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May

Veterans Struggle after Being Stripped of Disability Benefits

May 31, 2013

An investigative report by The Colorado Springs Gazette released earlier this week discussed how the Army is wrongfully taking away benefits from some wounded veterans returning from service.

The piece highlighted the story of a former U.S. Army Sergeant. The soldier was serving in Iraq when an improvised explosive device hit him in the face and shattered the lower half of his skull. As a result of the injuries he sustained, the soldier was in a coma for several months before awakening to multiple surgeries.

The man’s condition has improved, and he returned to serve again before suffering another serious blow to the face. He was then transferred to a wounded warrior unit. During his time there, he was taking prescription Sudafed that the Army had given him to help battle sinus infections he commonly suffered due to his injuries.

He was given a random drug screening by the Army and tested positive for amphetamines. He approached the Army and explained that the Sudafed they had given him was known to cause false positives on drug screenings, but was denied a re-test. Instead, the commanding officer discharged him form service, stripping him of the Veterans’ Disability Benefits he depended on for his medical care.

The Colorado Personal Injury Lawyers with McDivitt Law Firm acknowledge the difficulties many soldiers face in receiving benefits from the armed forces. The firm is here to help if your claim for assistance during or after service has been denied.

May

FDA Announces Recall of Sterile Compounded Medications Due to Contamination

May 29, 2013

The U.S. Food and Drug Administration (FDA) has announced it is partnering with Main Street Family Pharmacy, LLC in announcing the voluntary recall of all sterile products that were compounded at the facility. The recall is being initiated due to contamination that has led to several patients who used their medications becoming ill.

According to an FDA press release, the company recently received reports of illness from seven patients who were given the company’s preservative-free methylprednisolone acetate injections. The patients stated they had developed abscesses that seem to be fungal in nature at the site of the injection.

The case involves a similar manufacturing process and medication that led to a recent Fungal Meningitis Outbreak that claimed 55 lives and left another 741 patients sickened.

In response to the risk of infection, the FDA has recalled all medications that were manufactured at the manufacturer’s Tennessee facility. Those who are in possession of these products are encouraged to contact Main Street Family Pharmacy. Patients who have used a medication manufactured by the facility and suspect complications have been instructed to contact their healthcare provider and the FDA to report the issues.

The Denver Injury Attorneys with McDivitt Law Firm are aware of the dangers a contaminated medication can cause. The firm is here to help if you have been harmed by a medication given to you by a healthcare provider.

May

FDA Announces Recall of Stryker ShapeMatch Cutting Guides

May 20, 2013

The U.S. Food and Drug Administration (FDA) has partnered with medical device manufacturer, Stryker Corp. in initiating a recall on the company’s ShapeMatch Cutting Guides. Reports indicate the product was deemed a defective medical device after the agency received reports that its use could result in botched surgeries.

An FDA Press Release stated the devices are used to help surgeons determine the positioning of a certain line of the company’s orthopedic knee replacement products. They are also used to mark where bones should be cut during knee replacement procedures.

The problem with the device is that its manufacturer may not have considered the standard preoperative planning procedures followed by surgeons. The use of the device during a surgical procedure could potentially lead to mistakes that result in knee replacement units not functioning properly.

Those who believe their knee replacement surgery has been affected by the use of this product have been instructed to contact their surgeon.

This is not the first recall the company has faced. For several years, cases involving the Stryker® Hip Implant Recall have been moving through court systems across the nation. In fact, decisions in favor of plaintiffs have been reached in several cases.

The Colorado Personal Injury Lawyers with McDivitt Law Firm encourage anyone who has been harmed through the use of a defective medical device to discuss his or her legal rights with an attorney.

May

VA Not Giving Bonuses to Top Executives This Year

May 6, 2013

With hundreds of thousands of Veterans returning from duty overseas in Iraq and Afghanistan in need of Veterans’ Disability Benefits, the number of backlogged claims awaiting a decision has grown. Records show that the number of pending claims skyrocketed in 2011 from 200,000 to 500,000.

As a result, an article from NOCO 5 News stated that the Department of Veterans’ Affairs (VA) announced it will not be awarding performance bonuses to its top executives this year. The last time bonuses were given to top VA employees in 2011, they received more than $2.8 million in extra pay.

Officials stated the move was being made because it wasn’t fair to reward employees who were not performing as expected. A spokesperson for the VA, Josh Taylor, explained that the money saved by not awarding bonuses this year would be used to help reduce the number of backlogged claims. However, no specifics were given on how the money would be used to achieve this goal.

The announcement comes on the heels of new regulations being put into place on how bonuses are issued to VA executives. The new rules also reduced the amount of money the VA’s highest-ranking employees would receive through bonus programs.

The Colorado Personal Injury Lawyers with McDivitt Law Firm are hopeful the decision will be effective in expediting the process of getting disabled veterans the help they deserve.

Apr

Mobile Phone Application Gives Information on Defective Products

April 29, 2013

Several government agencies closely monitor consumer product safety to help keep Defective Products off the market. In order to help make the public more aware of potentially dangerous products, the government has created a mobile phone application aimed at giving consumers the most up-to-date information on products that have been affected by recalls.

A press release issued by the General Services Administration stated the application is currently available for all Android phones through the Android App Market. The application, called Recalls.gov, offers consumers names of affected products, when they were recalled, and the reasons behind each recall.

The application also allows a user to search a database of recalled products to ensure what they are buying is safe. If a user is having a problem searching for an item, they can simply scan a barcode to look it up in the system. Users also have an option to receive tips on how to avoid dangerous items.

So far, the application has roughly 50,000 users and has received positive reviews.

The Colorado Personal Injury Lawyers with McDivitt Law Firm applaud the efforts that are currently being made to keep the public safe from products that can present health dangers. The firm is hopeful that more efforts to educate the public about product dangers and recalls will be made in the future.

Apr

VA Announces Plan to Process Older Veterans’ Disability Claims

April 22, 2013

Each day, the number of soldiers seeking Colorado Veterans’ Disability Benefits continues to grow. There are currently 900,000 U.S. veterans awaiting an approval or denial of their claim. An estimated 250,000 veterans have waited more than a year for the decision to be made.

Finding a solution to the backlog of claims has become a hot topic of debate among government officials. However, a decision was recently announced that should help ease the swelling number of cases.

A story from KOAA News explained the Department of Veteran Affairs has a goal of processing each claim for benefits within 125 days. In recent years though, the agency has averaged 262 days to process a claim. In an effort get approvals for veterans who have waited more than a year for a decision, the agency will focus on processing their claims before any others.

Decisions in these cases will be made within the next several months.

While this may sound like a step forward, it may do very little to speed the claims process along for many veterans. The move may create a cycle in which the newest claims are put into a holding pattern. Numbers show a high likelihood that many of the older claims now scheduled for processing may simply be denied as well.

The Denver Personal Injury Lawyers with McDivitt Law Firm may be able to help if you are considering applying for benefits.

Apr

FDA Announces Several Recalls on Contaminated Drugs

April 8, 2013

The U.S. Food and Drug Administration (FDA) has initiated several drug recalls during the past several weeks. Four major announcements have involved separate medications manufactured by different compounding centers, but have all been based on product contamination.

Last month, the FDA announced it had partnered with Clinical Specialties to implement a recall of injections of Avastin. Officials stated several patients had developed serious inner eye infections after receiving the injections. The recall was later expanded to include all medications the company produces since sterility could not be guaranteed.

The same day that initial recall was expanded, the FDA announced Med Prep Consulting, Inc. was recalling all of its compounded products because of mold contamination.

The FDA and Pallimed Solutions, Inc. later stated a similar recall was being conducted due to particulates in their compounded products. Then, on Friday, March 29, another company, Hospira, issued a statement saying it would be recalling injections of sodium chloride i because of brass particulates identified in certain lots of the injections.

The agency’s crackdown on compounding centers and their manufacturing standards often comes on the heels of numerous reports of a certain Drug Injury resulting from contamination during the manufacturing process.

The Colorado Personal Injury Lawyers with the McDivitt Law Firm encourage patients to carefully research and inspect medications before beginning a regimen prescribed by a doctor.

Apr

Disabled Veterans Participating in Colorado Winter Sports Clinic

April 1, 2013

The injuries that soldiers suffer in the line of duty often have devastating effects on their physical and mental state. To help the growing number of veterans now facing these struggles, the Department of Veteran Affairs (VA) kicked off the 27th annual National Disabled Veterans Winter Sports Clinic in Snowmass Village, Colorado, last night.

A press release from the U.S. Department of Defense explained how more than 400 participants would take part in a range of activities designed to build confidence, as well as develop mental and physical strength throughout the five-day event. The VA assistant secretary for public and intergovernmental affairs, Tommy Sowers, states that most of the veterans taking part in the event suffered injuries during Operation Enduring Freedom and Operation Iraqi Freedom. Many also are recipients of Colorado Veterans Disability Benefits due to conditions including spinal cord injuries, orthopedic amputations, and neurological conditions.

Veterans will each try activities like skiing, scuba diving, rock climbing, snowmobiling, and sled hockey. Advocates of the program claim the skills and knowledge taken away by those who participate in the clinic will carry over into the remainder of their rehabilitation process and likely into the rest of their lives as well.

The Colorado Personal Injury Lawyers at McDivitt Law Firm would encourage any soldier or veteran who is considered disabled to consider attending or participating in this exciting annual event!

Mar

New Tests Being Developed to Prevent Chantix® Drug Injury

March 25, 2013

Official estimates show that roughly 540,000 consumers of medications like Chantix® as well as a number of different antidepressants annually suffer serious side effects resulting in acts of violence. With so many people at risk, many wonder what is being done to eliminate this problem.

The U.S. Food and Drug Administration has required makers of these dangerous medications to place a warning on the packaging of their products, but many experts feel it still isn’t enough to protect the public. Renowned doctor and researcher, David Healy, MD, points out that as many as 90 percent of acts of mass violence occur at the hands of an individual who is taking a psychotropic drug.

According to a release from Pharmiweb.com, a Boulder-based company announced it will be developing tests that can be used by doctors to determine if antidepressants are safe for a patient to use. These tests will identify genetic markers that indicate a predisposition to suffering a serious side effect, like a Chantix Drug Injury.

Experts say such tests could revolutionize the health care industry by reducing liability and other costs, while improving the quality of patient care.

The Colorado Personal Injury Lawyers with McDivitt Law Firm encourage those who are considering taking a smoking cessation drug or antidepressant to discuss the risks involved with such medications with their doctor before beginning a regimen. Doing so could save your life.

Mar

FDA Releases Warning about Zithromax Risks

March 13, 2013

The U.S. Food and Drug Administration (FDA) recently issued a warning to the public regarding a medication made by the drug manufacturer Pfizer, Inc. According to a statement from the agency, the drug Azithromycin, carrying the brand name Zithromax, can cause irregularities in the electrical activity within the heart. This side effect can result in a Drug Injury such as:

abnormal heart rhythms,
arrhythmias,
and even death.

The drug is a versatile antibiotic that has been on the market for several years. However, a study published in the New England Journal of Medicine concluded the risk of death was higher when taking Zithromax than with any other similar antibiotic. Another study from Vanderbilt University produced similar results.

Patients who suffer from QT interval prolongation, low levels of potassium or magnesium in their blood, slow heart rates, or use certain medications to treat abnormal heartbeat are especially prone to these risks.

These findings prompted the FDA to force Pfizer to modify the Warnings and Precautions section of the drug’s label to address the newly discovered dangers. The agency is also warning doctors to consider alternatives before prescribing Zithromax to a patient.

The Denver Personal Injury Attorneys with McDivitt Law Firm are aware of how devastating a drug injury can be. The firm is hopeful the warning will be successful in reducing the number of patients negatively affected by this medication.

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