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Micra Limits Everything

Steven Schultz — Tue, 18 Aug 2009 18:29:45 GMT

I recently spotted an article on the topic of MICRA (Medical Insurance Compensation Reform Act) and the need for reform. The article spoke at length about how MICRA limits pain and suffering damages to $250,000, and the need for reforms on that over 30 year old limitation.

The problem I had with the article is that it vastly understated the true extent of the limitations imposed by MICRA, and the devastating consequences those limits have on injured people. The $250,000 limit is just one of several limitations that was designed to keep money away from catastrophically injured victims, and in the hands of insurance companies.

The MICRA legislation limits the amount of economic damages that can be recovered as well. It does this by allowing doctors and hospitals to use evidence of health insurance payments to offset the amount of money victims can recover in medical bills and in lost income. It is important to note that doctors and hospitals are the ONLY group in the entire state that get this benefit, which vastly reduces the amount of money they must pay on the injuries and damages they cause. Once again private consumers are left with a less than complete recovery.

The MICRA laws also limits how the health care provider has to pay for damages they cause, even after they loose in trial. In every other type of case, the losing defendant has to pay the full amount for the past and future damages he/she causes. In a medical malpractice case, MICRA allows health care providers to periodicize the payments which means they can pay back the future damages they cause over the rest of the life of the victim, rather than all at once on the completion of the case. Even worse, in the event the victim dies earlier than expected, the balance of the future money awarded to the victim goes back to the doctor or hospital. It does not even go to the vicitm's family.

All of these limitations, and others, imposed by MICRA make it virtually impossible for injured victims to get a fair recovery for their loses. These same limits make it even more difficult for victims to find an attorney that will work on these types of cases.

It seems to me that MICRA has been around for more than 30 years. Interestingly, the problems that MICRA was designed to fix are still considered problems today (ie... high malpractice premiums; high health insurance premiums; good doctors leaving California). Maybe MICRA's ultimate effect of punishing the injured vicitms of malpractice was not the way to go, given that all of these problems still exist to this day.

All of these factors should illustrate the desperate need to reform the MICRA system and replace it with something that is fair to all sides, not just the health care providers and those who insure them.

Steve Schultz

Originally posted at InjuryBoard by Steven Schultz

Human Tissue Recall from Biomedical Tissue Services

Ed Smith — Tue, 17 Oct 2006 23:17:11 GMT

Every year there are approximately one and a half million new surgical procedures known as Allografts - surgical transfers of bone, skin, tendons, and other tissues in which tissues from cadavers are transplanted into patients.

Recently, the New Jersey tissue company known as Biomedical Tissue Services was criminally indicted for illegally harvesting human tissue from corpses. Biomedical then placed and sold the tissue into the stream of commerce (to hospitals, etc.) throughout the United States without appropriate tissue monitoring which would prevent the introduction, transmission and spread of communicable diseases.

As a result, patients/victims throughout the country have received recall notices from the FDA and/or their medical providers informing them that they may have received in their surgery illegally harvested body parts as tissue transplants. Unfortunately for these victims, the FDA is concerned that the untested body parts and tissues implanted in them will cause them to be potentially at risk of developing HIV, Hepatitis B, Hepatitis C, Syphilis, and other infectious diseases.

If you or a member of your family were a victim of this scam, please contact our offices immediately.

Originally posted at InjuryBoard by Ed Smith

Guidant Initiates Worldwide Physician Communications Regarding Important Safety Information and Corrective Action about Implantable Cardiac Defibrillators

Ed Smith — Thu, 26 Oct 2006 16:22:15 GMT

Guidant Corporation is voluntarily advising physicians about important safety information regarding certain devices. Guidant has apprised FDA of these actions, and FDA has indicated that it will classify them as recalls. These communications advise physicians and their patients of safety information and are intended to limit adverse events. Physicians should use this information to decide how best to treat their patients.

Originally posted at InjuryBoard by Ed Smith

Guidant Lawsuit Money Set Aside

Staff Writer — Wed, 30 Aug 2006 14:24:58 GMT

Boston Scientific announced earlier this month that it has set aside $381 million in anticipation of lawsuits stemming from faulty Guidant defibrillators and pacemakers. Boston Sci inherited Guidant's legal problems when it bought the company earlier this year for $27 billion.

Included in the fallout are about 72 product liability class action lawsuits and about 477 individual lawsuits. The suits are pending in various U.S. state and federal jurisdictions and allege personal injuries associated with defibrillators or pacemaker recalls.
An additional nine lawsuits are pending in Canada, six of which are class actions and three are individual.

Originally posted at InjuryBoard by Staff Writer

Back Pain Malpractice: Diagnosis v. Radiation

Barbara Burks — Thu, 19 Feb 2009 18:51:52 GMT

In our line of work, we see back pain everyday. Our clients have back pain, our employees have back pain, and we have back pain. In fact, back pain is one of the most common excuses to miss work or visit a doctor. It is not a fun thing. Back pain can severely limit movement, limit the ability to sit for long periods of time, and just drive you nuts.

I’ve come to the conclusion that it is an intolerable pain. It’s not something you can get used to because you can feel it every time you move. Most of America suffers from back pain for a variety of reasons. Obesity, car accidents, poor posture, lugging backpacks full of school books to and fro everyday for thirteen years, is it any wonder that people are in pain?

When addressing back pain, doctors have an option of having an x-ray, a CT, or an MRI. According to MSNBC, the radiological studies should only be used if there is evidence of an actual condition causing the pain. Researchers fear that overexposure of radiation from x-rays and CTs can have long term consequences (and MRIs are just plain expensive).

They say that the studies are not worth it because more often then not they do not reveal anything useful. Experts believe that radiology should only be done if there is clear evidence of an underlying condition.

As a sufferer of back pain I feel like it should be my choice. If I am in pain, I want to know what’s causing it. I understand that they might find nothing, but the doctor might also find a herniated disc or a broken bone. It’s a risk I am willing to take.

Let’s think about this. If doctors do give the tests, what’s the downside? It comes back negative and they move on to more conservative treatment. We have to pay for the test and health insurance has to pay for some, if not all, of it. What if doctors don’t give the test and there is something substantially wrong? The patient is needlessly in pain. The condition could get worse before it’s caught. Permanent damage could be done by the time the doctor finally decides to get an x-ray.

I would rather the doctor err on the side of caution. Do the x-ray. Pain is not pleasant, I’ll take the low dose of radiation if it means it could help diagnose the problem. Let’s face it, once you know what is wrong, you can treat it. If you don’t know what’s going on, then treatment is hit and miss, you’re wasting more time and money trying therapies that won’t work when one x-ray, CT or MRI could show surgery is needed.

There is a reason this medical technology exists. It is there for our use to make our lives better. I’d better be safe than sorry.

Originally posted at InjuryBoard by Barbara Burks

FDA Issues Nationwide Notification of Recall of Certain Guidant Implantable Defibrillators and Cardiac Resynchronization Therapy Defibrillators

Ed Smith — Thu, 26 Oct 2006 16:19:42 GMT

FDA is notifying health care providers and patients that the Guidant Corporation is recalling certain of its implantable defibrillators and cardiac resynchronization therapy defibrillators. These devices can develop an internal short circuit without warning, resulting in failure to deliver a shock when needed.

Originally posted at InjuryBoard by Ed Smith

Guidant Halts Use Of Defibrillators

Ed Smith — Thu, 26 Oct 2006 16:15:28 GMT

Medical device maker Guidant Corporation has announced a series of recalls culminating in a September 22, 2005 recall, recalling nearly 100,000 implanted defibrillators and pacemakers because of potential electrical malfunctions. The defect essentially places patients at risk as a result of an internal short circuit which comes without warning and can either result in a failure to deliver a shock to the heart when needed or, deliver a shock to the heart when not needed. This, obviously, can lead to serious life threatening consequences and events.

Advances in science and technology have led to the creation of medical devices that allow patients to live a longer, more comfortable life. Unfortunately, there are flaws in manufacture and operation in some of these devices which lead to injury and death. The Guidant Corporation recently recalled several models of its implanted defibrillators which affects over 50,000 implant victims.

Companies that manufacture or sell products must be held accountable for their actions including the sale of defective products.

Originally posted at InjuryBoard by Ed Smith