goal is to teach Medicare beneficiaries how to protect their personal identity, identify and report errors on their health care bills and identify deceptive health care practices, such as illegal marketing, providing unnecessary or inappropriate services and charging for services that were never provided. In some cases, SMPs do more than educate: When Medicare and Medicaid beneficiaries are unable to act on their own behalf to address these problems, the SMPs work with family caregivers and others to address the problems, and if necessary, make referrals to outside organizations who are able to intervene.

How They Work

SMPs are funded by the U.S. Administration on Aging (AoA). They receive technical assistance from the National Consumer Protection Technical Resource Center. Financial support from AoA and technical support from The Center are not enough to maintain the accomplishments of the SMPs. SMPs rely on the efforts of thousands of volunteers and hundreds of partnerships at the community, state and national levels. For more details about volunteer opportunities available within the SMP program, click here. If you are interested in ways your organization can partner with SMPs, click here.

SMP activities support AoA’s goals of promoting increased choice and greater independence among older adults. The activities of the SMP program also serve to enhance the financial, emotional, physical and mental well-being of older adults -- thereby increasing their capacity to maintain security and independence in retirement and to make better financial and health care choices. For more information about the SMP program from AoA, click here. To locate an SMP in your area, click here.

 

GM Recalls 300,000 Impalas Due To Seat Belt Problem

General Motors has announced the recall of more than 300,000 Chevrolet Impala sedans because the front seat belts may fail to restrain people in a collision.

The National Highway Traffic Safety Administration says the front-seat belt webbing may not be secured properly to a lap belt anchor on the side of the seat near the doors.

The recall affects 2009 and 2010 Impalas. Owners will be notified later this month and can contact Chevrolet at 1-800-630-2438. If you receive a recall notice your dealer will inspect the seat belts and repair them at no cost.