Massachusetts Injury Lawyer Blog

Toyota faced another round of bad news this week with the announcement today of a probe by the National Highway Traffic Safety Administration (NHTSA) into braking problems in the popular Prius hybrid model. NHTSA has received at least 124 complaints about momentary braking problems in the defective vehicles. As least four car crashes have been reported. The problems are apparently associated with speed bumps, potholes, and icy roads--three things Massachusetts drivers see plenty of. The investigation concerns the 2010 Prius model year.

The Prius investigation is the third in a string of product defect recalls which are tarnishing Toyota's reputation for safety and reliability. On top of that, it seems that Toyota has been less than forthright about the problems in its cars. According to CNN (February 4, 1010), "Toyota has known about brake problems in its popular Prius cars for some time, going so far as to fix it in new production vehicles, but has kept Prius drivers in the dark about the problem until the Japanese government called for an investigation."  And the sticking gas pedal was first blamed on floor mats, and then later extended to the mechanics of the pedal itself. The Federal government has now demanded that Toyota demonstrate that the problem isn't more serious, and that it does not include other parts of the throttle control systems. Defects relating to the gas pedals have been linked to several wrongful deaths.

U.S. Transportation Secretary Roy LaHood set off a brief panic on February 3rd when he said owners of the defective Toyotas should "stop driving them."  He later clarified his statement, saying instead that owners should have them repaired as quickly as possible.

NHTSA itself has been criticized for its slow response to consumer complaints about Toyota acceleration problems, some of which date back to 2003. According to Joan Claybrook, a former head of NHTSA, several investigations were opened, then closed based upon information provided by Toyota. According to NPR, she said, "I think as a result, some people have been killed and injured that wouldn't have otherwise." (NPR, Feb 4, 2010.) 

Consumer Alert

This week Toyota finally began shipping replacement parts to dealers for the gas pedal recall. Checks with some dealers in Massachusetts revealed that free rental vehicles are available. If the dealer does not have the part, it should still provide you with a free car should you choose to leave it at the dealer for repair. Many Massachusetts consumers are rightfully fearful that their car could be involved in a motor vehicle accident.

The same courtesy should apply to the defective Prius models, and consumers should feel free to demand that the dealer provide them with a safe, alternative vehicle until their cars are fixed.

Affected Vehicles 

Models affected by the recall include:

• 2009-2010 RAV4


• 2009-2010 Corolla


• 2007-2010 Camry


• 2009-2010 Matrix


• 2005-2010 Avalon


• 2010 Highlander


• 2007-2010 Tundra


• 2008-2010 Sequoia

Please see our earlier blog on Toyota recalls for additional safety information.

More Information

Much additional information on the Toyota recall is available from the NHTSA website, www.nhtsa.gov.

Answers to Questions About Toyota Repair Plans, NY Times, Feb 1, 2010

US Launches Probe of Prius Brakes, Reuters, Feb 4, 2010

Continue reading "Toyota's Headaches Continue--Massachusetts Prius Owners Should Be Aware of Defective Brakes" »

The U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) has announced that Daniele International, with operations in Rhode Island, has recalled 1,240,000 lbs of ready-to-eat Italian sausage products currently in commerce due to risk of salmonella contamination. The recalled products include salami coated with black pepper.

The recall is the result of a multi-agency investigation into a salmonella breakout in several states. While searching for the defective food agent causing the outbreak, FSIS discovered a strain of salmonella in a Daniele International sample product.  The tested product is similar to what people reported eating prior to becoming ill, but a direct link has not been established. 

The strain of salmonella found in the tested product does not match the strain being investigated.   In addition to recalling the ready-to-eat products, Daniele International presented information to FSIS and voluntarily recalled all products in commerce associated with black pepper, which the company believes is a possible source of contamination. 

Eating products contaminated with salmonella can cause salmonellosis, one of the most common bacterial foodborne illnesses.  The symptoms of salmonellosis include diarrhea, abdominable cramps, and fever within 8 to 72 hours of comsumption.  Additional symptoms may be chills, headache, nausea, and vomiting for up to a week.  Salmonella infections can be life-threatening to those with weak immune systems, such as infants, the elderly, and persons with HIV infection or undergoing chemotherapy.

The specific products recalled all carry a USDA mark of inspection bearing establishment numbers "EST. 9992" or "EST. 54.".  The following products can be returned to the retailer for a full refund:

10-ounce packages of "DANIELE NATURALE SALAME COATED WITH COARSE BLACK PEPPER."

Catch weight packages of "DANIELE PEPPER SALAME."

9-ounce packages of "BLACK BEAR OF THE BLACK FOREST BABY GENOA PEPPER SALAME."

20-ounce packages of "DANIELE DELI SELECTION, GENOA SALAME, SMOKED SALAME, PEPPERED SALAME, RUSTIC SALAME."

340- and 454-gram packages of "DANIELE SURTIDO FINO ITALIANO, SALAMI GENOA CON PIMIENTA, LOMO CAPOCOLLO, SALAMI CALABRESE."

16-ounce packages of "DANIELE ITALIAN BRAND GOURMET PACK, HOT CALABRESE, PEPPER SALAME, HOT CAPOCOLLO."

8-ounce packages of "DIETZ & WATSON ARTISAN COLLECTION PARTY PLATTER PACK, HOT CALABRESE, PEPPER SALAME, HOT CAPOCOLLO."

8-ounce packages of "DANIELE ITALIAN BRAND GOURMET PACK, HOT CALABRESE, PEPPER SALAME, HOT CAPOCOLLO."

16-ounce packages of "DANIELE GOURMET COMBO PACK, PEPPER SALAME, CAPOCOLLO, CALABRESE."

500-gram packages of "DANIELE ITALIAN BRAND GOURMET PACK EMBALLAGE ASSORTI GOURMET ITALIEN, HOT CALABRESE, PEPPER SALAME, CALABRESE PIQUANT, SALAMI AU POIVRE, HOT CAPOCOLLO, CAPOCOLLO PIQUANT."

8-ounce packages of "BOAR'S HEAD BRAND ALL NATURAL SALAME COATED WITH COARSE BLACK PEPPER."

Catch weight packages of "DIETZ & WATSON ARTISAN COLLECTION, BABY GENOA PEPPER SALAME, MADE WITH 100% PORK COATED WITH BLACK PEPPER AND PORK FAT."

20-ounce variety packages of "DANIELE DELI SELECTION, GENOA SALAME, SWEET SOPRESSATA, PEPPERED GENOA, MILANO SALAME."

21-ounce variety packages of "DANIELE GOURMET ITALIAN DELI SELECTION, SWEET SOPRESSATA SALAMI, PEPPERED GENOA SALAMI, HOT SOPRESSATA SALAMI, MILANO SALAMI, SALAMI SOPRESSATA DOUX, SALAMI GENOA POIVRÉ, SALAMI SOPRESSATA PIQUANT, SALAMI MILANO."

7-ounce packages of "DANIELE SALAME BITES PEPPER SALAME."

14-ounce packages of "DANIELE GOURMET ITALIAN DELI SELECTION ASSORTMENT DE FINES CHARCUTERIE ITALIENNE, SWEET SOPRESSATA SALAMI, MILANO SALAMI, SALAMI SOPRESSATA DOUX, SALAMI MILANO."

Catch weight packages of "DANIELE NATURALE SALAME COATED WITH COARSE BLACK PEPPER."

32-ounce variety packages of "DANIELE DELI SELECTION, GENOA SALAME, SWEET SOPRESSATA, PEPPERED GENOA, MILANO SALAME."

 

For more information on the on-going investigation into the multi-state salmonella investigation, see the Center for Disease Control's website.  For a list of retailers that sold recalled products, see the FSIS recall website.  Consumers with questions about food safety can ask a virtual FSIS representative on the Ask Karen website.  Live chat services are available Monday through Friday, 10:00 a.m. - 4:00 p.m. Eastern Time (except Federal Holidays).

Continue reading "Massachusetts Consumers: Take Care in the Deli Department--Rhode Island Company Recalls Salami Products Due to Salmonella Risk" »

Toyota has issued another recall affecting millions of its popular vehicles due to acceleration problems caused by sticking gas pedals which are known to have caused serious personal injury and several deaths. In addition, Toyota has halted sales and will halt production of several product lines until it designs a fix for the product defect. This recall seriously affects Toyota's reputation for safety and reliability. It also affects tens of thousands of Massachusetts drivers who own the defective Toyotas. It also affects others on the highway who may be struck by a runaway vehicle.

Toyota announced the voluntary recall last Thursday, which includes about 2.3 million vehicles, "to correct sticking accelerator pedals on specific Toyota Division models."  The sticking pedals may fail to return, or return slowly, to the idle position, causing the cars to accelerate or maintain a high speed unexpectedly.

The recall comes after a recall on floor mats in September 2009 affecting 3.8 million vehicles. That recall was found to be insufficient to solve the accelerator problems. Investigators realized the product defect included more than just the floor mats after a family of four suffered wrongful deaths when their Avalon crashed into a lake. The floor mats were discovered in the trunk of that car.

In November 2009, the National Highway Traffic Safety Administration (NHTSA) called the removal of the offending floor mats an interim measure only, and said, "This remedy does not correct the underlying defect in the vehicles involving the potential for entrapment of the accelerator by floor mats, which is related to accelerator and floor pan design."

Unfortunately, Toyota has not yet proposed a plan to fix its millions of defective vehicles.

Massachusetts consumers who experience gas pedal problems are advised to apply firm pressure to the brake, and to pull off the road as soon as that can be done safely. The car should not be driven. In an emergency, the car can be put into neutral or the key turned to off. Push-button start controls can be turned off if the button is depressed for several seconds.

Models affected by the recall include:

• 2009-2010 RAV4


• 2009-2010 Corolla


• 2007-2010 Camry


• 2009-2010 Matrix


• 2005-2010 Avalon


• 2010 Highlander


• 2007-2010 Tundra


• 2008-2010 Sequoia.

Toyota customers affected by this recall should call the Toyota "Customer Experience Center" at 1-800-331-4331 with questions or concerns.

 

Continue reading "Huge Toyota Recall Affects Thousands of Massachusetts Drivers--Defective Gas Pedals May Cause Runaway Acceleration" »

A commonly prescribed class of antibiotics have been issued the strongest available warning by the Food and Drug Administration (FDA) due to the risk of potentially debilitating personal injury. Levaquin (levofloxicin) and Cipro (ciprofloxacin) are in the class of antibiotics, called fluoroquinolones, and are used to treat illnesses like sinus infections, urinary tract infections, pneumonia, kidney infections and several types of skin infections. People using Levaquin and other fluoroquinolones are at increased risk for tendonitis and tendon ruptures, especially those over 50 years of age, those taking steroids, or people that have had a lung, kidney or heart transplant.  Tendonitis and tendon ruptures have also been reported in people without elevated risk factors, and can even occur months after discontinuing the drug.

The most commonly reported tendon injuries have occured in the Achilles tendon, but ruptures have also occurred in the rotator cuff, hand, and tendons in other parts of the body. Tendon injuries can be extremely painful, are potentially debilitating, and may require surgery to correct. People using fluoroquinolones should seek medical attention if they have bruising in the tendon area after a possible injury, hear or feel a pop or snap, are unable to put weight on an injured area, or have other reason to believe that a tendon is not functioning properly. 

Flouroquinolones have also been linked to other serious side effects and personal injuries, such as renal failure, and users have reported side effects that feel like fibromyalgia and chronic fatigue syndrome.  Some people experience an alleviation of side effects shortly after stopping use of the antibiotic.  Others experience long-term or even permanent side effects.  While sometimes the use of fluoroquinolones cannot be avoided, patients should inquire into alternative medications. 

To report an adverse effect resulting from the use of Levaquin or another fluoroquinolone antibiotic, call the FDA MedWatch program at 1-800-FDA-1088 or visit the MedWatch website.

Continue reading "Massachusetts Consumers Should Take Care If Using Certain Antibiotics--FDA Warns of Tendon Trouble" »

Graco Children's Products of Atlanta, Georgia, has recalled approximately 1.5 million baby strollers which may cause finger amputations in small children. The company is offering a free repair kit to eliminate the hazard caused by the defective product.

The defective strollers were sold throughout Massachusetts at stores such as Burlington Coat Factory, Babies "R" Us, Toys "R" Us, K-Mart, Sears, Target, Wal-mart. The defective products affected include the following stroller lines: Graco's Passage, Alano and Spree Strollers and Travel Systems.

The defective strollers are known to have caused at least five fingertip amputations and other personal injuries in children who got their fingers caught in the stroller's canopy hinge mechanisms.

For more information relating to this product liability issue, please see the Consumer Product Safety Commission's official recall notice.

 

Continue reading "Baby Stroller Recall Affects Massachusetts Consumers" »

In late November, the US Consumer Product Safety Commission (CPSC) announced that Stork Craft Manufacturing was voluntarily recalling approximately 1.2 million cribs distributed in the United States and 968,000 distributed in Canada.  This recall comes in the wake of reports of several infant wrongful deaths.  Due to flaws in the cribs' drop-side plastic hardware, the drop-side can detach creating a space between the crib mattress and the drop-side.  As a result of this product defect, infants can become trapped in the space and suffocate. Where the drop-side detaches completely, infants run the risk of falling.

CPSC, Stork Craft, and Health Canada are aware of 110 incidents of drop-side detachment; 67 incidents occurred in the United States and 43 in Canada. The incidents include 15 entrapments, with four entrapments resulting in suffocation.  Included in these incidents are 20 falls from cribs with personal injuries ranging from concussion to bumps and bruises. 

This recall involves Stork Craft drop-side cribs distributed and manufactured between 1993 and 2009, and Stork Craft drop-side cribs with the Fisher-Price logo sold after 1998.  The recall does not involve cribs without a drop-side or with a non-plastic drop-side.  Major Massachusetts retailers sold these recalled cribs in stores, including BJ's Wholesale Club, J.C. Penney, Kmart, Sears, and Wal-Mart stores, and online at Amazon.com, Babiesrus.com, Costco.com, Target.com, and Walmart.com.

Massachusetts consumers should immediately stop using the recalled cribs, and contact Stork Craft for a free repair kit that converts the drop-side to a fixed-side.  Consumers should not attempt to fix the cribs without the repair kit and should find alternative and safe sleeping arrangements for infants until the crib is repaired.  For additional information, contact Stork Craft toll-free at (877) 274-0277 anytime to order the free repair kit, or log on to www.storkcraft.com. 

CPSC also provides several tips for general crib safety  Parents should not use any crib with missing, broken, or loose parts.  Hardware should be tightened from time to time to keep the crib sturdy. When using a drop-side crib, parents should check to make sure the drop-side or any other moving part operates smoothly, and should always check all sides and corners of the crib for disengagement. Any disengagement can create a gap and entrap a child. In addition, do not try to repair any side of the crib, especially with tape, wire or rope.  Complete information is available at the CPSC website.

Continue reading "Defective Cribs Recalled Due to Risk of Infant Suffocation and Entrapment--Massachusetts Consumers Urged to Immediately Stop Using Affected Cribs " »

This week, the U.S. Product Safety Commission (CPSC) and the Window Covering Safety Council (WCSC) announced the recall of millions of Roman shades and roll-up blinds due to the risk of strangulation to young children from the defective products. Massachusetts consumers are urged to take immediate measures to eliminate the risks to young children.

Since 2006, the CPSC has received reports of 5 wrongful deaths and 16 near strangulations involving Roman shades and 3 wrongful deaths since 2001 in roll-up blinds. In the case of Roman shades, children may place their necks between the exposed cord and the fabric on the back of the shade, or they may pull the cord out and wrap it around the neck. With the roll-up blinds, children may become entangled in the lifting loop on the side of the blind.

These defective products have been sold at a wide variety of retailers in Massachusetts, from Wal-Mart to Pottery Barn to ACE Hardware, to name but a few. If you have either type in your home, please contact the WCSC at its website or at (800) 506-4636 to receive a free repair kit.

The CPSC and the WCSC has also provided safety tips that apply to all window coverings, not just those involved in the recall. These include inspection of all shades and blinds in the home to make sure there are no loose or accessible cords (in fact, cordless window coverings are recommended where children live or visit), keeping cribs, beds, and furniture away from windows, and installing tension devices on looped chains or cords to keep them taut. Complete information is available at the CPSC website.

Continue reading "Strangulations Trigger Massive Recall of Blinds and Shades--Massachusetts Consumers Urged to Eliminate Hazards" »

The U.S. Consumer Product Safety Commission has announced a recall of over one million stroller manufactured by Maclaren. The concern: The defective product may cause personal injury to the child riding in the stroller. At least 15 serious injuries have been reported, and 12 of these have been fingertip amputations.

The recall affects all Maclaren strollers manufactured since 1999, including all single and double strollers. They popular baby strollers have been sold at Target, Babies "R" Us and other mass merchandisers.

Parents should immediately stop using the strollers and obtain a free repair kit from the manufacturer.

For additional information, contact Maclaren USA toll-free at (877) 688-2326 between 8 a.m. and 5 p.m. ET Monday through Friday or visit the firm's Web site at www.maclaren.us/recall.

There is additional information at the Consumer Product Safety Commission (CPSC) as well. Visit the government website.

David White, a product liability attorney at the Boston firm Breakstone, White & Gluck, PC, said, "Unfortunately, we are familiar with this type of product defect. Obviously a manufacturer of baby products must anticipate injuries that can come from pinch points from hinges and other moving parts. They must be extraordinarily careful to prevent injuries from their products."

As reported in Time Magazine: "This is a very serious hazard," says Scott Wilson, spokesperson for the CPSC. "We know child behavior, we know kids like to explore and sometimes put their fingers in places where they shouldn't be. But finger amputations that result from using a product that parents expect to be safe is unacceptable."

Continue reading "Maclaren Recalls One Million Strollers--Defective Product May Cause Amputation Injuries" »

A Brockton, Massachusetts meat packaging company has voluntarily recalled over a thousand pounds of ground beef patties and steaks due to possible contamination with E. coli O157:H7 bacteria, according to the U.S. Department of Agriculture. People exposed to the contaminated meat have suffered personal injuries.

Crocetti's Oakdale Packing Company, also known as South Shore Meats, was investigated by Massachusetts and Rhode Island health officials after approximately twenty students at a Plymouth camp became ill following a meal using ground meat traced to the company. The USDA has declared a class I recall, due to the potential for serious illness and death from the O157:H7 strain of E. coli.

This type of bacterial infection usually manifests as diarrhea, which is often bloody, and several days of abdominal cramping. More severe cases may progress to hemolytic-uremic syndrome (HUS), which causes breakdown of blood cells, kidney failure, and sometimes death. Children under five and the elderly are at the highest risk for the severe forms of illness.

Contaminated meats are the most common cause of E. coli O157:H7 infection, but the bacteria may come from other sources, as seen in the recall of prepackaged cookie dough this past June.

Click here for a list of contaminated products.

Safety Tips:  Proper preparation and storage of meat can help to prevent illness. Ground beef should be cooked to an internal temperature of 160 degrees. Newly purchased meat and poultry should be refrigerated promptly, as should leftover cooked meat. Proper washing of hands and utensils that touch raw meat is also important, in order to avoid contaminating other food or surfaces with bacteria.

Click here for more information from the USDA.

Continue reading "Beef Products Recalled Due to Possible E. coli Contamination--Brockton, Massachusetts Meat Packer Blamed " »

In what is being called the largest prescription drug criminal fraud case in U.S. history, Pfizer will pay $2.3 billion in civil and criminal penalties to compensate taxpayers, patients and doctors across the United States for illegal drug marketing.

A government investigation revealed that Pfizer promoted the sale of Bextra - an anti-inflammatory drug that Pfizer pulled from the market in 2005 - for uses and dosages that the FDA specifically declined to approve due to safety concerns. Despite the lack of approval, Pfizer literally wined and dined physicians around the country to promote the "off-label" uses of its drug. As a result, Pfizer will pay a criminal fine of $1.3 billion.

In addition, Pfizer agreed to a $1 billion civil settlement to resolve allegations under the civil False Claims Act that the company illegally promoted four drugs - Bextra; Geodon, an anti-psychotic drug; Zyvox, an antibiotic; and Lyrica, an anti-epileptic drug - and caused false claims to be submitted to government health care programs for uses that were not medically accepted indications.

Massachusetts will receive $14.7 million, which will go back into the state's Medicaid program.

The settlement comes just weeks before a controversial prescription drug-related murder case is scheduled to go to trial in Massachusetts. In 2007, Michael and Carolyn Riley of Hull, Massachusetts, were charged with first-degree murder in the death of their four-year-old daughter, whom allegedly died of a prescription drug overdose of Clonidine and other prescription drugs that were given to her by her parents. The Rileys have brought a medical malpractice claim against their daughter's Boston doctor, who prescribed Clonidine for a use which was not approved by the FDA. That case is pending.

The Pfizer settlement and the upcoming trial of Michael and Carolyn Riley are a reminder of the damage that prescription drugs can cause when they are prescribed for uses which have not been approved. About 1.3 million people are harmed as a result of a medication error every year in the United States.

For more information about medication errors, click here.

We are posting an urgent Action Alert  We Received from People Over Profits -- Please act today!

"You can help make a difference in the health care reform debate - and we need your help.  Now is the time to weigh in! Your rights are at stake.

"As Congress and the President prepare to make a significant overhaul of our health care system, there are those who believe that in order to achieve universal coverage, victims of medical negligence must surrender their legal rights and remedies.  In the hope of achieving "bi-partisanship," the Obama Administration has made several comments, indicating their willingness to enact medical malpractice reform in exchange for "bi-partisan" support of Obama's top domestic priority, health care reform.  In fact, this coming Monday, President Obama will deliver a speech to the American Medical Association ("AMA"), a group that supports as one of their top priorities limiting the legal rights of injured patients.

"Despite the rigid stance of many congressional Republicans, President Obama continues to "negotiate" in good faith, hoping that Republicans in Congress, the insurance industry, and the AMA will support his efforts.  The fact of the matter is that allowing the discussion on health care reform to focus on medical malpractice is a distraction from the real issue of quality care, preventable medical errors which are the 6^th leading cause of death in the United States, and the fraud, waste, and abuse of programs like Medicare.

"Please call the White House today, and express your view that under NO circumstance, does medical malpractice tort reform belong in a health care reform bill.  The tort system has always been a remedy that shines the light on past negligence, thereby reducing medical errors and improving patient safety.  We cannot allow special interest groups to put patient safety and protection at risk. We cannot compromise access to justice.

White House Comment Line: 202-456-1111
(Because the President's speech to the AMA is fast approaching, we are asking people to call in rather than email at this time.)

"We must not sit by and allow the opponents of health reform to mislead the American people.  We cannot allow the protections afforded to every American under the 7^th amendment to be sacrificed based on misperceptions propagated by those with a vested interest.  We need you, and your alliance of patient advocates to let the White House know that we will not allow special interest groups to hold hostage, the legal rights and remedies of medical malpractice victims.  During the 2008 presidential campaign, President Obama affirmed that access to healthcare was a right! The notion that one must relinquish a right embodied in the Bill of Rights in exchange for another right represents bad public policy.

"Thank you for your efforts on behalf of civil justice!"

 

 

On March 10, 2009, 1.6 million Maytag refrigerator units (also sold under other brand names) were voluntarily recalled due to several reported fire hazard incidents. Due to an electrical failure in the relay, the component that turns on the refrigerator's compressor, units can become overheated and pose a serious fire and injury hazard.

Before initiating the recall, Maytag had reports of 41 related relay malfunctions. Sixteen of those reports included information about property damage, ranging from smoke to serious kitchen fires. Though there have been no reports of personal injury or wrongful death, the serious repercussions of this defect place many Massachusetts consumers in harm's way.

The refrigerators in this recall were sold between January 2001 and January 2004; some were sold in Massachusetts. A number of refrigerator brands are included in this recall: Maytag, Jenn-Air, Amana, Admiral, Magic Chef, Performa by Maytag, and Crosley.

Continue reading "Defective Refrigerator Recall Affects Massachusetts Consumers; Threat of Fire and Serious Injury or Death" »

If you are traveling on an airplane, you can be comforted by the fact that the pilots and co-pilots run through pre-flight and pre-landing checklists designed to prevent accidents and injuries. So wouldn't you think the same techniques would be used in hospitals for critical surgical procedures? Well. . . not necessarily.

In an article published in the New England Journal of Medicine today, researchers demonstrated that the use of a simple checklist for surgical procedures cuts the rate of complication by 36%. The checklist reduced the rate of infection, wrong site surgery, the need for re-operation, post-operative complications, and death. The study demonstrated improvements in each of the eight countries involved in the study. If implemented properly, the number of injuries and wrongful deaths caused by medical malpractice would decline.

The authors report that roughly half of surgical complications are avoidable. The authors utilized a 19-step checklist to improve verification, to require surgical team members to introduce themselves and share patient concerns, to verify antibiotic coverage, and to document concerns regarding the post-operative recovery period.  The first part of the list is designed to reduce wrong patient, wrong operation, wrong site complications which are still remarkably common. Requiring the team members to introduce themselves to each other increased teamwork and also reduced mistakes.

With such obvious improvements so readily available, one would think that hospitals and doctors would be jumping quickly onto this bandwagon. Not necessarily. Why not? Would a little more paperwork and a little extra time cut into profits? When patients' lives, health and safety are at stake, one would hope that hospitals would instead rush to implement these guidelines immediately. Implementing checklists are clearly one way to reduce injuries, death, and medical malpractice claims.

What you can do: The 19-step checklist has been been published on-line by the World Health Organization. Print a copy for yourself, and if you are going to be having surgery, make sure your doctors use either your form, or are already using one just like it.

Continue reading "Massachusetts Patients Should Demand Surgical Safety Checklists" »

Thanks to an excellent series of articles in the Boston Globe, we now have some clear insight into what is driving the unconscionable increases in health insurance in Massachusetts: Secret agreements between the Partners HealthCare system and insurance companies. And while doctors and their insurance companies are quick to blame medical malpractice cases for exploding health care costs, the real increases can easily be blamed on the profit-driven expansion at Partners and increases in profits for insurance companies.

As the Globe has reported in a series of articles on the power and growth of Partners, the hospital corporation is now so large and powerful that it can freely bully insurance companies. The first up, Blue Cross and Blue Shield, which freely agreed to the demands of Partners in a "gentlemen's agreement" sealed with a handshake. A handshake? Yup, their lawyers were apparently too nervous to put the deal in writing.

The result: an increase of 70% in Blue Cross insurance rates over the last eight year. Not surpisingly, their profits have soared. If you are like most Massachusetts residents, you have not seen pay increases approaching anything like that. And most hospitals that compete with the Partners affiliates have not seen similar increases, instead suffering blows to their bottom lines.

Using its clout, according to the Globe report, Partners also whipped other insurance companies into line, threatening to stop accepting patients insured by Tufts Health Plan, and others, unless they gave Partners a major boost in reimbursement rates.

Where is the money going? Partners keeps its profit margin low by spending hundreds of millions on expansions. The cost of the new cardiac center at the Brigham and Women's Hospital was $382 million. A new building is popping up at Massachusetts General Hospital at the price of $686 million.   These numbers all dwarf the costs of medical malpractice claims in Massachusetts. (And whatever happened to the notion that these giant health care corporations were supposed to be "non-profit"?)

What does this mean for Massachusetts consumers? Your health insurance costs will continue to skyrocket, Partners will continue to corner the market for medical care in Massachusetts, their doctors will earn more, but the quality of your care will be no better and community hospitals will be threatened by Partners juggernaut. That's right, you pay more but get care that is no better than average, and lose health care choices in the bargain.

It is time for our legislators, the Governor, and our Attorney General to crack down on costs of health care that are driving Massachusetts consumers towards bankruptcy.

At Breakstone, White & Gluck we are concerned about health care quality, health care costs, and the truth about medical malpractice in Massachusetts. If you have a malpractice matter you would like to discuss with an experienced attorney, please contact us, toll free, at 800-379-1244.

More Information

A handshake that made medical history, Boston Globe, December 28, 2008 (third article in series)