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

Imagine living in a Maine nursing home and having cancer or arthritis so severe that you cannot get out of bed by yourself. You rely on the nurses to make sure your pain patch is in place, but the nurses don’t check, and the nursing assistants steal your pain medication. Imagine that no one comes right away when you press your call light to go the bathroom, and no one comes to help you change your position. Imagine that you fall out of bed and break your arm trying to get to the bathroom on your own. And imagine that, because you aren’t positioned by nurses on schedule, you develop a large and excruciatingly painful bedsore that grows deep into your flesh and becomes infected.

All of these images are real examples of injuries caused by nursing home negligence in Maine. Nursing home negligence caused by understaffing, or poorly trained staff, may cause severe injuries and death to Maine’s most vulnerable population- the nursing home bound elderly.

Families need to know that that their elderly mother, father, aunt, uncle or dear, older friend is safe and well cared for. How do Mainers scratch the surface of a nursing home that appears clean and pleasant on an introductory tour? One starting point is to look at a nursing home’s “star rating”.

The federal government has a five-star rating system. A Maine nursing home can obtain up to five stars (much above average) in each of five areas: Health Inspections, Nursing Home Staffing, Quality Measures, Fire/Safety. The lowest ranking possible is one star (much below average).

In Maine, the good news is that 26% of our long term care facilities received the government’s best nursing home score. However, more than 7% of our nursing homes received the lowest “one star” ranking.

According to officials, the five star rating system is meant to be an accompanying tool for consumers to compare nursing homes, but should not take the place of visits and interviews at the actual facility. Here’s why:

A Nursing Home may receive five stars for staffing, three stars for inspections, three stars for fire safety, but only one star for quality measures, and still have an overall score of three stars. Even if a nursing home has an overall three star score, would you want your mother or father exposed to a higher risk of injury, including bedsores and urinary tract infections, than they would encounter at a different nursing home only a half mile away? When a nursing home tells the federal government that it has great staffing, but also has a high percentage of bedsores, urinary tract infections and depressed residents, the facts speak for themselves. Nursing homes are only as good as the care they deliver.

Mainers may see the rating system as a way to challenge nursing homes to improve the care they provide in the 112 facilities across the state. Maine families considering nursing homes for loved ones should weigh many factors when choosing a long term care facility. The number of stars a nursing home is assigned is just the tip of the iceberg.

Copyright 2009 Briggs & Counsel

Maine residents who have been prescribed antipsychotic medications by their psychiatrist or physician should be aware that there is a low to moderate risk of sudden cardiac death when taking such medications.

According to a recent study among patients taking high doses of antipsychotics, there are about 3.3 cases per 1,000 that result in sudden cardiac death. Patients who have been prescribed antipsychotics need to be fully aware of all potential side effects before beginning a medication regime. Doctors need to fully disclose all potential risks to patients.

New research published recently in the New England Journal of Medicine shows that antipsychotic drugs are not risk free, the authors of the study urging more caution in fact in their use. The drugs are associated with a risk of sudden cardiac death, especially at higher doses.

Doctors prescribe antipsychotic medications for a variety of reasons these days, although they were originally intended to treat schizophrenia. They are now being used to treat anything from conduct disorder in children to aggressive behaviors in Alzheimer’s patients. Three particular antipsychotics; olanzepine, risperidone, and quetiapine; are in fact among the top ten drugs sold worldwide.

Antipsychotics are broken down into two categories: typical and atypical. The typical antipsychotics are older medications that have been used for many years to treat schizophrenia. The risk of sudden cardiac death with the use of typical antipsychotics is about 1.99 times greater than in patients who are not using antipsychotic medications. Atypical antipsychotics are newer medications used to treat a variety of behavioral and mental health problems and are considered to have a lesser risk of side effects than typical antipsychotics. According to the article, the risk of sudden cardiac death in patients taking atypical antipsychotics is 2.26 times greater than in patients who are not using antipsychotic medications.

Well, it’s official.  Here in Maine it is perfectly alright for a doctor to hide the fact that you have a possibly cancerous tumor from you.  He can violate his duty to disclose the existence of a “dark spot” on an x-ray  until the cancer has progressed to a point when the treatment is horrific, or even to the point where no amount of treatment will work and you face certain death. 

In a recent Maine Supreme Court case  the Court referred to Maine’s Health Security Act that sets the statute of limitations for suing a doctor or hospital at three years.  In  Dickey v. Vermette, Mrs. Maetta Dickey was a regular dental patient of  Dr. Vermette.  In March 2000 she had an x-ray that showed a “dark spot” .  Her dentists didn’t tell Mrs. Dickey about the dark spot, or ask her if she wanted any follow-up.  Instead, they kept the information to themselves, and decided that they would just “keep an eye on it.”  The dentists kept an eye on it for FIVE YEARS.  Then the dentist referred Mrs. Dickey to an oral surgeon who diagnosed the oral cancer.  But, because the cancer had progressed so far, a big piece of Mrs. Dickey’s face had to be cut out to make sure the tumor was removed. 

Not every Justice on Maine’s high court thinks that “Don’t Warn, Don’t Treat” is legal in Maine.  Justice Alexander thinks that the Court’s opinion is “contrary to good law, good medicine, and good common sense.”  Justice Alexander points to the fact that Mrs. Dickey had a special, confidential, doctor/patient relationship with her dentist.  Justice Alexander stated the plain fact that, in medicine, “when a suspicious dark spot appears on an x-ray, and cannot be otherwise explained, there should be disclosure and warning to the patient, further investigation, and forensic testing for the possibility of cancer.” And while one Maine law says that medical malpractice cases must be filed within three years of the negligent act, another Maine law says that the three years is “tolled” where a plaintiff has failed to learn of a negligent act as a result of defendant’s fraud.  And “fraud” doesn’t just mean hiding an important fact on purpose, or lying.  Fraud in Maine also means not telling someone you have a “special relationship” with information that there is a duty to disclose.  Like a doctor’s duty to disclose that you might have cancer. 

Justice Silver also thought Mrs. Dickey should have been able to base her claim on facts that related back to the 2000 failure to tell about the dark spot. 

But Justice Alexander and Justice Silver are in the minority.  All of Maine’s other Justices say their hands are tied by the law that says doctors are only responsible for their mistakes going three years back.  

So, if your doctor finds a possibly cancerous tumor on your x-ray, and waits until three years and one day to let you know about it, you cannot do anything about it.  Even if you have huge medical bills that were caused by the three year delay, even if you are going to die and leave your family without a bread-winner, even if the three year delay ruins everything you built your life on, too bad for you. 

Maine-TheWay Life Should Be…

…For Doctors Who Sit On Critical Patient Information For Three Years!!!

Copyright 2009 Briggs & Counsel

Is it fair that Maine citizens who count every penny trying to save money on the monthly food budget have to sacrifice physical health to financial concerns?

As part of recent healthy eating initiatives, many states, including Maine, have requested that nutritional information be posted on boards behind the counters of fast food restaurants.

It should be just as easy for Mainers to find information about the food they purchase at fast food restaurants as it is to buy food at the supermarket. Why does it matter? It matters because Maine families are as affected by the nutritional content of the food they consume as they are by the cost of that food. Maine residents are justified in fighting food content misinformation and fraud that is linked to diabetes, heart disease and the nation’s obesity epidemic.

How can legislators in Augusta, and civil lawyers for justice throughout the state, help Maine citizens obtain the information they deserve to make correct choices on the healthiest food to buy in tough economic times? One way is through legislation that requires the information be made available. The other way is for Maine’s lawyers who specialize in consumer justice to take on powerful food industries make inadequate or deceptive disclosures of potential health risks involved in consuming certain foods. Food industries that mislead Maine consumers through advertisements that omit important nutritional information do so at their own risk.

In other states, McDonald’s Corporation has been called to answer for deceptive practices, negligence, and a failure to warn consumers of the harms of ingesting food at McDonald’s restaurants, particularly where minors are involved.

Maine consumers have a right to make an informed choice about what they spend money on for food. They also have a right to know the nutritional value of the food they put into their bodies and their children’s bodies.

If you are concerned about this issue, call or email your state legislator in Augusta, or send your comments to our Maine personal injury lawyers.

By Eliza Stoll and Alison Mynick

Copyright 2009 Briggs & Counsel

In 20 cold weather states, including Maine, Nissan Motor Company is recalling more than 240,000 trucks. Nissan plans to fix the problem that could prevent the front air bags from deploying.

The recalls affect the Xterra, Frontier and Pathfinder models of Nissan trucks, ranging from 2005-2009 model years.

The problem was discovered through a series of warranty claims. In states where road salt is used on icy roads, it was found that a mixture of salt and snow could enter a crash zone sensor area and rust, thereby interrupting the signal and potentially preventing the front air bags from deploying in a crash.

So far, there have been no reports of crashes or injuries related to this issue. If you own a Nissan truck that is one of the above mentioned models and in the year range noted, see your Nissan dealer immediately.

If you have been injured in a vehicle accident as a result of the air bags failing in your Nissan truck, you may wish to speak to an experienced personal injury lawyer at Briggs and Counsel.

By: Eliza Stoll

Copyright 2009 Briggs& Counsel

Computed tomographic (CT) colonography is a new, noninvasive screening option for the detection of colorectal cancer. A federal study of this alternative to the dreaded colonoscopy confirms that it is an effective tool in detecting cancer, however, it’s accuracy had not been well-defined.

With Medicare already considering paying for the procedure, experts are predicting a boost in screening due to it’s noninvasive nature. The new study identified nine out of ten people who had cancers and large growths seen by regular colonoscopies.

The New England Journal of Medicine suggests that the CT colonography’s real value may be in showing who really needs a regular colonoscopy. The test was found to be more accurate at ruling cancer out than it was at detecting it.

There are risks of false alarms with the new alternative screening tool. The colonographies showed large growths in about one in six people, although some were not confirmed by colonoscopy. Of the patients with growths verified by colonoscopy, 90 percent were flagged through the CT colonographies.Only one in four of those patients diagnosed with a growth actually had one.

CT colonographies, currently recommended every five years, expose people to repeated doses of radiation. It’s half the dose of a standard CT exam, but the cumulative effects are not known at this time. Colonoscopy is only recommended every 10 years. These concerns do not rule out CT colonography as a screening tool, but they should be considered.

Colorectal cancer is the second largest killer in the United States, claiming about 50,000 lives per year. Screening for colorectal cancer is recommended once a person reaches the age of 50.

Snowmobiling has always given Maine’s economy a boost, drawing people from all over the state and country for a taste of winter fun in the wilds of Maine.

There are 13,000 miles of snowmobile trails in Maine and there are no speed limits. The whole idea of snowmobiling is to give the rider a sense of freedom and fun. Sledders are judged by the standard of “reasonable and prudent speed for the existing conditions”. Reasonable means remembering that many families are out riding together, enjoying the outdoors.

Snowmobile safety laws, such as the ban against operating under the influence, are in place to balance fun and responsible driving.

Fun can turn to tragedy in a flash. Last winter death struck twelve snowmobilers in Maine. There have already been two snowmobile related deaths this season, and the snow has just started to pile up. The sad fact is that even the safest snowmobiler can’t always protect against snowmobiling injuries caused by others. What can you do if you are injured by a reckless snowmobiler? Do you have any rights out on the snow? Who will pay your medical bills and bring home a paycheck if you are too hurt to work?

The short answer is that if you are severely injured through no fault of your own in a snowmobile accident, Maine law gives you the same rights you have if you are negligently hurt in car accident, or on the operating room table from malpractice. The hard truth is that the road to recovery is often a long, hard haul.

Snowmobile injuries and deaths have caught the attention of state officials, who want Mainers and other to enjoy the sport without injury. In a recent press release about snowmobiling Governor Baldacci urged snowmobilers to be safe and sober when out on the trails this winter. The strength of the law behind the Governor’s statement comes in the form of a Maine Warden.

The Maine Warden Service uses all available manpower to make sure that the death toll from reckless snowmobiling is minimized. As the season gets busier, officials plan safety checks along Maine’s snowmobile trails. However, it’s an uphill battle to police a round-the-clock, round-the-state sport against the handful of sledders that view snowmobiling as no-holds-barred speed adventure.

For more information, including tips on how to protect yourself from injury, turn to websites such as Snowmobile Maine. The group’s “Ride Right” motto reminds members that fun comes with a duty to protect others as well.

Dog bites have become a major concern for Maine residents. According to the Centers for Disease Control and Prevention, about two percent of the U.S. population are bitten each year by a dog.

Dogs are an important part of many Maine families. They can be loving, fun and considered part of the family. Unfortunately, they do sometimes act unexpectedly and may bite and cause injuries. Even if a dog is not malicious, if you are bitten a serious injury can occur.

Even if a dog doesn’t have a history of biting, you should be aware of aggressive behavior that falls below biting, such as growling, snarling or bristling at people.  If a dog is injured, just like an injured human, it may push a dog over the edge.  The owner of an injured dog has a duty to keep the injured dog away from someone who may inadvertently touch the injured area of the dog during a friendly pat, causing the dog to bite.

In most cases, the dog had never bitten anyone before and the owner did not think it was a hazard to anyone. Statistics for dog bites to people in Maine show that bites have most frequently been caused by dogs considered to be of the “friendliest” breeds. Dog bites, regardless of the extent of injury, are traumatic experiences.

Maine has a leash law, requiring that all dogs be on a leash as all times unless being used for hunting. If you allow your dog to run free, even in places that you may deem safe to do so, you run the risk of your dog biting someone. Do the right thing for your dog, yourself and for others: keep your dog on a leash.

Here are some important things to keep in mind if you are bitten by a dog:

• Contact your local animal control officer and identify the dog.
• Obtain the name, address, and dog license information of the owner of the dog.
• Obtain the names, addresses and phone numbers of any possible witnesses.
• Obtain insurance information from the owner of the dog.
• Take pictures of the dog bite.
• Understand that Maine has special laws regarding injuries from dog bites.  You might want to contact a personal injury lawyer, such as Briggs and Counsel for a consultation.

By Eliza Stoll for Briggs & Counsel

Copyright 2008 Briggs & Counsel

Should Maine residents who are also heart patients be screened regularly for depression? According to the American Heart Association, depression is about three times more common in heart attack survivors and those hospitalized with heart problems than the general population.

While there has been no direct evidence that heart patients who are also screened for depression fare better, depression can result in a worse quality of life and worse outcomes for Mainers. Those patients with depression may be more likely to skip their medications, not take part in rehabilitation programs, or not diet and exercise to maintain a healthy lifestyle.

It is vital that heart patients make lifestyle changes that promote long, healthy lives. If depression is underlying and untreated, this will inhibit the person’s ability to properly care for themselves as they should.

Maine heart patients should be screened regularly by their doctors for depression. If depression is found to be present, here are positive steps Mainers can take:

• Ask your doctor for a referral to professional qualified in treating depression.
• Call a support groups that to join.
• Ask your doctor about an anti-depressant regime to help with extreme or persisting symptoms.

Mainers who suffer from depression shouldn’t lose their physical health while waiting to recover their mental health.

By Eliza Stoll for Briggs & Counsel

Copyright 2008 Briggs & Counsel