John Doe, a minor v. El Centro Regional Medical Center

Facts:  On January 29, 2009, 14 year old John Doe fell off his bicycle and hit his head on the pavement. His parents took him to El Centro Regional Medical Center Emergency Department as he was groggy and had an intense headache.  While at the reception counter, he lay his head on the reception counter while his mother checked him into the hospital.  After being checked in, the registration clerk told he and his mother to go sit in the waiting room and to wait their turn as 10-15 people were ahead of him.  After sitting in the waiting room for 20 minutes, John Doe’s condition got worse.  His head pain became more intense and he began sweating profusely.  He lay on the title floor of the waiting room.  His parents became alarmed and went to alert someone in the registration area that his condition was getting worse and he needed to be seen right away.  John Doe’s mother went to the registration area but no one was there. She called out for help but no one from the hospital responded.  Concerned that their son’s condition was getting much worse and no one was in the registration area, the parents decided to drive their son to the next hospital in Brawley, approximately 20 minutes away.  While on the way to the second hospital, John Doe vomited and his limbs stiffened outwards (decorticate posturing). When he arrived at Pioneers Hospital, a CT Scan was taken stat and it showed that he was suffering from an epidural hemorrhage.  The hemorrhage caused his brain to shift 2 cm left of the midline.  The only neurosurgeon on the County of Imperial was called to treat John Doe.  The neurosurgeon happened to be across the street from El Centro Regional Medical Center working in his office at the time he was called to drive out to Brawley.     An emergency craniotomy procedure was performed on John Doe.  Unfortunately, John Doe was left with permanent brain stem damage.  He was left with permanent impairment and damage to his left side.  He is unable to speak, swallow or walk.
John Doe asserted a claim of medical malpractice against the El Centro Regional for failing to provide a timely triage assessment on him.  It was determined during the litigation that El Centro Regional’s policy and procedures require their staff to perform an immediate triage on a patient who presents in the emergency department with a claimed head injury. This was not done.  Had John Doe been triaged when he presented at the hospital, it was established that the surgical team could have been assembled within a few minutes and a craniotomy would have been performed approximately 1.5 to 2 hours earlier than it was.  Had this procedure occurred when it should have, John Doe would have essentially been normal today.
The City of El Centro, which owns El Centro Regional Medical Center agreed to settle the matter for 5.1 million dollars.

San Diego Personal Injury Attorney Wins: John Doe, a minor, vs. El Centro Regional Medical Center

Facts:  On January 29, 2009, 14 year old John Doe fell off his bicycle and hit his head on the pavement. His parents took him to El Centro Regional Medical Center Emergency Department as he was groggy and had an intense headache.  While at the reception counter, he lay his head on the reception counter while his mother checked him into the hospital.  After being checked in, the registration clerk told he and his mother to go sit in the waiting room and to wait their turn as 10-15 people were ahead of him.  After sitting in the waiting room for 20 minutes, John Doe’s condition got worse.  His head pain became more intense and he began sweating profusely.  He lay on the title floor of the waiting room.  His parents became alarmed and went to alert someone in the registration area that his condition was getting worse and he needed to be seen right away.  John Doe’s mother went to the registration area but no one was there. She called out for help but no one from the hospital responded.  Concerned that their son’s condition was getting much worse and no one was in the registration area, the parents decided to drive their son to the next hospital in Brawley, approximately 20 minutes away.  While on the way to the second hospital, John Doe vomited and his limbs stiffened outwards (decorticate posturing). When he arrived at Pioneers Hospital, a CT Scan was taken stat and it showed that he was suffering from an epidural hemorrhage.  The hemorrhage caused his brain to shift 2 cm left of the midline.  The only neurosurgeon on the County of Imperial was called to treat John Doe.  The neurosurgeon happened to be across the street from El Centro Regional Medical Center working in his office at the time he was called to drive out to Brawley.     An emergency craniotomy procedure was performed on John Doe.  Unfortunately, John Doe was left with permanent brain stem damage.  He was left with permanent impairment and damage to his left side.  He is unable to speak, swallow or walk.

John Doe asserted a claim of medical malpractice against the El Centro Regional for failing to provide a timely triage assessment on him.  It was determined during the litigation that El Centro Regional’s policy and procedures require their staff to perform an immediate triage on a patient who presents in the emergency department with a claimed head injury. This was not done.  Had John Doe been triaged when he presented at the hospital, it was established that the surgical team could have been assembled within a few minutes and a craniotomy would have been performed approximately 1.5 to 2 hours earlier than it was.  Had this procedure occurred when it should have, John Doe would have essentially been normal today.

The City of El Centro, which owns El Centro Regional Medical Center agreed to settle the matter for 5.1 million dollars.

If you or a loved one has been injured, call Marc Mabile, a San Diego personal injury attorney, at 619-702-2600 for a free consultation.

Stem Cell Therapy may be a viable treatment option, particularly when there are no other treatment options available. Stem cells that come from bone marrow or blood are routinely used in transplant procedures to treat patients with cancer and other disorders of the blood and immune system. However, the recent arrests of three men who were criminally charged with administering stem cell treatment suggest that stem therapy is a “buyers beware” market to some degree.

The FDA must approve the use of stem cell therapy for safety and efficacy, along with specific intended use(s). In some cases, you may participate in an FDA approved clinical trial to receive stem cell therapy. If you are interested in stem cell therapy, you will want to heed the FDA’s warnings, including:

• There are safety risks associated with stem cell therapy, including safety risks associated with the spinning technique that is used to prepare the stem cells to be administered into your body.
• Certain bodily areas may respond negatively to stem cell therapy. This includes the formation of tumors or movement of the stem cells to other areas of the body.
• If you are interested in stem cell therapy outside of the U.S., check on the regulations in the country to help ensure safety and effectiveness. Other countries may or may not have conducted studies to determine the appropriate protocol for stem cell therapy.

The FDA regulates stem cells in the U.S. to ensure that they are safe and effective for their intended use.

If you or a loved one has been injured, call Marc Mabile, a San Diego personal injury attorney, at 619-702-2600 for a free consultation.

California Walgreens retail stores were notified of listeria contamination in select egg and tuna salad sandwiches, including:

• DeLish brand Egg Salad on HoneyWheat Sandwich, UPC code 0.49022-51925.1, enjoy-by date 1/17/12 through 2/5/12
• DeLish brand Tuna Salad on Multigrain Bread Sandwich, UPC code 0.49022-51928.2, enjoy-by date 1/22/12 through 2/5/12

Listeria contamination in hard-cooked eggs has led to the recalls in Michael Foods products in 34 states.   The listeria contamination was detected in lab tests run on hard-cooked eggs from Michael Foods’ Wakefield, Neb., plant, but no illnesses have been reported to date. The firm contends that the contamination was linked to a “specific repair project”.  By the same token, the recalled cooked, peeled eggs were widely distributed throughout the U.S.  The recall expanded to eggs sold under six brand names — Columbia Valley Farms, GFS, Glenview Farms, Papetti’s, Silverbrook, and Wholesome Farms — bearing lot codes of 1 LOT 1350W through 1 LOT 2025W and expiration dates ranging from 1/30/2012 to 3/10/2012. The food types include: Eggs (special-order deli tray or six pack, 12 pack), Cobb Salad (10 oz., 43 oz., and 6.5 lb.), Garden Salad (10 oz., 20 oz., 2 lb., and 5 lb.), Baby Spinach Salad (9 oz., 1.8 lb., and 3.9 lb.), Chef Salad (9 oz. and 18 oz.), Egg Salad (sold by the pound in prepared foods), Egg Salad Sub (Sub Shop), Kosher Macaroni Salad (sold by the pound in kosher deli), Kosher Pickled Eggs (sold by the pound in kosher deli).

Listeria Symptoms

If you suspect you have eaten foods contaminated by listeria, you’ll want to be mindful of listeriosis, the medical condition linked to listeria contamination.  You may notice symptoms anywhere from 2 days to 2 months after eating the food.  These symptoms include: stiff neck, headache, confusion, loss of balance, and convulsions. Listeriosis is estimated to be fatal in 20% of the cases, particularly for seniors, pregnant women, those taking immunity-suppressing drugs, and those with weakened immune systems.

If you or a loved one has been injured, call Marc Mabile, a San Diego personal injury attorney, at 619-702-2600 for a free consultation.

Mesothelioma is a form of lung cancer due to asbestos exposure that usually occurs while working in an environment that contains materials made of asbestos. Thousands of construction workers, heating and air conditioning repairmen, home builders, plumbers, electricians, dry wall installers, and workers in other trade industries have developed Mesothelioma over the years.  At times, Mesothelioma is difficult to diagnose, but the outcome is inevitable. Many people do not survive a year following diagnosis.

The Law Office of Marc Mabile would like to advise you about this risk and also welcomes the opportunity to discuss your legal rights because you and your family may be entitled to financial compensation for your injuries.  In fact, because the cancer typically progresses very quickly, the law allows mesothelioma cases to be expedited on a fast track for speedy closure.

In fact a recent case suggests why it is important to seek out an attorney as soon as possible. A Washington resident who was employed as a deckhand on a ferry was initially offered an award of $5000.00 for contracting mesothelioma on the job, but he pursued the advice of an attorney to be ultimately awarded nearly $1.5 million for his injuries.  The final award was designed to compensate for the pain, suffering, disability and loss of enjoyment in life that the man and his family had experienced. He is not expected to live more than one year, but the funds will take care of his family for years to come.

If you or a loved one has been injured, call Marc Mabile, a San Diego personal injury attorney, at 619-702-2600 for a free consultation.

The FDA has recently announced a “Bad Ad Program” to assist physicians and allied healthcare personnel for detecting and reporting misleading drug ads. There have been a growing number of drug companies, particularly over-the-counter companies located on the Internet, which have produced sensational ads or misleading ads and may be counterproductive for consumers. This has led to a growing cause for concern for the FDA.

So, the FDA is rolling out a three phase program to better inform physicians about their role in identifying misleading ads. Misleading ads may tout cures that have not been backed by science for medical conditions. Some of these products have been associated with elevated risks for disease.

As the FDA rolls out its Bad Ad program, perhaps, now is a good time for the members of your household to roll out your own safety program by making yourselves more aware of misleading goods.    In short, anything that sounds too good is probably a red flag indicator. Purchasing over-the-counter drugs and pharmaceutical drugs that have passed a test of time is typically the wiser choice when compared to new over-the-counter drugs and pharmaceutical drugs.

The program will be rolled out in three phases. In Phase 1, the Division of Drug Marketing, Advertising and Communications will engage health care providers at specifically-selected medical conventions and partner with specific medical societies to distribute educational materials. Phases 2 and 3 will expand the FDA’s collaborative efforts and update the educational materials developed for Phase 1.

The FDA’s traditional regulatory activities for monitoring prescription drug promotion primarily rely on review of promotional pieces submitted to the agency by sponsoring drug companies, industry complaints, and field surveillance at large medical conventions. Although these efforts are effective, the agency has limited ability to monitor promotional activities that occur through other outlets.

If you or a loved one has been injured, call Marc Mabile, a San Diego personal injury attorney, at 619-702-2600 for a free consultation.

Natural Testosterone Boosters and Libido Enhancers have become popular over recent years. However, there are risks associated with all drugs and the recent recall signified the need to bring about greater awareness about the topic. In September of 2011, Advanced Muscle Science issued a recall of the company’s products known as AROM-X Capsules, AROM-X UTT Liquid, AROM-XL Liquid, 4-AD Capsules and Decavol Capsules due to identified risks, including: decreased rate of bone maturation and growth, decreased sperm production, infertility, aggressive behavior, adrenal insufficiency, kidney failure, and liver dysfunction. People who have liver, kidney, adrenal, or prostate abnormalities are at higher risk for developing more serious illnesses.

Though the recall was originally issued in September, it appears that some stores are still selling the products, posing an ongoing risk for users. Therefore, Advanced Muscle Science issued another recall recently to better ensure that people will not purchase the above mentioned drugs any longer.

By the same token, people who purchased the drug will not be receiving a notice. So, it is wise to check for recalls about the products you purchase. This particularly applies to new products on the market that have not passed a test of time. This also applies to products you traditionally use. In the case of Advanced Muscle Science, the FDA found that one of the product’s ingredients does not meet guidelines and therefore, is in violation of the provisions in Food, Drug and Cosmetic Act.  The recall followed this discovery.

Illnesses from drugs can be very costly. First, it can be difficult to diagnose an adverse event caused by a recalled product, making treatment more difficult to pursue. Other costs that can be difficult to manage include: missed work, financial medical expenses, pain and suffering of the affected individual, as well as, pain and suffering of family members.

If you or a loved one has been injured, call Marc Mabile, a San Diego personal injury attorney, at 619-702-2600 for a free consultation.