New York City Personal Injury Lawyer - Medical Malpractice

Mother of Three Brain Dead from Spa Procedure

Paul Napoli — Mon, 05 Oct 2009 10:24:44 GMT

October 4th, 2009

The family of Rohie Kah-Orukotan, a 37-year-old nurse and mother of three, struggle with the decision of taking her off life support at after she suffered a complication during a spa procedure that has left her brain dead.

On September 25th, Kah-Orukotan went to a beauty spa, Weston Medspa of Westin, FL, for a routine liposuction procedure. Dr. Omar J. Brito Marin performed the procedure, but complications arose at the very end, which caused a seizure and rendered the patient unresponsive. Dr. Brito’s attorney states that the doctor immediately administered emergency care and called 911. It is unclear what types of emergency procedures or equipment the Weston Medspa had in place, but medspas are not required to have special emergency procedures or a crash cart filled with medications and equipment because they are not licensed for office surgery. Kah-Orukotan was taken by ambulance to Cleveland Clinic, where she has remained hospitalized on life support and certified brain dead.

Liposuction is not a service listed on the company’s website, nor is Weston Medspa licensed by the state for traditional liposuction under general anesthesia. Under state rules, medical offices do not have to be licensed to perform “lite liposuctions” that use only local anesthesia while a patient is awake. It is unclear which type of liposuction procedure was administered to Kah-Orukotan. Dr. Brito has a background in occupational medicine and is not not board-certified or trained in anesthesia or plastic surgery. "Dr. Brito was unaware of the licenses that were obtained by the clinic or the licenses enforced by the clinic," Brian Bieber, Dr. Omar Brito's criminal defense attorney, told ABC's Good Morning America.

According to the Florida Department of Health website, the State of Florida Board of Medicine disciplined Dr. Omar J. Brito Marin in 2006. It also states that Brito elected not to carry medical malpractice insurance and instead agreed to satisfy any adverse judgements up to the minimum amounts required by law.

The Broward Sheriff's Office is investigating the circumstances of the surgery and Dr. Brito’s response to Kah-Orukotan’s medical emergency.
If a person is the victim of medical malpractice and later passes away, then a wrongful death claim may be possible. At Napoli Bern Ripka LLP, we know that dealing with the death of a loved one is difficult. If someone else's negligence has contributed to a loved one's death, contact us at 888-529-4669 to discuss what you can do to recover for the loss.

Originally posted at InjuryBoard by Paul Napoli

Yaz

Oguz Ozdemir — Mon, 24 Aug 2009 23:06:26 GMT

You would have thought that Bayer would have learned from its experiences with its first novel birth control pill, Yasmin. The company came under fire for promoting the birth control as being better than other birth control on the market. And they totally downplayed the risks and side effects from using Yasmin.

So here we go again with the introduction of Yaz, another new birth control that has the same type of progestin in that Yasmin does and also the same type of side effects.

The company was accused of running misleading television commercials that encouraged women to experience the difference chemistry can make. The ads also touted Yasmin as being better than other birth control pills without any documented proof.

With the introduction of Yaz on the scene in 2006, Bayer again ran deceptive ads. Women were shown singing "we're not gonna take it" as they punched away at balloons labeled with premenstrual syndrome symptoms. Then in another commercial the women were shown releasing balloons labeled with premenstrual syndrome singing "Goodbye to You." Both ads were meant to insinuate that Yaz was the reason they were no longer suffering from PMS symptoms.

The Food and Drug Administration does not allow you to promote a drug as a treatment for something that it is not approved for. In addition, Bayer again undermined the serious side effects that were reported as a result of using Yaz. Besides the regular side effects that are common among most birth control medications, Yaz has the added risk of causing an increased potassium level which is a very dangerous side effect.

There have always been serious side effects associated with birth control but it is more serious when woman are not given all the facts to make the right decision for themselves. Not having all the information as to the side effects of these drugs is negligence by omission.

And touting the fact that Yaz and Yasmin are better than any other forms of birth control without any definite or documented proof is frivolous and not something that you would expect for a company like Bayer that you grew up respecting.

It is too bad that so many innocent people have to suffer at the hands of greedy pharmaceutical companies who do know better. So many innocent people fall victim to the side effects of FDA approved drugs. But to not even know the risks involved when you take a new medication is not something else that we should have to worry about. Full disclosure as to the side effects of a medication should be mandatory by the Food and Drug Administration and taken a little bit more seriously.

If you have fallen victim to the side effects of Yaz and were not aware of them when you began taking this birth control you should contact the lawyers at Napoli Bern Ripka at 1-888-LAW-IN-NY. This form of negligence has put so many people at risk. Give us a call or fill out our Quick Contact form on our website.

Originally posted at InjuryBoard by Oguz Ozdemir

Yasmin

Oguz Ozdemir — Mon, 24 Aug 2009 23:04:45 GMT

Yasmin is a popular form of birth control that was developed by the Bayer Company as a different kind of birth control. Different it was alright. It had a different type of progestin called drospirenone. The company looked at it as a good thing even though they were not sure exactly how different the side effects of Yasmin would be.

With their ads claiming that Yasmin was better than other types of birth control pill it actually used the progestin to hype the benefits asking women to see "the difference that a little chemistry could make." Bayer made it into a positive thing when it actually turned out to be more serious side effects.

The risks of using birth control pills have been well known for years and include heart problems, high blood pressure and stroke. The side effects of Yasmin include the possibility of a heart attack, cardiac arrhythmia, stroke, kidney failure, gallbladder disease, blood clots, pulmonary embolisms, seizure and deep vein thrombosis.

Most women know the risks and make their choices accordingly. But not having the proper information to base your decision on is not right. It is reminiscent of the tobacco company ads in the early years when they showed the benefits of smoking.The Food and Drug Administration reported over 50 deaths from women who used Yasmin as their birth control. Many of the deaths were caused by increased potassium levels in the blood. This increased potassium leads to a disease called hyperkalemia. Some of the women who died were as young as 17 years old.

The FDA did require Bayer to change their advertising and cease the false claims in 2003. The warning letter accused the company of being misleading. Between not knowing exactly what the "chemistry" was in Yasmin, the lack of proof that it was a better form of birth control than what was already out there and the downplayed side effects, Bayer had to completely revamp their ads for Yasmin.

In the past eight years that Yasmin has been on the market many women have suffered from some of the serious side effects of this birth control pill. While the purpose of birth control pills is to prevent pregnancy, the side effects shouldn't outweigh the benefits of using the medication. There are more and more women who are filing law suits as a result of the deception by the Bayer Company.

If you have used or are still using Yasmin birth control and have suffered from any type of side effects as a result you may want to contact the law firm of Napoli Bern Ripka at 1-888-LAW-IN-NY. We have experienced attorneys who can counsel you and advise you as to what course of action you may want to take. You may be entitled to compensation as a result of the negligence of a major pharmaceutical company.

Originally posted at InjuryBoard by Oguz Ozdemir

Reglan

Oguz Ozdemir — Mon, 24 Aug 2009 23:03:01 GMT

Let's face it, there are commercials on the television every day regarding heartburn, acid reflux and many other gastrointestinal disorders. A pill or tablet is shown as the solution and it is meant to be taken right before or even after a meal to resolve the discomfort.

Well there are prescribed medications that are meant to help with these situations as well as some more sever disorders. Reglan, or metoclopramide, is used to treat GERD or acid reflux disease as well as to control diabetic gastroparesis and prevent surgical and chemotherapy patients from enduring the nausea and vomiting that are commonplace under both situations.

Each of these situations has its level of severity but none seem to be as bad as one of the side effects that can come about as a result of using Reglan. There has been an increase in reports that patients that have used Reglan for a prolonged period of time - more than 12 weeks - have been at risk for a Parkinson's like disease called tardive dyskinesia.

This condition is induced by medications and using neuroleptic drugs for long periods of time. Tardive dyskinesia is a very serious disorder and may be irreversible and permanent. The symptoms of this disease include extreme twitching and jerking movements, grimacing facial expressions, repetitive chewing, sticking the tongue out and swinging the jaw.

In 2009 the Food and Drug Administration required the makers of Reglan to add a Black Box warning alerting patients to the risk of contracting tardive dyskinesia with prolonged use of Reglan. The FDA is also requiring the manufacturers of Reglan to provide a risk evaluation and a medication guide that explains the possibility of contracting tardive dyskinesia through prolonged use of Reglan.

No one should have to suffer form the seriousness of an illness like tardive dyskinesia and especially not to control heartburn or acid reflux. The FDA only steps in and requires companies to add Black Box warnings when cases start to increase and their validity can be confirmed.

The problem is by the time reported cases mount and the FDA continues issuing increased alerts, more and more people are becoming unnecessarily to a potentially permanent nervous disorder that will forever change their life. It a patient ends up with tardive dyskinesia and it does not reverse itself, this person may be unable to work in the future. Besides suffering from an uncomfortable and life altering illness, the patient's earning capacity and the ability to provide for his or her future or the future of their families could be diminished or even non-existent.

Do you suffer from any of the gastric disorders listed above for which you took Reglan and suffered side effects? Have you contracted tardive dyskinesia as a result of using Reglan? You should take the time to speak with one of the attorneys at Napoli Bern Ripka to decide exactly what your rights are as a victim. Call 1-888-LAW-IN-NY for a free consultation. You should do it for yourself as well as for your family.

Originally posted at InjuryBoard by Oguz Ozdemir

Levaquin

Oguz Ozdemir — Mon, 24 Aug 2009 23:01:01 GMT

The use of antibiotics has grown by leaps and bounds in the past decade. As each new illness comes on the scene stronger and stronger medications are being developed to control and cure these infections. The problem is the more illnesses and infections we are being cured by high doses of antibiotics the lower our resistance to any types of infection seems to be.

So the importance of keeping major antibiotics on the forefront of the pharmaceutical scene is key to most drug manufacturers. You can almost always get free samples of the newest medications from your physician and some stores even give free antibiotics with a doctor’s prescription.

The problem is that many of these antibiotics, though they were created to treat infections, often do more harm as a result of their side effects than the infection you were suffering from in the beginning. So is the case of the antibiotics in the fluoroquinolone category. This group includes: Ciprofloxacin (Cipro), and extended release form of Ciprofloxaxin called Cipro XR or Proquin XR, Gemifloxacin (Factive), Levofloxacin (Levaquin), Moxifloxacin ( Avelox), Norfloxacin (Noroxin) and Ofloxacin (Floxin).

It has been reported that the use of these antibiotics gives patients a greater risk of ruptured tendon, ruptured Achilles heel and many other tendon injuries. To date, the one drug in particular that has been most closely linked to these tendon problems is Levaquin. This medication is manufactured by Ortho-McNeil, a division of Johnson & Johnson.

In 2006 a patient advocate and consumer group pushed the FDA to warn people about the dangers of using Levaquin and the increased risk of tendonitis and ruptured Achilles heel. There have also been reports of tendon ruptures in the rotator cuff area of the shoulder, the upper arms and the hands.

Two years later the FDA, which originally approved Levaquin in 1996, required the makers of the drug to include a Black Box warning on the labels alerting people to the possibility of suffering from tendonitis, ruptured Achilles heel or other tendon related injuries. Most at risk in this case are people over the age of 60 and anyone who has received a heart, lung or kidney transplant. You should also avoid using Levaquin if you are taking steroids.

So the real problem is that as with most major pharmaceutical companies, Johnson & Johnson were aware of the serious side effects of Levaquin but they continued to promote their product as the antibiotic of choice. Levaquin is prescribed to treat bacterial infections of the lungs and skin along with urinary tract infections.

Ending up with a painful ruptured Achilles heel just because you took the prescription that your doctor gave you for your urinary tract infection seems to be a pretty high price to pay for getting well. It is sad that so many people have to suffer from the same side effects before any action is taken to warn other so that they might be able to avoid the same fate.

If you feel that you have been a victim as a result of taking Levaquin, please contact the law firm of Napoli Bern Ripka at 1-888-LAW-IN-NY and we will be happy to discuss a plan of action.

Originally posted at InjuryBoard by Oguz Ozdemir

Fake Botox

Oguz Ozdemir — Fri, 21 Aug 2009 01:02:54 GMT

It was a victory for many government officials when a group of five New York plastic surgeons, a head nurse and a practice administrator admitted their guilt in administering fake BOTOX to patients who believed that they were receiving the real thing.

At the U.S. District Court in Albany, New York government attorneys heard and accepted the guilty plea for felony charges amongst the group. The attorneys on hand were United States Department of Justice Attorney Andrew T. Baxter, Assistant U.S. Attorney Thomas A. Capezza, Assistant U.S. Attorney Jason Hadges of the Food and Drug Administration and several investigators with the FDA and Office of Criminal Investigations.

The group who administered the bogus BOTOX was The Plastic Surgery Group, LLP. They admitted giving the fake BOTOX to over 150 innocent victims who believed they were getting the real deal. The group knowingly sold the fake product that was made by an Arizona company, Toxin Research International Inc,

The victims paid a premium price for what they thought were BOTOX and BOTOX Cosmetic which are treatments for wrinkles. But what the victims received was TRI-toxin which is not an approved treatment by them Food and Drug Administration. There was no mention in any of the brochures or informational materials indicating that the injections were not original BOTOX or BOTOX Cosmetic.

For almost a year – from February 2004 to December 2004 – the patients paid The Plastic Surgery Group over $100,000 for the supposed BOTOX treatments.

The judge set a hearing for The Plastic Surgery Group for December 14, 2009 in Albany, New York. The group faces fines up to a half million dollars. They must pay restitution to the 150 patients for misbranding the drug. Each defendant is facing up to one year in prison and up to $100,000 in fines in a separate court hearing on December 15, 2009.

Administering fake products is total negligence and could have resulted in serious side effects for the victims involved. You have to know who you are going to when you decide to go to a plastic surgeon who is going to be giving you an injection. The patients who went to The Plastic Surgery Group never thought that they weren’t getting what they came in for and paid a pretty penny for.

No one should have to suffer because of the negligent actions of another. The fact that these actions were not only negligent there were done purposely is appalling. If you or a friend has been a victim of intentional acts of negligence by someone else, you may want to come in and speak with one of our professional attorneys. They are trained in personal injury, medical malpractice and the misuse of FDA drugs.

Call Napoli Bern Ripka today at 1-888-LAW-IN-NY for a free consultation or go to our website and fill out our quick contact form and we will contact you as quickly as we can.

Originally posted at InjuryBoard by Oguz Ozdemir

Dental Malpractice

Oguz Ozdemir — Fri, 21 Aug 2009 01:00:59 GMT

Most medical malpractice lawsuits are brought against doctors, nurses and hospitals as that is where most treatments are performed and where more of them can go wrong. But there are other health care professionals who are not excluded from medical malpractice.

You may not have thought about dentists but there are any number of things that can go wrong that will have a big affect on the rest of your life. As in any medical malpractice case you must be able to prove negligence and have suffered from damages due to this negligence. Some cases are much easier to prove than others.

There is a case of a woman who went in to get dental implants to improve her smile. The doctor who performed the surgery actually was recording the procedure as part of a training film. The patient was not adequately anesthetized and felt the procedure. In addition, her sinus cavity was invaded, the implants were never put in correctly and even though the patient let them know that she could feel the surgery nothing was done about it. This patient was traumatized and as a result ended up with dentures, years of misery and anxiety attacks.

When you sit in a dentist’s chair for any type of procedure you should know everything you can about him or her before you have any major procedure done. Word of mouth is the best way to find a good dentist as so many people are already apprehensive about going to a dentist.

If you have experienced anything other than what you went to the dentist to have done, you may want to speak to a professional. Sometimes the effects of procedures that are performed on your teeth, gums and even jaw can have further effects down the road.

Make sure that your dentist has the right credentials. And you can always tell a good dentist by the way he treats his patients when performing simple procedures. Dental work is always uncomfortable and with extensive work you can sometimes experience the anesthesia wearing off. Make sure that you have a good rapport with your dentist and he is aware if you are in pain.

If you have become a victim of any type of negligence at the hands of a dentist or any other dental hygienist or assistant you may want to document your side effects and speak with an attorney to see if there is cause to pursue legal action. While medical malpractice is more common that dental, dental can be just as damaging and could include emotional trauma as well.

At Napoli Bern Ripka we have a legal team of experts who can offer you advice if you are considering a malpractice suit against your dentist. Keep in mind that you must be able to prove negligence and have had to experience damaging side effects as a result. The case listed above is a perfect example of all the elements needed to pursue a malpractice case. Give us a call at 1-888-LAW-IN-NY for a free consultation

Originally posted at InjuryBoard by Oguz Ozdemir

Celebrities and Medical Malpractice Lawsuits

Oguz Ozdemir — Fri, 21 Aug 2009 00:57:31 GMT

Recently, actor Dennis Quaid and his wife filed a medical malpractice suit against Baxter Healthcare Corp. (BHC). The case is the result of an overdose of heparin that was given to newborn twins of the couple while they were at Cedars Sinaii Hospital. Heparin is a product that is given to treat hemophiliacs and anyone with infectious diseases, trauma or immune disorders.

The product was mislabeled and the infants received 1,000 times the dose that they were supposed to receive. This type of negligence is even more heartbreaking when you learn that the company became aware of this problem upon the deaths of three other babies.

Improperly produced medications and packaging are a real and serious danger. The Quaids feel that their legal action will bring the dangers of this type of negligence to the forefront and make more people aware of what could happen.

Another celebrity who became a victim of medical malpractice was Ron Springs, running back for the Dallas Cowboys. Ron’s wife, Adriane, has filed suit against a plastic surgeon and anesthesiologist who were negligent in their treatment.

The story is even worse in that Ron Springs was in the hospital originally for a kidney transplant. In 2004 he was put on a transplant list and in March 2006 his best friend and fellow team mate Everson Walls agreed to donate one of his kidneys to Springs. The operation took place in March and was a success. But in October of the same year, Springs was in the hospital for minor surgery for a cyst on his elbow when he went into cardiac arrest and slipped into a coma where he remains to this day.

Hip hop artist Kanye West lost his beloved mother because of the negligence of a plastic surgeon who should never have performed the surgery on Donda West because of her medical history. In 2007 Dr. Jan Adams, performed the breast implant surgery on Donda and she never recovered. Dr. Adams has since surrendered his license. He has been arrested on several occasions for driving under the influence and another time for not paying a previous judgment from another medical malpractice lawsuit.

Celebrities are not above medical negligence. They can suffer the same consequences and loss that everyday people go through. The only good thing is that their very celebrity brings many of these circumstances to the forefront and make more people aware of what is going on out there.

Because of the Quaids, the focus is on proper packaging and dosage of medications, especially for small children. With the Ron Springs case, a more positive focus on the dire need for transplant patients has been highlighted. Most people don’t think about it until someone that they know becomes in need of a donor. You don’t have to know Ron Springs personally to think about becoming an organ donor yourself.

If you ever find yourself or a loved one in the position of being a victim of medical malpractice, please contact the law office of Napoli Bern Ripka at 1-888-LAW-IN-NY for a free consultation. Our main office is located in the Empire State Building. Or you can fill out our quick contact form on our website.

Originally posted at InjuryBoard by Oguz Ozdemir

$10 million Medical Lawsuit Awarded in Texas

Oguz Ozdemir — Fri, 21 Aug 2009 00:53:37 GMT

On July 1, 2009, a jury in Texas awarded a young man a $10 million settlement as a result of a medical malpractice lawsuit against the doctors and hospital that originally treated him for heart surgery.

In 2002, John German, 32 years old mechanic from Houston was admitted to Methodist Hospital to repair a heat valve that was malfunctioning. He came through the first surgery and then had to undergo another surgery to repair the stitches. The third and final operation was to actually implant an artificial heat valve.

During the surgeries, German was given Heparin, an intravenous blood thinner that has recently come under attack because of the consequences from using it. Heparin is used to treat immune diseases, infectious diseases and other chronic illnesses.

As a result of the administering of the Heparin, German developed gangrene. It was triggered by the use of the heparin and the disease results in the cell decay. John German, who entered the hospital to have his heart valve repaired had to have all of his fingers, all of the toes on his right foot and his left leg above the knee amputated. He had been in the hospital from September to December of 2002.

The lawsuit was brought against the hospital, as well as the doctors and nursing staff at the hospital who treated John German. The suit alleges that the nursing staff and doctors were negligent in observing the blood disorder that German developed as a result of the Heparin and a failure to treat it.

The $10 million settlement was spread out amongst the group. The hospital was ordered to pay $5 million and the remaining $5 million was settled by the doctors charged in the case. The hospital denies any wrongdoing and was not happy with the verdict and their attorneys plan on appealing it. The jury determined the percentage breakdown for the doctors.

One positive note was that German’s law suit missed the decision by the Texas legislature that put a $250,000 medical malpractice cap on lawsuits.

But the reality is that this man who earned his living as a mechanic lost all of his fingers as a result of trying to correct a heart valve. The effects of heparin have come under fire and lawsuits are hitting the scene every day. If you have had a recent surgery and had a serious reaction as a result of receiving heparin, please contact our law office at 1-888-LAW-IN-NY. The legal team at Napoli Bern Ripka has experience dealing with medical malpractice cases as well as the repercussions from FDA drugs.

We will be happy to go over a plan that could bring you the compensation you deserve. Call today for a free consultation or fill out our quick contact form on our website.

Originally posted at InjuryBoard by Oguz Ozdemir

Common Terms Used in Medical Malpractice Suits

Oguz Ozdemir — Thu, 20 Aug 2009 00:56:20 GMT

No one ever expects to find themselves in a court of law fighting to get what is legally and morally due to them, but things happen and people are negligent. If you have become victim to medical malpractice due to an incorrect diagnosis, a delayed diagnosis or a misdiagnosis you might have cause to file a medical malpractice suit.

As most people are not familiar with legal terminology until they are thrown into a law suit, here are some terms that you may want to familiarize yourself with if you are considering or are already involved in a medical malpractice lawsuit.

Arbitration. This is a process that is put into effect in an effort to eliminate a court trial. A professional who is involved in the field or area of medicine that the case deals with is brought in to hear both sides in hopes of a resolution.

Claim evaluation. This may be one of the first new words or phrases you may hear if you contact an attorney regarding a medical malpractice lawsuit. The attorney is going to go over all of the details of the case and do a comprehensive evaluation to determine based on all of the information provided if it can be proven that there was indeed negligence by the doctor or medical professional involved. In addition, in order to file a medical malpractice lawsuit you must have suffered as a result of this negligence.

Deposition. You may have heard this word before but not been completely sure what it actually entails. It is the process of interviewing key people who are involved or related to your case. They could be witnesses, medical professionals or anyone involved who would have information that is pertinent to your case. The deposition is held usually in an attorney's office and is documented by a court reporter so that it may be used later for the actual trial or in arbitration.

Good Samaritan Act. This is an act that protects people like emergency personnel from the liability of a lawsuit by the mere fact of performing their job. If emergency or any other medical professionals had to worry about being sued they may not perform their duties during an emergency situation therefore further hampering the condition of urgent patients.

Several or joint liability. This is where liability for the negligence is divided between more than one person. A physician may be liable as well as the hospital that he or she works in.

Medical malpractice is an unfortunate occurrence that many people believe could be prevented. Rest assured, human error is also a real situation and good doctors can make mistakes. That is why a good medical malpractice attorney can evaluate your case to determine if a doctor was negligent in his duties.

If you have ever been misdiagnosed, undiagnosed or a delay in diagnosis resulted in personal illness or injuries, please contact our professional team of attorneys at 1-888-LAW-IN-NY. At Napoli Bern Ripka we have your best interest at heart.

Originally posted at InjuryBoard by Oguz Ozdemir