Denture Cream with Zinc

November 9, 2009

Denture cream containing zinc may have caused your nerve damage.

Attorneys Tim Edwards and Ed Wallis are providing free case evaluations for those affected by zinc poisoning from denture cream products such as Fixodent and PoliGrip.  Hundreds of people are suing consumer products giants Procter & Gamble Co., which makes Fixodent, and GlaxoSmithKline, maker of PoliGrip, the Associated Press reported in an article on September 18, 2009.

Lawsuits currently filed claim the denture cream products are defective, that the companies failed to adequately warn people about the potential dangers and that no corrective steps were taken.  In fact, on June 4, 2008, the medical journal Neurology published a study about a possible link between denture cream zinc and nerve damage. The study was conducted by doctors at the University of Texas Southwestern Medical Center in Dallas. The research involved four patients who all used large amounts of denture cream and developed nerve-related disorders.Additionally, the National Institutes of Health has warned consumers that too much zinc can purge the body of copper, and a copper deficiency can cause nerve damage.

Nerve damage may cause symptoms such as:

  • weakness and numbness in arms and legs;
  • difficulty walking and loss of balance, and
  • cognitive or memory impairment.

If you have developed nerve damage after the use of denture cream products such as Fixodent and PoliGrip, please call us as soon as possible. Let us put our experience and expertise to work for you. We are currently helping others who have received a defective Advanced Bionics cochlear implant, Transvaginal mesh/sling devices, or took prescription drugs such as Trasylol, Chantix, Digitek, Byetta, Ortho Evra, Seroquel, Reglan, and Yaz/Yasmin. The firm also handles medical malpractice claims.

You can also read more on our page for denture cream.

Tim Edwards
Ed Wallis
Glassman, Edwards, Wade & Wyatt, PC
26 N. 2nd Street
Memphis, TN 38103
(901) 527-2125
(901) 275-0600 (after hours, weekends)
EMAIL BY CLICKING HERE

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Rep. Bruce Braley stands up for patient safety and patient rights

November 9, 2009

New Medical Malpractice Website

November 9, 2009

Instead of tort reform, why don’t we figure out a way for doctors to quit commiting malpractice? 98,000 Americans die every year because of medical negligence, or as one site puts it, that’s the equivilent of two 737’s crashing every day.

www.98000reasons.org

Article from Ken Conner on Tort Reform

November 9, 2009

Tort Reform: Remedy or Red Herring?
By Ken Connor

“In the state of nature… all men are born equal, but they cannot continue in this equality.  Society makes them lose it, and they recover it only by the protection of the law.”
- Charles de Montesquieu

In the ongoing debate over health care reform, critics on the right are increasingly citing the lack of tort reform as a major deficiency of the current proposals floating around the halls of Congress.  Instead of focusing on truly conservative solutions to our nation’s mounting health care crisis, Republican lawmakers and pundits are playing the same old song-and-dance—blaming ballooning health care costs on trial lawyers.  This red herring tactic is a classic example of politicians trampling principle in pursuit of politics.  In this case, Republicans moonlighting as “conservatives” seek to use tort reform to shield corporate malefactors (who also happen to be their financial benefactors) from full accountability for their wrongdoing.

In so doing, they are undermining a bedrock principle of our nation’s justice system.
For years, Big Business and the U.S. Chamber of Commerce have spent millions of dollars in a public relations campaign aimed at demonizing trial lawyers, portraying them as unethical con-artists out to game the system.  These corporate interests have a vested interest in keeping the tide of public opinion running against trial lawyers because it deflects attention from the widespread problem of negligent and reckless conduct that injures consumers.  This “shoot the messenger” tactic not only enables businesses to avoid financial accountability for wrongdoing—it deliberately undermines the people’s civil liberty.

The reality is that trial lawyers are the people’s first line of defense to secure redress of grievances for private or civil wrongs committed against them.  The most highly publicized of these kinds of cases usually involve David and Goliath-type scenarios—think of the massive frauds committed by WorldCom, Enron, or Bernie Madoff and you get an idea why trial lawyers are essential to securing justice for those wronged at the hands of well-heeled rogues with deep pockets and limitless legal resources.  And yes, sometimes these cases involve substantial claims against doctors or hospitals accused of malpractice.

Despite unfair characterizations to the contrary, medical malpractice is no joke.  Every day thousands of Americans walk into doctors’ offices, emergency rooms, and operating rooms trusting their lives to the expertise and integrity of the medical system.  Errors in diagnosis, misread charts, medication errors… all can cause irreparable harm to their victims.  And these kinds of accidents happen often—far more than Republican advocates of “reform” are willing to admit and far more than most people realize.  According to several studies conducted over the last decade, up to 98,000 people die every year as a result of an estimated 15 million instances of preventable medical errors.  These statistics place death by malpractice as the 6th leading cause of death in the United States.

For the victims and their families, the tragedy inflicted as a result of medical malpractice is very real, and the process of seeking a just remedy can be overwhelming.  It is for precisely these kinds of situations that the 7th Amendment to the United States Constitution guarantees all Americans the right to a fair trial before a jury of their peers.  This right is a foundational principle of our civil liberty and should be a core tenet of conservatism because it affirms the responsibilities citizens have in a free society and the accountability of all before the law.

Nevertheless, the importance of the civil justice system and the right to trial by jury is poorly understood by many conservatives because trial lawyers are constantly demonized by special interests seeking to evade justice.  Many Republicans have been wrongly led to believe that tort “reform” is some kind of Reaganesque trickle-down solution to the high cost of insurance and the high cost of medical care.  The facts, however, don’t support such a notion.  Skyrocketing insurance premiums are not a result of malpractice litigation, and the high cost of medical care stems more from “offensive medicine” (profiteering by doctors seeking to make an extra buck), rather than “defensive medicine” purportedly resulting from fears of malpractice suits.

In 2007, the Congressional Budget Office estimated that costs associated with medical malpractice claims only amounted to 2% of overall health care spending.  Furthermore, multiple studies suggest that the high cost of medical insurance has virtually no correlation with the frequency or amount of malpractice payouts but is actually a result of insurance companies playing the market and—in some cases—intentionally misrepresenting the influence of malpractice payouts in order to keep premiums high.  Doctors are not fleeing the medical profession from fear of lawsuits, and those who are sued for medical malpractice are often permitted to continue working with little to no professional censure for the harm they inflicted.

The truth is that corporate moguls push for tort reform because they have little use for a civil justice system that puts the little guy on the same plane as the rich and powerful. These so-called fiscal conservatives don’t like equal justice.  They want preferential treatment—something they are accustomed to getting from politicians because of their hefty campaign contributions.

Conservatives need to educate themselves about the importance of a civil justice system that protects everyone and treats all litigants—rich and poor alike—as equals before the law.  Furthermore, true conservatives ought to resist attempts to federalize tort law and impose one-size-fits-all solutions to “problems” that are, in large part, the fictional creations of special interest lobbyists seeking to enrich the coffers of their wealthy clients.  Any change in medical malpractice laws should occur at the state level and be tailored to meet conditions in the individual states.  The people in Topeka may approach the same problem differently from the folks in Tallahassee.  They may be experiencing different problems, or perhaps, none at all.  In any event, the residents of Attapulgus, Georgia don’t want Chuck Schumer and Olympia Snow dictating the remedy they can pursue when a doctor leaves a pair of scissors in the site of their incision or causes avoidable brain damage to their newborn.

Tort reform subsidizes wrongdoing by shielding wrongdoers from accountability for the consequences of their misconduct.  It is an affirmative action program for corporate miscreants.  Incorporating tort reform into health care reform will do nothing to cut medical costs.  It is, however, guaranteed to result in more, not fewer, cases of medical malpractice. Furthermore, federalizing tort laws will only result in the accretion of more power in the hands of the central government and the emasculation of the rights of states and individuals.

If Republicans [or other supporters of tort reform] are truly sincere in their commitment to protecting the rights and liberties of the American people against more and bigger government, they should resist any attempt to federalize the laws of medical malpractice.

http://www.ajustsociety.org/press/article.asp?pr=5449

AAJ President OpEd: Putting Trial Lawyers Out of Business

September 30, 2009

American Association for Justice president Anthony Tarricone has issued an OpEd at Politico:

August was quite the month in the ongoing health care saga. Death panels. Scaring seniors. Angry mobs discovering new villains to blame for the terrible health care system we find ourselves having to fix today.

And then we have the tried-and-tested scapegoat for all of America’s ills and woes: trial lawyers.

Let’s face it: Trial lawyers — and all attorneys, for that matter — aren’t revered by the public at large (unless you need one). But for those who want to stick it to the trial bar, this bill is your chance. We can lower costs, help cover the uninsured and even put trial lawyers out of business.

No, it’s not tort reform. We’re demanding solutions that actually work. And preventing medical errors in the first place — an epidemic that plagues our entire health care system — will result in less litigation, lower costs and healthier patients.

Let’s cut the wheat from the chaff: Tort reform will do nothing to fix health care. Forty-six states have already done it, and costs have continued to skyrocket. The Congressional Budget Office and Government Accountability Office have said tort reform will save practically no money, and they found no evidence of defensive medicine. Medical malpractice suits are less than 1 percent of all civil filings — and this has declined 8 percent during the past decade. The research is definitive and absolute, and those claiming otherwise are just trying to obstruct health care reform altogether.

More than 98,000 people die every year from preventable medical errors, according to the Institute of Medicine. That report is 10 years old, and estimates are the number has gotten significantly worse. This is the equivalent of two 737s crashing every day for a whole year. If planes were crashing like this today, would we focus on giving airlines immunity or making air travel safer?

So this is how you really put trial lawyers out of business: Just cut down on the errors. Fewer errors mean fewer complications — or fewer people who will need legal recourse. Electronic medical records, bar-coding equipment, tagging surgical instruments and routine operating room checklists are just a few measures that can decrease errors. And there are countless more that can corral this epidemic and make patient safety a priority once again.

In the past few weeks, some pundits or talking heads have demanded to know, “What have the trial lawyers sacrificed to get health care passed?” But this isn’t about trial lawyers. It’s about patients, hurt through no fault of their own, left with debilitating injuries or worse. This bill is about health care, not bargaining away people’s legal rights.

But health care reform may still provide ample opportunity to put away the trial bar. We would welcome it. Fewer people who need legal recourse means injuries are more infrequent and health care is getting safer.

But taking away people’s legal rights is the entirely wrong way to do it. That’s saying it is acceptable for 98,000 people to die every year, with thousands more injured, because of preventable medical errors. And that’s also saying it is OK to dictate what their lives are worth or whether they should have any recourse at all. Such a proposition is ridiculous.

We welcome a health care system that has fewer injuries, safer patients and lower costs. But bargaining away people’s legal rights isn’t a suitable alternative. That isn’t a bill we can call health care or reform.

This blog supports Mr. Tarricone’s position.

Tennessee Supreme Court Issues New Comparative Fault Opinion

September 30, 2009

The Tennessee Supreme Court has ruled that a plaintiff who lost a medical malpractice case in federal court was not prevented from bringing another lawsuit against a doctor employed by the state, even though the jury in federal court assigned no fault to the non-party physician in the federal court case.

The Court held:

We have determined that the proceeding in federal court did not provide Ms. Mullins with a full and fair opportunity to litigate her medical negligence claims against Dr. Mejia. It is undisputed that Ms. Mullins could not, as a matter of law, recover monetary damages from either Dr. Mejia or the State in the federal proceedings. Common sense also dictates that it would have been foolhardy for Ms. Mullins to press her claim that Dr. Mejia had been negligent in the federal proceeding because doing so would have diluted the strength of her claims against the remaining defendants and would have profited her little in later proceedings against Dr. Mejia. [Footnotes omitted.]

You can read the entire opinion of Mullins v. State of Tennessee by clicking [HERE].

This opinion provides new guidance in a world where litigation against doctors is being constricted daily. It is nice to see a family afforded a chance to litigate and receive their day in court.

Indiana Juries Awards Medical Malpractice Verdicts

June 26, 2009

Juries in Indiana have awarded plaintiffs $1.21 million and $5 million in two medical malpractice cases, the Indianapolis Star reports. The verdicts stem from cases involving an unnecessary foot surgery and a miscommunication about X-rays which caused the plaintiff to lose a portion of her stomach. Awards of this size are rare in the state, the newspaper says, and will be reduced because of caps on medical malpractice awards.  [Indianapolis Star].

I have said before and will say again, caps are a disservice to the nation. These two persons (or their families) have been unfairly punished by statutory caps. Regardless, there are no caps in Tennessee, yet.

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Ed Wallis and other attorneys in his firm handle medical malpractice cases on behalf of injured persons and their families. If you or someone you love has been injured as a result of medical malpractice, doctor malpractice, pharmacy malpractice, or nurse malpractice, you can contact him at (901) 527-2125. If your loved one died as a result of the actions of a doctor or other health care provider, please call Ed Wallis today at (901) 527-2125. You can email Ed Wallis by clicking HERE.

Ed Wallis and attorneys in his firm help injured persons receive justice in Memphis, Tennessee, across West Tennessee, Jackson, Tennessee, Dyersburg, Tennessee, Nashville, Tennessee, Knoxville, Tennessee, Chattanooga, Tennessee, and across the state of Tennessee. If you live around the Mid South, including West Memphis, Arkansas, Southaven, Mississippi, Olive Branch, Mississippi, Horn Lake, Mississippi, Hernando, Mississippi or anywhere in or around Memphis, Tennessee, he can be of help to discuss medical malpractice lawsuits and your medical malpractice injuries.

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Arizona to consider making it more difficult to provide medical malpractice cases

June 19, 2009

Arizona lawmakers are set to weigh a measure that would make it more difficult for plaintiffs to recover damages in medical malpractice cases, the Arizona Daily Star reports. Under the proposed bill, plaintiffs in medical malpractice cases would be required to prove by “clear and convincing evidence’ that doctors failed to meet expected professional standards. A similar bill was vetoed by former governor Janet Napolitano in 2006. [Arizons Daily News].

Medical malpractice cases are complex, and the defense (read as: the doctors and hospitals) have a bank-full of money to make recovery of your damages as difficult as possible. Increasing the standard required is simply a further effort to preclude recovery by real men, women and children who have been harmed.

If you want to talk to a lawyer about a medical malpractice lawsuit, or think you may have a claim, please visit the MEDICAL MALPRACTICE PAGE.

Ed Wallis and other attorneys in his firm handle medical malpractice cases on behalf of injured persons and their families. If you or someone you love has been injured as a result of medical malpractice, doctor malpractice, pharmacy malpractice, or nurse malpractice, you can contact Ed Wallis or other attorneys in his firm at (901) 527-2125. If your loved one died as a result of the actions of a doctor or other health care provider, please call Ed Wallis today at (901) 527-2125.

Ed Wallis helps injured persons receive justice in Memphis, Tennessee, across West Tennessee, Jackson, Tennessee, Dyersburg, Tennessee, Nashville, Tennessee, Knoxville, Tennessee, Chattanooga, Tennessee, and across the state of Tennessee. If you live around the Mid South, including West Memphis, Arkansas, Southaven, Mississippi, Olive Branch, Mississippi, Horn Lake, Mississippi, Hernando, Mississippi or anywhere in or around Memphis, Tennessee, he can be of help to discuss medical malpractice lawsuits and your medical malpractice injuries.

You can also call Ed Wallis at (901) 527-2125, send Ed an E-MAIL BY CLICKING HERE, or by filling out this form:

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Indiana Jury Awards Damages for Misdiagnosis

June 19, 2009

An Indiana jury has ordered several Indianapolis health care providers to pay a combined $5 million to a woman who was misdiagnosed in 2000. According to the lawsuit, Clarian Health Partners, Radiologic Specialists of Indiana and Dr. Richard L. Gilmor failed to diagnose that the woman had suffered a ruptured diaphragm. The misdiagnosis led to the removal of a third of her stomach and ongoing complications, an attorney for the woman said. State medical malpractice caps will limit the award to $1.25 million. [Indianapolis Star].

The good news is that a jury of this injured citizen of Indiana. The bad news is that the plaintiff will receive less money than a jury of her peers awarded because of caps. Worth mentioning, medical malpractice caps did not prevent this lawsuit, which some proponents claim is a guarantee if caps are implemented across the country.

I try to help people that have been injured as a result of medical malpractice, hospital malpractice or other forms of medical wrongdoing. If you believe you have been injured, please contact me. I will make myself available to speak directly to you.

Ed Wallis and other attorneys in his firm handle medical malpractice cases on behalf of injured persons and their families. If you or someone you love has been injured as a result of medical malpractice, doctor malpractice, pharmacy malpractice, or nurse malpractice, you can contact Ed Wallis or other attorneys in his firm at (901) 527-2125. If your loved one died as a result of the actions of a doctor or other health care provider, please call Ed Wallis today at (901) 527-2125.

Ed Wallis helps injured persons receive justice in Memphis, Tennessee, across West Tennessee, Jackson, Tennessee, Dyersburg, Tennessee, Nashville, Tennessee, Knoxville, Tennessee, Chattanooga, Tennessee, and across the state of Tennessee. If you live around the Mid South, including West Memphis, Arkansas, Southaven, Mississippi, Olive Branch, Mississippi, Horn Lake, Mississippi, Hernando, Mississippi or anywhere in or around Memphis, Tennessee, he can be of help to discuss medical malpractice lawsuits and your medical malpractice injuries.

You can also call Ed Wallis at (901) 527-2125, send Ed an E-MAIL BY CLICKING HERE, or by filling out this form:

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Medical Malpractice Survivors Decry Possible Stripping of Rights

June 17, 2009

For Release:
June 15, 2009

Contact: Joanne Doroshow or Andy Hoffman - Center for Justice & Democrary
(212) 267-2801; cell (917) 548-5263

MEDICAL MALPRACTICE SURVIVORS DECRY
POSSIBLE STRIPPING OF RIGHTS IN PRESIDENT’S HEALTH CARE PLAN

NEW YORK - Sixty-four survivors of medical malpractice from 21 states sent a
letter to President Obama today expressing extreme concern that the rights
of medical malpractice victims have become a “political bargaining chip” in
the President’s efforts to sell his health care plan, and that their rights
may be stripped away as a result. Reports now indicate that the President
supports measures that would drastically limit injured patients’ rights to
trial by jury by allowing biased medical societies or politicians to make
liability decisions. The group of malpractice survivors have requested a
meeting with President Obama to express dissatisfaction with the President’s
willingness to include far-reaching medical malpractice limits in his
national health care proposal.

The survivors are working with the national consumer group Center for
Justice & Democracy in trying to get their voices heard. CJ&D Executive
Director Joanne Doroshow said, “Taxpayers have already been asked for
billions of dollars to rescue Wall Street banks. Now they may be asked to
give up their constitutional rights. What’s next?”

Donna Harnett, a Chicago resident whose son, Martin, was severely
brain-damaged at birth due to delivery errors, said, “Any proposal that
would limit the right to trial by jury would be devastating to families like
mine who have suffered catastrophic injuries. Moreover, it will do nothing
to expand health coverage or reduce health care costs.”

“I am very disappointed that the President is considering measures that
would put patients rights in jeopardy. I certainly hope that he accepts our
request to meet with families like ours, who have had lives ruined and lost
loved ones to medical negligence,” said Michael Bennett of Baltimore,
Maryland. Mr. Bennett’s father, Mark Bennett, died after being exposed to
six types of bacteria while in the care of a Baltimore-area hospital.

“As survivors of medical negligence, we believe that our voices should be
heard in any discussion that could result in curbing the legal rights of
seriously injured patients,” said Dylan Malone of Seattle, Washington, whose
son, Ian, died several years after being severely brain damaged due to
delivery-related errors.

The text of the letter follows:

###

June 15, 2009

President Barack Obama
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500

Dear President Obama:

We are writing to request a meeting with you to discuss the issue of medical
malpractice, which news reports now indicate may be part of your national
health care proposal as a political “bargaining chip.”

We are part of a group of survivors of medical negligence who are concerned
that our voices be heard in any discussion that could result in curbing the
legal rights of seriously injured patients. We are extremely concerned that
the rights of medical malpractice patients may be stripped away as part of
your national health care proposal. This includes restrictions on the
rights of catastrophically injured patients to have access to the courts.

People like us and our families certainly do not feel as though doctors and
hospitals practice too much “defensive medicine,” or that lawsuits against
negligent providers are frivolous, or that there is any justification for
eliminating the right to jury trial in medical malpractice cases. Patients
deserve to have an unbiased judge and jury, which have heard all the facts
and weighed all the evidence, decide if care is negligent and what the
compensation for their loss should be. That decision should not be made by
political officials or biased medical societies.

Further, tackling medical malpractice issues will not bring down health care
costs according to every government study that has looked into this. The
Congressional Budget Office has confirmed, “malpractice costs account for
less than 2 percent of [health care] spending.” Blaming so-called
“defensive medicine” for growing health care costs is also bogus. Listen to
our stories and you will understand why no credible government study
supports the notion that “defensive medicine” is a problem. Most recently,
the General Accountability Office harshly criticized evidence continuously
cited by the American Medical Association that the tort system encourages
defensive medicine.

Nobody appreciates the need to have competent doctors available to serve in
every area of this country more than people like us who have been patients.
But making it more difficult for us to bring legitimate cases against
negligent providers will make matters worse and certainly not solve this
country’s real medical malpractice crisis, which now costs the lives of more
than 98,000 people each year. It will only reduce accountability in the
system and re-victimize people who are already victims.

Please contact our representative in New York, Joanne Doroshow, from the
consumer group the Center for Justice & Democracy, to follow up on this
request. You can reach her at (212) 267-2801 or email her at
joanned@centerjd.org. Thank you for your consideration.

Sincerely,

Alan Apter
Duluth, MN

Rebecca Ball
Thompson, CT

Michael Bennet
Baltimore, MD

Earlene Burney
Clarksville, TN

Sharon Caulder
Chesterfield, SC

Bill Collins
Norwalk, CT

Elizabeth Colloty
Ridgefield, CT

Linda Debenedictis
Norwood, MA

Ellen Delisio
Middletown, CT

Mathy Milling Downing
Laytonsville, MD

Vernon and Shawnna Gardner
Lewellen, NE

Lisa and Michael Gourley
Valley, NE

Steve Govoni
Rowayton, CT

Cindy and Bruce Gustafson
Littleton, CO

Leslie Haag
Bacliffe, TX

Donna Harnett
Chicago, IL

Helen Haskell
Columbia, SC

Carole and Joe Hemmelgarn
Highlands Ranch, CO

Jack Hickey-Williams
Newtown, CT

Vera Holmes
Irmo, SC

Cynthia and Justin Iriondo
South Windsor, CT

Bobbie Jenke
Santa Rosa, CA

Shigeru and Sandra Katada
McKinney, TX

Sherry Keller
Conyers, GA

Amy Kyllonen
Prior Lake, MN

Mary Ellen and Patrick Ladd
West Hartford, CT

Gary Lampman
Hendersonville, TN

Paul Lyon
Kingston, PA

Dylan and Christine Malone
Everett, WA

Susan Manganello
Newington, CT

Tina Minasian
Roseville, CA

Rebecca Martins
Warren, ME

Justin Mattes
Woodcliffe Lake, NJ

John McCormack
Pembroke, MA

Vicki McDonough
Commerce City, CO

Joe Mungai
Elgin, IL

Marie Naish
Tarrant, AL

Michael Nystrom
Mystic, CT

Patti O’Regan, ARNP, ANP, NP-C, PMHNP-BC
Port Richey, FL

Kathy, Scott, and Steve Olsen
Chula Vista, CA

Anetta Parker
Houston, TX

Carolyn Passero
Westport, CT

Jean Rexford
Redding, CT

Myra Richardson
Carson, WA

Ruben Rodriquez
Yonkers, NY

Deb Shaw
Half Moon Bay, CA

Patty Skolnik
Denver, CO

Julie Smith
Reidville, SC

Jay and Sue Stratman
Chesterfield, MO

Ken and Brenda Stoltz
Leesburg, VA

Bart Windum
Boulder, CO

Suzie Zionkowski
Aiken, SC

###

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