Showing posts with label vermont. Show all posts
Showing posts with label vermont. Show all posts

Nov 28, 2014

Botox Lawsuit: $6.75 Million Dollar Award

The Burlington Free Press reports on a $6.75 million dollar award for a jury trial in Burlington federal court brought on behalf of a New York couple whose son was treated with Botox for his cerebral palsy symptoms. The award includes compensatory and punitive damages.

The newspaper writes:
"...a Burlington doctor in 2010 recommended the family inject Botox as treatment. In an interview with the Burlington Free Press ... [the parents]... argued that Allergan does not properly warn the public of potential dangers of using the product.

When the first dose of Botox did not work, the doctor administered a second, larger dose a few years later, according to court papers. The boy suffered a severe allergic reaction, which included facial swelling, slurred speech, respiratory difficulties, vomiting and seizures, and he was rushed to the emergency room at Fletcher Allen Health Care."
Botox for pediatric spasticity is not approved by the FDA and is considered an "off-label" use.

An earlier article provides more information on this lawsuit: Family sues over pediatric Botox treatment.



Aug 6, 2014

Vermont's Bernie Sanders Exposes Unacceptable Rate of Death in US Hospitals Due to Medical Errors

Preventable medical errors in hospitals are the third leading cause of death in the United States, a Senate panel was told on July 14. Only heart disease and cancer kill more Americans.

“Medical harm is a major cause of suffering, disability, and death – as well as a huge financial cost to our nation,” Sen. Bernie Sanders (I-Vt.) said at the outset of the hearing by the Senate Subcommittee on Primary Health and Aging.

“This is a problem that has not received anywhere near the attention that it deserves and today I hope that we can focus a spotlight on this matter of such grave consequence,” added Sanders, the panel’s chairman.



The Journal of Patient Safety recently published a study which concluded that as many as 440,000 people die each year from preventable medical errors in hospitals. Tens of thousands also die from preventable mistakes outside hospitals, such as deaths from missed diagnoses or because of injuries from medications.

The new research followed up on a landmark study, To Err is Human, conducted by the Institute of Medicine 15 years ago, when researchers reported that as many as 98,000 people die in hospitals each year due to preventable medical errors. Experts now say that figure was too low and hospitals have been too slow to make improvements.

There has been some progress, Dr. Peter Pronovost of Johns Hopkins University testified. Yet thousands of patients still are dying unnecessarily from infections, preventable blood clots, adverse drug events, falls, over exposure to medical radiation and diagnostic errors. “We need to declare right now that preventable harm is unacceptable and work to prevent all types of harm,” Pronovost said.

Compared to the rest of the world, the United States is about average. “While average is OK, given that we spend more on health care than any other country we should be a lot better. Our high spending is not buying us particularly safe care,” said Dr. Ashish Jha of the Harvard School of Public Health.

Mar 29, 2011

Insure.com Ranks Vermont as Least Costly State for Car Insurance Rates

Foster City, CA March 14, 2011 – Insure.com released a national survey today of car insurance rates by state. The rankings reveal above-average rates in Michigan, Louisiana and Oklahoma and lower-than-average car insurance premiums in Vermont and South Carolina. Surprisingly, a consumer’s driving record is not always the biggest factor in determining prices. Instead, Insure.com found that a number of non-driver-related factors have a significant effect on the average cost of car insurance for consumers in different states.

The percentage of uninsured drivers in a given state, along with other factors like weather and state insurance laws, are in large part what determine the average cost of auto insurance premiums.

According to Amy Danise, senior managing editor of Insure.com,
“We often think of car insurance prices strictly in terms of our own personal details, like our driving record and our coverage amount, but Insure.com’s rankings demonstrate how factors like state laws and the judicial system can be the driving force behind high rates.”
Michigan holds the spot as the most expensive place for auto insurance because it’s the only state that guarantees unlimited personal injury protection payments by law, which is very costly for insurance companies. Louisiana is the second most expensive state because of its judicial system, which generally favors individuals--meaning that insurance companies tend to lose in court, again driving up costs for insurers. By comparison, a representative driver in Vermont pays 87 percent less for insurance coverage than the same driver in Michigan because of the lower level of traffic congestion in Vermont and the large number of insurers competing for business.

Feb 23, 2011

Helmet Safety Advocacy Starts in VT

Dr. Robert Williams, founder of the nonprofit group PHAT (“Protect Your Head At All Times’’), is the helmet safety advocate from Vermont Children's Hospital behind PHAT helmet program...
Williams making headway - The Boston Globe

Jan 30, 2011

17 Medical Malpractice Claims Paid in Vermont in 2009

According to data compiled by StateHealthFacts.org, a website of the Henery J. Kaiser Family Foundation, there were 17 medical malpractice claims paid in Vermont in 2009 for a total of $6,845,000 — that's an average of $402,647 for paid claims. Vermont ranked 46th in the nation for total paid claims. In 2008, Vermont ranked 45th with $10,908,550 in total claims paid. For more state health data on Vermont, see: Vermont State Health Facts.

Dec 9, 2010

Vermont Ranked Healthiest State in the Nation

The 2011 American Health Rankings® puts Vermont on top as the healthiest state in the nation.

Vermont has topped the list of healthiest states for the last four years of published reports. Vermont has had a steady climb in the Rankings for the last twelve years from a ranking of 17th in the 1997 and 1998 Editions.

Vermont's strengths as a healthy state include:
  • a high rate of high school graduation with 88.6 percent of incoming ninth graders who graduate within four years,
  • ready access to early prenatal care with 83.5 percent of pregnant women receiving prenatal care in the first trimester,
  • a low rate of uninsured population at 9.6 percent,
  • high public health funding at $177 per person,
  • a low percentage of children in poverty at 12.0 percent of persons under age 18 and
  • ready availability of primary care physicians with 170.7 primary care physicians per 100,000 population. 
Vermont's challenges include a high prevalence of binge drinking at 17.3 percent of the population and moderate immunization coverage with 89.8 percent of children ages 19 to 35 months receiving immunizations. 

To learn more, you can click here to view the Vermont e-rating report card (or any other state).  

The report also shows that since 1990, Vermont decreased cardiovascular deaths from 401.7 to 241.1 per 100,000 population. These successes indicate that change is possible for all states when there is a united front to make progress on health outcomes.

Oct 13, 2010

Vermont Patient Safety Data Available

From The Hill

Patient safety data made available: Comparative data on patient safety and hospital quality are available online for the first time thanks to the The Commonwealth Fund’s WhyNotTheBest.org. The new measures, developed by HHS' Agency for Healthcare Research and Quality, are available from data submitted by hospitals in nine states: Arizona, Florida, New York, Illinois, New Jersey, Rhode Island, Texas, Vermont and Washington.

Aug 16, 2010

Report Names Vermont Least Successful in Med Mal Reform

A report by Pacific Research Institute (PRI) names Vermont, Rhode Island, Pennsylvania, Kentucky, and Iowa as the least successful in improving their malpractice laws. According to an online news item from Health Care News published by the Heartland Institute (whoever they are):
“Vermont has no limits on noneconomic or punitive damages, no limits on how much of the damages the plaintiffs’ lawyers can seize, offers drug makers or medical-device makers no protection for being in compliance with FDA or FTC regulations, and does not qualify the credentials of expert witnesses at trials...”
Learn more here.

May 22, 2010

Vermont Medical Malpractice Claims Data

According to 2008 data from The Henry Kaiser Family Foundation's statehealthfacts.org, Vermont led the nation in the average medical malpractice claim amount $839,119 (compared to $352,750 for the previous year). Certainly Vermont did not lead the total number of claims paid or the largest amounts paid. There were only 13 claims paid in Vermont in 2008.

When ranked by total dollars paid, Vermont comes in 45th out of 51 states (including D.C.).

See statehealthfacts.org for more interesting data on Vermont and any other state, such as:

Apr 11, 2010

Doctor and Methadone Clinic Settle in Auto Fatality

NEWFANE, VT - A Vermont man having been treated at a Methadone clinic in Massachusetts had high levels of methadone in his system when he had a head-on auto accident, which killed an 8-year-old girl, according to autopsy results as reported by the Barre Montpelier TimeArgus.com. Lawyers representing the girl's estate claimed the clinic and his personal physician failed to adequately monitor the man, settling the lawsuit for $1.8 million.

The news article states that girl's family sued:
"...Community Health Care Inc., which is based in Chicopee, Mass., and [the doctor] of Putney because of their care of [the man], who had a long history of heroin abuse and erratic driving, according to the suit filed in 2007 in Windham Superior Court. The case against [the doctor], who prescribed anti-anxiety medication for [the man] while he was on methadone, settled out of court in January, according to court records."
Read the full article here: Vermont methadone settlement.

Dec 14, 2009

Best Lawyers® Ranks Medical Malpractice Lawyers in Vermont

Who are the best medical malpractice lawyers in Vermont? Best Lawyers®, the annual peer-based listing of the best attorneys in each state, has selected 13 attorneys from the state of Vermont to include in its 2010 annual listing. See the listing here.

Burlington, VT attorneys selected for inclusion in the annual listing for Medical Malpractice Law include:  John Maley and Christopher Maley. Each is also listed in the Best Lawyers listing for Personal Injury Litigation.

Aug 10, 2009

Vermont Judge Pushes Mediation for Outstanding Cases

The Burlington Free Press reports that...
Judge Helen Toor said Wednesday that she will push to have longstanding cases involving alleged priest sexual abuse and malpractice by a Burlington eye doctor resolved during her stint as presiding judge at Chittenden Superior Court.
Read the full article on BurlingtonFreePress.com.

Mar 3, 2009

Eye Doctor Cleared of Malpractice

BURLINGTON, VT — The Burlington Free Press carries this story of a Chittenden Superior Court jury clearing a Burlington eye doctor of medical malpractice and fraud after a three-week trial regarding a lawsuit by a patient who claimed "unnecessary cataract surgery." For the full article, click on: Jury Clears Ophthalmologist.

Jan 12, 2009

What's average medical malpractice claim paid in Vermont?

The average amount for a medical malpractice claim paid in Vermont is $352,750. This according to statistics compiled by The Henry J. Kaiser Family Foundation, whose state health data lists this 2007 number for Vermont. It also list $3,527,500 as the total paid in 2007, so we can interpolate from that that there were 10 paid claims in 2007.

The web site offers comparative statistics on medical malpractice claims paid in all 50 states. Leading the pack in total dollars paid is New York state with $674,683,750 (an average of $441,547 per claim paid). For more information, see the Kaiser web site, click on: med mal claims paid data.

Dec 19, 2008

Vermont Jury Awards $800,000 for Failure to Monitor Coumadin in Medical Malpractice Wrongful Death Lawsuit

Vermont Jury Awards $800,000 for Failure to Monitor Coumadin
A Franklin County jury returned on October 30, 2008, a $800,000 verdict in a medical malpractice lawsuit to the family of a woman who died while on the blood thinner Coumadin for a history of deep vein thrombosis and a heart condition. Patients on Coumadin require close monitoring of their blood's ability to clot by a test called an INR. Her doctor failed to properly monitor her INR values and as a result, Mrs. Stone's blood became too thin, depleted of clotting factors, and susceptible to uncontrolled bleeding. After grazing her ear, she became unresponsive and was taken to the hospital where her INR was found to be 12.29, a dangerously high level. (The target therapeutic range was 2 to 3.) A CT scan revealed that she had suffered a massive intracranial hemorrhage which caused herniation of her brain. Attorney for the plaintiff was Chris Maley, Burlington, Vermont.

Nov 23, 2008

Facts on Senior, Fall, Injuries in Vermont

An article in the Burlington Free Press, on seniors and falls includes some interesting Vermont facts on falls...

  • "One in five hip fracture patients over age 65 die within a year after surgery, and one in four have to spend a year or more recuperating in a nursing home.
  • Falls are the leading cause of catastrophic injury in older adults.
  • Among older adults, falls are the leading cause of injury deaths.
  • More than 95 percent of hip fractures among those over 65 are caused by falling.
  • Vermont has one of the highest rates of death from falls nationwide."
To read the entire article, click on: seniors who fall.

Oct 27, 2008

Vermont Receives $2 Million in Pfizer Settlement

VERMONT — The Barre Montpelier Times Argus carries this story regarding the multistate settlement with Pfizer: Vermont gets $2 million in lawsuit.

According to the report...
"According to the state's complaint, Pfizer's painkiller Bextra had FDA approval for use in treating arthritis and menstrual pain, but Pfizer marketed it for use treating acute pain, pain associated with surgery and for reducing use of narcotic painkillers. The state referred to these as "off-label" uses.

The FDA pulled Bextra from the market in 2005 due to concerns it increased the risk of heart attacks and strokes. Published reports from the last week show Pfizer also paying $745 million to settle personal injury claims and $89 million for consumer fraud class-action lawsuits, all dealing with Bextra or Celebrex."
Pfizer did not admit to any wrongdoing in the settlement. For more information, click on this link: Vermont's share of Pfizer Settlement.