BREAST IMPLANT LITIGATION
- UPDATE -
On September 17, 2001, the Claims Administration Office
will send out an update letter to all registrants for the Dow Corning
bankruptcy, or, in the case of those represented by an attorney, to
the registrant's attorney. Because of the expense of copying and mailing
those letters, and because they contain almost no new information,
we will not be sending our clients a copy of that letter.
In short, the letter states that a new Claims Administrator,
E. Wendy Trachte-Huber has been appointed, that the plan is still in
appeal in the US Sixth Circuit, and that the parties may seek further
review by the US Supreme Court. No claims will be paid until the plan
completes the appeals process, and no time line is available for that
process. However, Judge Hood has ordered that the claims forms must
be prepared by January 8, 2002, and be ready for mailing at a time
to be decided by the District Court. When we receive the Claim forms,
we will forward them to you as quickly as possible. Please be aware
the claims forms will not be mailed out until the District Court orders
it.
There is nothing you need to do at this time to prepare
your claim. Please keep FARIS & FARIS informed of any name, address,
and phone changes. If you are planning an explant, be certain to contact
our office as quickly as possible. You do not need to send in any medical
records unless we contact you to request specific records. You may
email Pam Behnen, our nurse paralegal, at pam@faris-faris.com
You Have the Right To
Have Your Own Medical Records
You have an absolute right to view your own medical records
under Minnesota Statute Section 144.335. Under the statute, you are
entitled to obtain a copy of your records from the provider, for purposes
of reviewing your current medical care, without cost .
Taking Responsibility; Improving Your Medical
Care
We receive many calls each week about bad outcomes stemming
from medical treatment. The number of people who die from medical errors
in U.S. hospitals each year has been estimated to be up to 98,000 (National
Academy of Sciences), compared with 43,501 (Center for Disease Control,
1998) deaths from motor vehicle accidents.
We can each greatly improve the quality of our medical
care by following these simple rules: 1) Never go alone to hospital,
if you can avoid it. Have a friend or loved accompany you as an advocate
in order to protect your interests and to ensure that your questions
and concerns are addressed. Have that person take notes about your
care. 2) Create a network of your medical providers. When all your
doctors are separately ordering treatment and drugs for you without
communication, problems can occur. Insist that your doctors call one
another and share information. 3) Always take a list of your medications
to doctor's appointments for cross-referencing. Avoid bad drug interactions
by keeping your doctor fully informed about your medications. 4) Write
down your medical history, for your information and for your providers,
which you can take with you to appointments and edit as your health
changes.
Did You Know?
The largest American drug company, Merck, had profits
of $6.8 billion in 2000, which was more than the profits of all the
Fortune 500 companies in the airline, food production, entertainment,
metals and hotel/casino/resorts industries combined? Pharmaceutical
Industry Remains Most Profitable in the Country (from the non-profit
Public Citizen organization, www.citizen.org ).
S I D S :
The Ongoing Search For the Legitimate Causes of Sudden Infant Death
Earlier this year, the American Academy of Pediatrics
issued a statement that all sudden, unexplained infant deaths
in the U.S. should be investigated by child abuse experts as potential
crimes. This harsh suspect-the-parent perspective was based on the
concern that a small portion of the annual 3,000 SIDS deaths could
be homicides. Understandably, the AAP policy was met with immediate
anger from parents and opposition by the National Association of Medical
Examiners.
In the September issue of the journal, Pediatrics, the
AAP backed off from the earlier policy. It now suggests, instead, that
SIDS deaths should be followed up with investigations that include "appropriate
utilization of available medical specialists by medical examiners and
coroners."
We hope that this revised policy will help to avoid distressing
or stigmatizing the grieving families of SIDS victims, while pursuing
the legitimate causes of these tragic losses of children. In fact,
there is a growing interest in the role of pharmaceuticals and environmental
chemicals in SIDS deaths and we strongly encourage more of these investigations.
FARIS & FARIS recommends: Websites
Education and information are vital to our health. Consumers
can become informed about prescription drugs, including avoidable interactions
and side effects, at these suggested pharmaceutical-related websites:
MEDLINEplus:
www.nlm.nih.gov/medlineplus
Welcome to RXList:
www.rxlist.com
Internet Mental Health:
www.mentalhealth.com/t30.html
Medizine Drug Index:
www.cix.co.uk/~cyberville/medizine/index.htm
STN - A world of Pharmaceutical Information:
www.cas.org/PHARM/page4.html
Safe, Effective Method to Resolve all types
of kids' Behavior issues
The "nurtured heart approach" to addressing kids' behavior
problems is being taught locally by school psychologist, Tina Feigal
of the MN Center for the Difficult Child. She is providing training
and phone coaching to any adult seeking a truly effective technique
for creating a positive, effective impact on the self-esteem of intense,
or average, kids. Developed by psychologist Howard Glasser and described
in his book, Transforming the Difficult Child: The Nurtured Heart
Approach , this methodology is excellent for any parent or professional
looking to help any child, whether typical or extreme in behavior.
Call Tina toll-free at 866-906-0300 or, from the Twin Cities metro
area, at 952-906-0300.
Book Review:
Trust Us, We're Experts! How Industry Manipulates Science
and Gambles with Your Future,
by Sheldon Rampton and John Stauber
Legal Developments in Consumer Medicine
Maine
Connecticut
DRUG WARNINGS!
The FDA has withdrawn certain medications from the pharmaceutical
market because of harmful side effects. Please call FARIS & FARIS
if you believe you or your loved one have suffered an injury or condition
while taking following drugs:
Baycol - (a class of drugs called "statins")
Prescribed for treatment of high cholesterol; may cause loss of muscle
cells (rhabdomyolosis) and damage to the kidneys.
Oxycontin - (oxycodone)
PPA and ephedra - (phenylpropanolamine)
Found in many over-the-counter (OTC) cold remedies and diet aids; may
cause strokes. The OTC industry replaced PPA with ephedra last year
and, now, it looks like the FDA will demand the withdrawal of ephedra
soon, since it also causes damage. Ephedra is found in many sports
performance enhancers.
Paxil - (paroxetine HCI) Class action
lawsuits have been filed alleging that Paxil is addictive and that
the manufacturer, GlaxoSmithKline, knew this and failed to warn consumers.
Remember, Paxil must never for children under eighteen years
of age!
Propulsid - (cisapride) Prescribed
for nighttime heartburn and other conditions; this drug causes a heart
condition called Long QT Syndrome that can lead to lifetime medical
monitoring and possible death. Though not intended for pediatric use,
it was often prescribed for infants with colic. The sudden heart failure
that could result for a baby may provide the explanation for a SIDS
death where the drug had been prescribed.
Fen Phen - (combination of the drugs
Pondimon or Redux and Phentermine) A popular weight loss drug which
was found to cause heart valve dysfunction and primary pulmonary hypertension.