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Life-Threatening Risks Not Disclosed to Study Participants, Govt Finds

Friday, April 12th, 2013

As reported in yesterday’s New York Times, more than a thousand families who allowed their premature babies to receive oxygen treatment as part of a government-funded study were never told by the universities conducting the study of serious risks to the newborns, including blindness and death.

The Office for Human Research Protections — whose job it is to safeguard participants of government-funded studies — sent a letter to the 23 academic institutions that participated in this study, including Yale, Brown Duke and Stanford, raising these concerns.

In total, 1,300 premature newborns participated in this study. About half of the babies were given a high-oxygen course of treatment, and the other half were treated with low-oxygen. The study found that babies in the high-oxygen group were more likely to develop eye disease and blindness, and babies in the low-oxygen group were more likely to die.

Given the extremely premature delivery (prior to 27 weeks gestation) of the babies involved in this study, they were already at higher risk for eye disease and death. Still, the government office’s letter indicates that the oxygen treatment in the study was associated with increased rates of death and blindness.

However, parents of these children were never advised that the risks of participating in this study included blindness and death. This is completely unacceptable and reprehensible.

The law regarding “informed consent” clearly required the universities to advise parents that this type of high-oxygen and low-oxygen therapy may result in increased risk of blindness or death. The failure of these universities to do so is outrageous and may very well serve as a basis for a civil action for negligence or wrongful death.

To speak with one of Passen Law Group’s top-rated attorneys, call us at 312-527-4500.

Tags: Birth Injury, Chicago Wrongful Death Lawyers, Informed Consent, Medical Ethics
Posted in Birth Injury Law, Medical Malpractice, Personal Injury Law, Wrongful Death | No Comments »

Study Finds Brain Imaging Can Predict Pain Intensity

Thursday, April 11th, 2013

Pain and suffering is often difficult to measure, even by the most experienced pain specialists. Patients are typically asked to rate their own pain on a scale of 1-10. Although there are objective ways to confirm physical and psychological injuries consistent with pain, the nature and extent of pain is typically measured by the patient’s own subjective self-reporting.

A new study published in the New England Journal of Medicine finds that brain imaging can be used to objectively assess pain — both physical and emotional pain.

The study involved a total of 114 patients who underwent functional magnetic resonance imaging (fMRI) — a unique and new form of neuroimaging — while being stimulated with heat-induced pain, as well as “social pain.”

What is Functional Magnetic Resonance Imaging (fMRI)?

fMRI is a relatively new form of neuroimaging used to measure brain activity by detecting changes in blood flow that occur in response to certain stimuli. fMRI can identify the parts of the brain that are involved in certain mental processes.

fMRI use is controversial, because it is a relatively new neruoimaging technique. However, fMRI can be extremely beneficial to identifying a brain injury in patients who are symptomatic of neurologic dysfunction, yet have “normal” brain scans using typical imaging techniques.

As the above-mentioned study demonstrates, fMRI can also be extremely helpful in identifying pain.

fMRI to Identify Physical and Emotional Pain

The study found that in those patients who were subjected to heat-induced pain while being imaged with fMRI, a “nerologic signature” emerged: increased brain activity in the thalamus, posterior and anterior insulae, secondary somatosensory cortex, anterior cingulate cortex, periaqueductal gray matter, and other regions of the brain.

Even more interesting, the study found that fMRI was helpful in identifying emotional-related pain — related to depression, post-traumatic stress disorder (PTSD), or other events that cause emotional pain. When subjecting such patients to “social pain,” the fMRI showed that many of the same brain regions were activated as with physical pain.

In general, the study found fMRI to be over 90% sensitive (or accurate) in identifying physical and emotional pain.

This is a huge breakthrough for pain research and treatment for those with chronic and acute pain — both physical and emotional. Based on this research, new treatment may be developed to focus on these specific areas of the brain that are triggered, rather than on the conventional approach to attempting to block pain impulses from getting into the spinal cord and the brain.

At Passen Law Group, most of our clients have experienced significant pain — both physical and emotional — as a result of serious motor vehicle accidents, medical malpractice, and other contexts which produce pain. We welcome these new developments addressed at identifying pain, and hopefully leading to beneficial treatment for pain.

For a Free Consultation with one of our attorneys, Call us at 312-527-4500.

Tags: fMRI, Pain and Suffering
Posted in Aviation Liability, Birth Injury Law, Brain Injury Law, Bus Accident Law, Car Accident Law, Child Injury Lawyer, Construction Liability, Latest News, Medical Malpractice, Motorcycle Injury, Nursing Home Neglect, Personal Injury Law, Police Misconduct, Premises Liability, Product Liability, Spinal Cord Injury Law, Toxic Exposure, Train Accident Law, Truck Accident Law, Wrongful Death | No Comments »

Maker of Meningitis-Tainted Injections May Be Prosecuted

Sunday, December 9th, 2012

Meningitis Steroid Injection 300x168 Maker of Meningitis Tainted Injections May Be Prosecuted Our meningitis injury attorneys have previously written about the outbreak of meningitis found in steroid injections used to treat pain, which sickened scores of people earlier this year. We have encouraged the victims of this negligently-prepared product to seek legal advice immediately.

Now, it appears that civil lawsuits may not be all that the makers of this dangerous and deadly product will face.

This week, the Boston Globe reported that the New England Compounding Center, a company that prepared the steroid injections containing meningitis, is under investigation by a federal grand jury. A grand jury investigation is a preliminary step used to determine whether criminal charges should be filed.

The outbreak occurred this summer and fall, leaving victims sickened nationwide. The outbreak also killed at least 36 of its victims.

The tainted steroids were particularly dangerous because they were intended for injection directly into the spines of patients. Meningitis is a bacterial infection of the membranes of the brain and/or spinal cord. By injecting the tainted materials directly into the spine, physicians inadvertently gave the bacteria access to the location in the body where it could do the most damage, and was the most dangerous. Our experienced injury and wrongful death lawyers believe that, had the steroids been intended for injection elsewhere, the outbreak would have been far smaller.

The grand jury investigation has only just begun, with subpoenas issued to employees and others working for and connected to the New England Compounding Center. Although the grand jury proceedings are closed – and secret – sources connected to the company disclosed the subpoenas to the Boston Globe.

Thus far, federal officials have declined to comment on the case. This includes the U.S. Attorney’s office, which previously raided the pharmacy and was conducting an investigation. But federal District Court Judge Dennis Saylor, the judge presiding over numerous lawsuits against the pharmacy filed in Boston, stated during a hearing this week that there “may” be a current grand jury investigation.

We are pleased to see the grand jury investigation, and hope that charges will indeed be filed against this negligent company, and perhaps its leaders. In the meantime, we urge the victims of this tragedy to continue to place pressure on those responsible by filing lawsuits seeking justice and compensation for the harm they have suffered.

For a free consultation with an experienced Chicago meningitis lawyer at Passen Law Group, call us at (312) 527-4500.

Tags: Epidural Injury, Meningitis Injections
Posted in Personal Injury Law, Product Liability, Wrongful Death | No Comments »

Roller Coaster Safety Exposed in Illinois

Friday, August 24th, 2012

In Illinois, as in most states this time of year, thousands of families flock to amusement parks, carnivals and entertainment centers for the main attraction: roller coasters. Parents spend millions of dollars every year to allow their children, often young children, the thrill of amusement rides, including roller coasters. In return they expect one thing: that the rides are safe.

Parents rely on roller coaster manufacturers, park owners, operators and government regulators to ensure that the rides offered to our children are safe.

However, as a recent Chicago Tribune investigation uncovered, there is hardly any governmental oversight to ensure that roller coasters in Illinois are, in fact, safe for small children. Rather, ride manufacturers are essentially left to their own discretion on how to design and operate their rides.

Compared to other states, Illinois inspectors do not evaluate the safety of a ride’s design. They do not evaluate the safety of restraints — seat belts or other restraints designed to keep children from falling out of the roller coaster. They do not evaluate the safety of height requirements.

The Tribune article noted several recent incidents in which young children were killed after falling from a poorly restrained amusement park. Clearly, stronger safety regulations and oversight is required to prevent these sort of tragic incidents from occurring.

To speak with a top Chicago personal injury lawyer with Passen Law Group regarding an amusement park injury or death, call us at 312-527-4500.

Tags: amusement park injury, coaster death, roller coaster injury lawyer
Posted in Personal Injury Law, Wrongful Death | No Comments »

New Laws Take Effect in Illinois

Friday, January 6th, 2012

On January 1, 2012, 214 new laws went into effect in the state of Illinois. Most laws are highly industry-specific, and will have no bearing on real people or the way they live their lives. But a few govern each of us directly. Others will have a direct impact on our comfort and safety, even if they do not require us to change our lies or behaviors.

For example, one new law modifies Illinois’ seatbelt rules. Now, all passengers riding in the backseat of a car in Illinois are required to wear seatbelts. Our experienced Chicago car accident attorneys know firsthand the safety benefit to seatbelt usage, and are glad to see our lawmakers recognize this important safety measure.

Likewise affecting the daily life of ordinary citizens is the new law, HB S860, allowing motorcyclists to run red lights, if they have stopped and waited a “reasonable” period for the light to change. Although this law may increase convenience for riders, expect an increase in motorcycle accidents as a result. Governor Quinn unsuccessfully attempted to veto this questionable new law (his veto was overridden).

Other new laws which may affect you include:

• Bus Driver Drug and Alcohol Testing: Under HB 147/PA 97-0466, non-CDL holder school bus drivers can be given drug and alcohol testing if there is a reasonable suspicion of use. Other specific testing changes bring state law in line with federal law.

• Commercial Driver’s License (CDL) Medical Requirements: HB 1295/PA 97-0208 again brings Illinois in line with federal law, requiring a current medical certificate before a license is issued. Our trucking accident attorneys are pleased to see this important safety improvement.

• Financial Exploitation of Elders: Our Chicago elder abuse attorneys are pleased to report that HB 1689/PA 97-0482 makes the laws against financial exploitation of Illinois elders, and disabled persons, stricter, by lowering the financial value which will result in felony charges.

• Railroad First Aid Kits: HB 1573/PA 97-0374) requires all railroads to have first aid kits on hand when employees are on board, in the event of a train accident or other mishap.

• SIDS Training: HB 2099/PA 97-0083 mandates that all licensed child care facilities who care for infants and newborns must complete training, every 3 years, on SIDS, safe sleep, and SUID.

• Nursing Home Infectious Disease Control: HB 1096/PA 97-0107 puts procedures in place to prevent the spread of infections and disease in nursing homes.

• Medical Malpractice Information: HB 1476/PA 97-0449 provides greater public access to information about pending medical malpractice complaints or reports before the Illinois medical disciplinary board, and increases reporting requirements.

• Hotel Smoke Detectors: HB 1398/PA 97-0447 requires all hotels to place a smoke detector 15 feet or less from every room used for sleeping.

• Synthetic Cannabis: Our products liability attorneys have previously written about the dangers of synthetic cannabis, often marketed as “incense.” HB 2595/PA 97-0193 makes five different generically-defined classes of synthetic cannabinoids controlled substances.

• Truck Weight Restrictions: SB 1644/PA 97-0201 preempts local rules and makes truck weight and size limits entirely a matter of state law. Our trucking accident attorneys are disappointed to see the ability of local governments to keep roads safe from dangerous, oversized trucks removed.

If you have any questions about a serious personal injury or wrongful death matter, please give us a call us at 312-527-4500 or email us at info@passenlaw.com for a complimentary consultation. You can also learn more by following us on Twitter, reviewing our LinkedIn or Avvo.com pages, and by reviewing our website.

Tags: Chicago Wrongful Death Lawyers, Motor Vehicle Accidents, New Illinois Laws, Personal Injury
Posted in Car Accident Law, Medical Malpractice, Motorcycle Injury, Personal Injury Law, Truck Accident Law, Wrongful Death | No Comments »