Harsh Reality: Elective Cosmetic Surgery vs Medical Malpractice

April 6th, 2011. By AbiK

Just yesterday, we posted about Marilyn Leisz—the New Jersey woman who underwent an operation to fix an earlier operation and a congenital defect—on her eyes. Actually, MSNBC reports that she has had 30 surgeries to correct the problem. But the corrective procedures have left her unable to close her eyes. 

So, Leisz filed a medical malpractice suit against her cosmetic surgeon, Dr. Paul Parker, and was just awarded $115,000. And she’s not happy about it. Who can blame her? After all, the amount seems a bit small given that she has to use a special gel and vaporizer to keep her eyes moist, and she has to sleep with a mask at night to prevent her from scratching her corneas. And she is at risk for blindness—listen to her describe her plight in the above msnbc.com video.

One has to wonder—how did the jury figure out $115,000? as in only $115,000?

Leisz said her life has been thrown into shambles. “I feel like my whole life has been stolen from me,” she told NBC News. “Your eyesight affects everything that you do.”

The simple tasks the rest of us take for granted every day—things like showering, or even sleeping—have become major events requiring a fair amount of preparation for Leisz.

While it’s easy to question why Leisz may have needed (and willingly undergone) some 30 procedures, the interesting part of this is how a cosmetic surgery malpractice case plays out in the legal arena. At least in this instance, it seems as though there’s a bit of a “well, she should’ve known” or “heck, she’s the one who signed on for it” attitude—and maybe at times Read the rest of this entry »

Levaquin Side Effects Risky—not Rare—for the Elderly

April 5th, 2011. By janem

According to the Levaquin manufacturer and even some government agencies, Levaquin side effects are rare. But tell that to possibly thousands of people who have suffered tendon rips and ruptures after taking Levaquin, sometimes for a slight sinus infection.  (By September 2010, more than 1,000 reports of tendon problems had been documented.)

Elderly people are at risk for a few reasons. It’s easy to chalk up a torn Achilles tendon to simply old age and overuse; they could be on a number of meds so the finger can’t be pointed directly at Levaquin; they could have other, ongoing problems.

I also found out that Levaquin is over-prescribed and should only be used as a last resort, when other antibiotics fail. So why have I interviewed a number of people (like Marcia, a ballet teacher ) who took it for a minor sinus infection? And by all accounts, their doctors are not aware of Levaquin side effects because they aren’t being told by the drug maker! Sure, we could argue that our health providers should know, but how many hours are there in a doctor’s day to research all the meds they prescribe? I can understand their logic: If it ain’t in the big blue book, it’s OK by me.

I interviewed 73-year-old Carol (not her real name) yesterday—yet another Levaquin victim. (BTW, I –personally–must have interviewed dozens of Levaquin victims in the past few years, so how can the side effects be rare?) Anyway, her story is a typical example of Levaquin’s serious side effects, and how the drug company is getting away with so many injuries…

Carol took the 5-day course of Levaquin in January 2009 and her infection cleared up right away. Then she took it again in May for a bout of bronchitis. “In November I had some trouble with my ankle,” says Carol. “I just figured I had overused it (I live in New York and walk everywhere) and could just walk it off; apparently it’s common to have foot problems when you get older. Close to Christmas I ended up at the podiatrist: he took an x-ray, said it appeared to be inflamed and put me in a walking boot to keep my ankle stable, and sent me to physical therapy…

In September I was at the beach with my friends and I was limping due to a back problem. My friend asked if anything was wrong with my ankle. Then she said, ‘ Have you ever taken Levaquin because I took it and my ankle starting aching right away so my doctor told me to stop taking it—ASAP.’ I’d never heard of such a thing!”

What really amazes me is why so many people still don’t know about Levaquin and its link to tendon ruptures and rips—an injury that is not only very painful, but hard to recover from when you get older…

“Now I find out, through a friend who worked at J&J for years, that Levaquin has a black box warning,” says Carol. “Besides a recall, that’s the worst thing that can happen to a drug.” And potentially the worst thing that can happen to the consumer. (Incidentally, a lawsuit accused J&J of pushing Levaquin on to senior citizens, who didn’t even need the drug.)

“The first time I looked up Levaquin’s black box warning, it was contraindicated for people over 60,” Carol points out. “Now young people are being warned. My friend has a 24-year-old daughter who was given Levaquin and her doctor told her not to run while taking it. Ah hah, now the warnings are for young people too.

All I can prove is that I took Levaquin twice and had tendon problems—I had my entire left foot rebuilt and spent 10 weeks in a wheelchair. But whether I can connect the two—that’s up to the attorneys. However, if I am deemed eligible and can join a class action, then I will.”

Botched Procedure: When Corrective Surgery Doesn’t Correct

April 5th, 2011. By LucyC

What would you do if you couldn’t fully close your eyes? Personally, I can’t imagine how awful that would be. And what if this condition was a result of surgery—surgery that was meant to correct an existing problem? 

These days, the news is full of ‘bad plastic surgery’ stories, complete with some pretty horrifying images. In the case of New Jersey resident, Marilyn Leisz, the outcome is particularly tragic, and resulted in her suing her plastic surgeon for medical malpractice. 

The back story is that six years ago Leisz had a condition known as ptosis which weakens the eyelids, eventually causing them to droop. Having tried for years to correct the condition, she eventually decided to go the cosmetic surgery route and in 2000 had her first eyelift. All went well. In 2005 she had a second eyelift. But shortly after this surgery Leisz began to grow concerned because she noticed the development of small bumps along the creases of her eyelids. She became concerned about her vision. 

So Leisz consulted with a new plastic surgeon (Dr. Paul Parker), who recommended trying a scar removal product before embarking on more surgery. She tried the product and it didn’t work. Then, in consultation with her new surgeon, she underwent a procedure called blepharoplasty in which the excess tissue and fat is removed from around the eye. That’s when things started to go horribly wrong. 

According to a story on MSNBC.com, Leisz said was led to believe the procedure was minor and that there shouldn’t be any problems. If anything—it should give her a more youthful appearance. 

We all know where this is going. Following the surgery, Leisz found she couldn’t close her eyes completely. This resulted in her eyes burning, and her tear ducts not functioning as they were supposed to. Her surgeon allegedly told her this was part of the healing process. But when that healing process turned out to be never-ending, she sought the opinion of another plastic surgeon. He must have confirmed her worst fears—telling her she should never have undergone the blepharoplasty which this doctor testified to in court. Reportedly, Leisz has undergone a total of 30 surgeries, which have enabled her to partially close her eyes. 

She did sue the surgeon who performed the blepharoplasty, and was recently awarded $115,000. In fact they found that the surgeon had deviated from the accepted standard of care in this instance. 

While she said she is glad she had her day in court, the fact is Leisz’s ordeal is far from over. She has to use a special gel and vaporizer to keep her eyes moist, and she has to sleep with a mask at night to prevent her from scratching her corneas. 

Leisz told TODAY’s Ann Curry “To take a shower, I have to put gel into my eyes so the water and the soap doesn’t get into my eyes. Then by the time the shower is done, the gel’s washed out.” Worse, she lives with the fear of infection, glaucoma, corneal ulcers and blindness which could result from her medication.

In the MSNBC story, Leisz said her life has been thrown into shambles. “I feel like my whole life has been stolen from me,” she told NBC News. “Your eyesight affects everything that you do.”

Green Team Wins One: Potty Planter Gets Legal “Green” Light

April 5th, 2011. By LucyC

Potty Planter Not Appreciated. City officials in Oak Ridge, TN have been told they went too far recently, in citing resident William Terry’s potty planter as rubbish.

Rubbish! said Judge Robert A. McNees III. His wisdom on the matter is that the city’s understanding of rubbish “is so broad it could apply to most containers and thus over-broad for the purpose of including Mr. Terry’s commode.”

Mr. Terry’s commode is strategically placed on his front lawn (see video) to make the most of the sun as it is home to a ‘variety of flowers’. (Terry admits to not know what kind of flowers, but hey—the devil’s in the details, after all.)

The city had claimed that the toilet shouldn’t occupy Terry’s front lawn as it qualified as rubbish and therefore Terry was in violation of local property maintenance codes. The crapper is crap—and should be dealt with appropriately—i.e., thrown out. Most likely in that scenario the potty would have made the landfill. In fact, Terry told the News Sentinel prior to the ruling, “I say it’s art, I say it’s a flowerpot, I say it’s a way to kind of be green and keep stuff out of the landfill.

Had it gone to the landfill, there’s every possibility it could have become home to wildflowers and then been photographed by some keen-eyed hobbyist and the photo gone viral and ultimately ended up on your computer as a screen saver. 

Then again, maybe not. 

In any event, feeling emboldened by having won his case, Terry is harboring plans to expand. “I might get two toilets and put them beside what you could call my driveway.” Just so long as no one hangs toilet paper next to them he should be okay. After all—that might require a permit—and insurance.

Krispy Kreme Heist High. I say this guy was in it for the Krispy Kremes! A 20-year old was recently arrested in Ocala, FL, for allegedly making off with a truck load of the famous doughnuts. (Oh—what I would give to have to eat my way through a truck load of Kripsy Kremes…)

Randall Travis Roberts reportedly made off with 338 boxes of the wonderful, sugary, iced, chocolatey, mapley, jammy balls of bliss, only to end up in a minor traffic accident. He was probably thinking about the doughnuts and not the red light…completely understandable—it’s very hard to concentrate in that type of situation. Really. I know.

In any event, the police were called to the scene and Roberts admitted to stealing the truck from outside a Wal-Mart, according to the Star-Banner. So he was charged with grand theft auto—and possession of 10 grams of marijuana. Oh, I forgot that bit. Seems he had some pot in his possesion, which is known to increase one’s appetite for doughnuts. 

In his own defense, Roberts reportedly told the police that he hijacked the truck because he was tired of walking (?) and because “he needed somewhere to sleep.” Don’t ask. 

But in all this he wasn’t charged with eating any of the doughnuts. What a waste! Of the doughnuts, I mean.

Simmons Firm Lawyers Give Millions to Mesothelioma Research

April 5th, 2011. By BrendaC

Lawyers Giving Back looks at a side of lawyers you don’t hear too much about—the side that gives back…pays it forward..and shares the love. We’ve found quite a number of attorneys who log non-billable hours helping others—simply because they believe it’s the right thing to do. Their stories are inspiring, and hey, who knew lawyers were so…good? If you’ve got a story to share about an attorney who’s doing the right thing, let us know—we’d love to let others know, too. Today, we’re talking with Illinois attorney Mike Angelides of Simmons, Browder, Gianaris, Angelides & Barnerd…

Attorney Mike Angelides: “Our lawyers see how this affects families…that is what has led to a culture…of giving back to this community.”

Holding the plaque The Simmons Law Firm received from the Mesothelioma Foundation are, from left to right: Gregg Kirkland, COO; John Simmons, Chairman & CEO; Michael Angelides, Managing Partner

The Simmons firm in Illinois is well-known for litigating on behalf of people whose lives have been affected by exposure to asbestos. The firm, you might say, has also been very willing to put its money where its mouth is, and over the last several years has pledged some $20 million to mesothelioma and cancer research. 

“I think all of us here would be very happy if we never had to see one of these cases again,” says the firm’s managing partner Mike Angelides. “I wish I never had to see a family go through the heartache and agony of having to deal with this disease. It would be great to find a cure and put this disease to rest.” 

Compared to other types of cancer, mesothelioma affects relatively few people and as a result attracts fewer research dollars. 

“It is an ‘orphan cancer’,” says Angelides. “Although it affects about 2,500 Americans every year, it only receives about 1/10 of one percent of all cancer research funding. We really see it as our moral obligation to help this community, because quite frankly, if we don’t help them, no one will,” says Angelides.  

Although it can be decades before the signs and symptoms of mesothelioma appear, even the slightest exposure to asbestos can lead to mesothelioma or another asbestos-related cancer. Those affected are usually people who have been exposed to asbestos at their place of work at some point during their lives. They can be pipefitters, or construction workers or factory workers—any worker whose job entailed working with either asbestos itself, or components or parts which contained the deadly asbestos fibers. 

There are few treatments and no cure for asbestos mesothelioma. The lungs fill with cancerous tumors and mesothelioma patients literally suffocate to death. 

“This is such a terribly aggressive cancer, fast moving, always terminal, very painful,” says Angelides whose firm has battled dozens of companies over the last 11 years to challenge their careless exposure of workers to asbestos fibers. 

“Our lawyers see how this affects families and what people suffer and what they go through. That is what has led to a culture at the Simmons firm of giving back to this community,” he adds. 

The Simmons firm recently donated $250,000 to the Mesothelioma Applied Research Foundation, a non-profit foundation that funds research and provides education and support for patients and their families. The Simmons firm is the Foundation’s largest aggregate donor and has given the Foundation a total of $2 million over the last decade. 

Through its own charitable organization, the Simmons Mesothelioma Research Organization, the firm has pledged or given millions of dollars worth of grants to US universities that do mesothelioma research including the University of Chicago, Columbia University in New York and the University of California at San Francisco. 

And in Springfield, Illinois, the firm donated $11 million to build the Simmons Cancer Institute currently operating at the Southern Illinois University to address and serve the needs of people with all types of cancer. 

The money comes in part from community-based fund raising efforts, but most it comes from the verdicts and settlements the Simmons firm has obtained over the last decade. 

The tradition of giving back comes from the firm’s founder. 

“This is the philosophy that our founder and current chairman, John Simmons, has had ever since he started the firm and he has really impressed upon us the importance of contributing and giving back to this community,” says Angelides, “and it has really been an honor for us to have been successful enough to do that.” 

Mike Angelides is a partner in the firm of Simmons, Browder, Gianaris, Angelides & Barnerd (known as the Simmons firm). The firm has recovered approximately $3 billion on behalf of hundreds of families affected by mesothelioma and other asbestos-related cancers. Mike Angelides is a frequent speaker at asbestos-related legal conferences.