The adage “If it seems too good to be true, it probably is” applies to the diet drug “Meridia”.  Mainers and others across the nation who are taking Meridia for weigtht loss are at risk for heart attack or stroke from the diet drug according to the FDA. 

Abbott Laboratories has withdrawn its popular weight-loss drug Meridia because it increases the risk for heart attacks and strokes, the Food and Drug Administration announced Friday.

Meridia’s continued availability is not justified when you compare the very modest weight loss that people achieve on this drug to their risk of heart attack or stroke,” stated  John Jenkins, director of the FDA’s Office of New Drugs in the Center for Drug Evaluation and Research. “Physicians are advised to stop prescribing Meridia to their patients, and patients should stop taking this medication. Patients should talk to their health care provider about alternative weight loss and weight-loss maintenance programs.”

Alison Wholey Mynick, RN, Esq.

Briggs & Counsel, LLC

The Center for Constitutional Litigation (CCL) recently won a landmark decision that will affect many of our clients and their families!

A Florida nursing home resident died from complications of bed sores and received a settlement of $50,000. Since Medicare had paid for the deceased’s medical expenses, the 11 surviving children, who sued for loss of consortium, invited Medicare to participate in an allotment of the settlement. Medicare claimed the entire amount citing its manual and later refused to take part in a probate hearing to allot the settlement.

The family’s trial lawyer went to federal court seeking recognition of the probate court’s decision. The court deferred to Medicare’s interpretation of the 1980 Medicare Secondary Payer Act.

The family (through their trial lawyer and CCL) filed an appeal, briefed the issue, and then argued it last April.

The U.S. Court of Appeals for the Eleventh Circuit reversed the probate court’s decision on September 30, 2010.  The Court of Appeals emphatically rebuked Medicare over the way the agency treats settlements and held that Medicare does not have the right to claim full reimbursement from an undifferentiated settlement, as it has for years. Instead, Medicare must participate in any state-authorized process to prorate its lien claim or accept the result when it refuses to participate. The decision is the first by a federal circuit court on the issue.

The result: Having chosen not to participate in the allocation; Medicare must accept the probate court’s decision that Medicare’s proportionate share of the settlement was only $787.50.

Congratulations and thanks to a family that has made a difference to patients and other families throughout the nation! Congratulations as well to the entire CCL team. The full decision can be found at: http://www.ca11.uscourts.gov/opinions/ops/200913765.pdf

 Clients should not fear Medicare. Briggs & Counsel has a team that scours every item in a Medicare claim.  We repay Medicare (and the American taxpayer) every cent they are owed.  No more, no less.  That means we give our Clients and their Families every cent they are owed as well.  

“This is just unheard of,” said Jill Child, resident service coordinator at Oak Park Apartments, an elderly housing complex in Lewiston, Maine.  She was referring, of course, to Edith Ryder.

Edith Ryder, feeling safe and secure in the hallway of her apartment complex, was robbed in the middle of the day by a young man who simply walked up to her, took her wallet from her walker, and headed out a side door.  According to a reporter for the Lewiston Sun Journal Edith Ryder was robbed of $40 dollars, her bank card, her social security card, Medicare card and MaineCare card.

The Lewiston Police will track down the thief, the bank will stop payment on any charges on that ATM card, and the Courts will send the low-life, petty crimianl where he belongs.  But what can be done to make sure that this doesn’t happen to others in Edith Ryder’s situation?

Here are some practical safety tips for the elderly living alone, even living alone in a senior housing facility like Lewiston’s Oak Park Apartments:

1.   If you’re not going to the bank, leave your bank card in your apartment.

2.   Unless you know you will need to show an original of your Medicare/MaineCare or other insurance card, bring only a photocopy of your Medicare card with you if you want the safety of having that number with you in case of an emergency.   Leave the “orginal” of your social security, Medicare/MaineCare cards in a safe place in your apartment or home.  Make sure a reliable relative or friend knows the location of the originals.

3.  Keep your cell phone handly.  If approached by stranger, pick up your phone, and act as if you are starting to dial.   You might make a thief think twice if you talk into the cell phone as if you are having a conversation with someone and mention that you have been approached.

4.  Hire any help only from well known organizations or businesses, and have their references checked.

5.   Get together with your friends and family and approach your building owner.  See what it would take to have security cameras in the public areas of your building.  It could be a life saver.

As a wise man once said:  “I grow old learning something new everyday.”

Alison Wholey Mynick, RN, Esq.

Copyright 2010: Briggs & Counsel, LLC

It is  sad to hear of a shooting death that involves a close family member. The senseless murder of a family member is a tragedy that touches everyone in the deceased’s circle of family, friends and community.

The shock of a violent death can leave family members so emotionally upset that months or even years might pass before a family member begins to question “Can those left behind can receive compensation for the loss of a loved one that stems from a criminal act?”

The answer is that, yes, money damages are available in many cases for the wrongful death of a loved one.

Money damages in a civil lawsuit can be sought for death caused by a negligent act or intentional act that robs a family of a loved one. The lawsuit is for money damages under Maine’s Wrongful Death Statute. Briggs & Counsel, LLC is experienced bringing wrongful death lawsuits under Maine’s Wrongful Death Act.

The decedent’s Estate can receive funeral expenses under the Wrongful Death Act. The decedent’s Estate can also recover money damages if it can be proven that an injury leading to death caused conscious pain and suffering, or resulted in medical expenses for treatment of the injury that lead to the death.

Certain individuals close to the decedent can recover up to $500,000 in wrongful death money damages in Maine for lost income that the deceased might have earned if living, or for the loss of “comfort, society and companionship of the deceased.”. Those who are able to recover up to $500,000 in damages include a living spouse, children under the age of eighteen(18), or, if there is no surviving spouse or minor children, “heirs at law”(which might include adult children, parents of the deceased, siblings of the deceased and other relatives).

The statute of limitations for wrongful death in Maine is two years from the death, unless the death is from medical malpractice (in which case the statute of limitations for a claim is three years.)

In Maine, a Wrongful Death Act claim must be brought in the name of the Personal Representative of the Estate of the decedent. Before a lawsuit can be filed someone must be named as the Personal Representative of the Estate of the deceased. This is usually an easy process. (You can find information about how to file to be named as Personal Representative of an Estate at: http://www.courts.state.me.us/faq/probate.shtml.

Alison Wholey Mynick, RN, Esq.

Briggs & Counsel, LLC

Rockport, ME

800. 596.1099

A Bedsore is A Wound

You visit your parent and overhear a nurse’s aide tell your mother/father that “the nurse will come in after your visitor leaves and change your dressing.” What dressing!!!

This may be your first inkling that anything has gone wrong with you parent or grandparent. You ask questions and learn the truth—your family member has been allowed to develop a bedsore!

No one who comes to a Maine nursing home should develop a bedsore. Developing a bedsore in a Maine nursing home is supposed to be a “never event”. It doesn’t matter whether you live in Augusta or Aroostook, Bangor, Portland or Rockland. A bedsore wound should happen so rarely that the federal government has instructed Medicare and Medicaid not to pay for bedsore treatment. Maine Nursing homes are required to follow these federal laws just like every other state.

If your parent or grandparent develops a bedsore while a nursing home resident, send a fax to the nursing home and your loved one’s doctor along these lines:

Dear “X” Nursing Home Administrator and Dr. “Y”:

When my parent came to you he (she) did not have a bedsore. I made a special point to ask that you take care that my parent not develop a bedsore. Under Federal Law (42 CFR Sec. 483.25 you were supposed to make sure that my parent (grandparent) did not develop a pressure sore. Please explain to me in writing why this happened. Also, please write to me and tell me what you are going to do to provide necessary treatment and services to promote healing, prevalent infections and prevent new sores from developing.

Thank you for giving this matter your attention.

Very truly yours,

Make sure you save the fax transmission record and then call for an appointment with the nursing home director and the doctor to discuss what they plan to do. When you meet, emphasize that you want them to write back to you, and that a conversation won’t cut the mustard. Tell the doctor that you want him to personally inspect the wound. Tell the doctor that you want a written report that tells you:

• The size of the wound
• The stage of the wound
• The treatment he intends to use to heal the wound
• How he intends to hold the nurses responsible for following his orders.
• When he intends to inspect the wound next.
• What pain medication he is going to give to your loved one.

These actions, writing and having a meeting, are important steps you can take to make sure that your loved one doesn’t linger, or even die, from a bedsore wound.

Tomorrow:

Step Three: What To Do Make Up For What Can’t Be Fixed About a Bedsore

A Bedsore Is A Wound

Imagine having someone gouge a hole out of your body at the base of your spine. Down through the skin, down through the light cushion of tissue under the skin, down past muscle, right down to the bone. Raw exposed nerves fire over and over, screaming their pain message into your entire being. This wound is deep, and wide, and it constantly weeps nutrients out the hole. You can’t turn yourself, you are lying on this hole in the body, and the pain is excruciating. You get weaker every day. Strong pain medication dulls the pain, but it never goes away, and every time the medication wears off you are gripped by the pain again.

There is no need for someone to suffer this fate.

When nursing home staff allow a patient to develop this wound it feels the same to the patient as if they had a deliberately inflicted wound.

Step One: Speak Up, And Leave A Record

What can we do to help our loved one’s nursing home and physician get it right? What can we do to prevent our parents and grandparents from suffering like this?

Let’s start with knowing what this problem is.

Bedsores, Pressure Sores, Ulceration, Skin Wound. These are all words that are used to mean the same thing.

When your parent or grandparent goes into a nursing home consider doing the following:

Make sure there is a record that your loved one doesn’t have a bedsore. (If your loved has a bedsore, make sure there is a record of where it is, how wide it is, what it looks like, how long it has been present, and what is being done to treat it.)

What do I mean about making a record? I don’t mean telling the nice people who take down all the information about you parent or grandparent at the time of admission that you are concerned about the issue. Certainly, do that. However, I mean something different. I mean finding out the fax number of the nursing home and your parent’s doctor and faxing both of them a note along these lines:

Dear “X”,

My (mother/father/grandparent) is being admitted to your facility today. This is to let you know that my (mother/father/grandparent) does not have any decubitus ulcer/pressure sore at this time. Please take every measure to maintain the good condition/integrity of my (parent/grandparent)’s skin, including careful checking and documentation. If my (parent/grandparent) should develop a pressure ulcer please notify me in writing of that fact, including the location, size, stage and steps you are taking to care for the wound, including repositioning, wound care and nutrition. Please make this note a permanent part of my (mother/father/grandparent)’s chart. Thank you.

Then, fax that letter and save the facsimile transmission record.

This first step protects your family member by letting nursing home health care providers know that you are interested in being informed and that you expect them to be accountable for preventing this problem.

Tomorrow– Step Two: Take Action, And Ask The Doctor To Help

Copyright 2009 Briggs & Counsel

You feel terrible.  You feel beyond terrible. You just found out that your parent or grandparent has been neglected, injured, abused, killed in a Maine nursing home.  It happens.  You can take action, right?  Not so fast.  The outgoing adminstration of George Bush quietly inserted language into federal law that pretends that all those nice Maine people who regulate Maine nursing homes are (even though they are not) federal employees who can’t be forced to tell the truth about what they find out about Maine nursing home safety.  Keith Olbermann blasted the law at the end of a recent MSN “Countdown”  piece.   Think it’s outrageous to silence Maine nursing regulators?  So do we. But it isn’t going to stop Briggs & Counsel from prosecuting cases of nursing home negligence.    If your loved one was injured or died from negligent care at a Maine nursing home, call an attorney who specializes in nursing home litigation.  And write to your U.S. Senator (Olympia Snowe or Susan Collins)  to allow State of Maine employees to tell the truth about what they find at Maine nursing homes.

Copyright 2009 Briggs & Counsel

Alison Wholey Mynick, RN, Esq.

Infection control advocates and patients who have contracted hepatitis from contaminated plastic syringes and medicine vials have joined forces in a campaign to warn Maine residents and Americans nationwide about the risks involved in reusing such medical items.

In a recent federal study by the Centers for Disease Control and Prevention, it was found that over 60,000 people have been exposed to hepatitis, with at least 400 having been infected by it.

Hepatitis is defined as a viral infection of the liver. The most common form, hepatitis C, afflicts more than three million Americans and is potentially life threatening. It can cause permanent liver damage and may cause no initial symptoms, with the potential of remaining undetected for years.

Hygiene lapses, such as improper handwashing, have received more attention but according to Joe Perz of the CDC, reusing syringes “is something that is obviously wrong”.

“It really represents a breakdown in very basic patient safety. There really is a sense of outrage among many providers and others working in this area when they hear about some of these outbreaks and some of the practices,” Perz said. He blamed the problem on ignorance and lack of oversight.

At times, doctors or nurses injected several patients from single-use medicine vials - to “cut corners,” Perz said, or, some authorities believe, to save money, according to the CDC.

Advocates and the CDC are trying to raise awareness about the problem. The coalition includes infection control specialists and nurse anesthetists.

The campaign is designed to alert doctors, nurses and other medical workers that syringes must only be used once. Patients should be watching for safety precautions and speaking up if they see or suspect a violation.

Copyright 2009 Briggs & Counsel, by Eliza Stoll

Sometimes a picture, or in this case a video, truly is worth a thousand words. With our abundance of lakes and ponds,  as well as our access to the ocean, every Maine parent should think about this:

Alison Wholey Mynick, RN, Esq.
Briggs & Counsel
815 Commercial Street
Rockport ME 04856
207.596.1099
297.596.7401 fax
amynick@dbriggslaw.com
www.maine-personal-injury-lawyers.com

The Centers for Disease Control and Prevention (CDC) has been receiving reports, from many states, including Maine, of illnesses caused by a type of Salmonella called Salmonella Typhimurium. Several deaths may also be associated with this outbreak.

After much laboratory testing and analysis, the Food and Drug Administration (FDA) and CDC confirmed that the sources of the outbreak were peanut butter and peanut paste produced by the Peanut Corporation of America (PCA) at its Blakely, Georgia, processing plant.

Peanut paste is a concentrated product consisting of ground, roasted peanuts that are distributed to food manufacturers to be used as an ingredient in many commercially produced products including cakes, cookies, crackers, candies, cereal and ice cream.

As a result of this finding, a number of foods containing peanut butter and peanut paste produced by PCA from July 1, 2008 until now were recalled on January 13, 2009. On January 28, 2009, PCA expanded its recall to include all peanut products produced on or after January 1, 2007.

Some of the recalls involve foods sold directly to consumers, such as peanut butter crackers, peanut butter cookies, and ice cream made with peanut butter, and others involve foods sold directly to institutions, restaurants, the food service industry, and private label food companies.

Copyright 2009 Briggs & Counsel by Elizabeth Stoll