COMMITTED TO PROTECTING THE RIGHTS OF PERSONS INJURED BY THE NEGLIGENCE OF OTHERS.

Archive for February, 2010

Gingko May Not Be as Safe as Once Thought

Sunday, February 14th, 2010

These days one has to wonder just what is safe anymore when it comes to products on the shelf. Now supposedly healthy Gingko Biloba is not safe.

“In terms of dealing with dangerous products, drugs and herbals have long been at the top of the list across the country when it came to lawsuits. The general public has a right to be safe and protected from goods that may harm them,” indicated Christopher Mellino, of the Mellino Law Firm LLC in Cleveland, Ohio.

Nine times out of ten people consider herbal drugs to be safe and don’t hesitate to take them; sometimes even if the herbal drugs aren’t compatible with conventional drugs. This is an area that gives medical practitioners a lot of concern; the mixing of herbals and traditional medicine.

Now it seems that one of the most highly visible and trusty standbys of the herbal world, gingko biloba, may become a dangerous product with the potential to harm people. “Evidently a recent report in Journal of American Medical Association outlined that this herb does not really help anyone’s memory or even slow down the rate of cognitive decay in older, but still healthy people,” Mellino outlined.

While the test was a double blind, randomized test with over 3,000 patients, the end result was easily summed up in one sentence – there was no difference between Gingko and the placebo. “Needless to say this puts a huge crimp in the advertising for this product and calls into question how it was marketed as a brain enhancer in the first place,” said Mellino.

This herb is one of the biggest sellers in the world largely because people think it does boost the memory and sharpens the concentration. “While the research shows it doesn’t do what the marketing companies say it does, it also shows that Gingko may harm people. This is where the very real possibility of a dangerous product lawsuit may come into play,” Mellino explained.

The Journal of Natural Products is saying that restrictions need to be put on Gingko’s use because there is a rapidly growing body of evidence that shows it may actually increase the risk of seizures for epileptics and may even reduce the effectiveness of anti-seizure drugs.

“It appears that an element of Gingko, something called Gingko toxin, may act to alter a chemical signaling pathway in the brain, triggering seizures. If it does indeed reduce the effectiveness of seizure medications, this will have serious ramifications for patients with epilepsy,” commented Mellino.

Interestingly enough, herbal remedies and supplements aren’t marketed as drugs because they haven’t been scientifically tested to be safe or effective, nor have they been used in clinical trials. However, the herbal industry is large enough to boast of being a multi-billion dollar success. “They have made sure their products are not FDA regulated. Put another way, the FDA can only run interference after someone has been injured or dies as a result of using herbs. Does anyone remember the ephedra fiasco that claimed the lives of over 100 people?” questioned Mellino.

Pharmaceutical or “natural” drugs may have dangerous and unintended side effects. However, things get even worse when people are harmed or killed by an herb that was never proven to work or shown to be safe at the outset. In instances like this, it’s best to speak to a skilful personal injury attorney who will do a walk-through of how a dangerous product lawsuit is filed and assess the facts of the case presented to them. Beware of what the labels on bottles of herbal drugs don’t say.

To learn more, visit http://www.christophermellino.com.

Fatal Shooting Results in Wrongful Death Lawsuit Settlement

Sunday, February 14th, 2010

Let’s take a look at a case we heard about where there was a $1.5 million settlement for the young daughter of an unarmed man shot to death by a transit officer. This case didn’t make it to court, as transit officials agreed to settle out of court. It took one very long year for the fiancée of the deceased, who is raising their 5-year-old daughter, to get the award which is still to be approved by a judge.

The facts of the case involve a transit officer and several young adult males, who were pulled off a train onto a transit platform, for fighting. According to the defendant, the transit officer, his intention was to use a stun gun on the deceased as he lay face down on the platform. Instead of using the stun gun, the officer pulled his handgun and shot the man.

The whole incident was caught on videotape by a number of eyewitnesses and went viral as a video on the Internet. The death caused a great deal of public outrage and numerous protests. The video was used for evidence in a preliminary hearing. In light of the video, mediation was attempted, but only one of two plaintiffs, the fiancée, was offered a settlement. The deceased’s mother has not settled and it is expected that her case will make its way to court.

The fiancée’s settlement will amount to an annual allowance, something most commonly referred to as a structured settlement, and once the youngster turns 18, and she will have access to more money. The payout, with interest over a 20 year period is estimated to be between $4 million and $5 million. It was a tough case, as it is difficult to actually calculate how much is lost financially due to the death of the father. Obviously the attorney representing the fiancée realized the goal was to secure the child’s financial future.

The whole point of wrongful death cases is something that a great many people don’t understand. They are not about revenge. They are about financial compensation for the loss of a beloved member of the family who provided income, companionship and other invaluable services as a member of that family unit. Wrongful death cases are about making sure those who suffered such a devastating loss are able to go forward with their lives, knowing they have the finances to carry on.

Cases like this one may happen to anyone. Every day someone dies due to the negligence of another. Every day someone contemplates the merits of filing a wrongful death suit. It takes guts and courage to go forward with something like this after such a horrendous loss. Negligence that takes another’s life is negligence that needs to face the call to justice for the victim’s family.

Christopher Mellino is a Cleveland Malpractice Lawyer specializing in Cleveland Medical Malpractice cases in Ohio. To learn more, visit Christophermellino.com.

Traumatic Brain Injuries the Silent Stalker in Sports

Friday, February 5th, 2010

Traumatic brain injuries stalk the world of sports. Only now are people realizing that it could happen to anyone.

Snowboarding is a rather elegant sport; an Olympic one where several participants hope to achieve gold. It’s an interesting world of things called snowboarding in the half-pipe, double backflips (dubbed Backside 720) and other strange names like Alley Oops, that represent a variety of contortions performed in mid-air while on a snowboard.

Or to be more precise, performed while “not” on the board, but instead a few feet in the air over the snowboard. Think ski jumping without the skis and only having a small board to land on when they come down.

It’s quite the sight to see the best of the best tackle some of the hardest moves in this sport. Snowboarding in half-pipe was once something that most snowboarders would gladly do their practice runs on. “To understand the half-pipe, it’s where participants move from one wall to another to do their tricks. This is not something a beginner should try. Unfortunately, it’s something even the veterans have trouble with at times,” commented Christopher Mellino, of the Mellino Law Firm LLC in Cleveland, Ohio.

Since former Olympic snowboarder Kevin Pearce wiped out while snowboarding in half-pipe, his colleagues think twice about doing the same thing. “Pearce’s accident in January 2010 resulted in him being placed on a ventilator suffering from a severe brain injury; the result of a twisting double backflip that didn’t go as planned,” said Mellino. The sport itself came to a standstill in total shock and safety became a very urgent concern in an activity where falling is all too common.

“Even in light of Pearce’s accident, the US Ski and Snowboard didn’t make changes to the pipe used for the Olympics: 22 feet high with a 500 foot long pipe,” Mellino added. The Winter Games went on, without Pearce, while the country marveled at another never before seen feat on a snowboard, a double McTwist 1,260. This isn’t the maneuver that took Pearce out of the race. He was doing a double cork 1,080 that involved three rotations.

“While Pearce knew the trick he was doing at the time of the accident, he still had a serious fall that resulted in his traumatic brain injury. The lesson inherent in this is that many sports, while fun and enjoyed by many, may still result in serious, life altering injuries and even death,” commented Mellino.

Traumatic brain injury is a significant struggle for the person recovering and they may face years of rehabilitation, headaches, difficulty remembering things, uncertain emotional stability, cognitive difficulties, and other significant setbacks. Many traumatic brain injury survivors will not be able to work again, thus the question becomes how do they support themselves?

In many instances related to sports, those who have sustained this type of injury may wish to consider filing a personal injury lawsuit. Each case is different and the attorney who assesses the case will know best how to proceed.

“There may be a variety of questions to be answered such as: was there defective equipment or an improperly maintained pipe? When in doubt about a sports injury that has resulted in a traumatic brain injury, consult a seasoned personal injury attorney and find out what to do,” advised Christopher Mellino, of the Mellino Law Firm LLC in Cleveland, Ohio.


To learn more, visit http://www.christophermellino.com.

Invasive Pelvic Exams Under Anesthesia May Result in Med Mal

Thursday, February 4th, 2010

Undergoing an invasive pelvic exam while you are under anesthesia may be cause for a medical malpractice lawsuit.

In a world full of unspeakable things, where one should feel safe in a hospital while in the hands of good doctors, comes the latest highly unsettling news; pelvic exams performed on women without their consent while they are under anesthesia. If this doesn’t make you cringe and wonder what the devil those doctors think they are doing, nothing will. In most instances when this kind of violation occurs, it has been done by medical students.

How can they do this without the patient’s consent? This is the $64 million dollar question with seemingly no really good answer and a serious violation, but it’s being done in the US and in Canada. This very personal and very private routine exam normally done in a doctor’s office or at the behest of a gynecologist is being done whenever and wherever possible in hospitals to unconscious patients.

Is this kind of activity just the tip of the iceberg and are there other nasty little secrets being withheld from patients? Yet another very pointed question that no one seems to be in a hurry to answer. This ‘secret’ was first outted by a Canadian doctor, Dr. Sara Weinberg, whose brother called her for advice as a result of his rotation on the obstetrics and gynecology service.

Dr. Weinberg’s brother had been asked to do a pelvic exam on a woman under anesthetic. He would not do it as he felt that doing it without informed consent would be unethical. Startled to realize she had done the same thing in training, she asked others about their experiences. It seems that close to 72% had done exams on unconscious patients. The prevailing argument for doing this was because it offered the medical students a unique opportunity to practice this very private exam without causing pain or embarrassment.

For some reason many doctors are of the opinion that patients don’t want students performing this type of exam. That may well be the case, but it doesn’t make it acceptable to turn around and have it done to someone who is out like a light and totally vulnerable. Sneaking around to do this kind of exam without permission hits a new level of low behavior in the medical field.

While some may be thinking the woman knew about this exam prior to surgery and anesthesia, the study Dr. Weinberg conducted discovered that perhaps one in five may be aware this type of exam would be performed on them while unconscious. Whether or not there are patients who may agree to this type of an exam under these circumstances is not the point.

The point is it isn’t ethical to do it without permission, and this doesn’t even begin to address the possibilities of injuries to the cervix at the hands of some of the clumsier students; the risk of infection or the possibility of internal injuries due to the slip of an instrument. Good medicine means informed consent and patients being treated with respect and dignity. An invasive non-consensual pelvic exam done under anesthesia is not treating the patient with respect and dignity.

Christopher Mellino is a Cleveland Malpractice Lawyer specializing in Cleveland Medical Malpractice cases in Ohio. To learn more, visit Christophermellino.com.

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