Grand Junction Personal Injury Lawyer

Former justice O'Connor urges changes in judicial elections

Kyle Bachus — Tue, 24 Jun 2008 19:25:28 GMT

When Justice Sandra Day O'Connor spoke to CU law students this April, she praised Colorado for being one of the few states in the country that has done away with electing state court judges, choosing instead to have them appointed by judicial nominating committees. Justice O'Conner's belief that popular election of judges leads to a politicization of the judicial process, leading to less independent and impartial decision-making. With special interest groups donating large sums to campaigns and voters generally unaware of judge's professional abilities, it is little wonder that the United States is one of only a handful of places that utilizes a political ticket for choosing worthy judges.

Justice O'Connor's concerns are pointedly illustrated by the recent campaign for a Supreme Court in my home state of Wisconsin. In a campaign that cost $5 million, "a small-town trial judge with thin credentials ran a television advertisement falsely suggesting that the only black justice on the state Supreme Court had helped free a black rapist." The idea that this process lends itself to healthy judiciary by making judges accountable to public opinion, is foolish because 1) the public control over the process is illusory: most voters aren't making informed decisions, but instead relying on misleading or outright false advertisements like the above, designed and paid for by special interest groups and 2) insulating judges from often capricious public opinion allows them to maintain a distance and independence crucial to well-functioning judiciary.

The co-opting of the very worst aspects of our partisan political process has lead to predictable results. The University of Chicago "found that elected judges wrote more opinions, while appointed judges wrote opinions of higher quality."

If we as Americans decide that we will prize quantity over quality, as it appears we do, we will get the judiciary we deserve, and our society will be the worse for it.

Thomas Connell

Summer Intern 2008

JD Candidate, 2010

University of Colorado

Originally posted at InjuryBoard by Kyle Bachus

The Heparin Debacle Part Three - The FDA Falls Flat

Linda Snyder — Wed, 30 Apr 2008 06:00:00 GMT

"Protecting and Promoting Your Health." That's the tag line posted on the U.S. Food and Drug Administration web site. Protecting and promoting your health, doesn't seem to have the same meaning to the FDA as it does to the U.S. consumer.

Putting it very simplistically, the FDA is charged with ensuring that the food and drugs we consume are safe before they are made available to the public. Recent news has shown that many of the drugs that the FDA has approved have not only not failed to "protect and promote our health," but in fact have deadly consequences.

Consider these facts:

• FDA approved drugs, Oxycodone, Fentanyl and Clozapine, are on the list of top 10 deadliest drugs and are responsible for over 12,000 deaths from 1998 to 2005.
• The American College of Cardiology has recommended that the popular FDA approved drugs, Vytorin and Zetia should only be used after all other cholesterol lowering drugs fail.
• A recently published article in the Journal American Medical Association (JAMA) claims the drug maker Merck drafted many of the research studies for their best selling FDA approved drug Vioxx, then had prestigious doctors put their names on the reports prior to publication.

According to a report from the Government Accountability Office, the FDA would need to spend at least an additional $56 million next year in order to fully inspect foreign plants. The FDA would need at least $15 million a year to inspect Chinese drug plants every two years to comply with US standards.

At its present pace, it would take the FDA nearly 27 years to inspect every foreign manufacturer that exports medical devices to the US. It would take 13 years to inspect every foreign drug plant and 1,900 years to inspect every foreign food plant.

Although the Bush administration acknowledges the problem, President Bush's budget does not provide the FDA with the funds to hire additional inspectors. There are proposals in motion to increase the FDA's budget and to shift some of the financial burden onto the domestic and foreign manufacturers to pay fees for inspections.

I don't know about you, but now when I go to my medicine cabinet and take out that bottle of FDA approved prescription medication that I assumed was safe, because the FDA's motto is "Protecting and Promoting Your Health", I get a funny feeling in the pit of my stomach that no medication can fix.

Up Next: The Heparin Debacle Part Four - Is Baxter International Getting Away with Murder?

Originally posted at InjuryBoard by Linda Snyder

Mirror Tossed Out Window Causes Serious Injury

Linda Snyder — Tue, 25 Mar 2008 21:32:47 GMT

At first glance this seems to be a story of a college prank gone bad. But what if the injuries were more serious? Who's paying for the victim's medical bills? Is he employed and will this accident cause him to miss work?

There have been a lot of jokes circulating about the intelligence of 19-year old Rolf William Johnson. What was he thinking? Obviously, he wasn't. Typical of so many college students (drunk or sober), they have no concept of the consequences of a seemly innocent action. Now, we could argue that this is a freak accident; this is the one-time, foolish action of an immature young man who didn't mean to hurt anyone. Unfortunately, sometimes those are the exact circumstances that can lead to serious injury or even death.

Aside from the criminal charges, what some people might not understand is that Johnson could be held civilly accountable for the medical costs and lost wages that were the result of his reckless and negligent behavior.

And, what about the university? Should they be held accountable? Are the living conditions unsafe, especially if there has been a history of objects being tossed out of windows? Is this a premises liability case? Unfortunately, sometimes it takes someone getting injured or killed and a lawsuit for Corporate America (and in this case, the university, which whether they want to admit it or not, is a big business) to take note and make a change.

I'd say this is definitely the start of seven years bad luck for Rolf William Johnson.

Originally posted at InjuryBoard by Linda Snyder

A Friend in Need of a Kidney Transplant

Linda Snyder — Mon, 25 Feb 2008 18:59:52 GMT

Imagine the hope and excitement of graduating from high school and looking forward to the next chapter of your life as you head for college to pursue career of your dreams.

Imagine the devastation as you learn you have a serious condition that will put those dreams on hold and in fact threatens your very life.

This is Kelsey Crider's story. A bright, articulate young woman, Kelsey Crider's future looked promising as she was headed for Ft. Lewis College in Durango, Colorado. Two weeks after graduation, Kelsey had some routine blood work and initial tests came back indicating she was anemic and her hematocrit was low. Retesting revealed that Kelsey had Medullary Cystic Kidney Disease, a hereditary disorder in which cysts develop deep with both kidneys. The kidney gradually loses its ability to function. At this point, Kelsey's kidneys were only functioning at 12%. She was suffering from kidney failure and needed a kidney transplant.

Fortunately, Kelsey's father was a match and the transplant went beautifully. Unfortunately, even after a heroic measures and a lengthy hospital stay, Kelsey's body rejected her new kidney. She is now on dialysis 3 days a week at four hours each session. Throughout her ordeal Kelsey has persevered with a smile on her face and positive attitude.

Her dream of attending college to become a photographer has been put on hold as Kelsey focuses on recovering from her surgeries and massive doses of anti-rejection medication. Her doctor has advised that her body needs to rest and heal before they attempt another surgery. In the meantime, we want to find her another donor.

Whether you consider becoming a living kidney donor or can pass this story on to your contacts, let's do what we can help this family and give this young lady a chance to reach her dreams.

To learn more, please contact Steve Crider at rockymtngatr@yahoo.com or call 303.530.2929.

Originally posted at InjuryBoard by Linda Snyder

Drunk Driver Ends up on Airport Runway in Grand Junction

Staff Writer — Wed, 30 Jan 2008 11:16:25 GMT

Around 3 in the morning on Monday, a car crashed into a fence at the Grand Junction Regional Airport and ended up driving on the runway before it ultimately got stuck in electrical equipment.

The driver, Jamie L. Bowden, was arrested on suspicion of drunk driving along with other counts. Luckily, no planes were taking off or landing in the vicinity when the accident occurred.

According to Mothers Against Drunk Driving, there were 177 Drunk Driving fatalities in Colorado in 2006 and more than 500,000 Americans are injured annually in drunk-driving accidents.

For more information on this subject, please refer to the section on drunk driving accidents.

Originally posted at InjuryBoard by Staff Writer

Special Amenities in hospitals, if you can afford it

Staff Writer — Tue, 18 Dec 2007 14:21:11 GMT

Imagine being a patient in a hospital, and actually enjoying the experience with a personal chef and a larger room. Such exclusive amenties are being offered more and more every day at hospitals nationwide.

Three such hospitals in Colorado offer incredible amenities for those who are willing to pay the price.

The Rose Center for Preventive Medicine in Denver, The University of Colorado Hospital in Aurora and Sky Ridge Medical Center in Lone Tree all offer perks for patients who pay.

This type of customer service focuses on the idea of being patient-centered with little to no wait times and physicals customized for individual needs and desires. The cost of a full physical? $3,450, no insurance accepted.

This expensive and self-pay approach is the start of a new national trend which is occuring at the same time that affordable health care is in a crisis for middle- and lower-class Americans.

At the University of Colorado Hospital, same day results on tests such as heart scans and stress tests are deilvered personally by the physician, by the mere cost of $2,500. For $1,000 extra for someone who needs inpatient care, the University Hospital will provide catered meals, a personal nurse and a bed on the exclusive 12th floor, surrounded by beautiful mountain views.

Sky Ridge Medical Center provides patients with an Amenity Suite including flowers and a private chef for the extra cost of $250 a day.

Both University Hospital and Rose Medical Center have yet to disclose the amount of money these specialiazed programs bring into their hospitals.

A health economist at Princeton University, Uwe Reinhardt, explained "It's more about consumer satisfaction. You pay extra and you get pampered."

For more information on this subject, please refer to the section on Medical Malpractice and Negligent Care.

Originally posted at InjuryBoard by Staff Writer

Fentanyl Tablets Warning From FDA, Cephalon Oncology

Courtney Mills — Thu, 13 Sep 2007 13:28:27 GMT

The FDA has issued on its MedWatch page an announcement about the publication of two "Dear Healthcare Professional" letters from Cephalon Oncology about potential dangers of their fentanyl buccal tablets.

Fentora is manufactured by Cephalon oncology and is indicated in the treatment of breakthrough cancer pains. Fentanyl tablets are not appropriate for patients suffering from post-operative pains, but rather are designated only for those individuals who have exhausted all other forms of opiate therapy and are thus considered 'opioid-tolerant.'

Misapplication of Fentora and general inappropriate prescribing of fentanyl buccal tablets have been associated with severe respiratory depression and death in patients, therefore proper patient selection is paramount to reduce the risk of any catastrophic injury.

If you are taking Fentora tablets, please consult with your physician if you feel that you have been overprescribed, as you may run the risk of an overdose on this potent synthetic opioid.

For more information on this subject matter, please refer to the section on Drugs, Medical Devices and Implants.

Originally posted at InjuryBoard by Courtney Mills

FDA Recalls Contaminated Sandwiches

Courtney Mills — Mon, 13 Aug 2007 09:14:38 GMT

The U. S. Food and Drug Administration has issued a recall on approximately 7,500 individually wrapped sandwiches because of potential Listeria monocytogenes contamination. Listeria is a microorganism and can cause serious infection in young children, the elderly, and immunocompromised individuals.

These sandwiches were manufactured by IFS, Inc., of South Elgin, Illinois, and are distributed throughout the central United States in vending machines. These prepackaged sandwiches are sold under the names Buffalo Chicken Sandwich #3707, Cuban Sandwich #3795, and Asiago Italian #3770. No illnesses have been reported to date.

If you have any of these sandwich products from IFS you should discard them immediately. The sandwiches were sold in machines in Illinois, Wisconsin, Minnesota, Indiana, Ohio, and Missouri.

For more information on this subject matter, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Courtney Mills

Zelnorm Back on the Market

Jenny Albano — Fri, 27 Jul 2007 13:01:48 GMT

The drug Zelnorm, manufactured by Novatis, was taken of the market in March because of a high risk of heart attacks, stroke, and chest pain. But now the FDA is allowing the irritable bowel syndrome drug to become available again, but only for a restricted access program. Zelnorm will remain off the market for the general public.

The program is for women in the US under 55 years of age who suffer from IBS with constipation or chronic idiopathic constipation, and for whom no other treatment has provided satisfactory relief, or patients who had satisfactory improvement of their symptoms with prior Zelnorm treatment.

The drug is back on the market because of complaints from doctors and patients of the Zelnorm's "marketing suspension". But now there are special requirements that have to be met to become a part of the drug's program. Users cannot have any known or pre-existing heart problems and must be in dire need of the drug.

The drug was removed because a review showed that Zelnorm users had a higher incidence of cardiovascular problems than did participants taking the placebo. Novartis claims that there is not causal relationship between Zelnorm and heart attack.

For more information on this subject, please refer to our section on Drugs, Medical Devices, and Implants.

Originally posted at InjuryBoard by Jenny Albano

Public Citizen Alerts Public of Class Action Against Paxil on You Tube

Jenny Albano — Wed, 18 Jul 2007 19:26:05 GMT

Public Citizen, a consumer advocacy group, decided advertise a class action suit a little differently. The group of lawyers used You Tube, a popular video website, to announce a $48 million class action settlement for people who had purchased Paxil for their kids.

There are two videos up on the website. The first video that shows a teenager wandering around looking confused, and then a news announcement about the class action for people who purchased the drug for their children. The video then directs consumers to a website that tells them how to make a claim. The second video is a 7 second video called the Paxil Chipmunk, where there chipmunk looks frightened and then the screen says, "If you took Paxil, you could get $100 or more."

"As long as you're honest about something, why not also be funny," said attorney Brian Wolfman of Public Citizen.

Attorney Dwight Davis, who represented GlaxoSmithKline, said he didn't have a problem with the video as long as it did not imply that his clients had done anything wrong.

"This is a free country and they're certainly free to do something like this," Davis said. But, he added, "if they're suggesting that this child [in the video] is wandering around in a fog because they used Paxil, then we may very well have something to say about that, because that's misleading."

Glaxo did not admit to any wrongdoing, but they ended up agreeing on a settlement to avoid years of litigation.

For more information on this subject, please refer to our section on Drugs, Medical Devices, and Implants.

Originally posted at InjuryBoard by Jenny Albano