Recent Blog Posts

ALASKA SUPREME COURT OVERTURNS TASER DECISION

Sean Brown — Wed, 04 May 2011 17:25:00 GMT

In a recent opinion, the Alaska Supreme Court reversed a Bethel Superior Court's prior decision to throw out a lawsuit against the City of Hooper Bay and a couple of its police officers. Michele Power and Sean Brown, attorneys for Thomas Olson, brought the lawsuit on behalf of Olson in 2007 after Hooper Bay officers tasered him between 15 and 18 times while he was handcuffed. Apparently, Olson had consumed alcohol on the night this occurred and the officers were in the Olson home to check on the welfare of the Olson children. Initially, the officers entered the Olson home and found everyone asleep except a child who responded to the officer's knocking on the residence door. The lawsuit alleged that given the circumstances of this case the officers' conduct was excessive and outrageous. Myron Angstman and Bill Ingaldson represent the City of Hooper Bay and the officers.

In its decision, the Alaska Supreme Court divided a five-minute period of police contact with Olson into four phases. It found that the first two phases of the incident were lawful. Phase One involved that handcuffing of Olson after he was awakened from his sleep and Phase Two involved tasering Olson after he wrapped his legs around a support pole in the residence.

However, the Court found that thereafter the nature of the officer's conduct may have put the officers on notice that the force they used became excessive at some point. In Phase Three, the officers continued to taser Olson in rapid succession over the course of approximately 50 seconds. In Phase Four, the officers rolled the handcuffed Olson onto his stomach and tasered him again and again. In all, Olson was tasered between 15 and 18 times.

In its written opinion, the court noted that the "officers tased Olson at least fifteen to eighteen times; some of these tases occurred after Olson was handcuffed, on his stomach, and under the control of the freely mobile police officers." The Court held that "the nature of the officers' actions, alone, [may provide] notice that the force they used became excessive at some point in the sequence of events."

Brown stated that "the officers were in the Olson residence only to conduct a welfare check and everyone but the child who responded to the officer's knocking was asleep when the officers entered the home." According to Power, Mr. Olson's conduct that night was not perfect. "But such conduct does not give officers the right to inflict what some might view as torture on a suspect." The case will now be set for trial in Bethel.

CPSC Failed to Investigate Some Crib Bumper Cases.

Sean Brown — Thu, 31 Mar 2011 19:19:00 GMT

The Chicago Tribune (3/30, Gabler) reported there are "at least 17 cases where the Consumer Product Safety Commission did not investigate a child's death, even though the agency had reports on file suggesting bumper pads" in cribs "played roles in the fatalities."
The Chicago Tribune "looked into some of the cases and found that medical examiners and coroners said bumper pads were involved in the suffocations. " Now the CPSC "is in the midst of trying to decide if the popular nursery products are safe, yet is doing so without having investigated all deaths that involved bumpers, which tie around crib slats."

$233,000 Awarded in a Medical Malpractice Action Against YKHC

Sean Brown — Mon, 28 Mar 2011 19:54:00 GMT

Earlier this month, a verdict exceeding $233,000 was awarded in a medical malpractice action against the St. Mary’s Subregional Clinic and the Yukon Kuskokwim Health Corporation (“YKHC”) in Alaska.

A mother initiated the matter, through her attorney, Michele Power, at the Power and Brown law firm in Alaska, after inadequate medical care caused her 14 month old son to develop sepsis.

Following trial, the United States District Court for the District of Alaska determined the YKHC physician assistant who treated the child violated the applicable standard of care. The applicable standard of care required the physician assistant to incise and drain an abscess on the child. Instead of incising and draining the abscess, the physician assistant simply sent the child home with medication. As a result, the 14 month old child developed sepsis. To treat the child extensive medical treatment, including hospitalization, was required.

Opioid Painkillers Linked to Birth Defects

Sean Brown — Fri, 04 Mar 2011 00:49:00 GMT

The Los Angeles Times "Booster Shots" blog (3/2, Maugh II) reported, "Consuming opioid pain relievers such as codeine, oxycodone or hydrocodone just before pregnancy or early in pregnancy increases the risk of certain birth defects, especially congenital heart defects," according to a Centers for Disease Control and Prevention studyin the American Journal of Obstetrics and Gynecology.

Cheryl S. Broussard of the CDC's National Center on Birth Defects and Developmental Disabilities, and colleagues found that exposure to the opioid painkillers "doubled the risk
of having an infant with hypoplastic left heart syndrome" and several other heart problems. It also increased the risk for spina bifida, hydrocephaly, congenital glaucoma and gastroschisis.

Strollers Recalled Due to Amputation and Laceration Hazards

Sean Brown — Wed, 02 Mar 2011 20:21:00 GMT

Jogging strollers sold by phil&teds USA, Inc, of Fort Collins, Colorado, have been recalled due to amputation and laceration hazards. When folding and unfolding the stroller, a consumer's finger may become caught in the hinge mechanism, posing amputation and laceration hazards. Recall information about this and other phil&teds products can be found on the company's website.

Alcohol wipes maker sued over boy's fatal infection.

Sean Brown — Tue, 01 Mar 2011 19:46:00 GMT

The AP (2/28) reported alcohol wipe manufacturer Triad Group "is being sued by a Texas couple who lost their 2-year-old son to a fatal bacterial infection." According to Shanoop and Sandra Kothari's attorney, "the boy was exposed to Triad alcohol pads after he had a benign cyst removed from his brain." Donald Kidd "says the alcohol pads had bacteria contamination that caused the boy's death." The Wisconsin-based company issued a voluntary recall of its wipe products.

Federal advisory panel urges stricter oversight of external defibrillators.

Sean Brown — Fri, 28 Jan 2011 00:52:00 GMT

The New York Times(1/26, B3, Wilson) reported that "a federal advisory panel on Tuesday called for stricter oversight of the defibrillators available in many schools, gyms, lobbies, and other places that are used by the public to try to save victims of major heart attacks." Meanwhile, FDA "staff...recommended tighter controls over the automated external defibrillators, citing concerns about product recalls and reliability." The Times adds that "Dr. Bram D. Zuckerman, director of the division of cardiovascular devices in the FDA Office of Device Evaluation, said the companies would have 12 to 18 months after publication of a new rule to develop any additional studies or reports required to prove safety and effectiveness."

FDA says breast implants may be linked to rare form of lymphomatous cancer.

Sean Brown — Fri, 28 Jan 2011 00:43:00 GMT

The Washington Post (1/27, Stein) reports that the FDA on Wednesday stated it had "detected a possible association between saline and silicone gel-filled breast implants and anaplastic large cell lymphoma (ALCL)" The agency said most women with implants "do not have to have them removed or take any other steps," but they should "immediately seek medical care" if they develop "unusual problems," such as "swelling or pain around the implant."

Bristol-Myers recalls blood pressure medicine.

Sean Brown — Fri, 14 Jan 2011 19:58:00 GMT

Reuters(1/14, Berkrot) reports Bristol-Myers Squibb Co. has announced a recall of 64 million tablets of the blood pressure medicine Avalide because of the potential for reduced effectiveness. The issue is described as a potential variability in levels of the less-soluble form of the active ingredient irbesartan.

Parents Sue Crib Retailer for Son's Death

Sean Brown — Fri, 07 Jan 2011 23:16:00 GMT

The Boston Herald (1/7, Goodison) reports a couple sued crib maker Hayneedle Inc. over the 2008 suffocation death of their toddler son. Their suit tagged the company for negligence "in failing to warn those caring for him of the crib's 'dangerous and defective characteristics, and of the safe and proper method of assembling, using and maintaining (it).'" The child's death was "a key factor" in the US Consumer Product Safety Commission's decision to recall more than two million Simplicity crib models. CPSC spokesman Scott Wolfson said "We believe that thousands, if not hundreds of thousands, of these cribs could still be out there."

FDA warns liquid cough capsules pose risk to children.

Sean Brown — Wed, 15 Dec 2010 17:58:00 GMT

The AP (12/15) reports, "The US Food and Drug Administration says that Tessalon (benzonatate) liquid cough capsules should be kept in child-proof containers because they look like candy and could pose a risk to young children if ingested." The FDA said "that from 1982 through May of this year, there have been seven cases where children younger than 10 accidentally ingested benzonatate. Five of those children died."

FDA to review safety of dental fillings containing mercury.

Sean Brown — Tue, 14 Dec 2010 18:19:00 GMT

The Chicago Tribune(12/11, Zajac) reported, "Prodded by consumer and dental activists, the Food and Drug Administration is reviewing the scientific evidence underlying its pronouncement less than 18 months ago that dental fillings containing mercury do not cause harm to patients."

Notably, "an advisory panel of outside experts will meet next week to re-examine the basis of the FDA's conclusions in the latest chapter of a lengthy battle with groups who believe the agency is understating possible links between the mercury in dental amalgam and neurological and other health problems."

This "review is 'not being taken because of new data' and 'at this time, the FDA is not modifying its existing guidance' that mercury fillings are safe, Nancy Stade, deputy director for policy in the FDA's medical device center, said in a press briefing Thursday."

Pregnant women and children warned about mercury in tuna.

Sean Brown — Tue, 14 Dec 2010 18:13:00 GMT

In her Vital Signs column in the New York Times(12/14, D6), Roni Caryn Rabin writes, "Consumers Union is urging pregnant women to avoid eating tuna altogether and advising small children to limit consumption after tests on dozens of cans and pouches of tuna found mercury in every sample. The tuna was bought in the New York metropolitan area and online." Rabin says "'White' tuna generally contained more mercury than 'light' tuna, but some light tuna contained enough that a woman of childbearing age eating less than a can a week would exceed federal recommendations for mercury consumption, the new Consumer Reports study says." Notably, "the average amount of mercury found...in white tuna samples was 0.427 parts per million, compared with the average 0.353 p.p.m. found in F.D.A. tests in 2002-04. The average in light tuna was 0.071 p.p.m., lower than the 0.118 p.p.m. found by the F.D.A."

Older arthritic patients taking opioids may face increased risk of bone fracture, heart attack, death.

Sean Brown — Tue, 14 Dec 2010 18:08:00 GMT

The New York Times(12/14, B3, Meier) reports, "Older patients with arthritis who take narcotic-based drugs to relieve pain face a higher risk of bone fracture, heart attack and death when compared to those taking non-narcotic drugs, according to" research published in the Archives of Internal Medicine. "The use of narcotic painkillers has increased in recent years because of a prevailing belief that such drugs were safer for older patients than non-narcotic drugs like" ibuprofen. However, "the review, financed by the federal Agency for Healthcare Quality and Research, appears to undercut that assumption."

Vioxx may have caused blood clots, deaths after patients stopped using it.

Sean Brown — Tue, 14 Dec 2010 18:05:00 GMT

Reuters (12/14, Joelving) reports that according to research published in the Archives of Internal Medicine, the painkiller Vioxx (rofecoxib) may have caused blood clots, and possibly even deaths, after patients stopped using it.