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Phoenix Medical Malpractice Law Blog

CDC lowers recommended limit for lead exposure in children

The New York Times (5/17, A24, Hartocollis, Subscription Publication) reports, "For the first time in 20 years, federal health authorities have lowered the recommended limit for lead exposure in young children, which they say could add 200,000 children to those believed to have unsafe lead levels in their blood." The recommendation, "announced by the Centers for Disease Control and Prevention on Wednesday and applicable to children under six, lowers the threshold to five micrograms of lead per deciliter of blood, from 10 micrograms per deciliter." Christopher Portier, director of the CDC's National Center for Environmental Health, "said that the new standard was based on the lead levels in the highest 2.5 percent of children and that it represented a shift in policy, to a public health approach focusing on prevention, from a more clinical approach to lead poisoning."

USA Today (5/17, Weise, Young) reports, "The new guidelines are based on recommendations made by the CDC's Advisory Committee on Childhood Lead Poisoning Prevention work group." As many as "365,000 more children across the USA will be considered at risk of lead poisoning under" the "new guidelines."

The AP (5/17, Stobbe) reports, "Under the old standard, lead poisoning in children had been declining in the US. Experts estimated that somewhere between 77,000 and 255,000 children had high levels of lead, though many of them are undiagnosed."

The Wall Street Journal (5/17, Martin, Subscription Publication) reports that even low levels of lead in a child's bloodstream can cause symptoms, such as hyperactivity or stomachaches, according to Portier, who said, "We don't see any research that suggests a threshold for the effects of lead in children."

If you know of someone who has experienced injuries to children as a result of medical neglect or a defective product, contact the Law Office of Robert H. Kleinschmidt at 480-951-3949 or www.azmedmalatty.com.

National malpractice payouts last year totaled $3.68 billion

On the InjuryBoard blog (5/10, Stratton), an entry noted that while healthcare costs "have quadrupled in the last 20 years, and are estimated to be well over" $2 trillion, medical malpractice awards "have gone up less than 1% a year since 1992, and represent in 2011 just $3.6B in total payouts." Last year's payouts were 25% below the high-water of $4.6 billion, set in 2003. That amounts to one-quarter of one percent of 1% of the nation's healthcare expenditures.

FDA wants companies to consider child safety when designing imaging equipment

ABC World News (5/9, story 8, 2:45, Sawyer) reported on "a new warning issued today about radiation from CAT scans and x-rays. The FDA says they are concerned about children exposed to radiation at levels used on adults and they are calling for urgent action." ABC Medical Editor Dr. Richard Besser said, "I asked the FDA what took so long?" According to the FDA's Thalia Williams, "Standards and research need to reach a certain level and we believe there is now a body of clinical evidence that supports our guidance to manufacturers."

The AP (5/10) reports, "Under the FDA's proposal, new medical imaging devices would come with dose settings and instructions for children of different ages and sizes -- or be labeled not for pediatric use." Although "the guidelines wouldn't require changes to existing scanners, those eventually would be upgraded and fall under the same standards." In many instances, "it's possible to diagnose fine while using a fraction of the typical radiation dose, said" Dr. Marta Hernanz-Schulman, "of Vanderbilt University, who chairs the American College of Radiology's pediatric imaging commission."

USA Today (5/10, Szabo) reports that kids "may be especially vulnerable to radiation, because their cells are still growing and dividing, says...Hernanz-Schulman." What's more, "their small size makes it easier for kids to get an overdose. And kids have a long time to live with consequences of radiation, even if a cancer takes decades to develop, Hernanz-Schulman says."

For more information on Injuries to children where legal counsel may be needed contact the law office of Robert H. Kleinschmidt at www.azmedmalatty.com.

FDA warns dietary supplement makers about dimethylamylamine use

MedPage Today (5/2, Petrochko) reports, "The FDA has issued warning letters to 10 manufacturers of dietary supplements that contain dimethylamylamine (DMAA) for failing to verify the safety of their products. DMAA is marketed in these products as a 'natural' stimulant and is included on labeling as 1,3-dimethylamylamine, methylhexanamine, and geranium extract, the FDA said in a statement." The FDA explained that the chemical "is known to narrow the blood vessels and arteries, which can elevate blood pressure and may lead to cardiovascular events ranging from shortness of breath and tightening in the chest, to heart attack." It also pointed out that "no current evidence exists showing DMAA is a safe ingredient."

Doctors report number of medical malpractice suits declining

Aunt Minnie (5/2, Yee) reports, "The number of medical malpractice suits filed in the US each year is actually declining, but those that are filed are more severe, said presenters Dr. Richard Daffner and Dr. Leonard Berlin." As the story explains, "To minimize risk, radiologists must remain vigilant about communicating urgent results and documenting their interpretation process, especially because the public's take on of 'standard of care' can be skewed."Hospital Malpractice

Medical conference session says malpractice not the cause of unnecessary care

The Boston Globe (4/26, Conaboy) reports in its "White Coat Notes" blog from the Avoiding Avoidable Care conference that "the message of one panel discussion might have seemed out of place: Medical malpractice is not a primary culprit in the rising cost of medical care." Indeed one expert said that "Malpractice is 'such an unimportant element of what is going on,'" while another said that "the practice of defensive medicine...was not a significant driver." Instead, defensive medicine was attributed "to a cultural fear of uncertainty and anxiety about getting something wrong and being blamed for it, rather than the fear of being sued."Hospital errors

Riding down playground slide in parent's lap may be dangerous for children

 The New York Times (4/24, Parker-Pope) "Well" blog reports, "Although nobody keeps national statistics, orthopedic specialists say they treat a number of toddlers and young children each year with broken legs as a result of riding down the slide on a parent's lap." According to a study published in the Journal of Pediatric Orthopaedics, "nearly 14 percent of pediatric leg fractures over an 11-month period involved toddlers riding down the slide with a parent." The story adds, "To prevent the injury, the best solution is to allow a child to slide by himself, with supervision and instructions on how to play safely." Injuries to children

FDA issues safety warning for Fentanyl patches

CNN's (4/20) "The Chart" blog reports, "The US Food and Drug Administration issued a consumer advisory Thursday, reminding parents, caregivers, and medical personnel of the deadly consequences posed to children from accidental contact with, or ingestion of fentanyl  pain patches, which are marketed under the brand name Duragesic." The agency warning says "there have been 26 incidents of accidental fentanyl exposure since 1997, resulting in ten deaths and 12 cases requiring hospitalization. Most of the cases involved children." In a written statement, Douglas Throckmorton, M.D., deputy director of FDA's Center for Drug Evaluation and Research, said, "This reinforces the need to talk to patients and their families...to make sure that these patches are stored, used and disposed of carefully."

Raw Frozen Yellowfin Tuna Recalled

Raw Frozen Yellowfin Tuna Recalled

A California fish processing company has issued a recall of almost 59,000 pounds of frozen raw yellowfin tuna packaged as "Nakaochi Scrape" linked to a recent Salmonella outbreak. The Centers for Disease Control has reported 116 patients with Salmonella poisoning in recent months, with 81 percent of them reporting the consumption of raw fish before getting sick. The recalled product is used in spicy tuna rolls and in sushi, sashimi or ceviche. Staff Report, United Press International 04/14/2012

Read Article: United Press International

Bayer said to pay $110 million in birth-control cases tied to blood clots

Bloomberg News (4/13, Feeley, Fisk) reports that Bayer AG will pay at least $110 million to settle about 500 lawsuits over claims that its drospirenone and ethinyl estradiol [Yasmin] line of birth-control tablets caused blood clots, according to persons familiar with the settlement agreements. Specifically, "officials of Bayer...agreed to pay an average of about $220,000 a case to resolve the claims that its Yasmin and drospirenone and ethinyl estradiol [Yaz] contraceptives caused sometimes fatal clots that can lead to heart attacks and strokes, two people familiar with the settlement said."

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