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The debate over the increased risk of bladder cancer while taking Actos remains consistent. As Actos bladder cancer lawsuits increase across the U.S., diabetic patients are continuously warned about the higher risk of bladder cancer while taking the prescription drug Actos (pioglitazone) for a long period of time. Actos is a once a day pill used to improve blood sugar control for patients with type 2 diabetes. In June 2011, the Food and Drug Administration (FDA) warned doctors and patients in the U.S. about the increased risk of bladder cancer while taking the medicine for over a year. The FDA issued this warning just two days after the drug was pulled off the shelves in France and Germany.

Based off of data collected from the first five years of a 10-year study taken by Takeda, the makers of Actos and the largest pharmaceutical company based in Japan, results showed that “patients with the longest exposure to and the highest cumulative dose of the drug were at greater risk for bladder cancer”(European Medicine Agency – EMA). Though not all patients qualify in this category, this is still a very serious side effect for many.

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Today, more and more Actos lawsuits are piling up. Takeda has suffered a severe loss in sales as the warning continues to spread across the U.S. Doctors are encouraged to prescribe other medications for their patients unless all other medications have failed. The FDA is still seeking more results from the study and will continue to update the public.

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In June of 2011 the Food and Drug Administration (FDA) issued a safety warning to all patients taking Propecia (finasteride). Propecia, a 5-alpha reductace inhibitor, “is used for the treatment of male pattern hair loss on the vertex and the anterior mid-scalp area” (PROPECIA). While taking Propecia, the drug begins to increase the number of scalp hairs with the intention to fill in most balding spots, however, studies may show the side effects to be far more dangerous than intended.

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According to the Washington Post, the FDA based their safety warning off of two large studies. The studies showed that Propecia actually reduced the overall risk of getting prostate cancer, but increased the risk of developing high-grade tumors. Some doctors have reported that the drug is helping them find these serious tumors, while others are reporting that the drug is the reason for the tumors. Another serious side effect while taking Propecia is that it can affect the results of a Prostate-Specific Antigen (PSA) test, a blood test used to screen for prostate cancer. Propecia can actually lower your PSA levels and while several men think that a hair treatment drug is not anything serious, studies have shown otherwise. As the debate continues doctors seek for more results to determine the severity of Propecia’s side effects. (read full story)

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As transvaginal mesh lawsuits consistently increase across the Dallas/Fort Worth area, The Food and Drug Administration (FDA) continue to warn doctors and patients of serious complications involving the surgical placement of transvaginal mesh used to repair Pelvic Organ Prolapse (POP) and Stress Urinary Incontinence (SUI).

In 2008 the FDA issued a Public Health Notification and Additional Patient Information to inform the public about the high risks of serious complications. According to the FDA, results have shown over 1,000 adverse events were reported to the FDA during a 3-year period, since then, from Jan. 01, 2008 through Dec. 31, 2010, the FDA received 2,874 additional reports of complications associated with surgical mesh devices. The most frequent complications reported for POP repair included protrusion, pain, infection, bleeding, dyspareunia, organ perforation and urinary problems. Many of these complications led to additional medical or surgical treatment and hospitalization.

Based on the results, the FDA’s concerns have significantly increased. “The FDA is issuing this update to inform you that serious complications associated with surgical mesh for transvaginal repair of POP are not rare. This is a change from what the FDA previously reported in 2008. Furthermore, it is not clear that transvaginal POP repair with mesh is more effective than traditional non-mesh repair in all patients with POP and it may expose patients to greater risk. The FDA continues to evaluate the effects of using surgical mesh to repair SUI and will communicate these findings at a later date.” (FDA)
(read full story)

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The need for personal injury lawyers has significantly increased across Texas, especially due to accidents on the road. Whether it’s DWI accidents, distracted driving accidents or just simple accidents the number of car crashes isn’t decreasing. One interesting study we found shows that driving while drowsy can be just as if not more dangerous than driving while intoxicated, causing thousands of truck and car accidents each year. The National Highway Traffic Safety Administration (NHTSA) has compared it to driving with a blood alcohol level at .10, well over the legal limit of .08. Driving while drowsy has proven to be extremely dangerous. NHSTA has estimated that each year close to “100,000 police-reported crashes are the direct results of drivers’ fatigue, resulting in an estimated 1,500 deaths, 71,000 injuries, and $12.5 billion in monetary losses.” So how do you know if you are becoming too drowsy to drive?

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Know the warning signs of driving drowsy according to AAA Foundation for Traffic Safety

• The inability to recall the last few miles traveled
• Having disconnected or wandering thoughts
• Having difficulty focusing or keeping your eyes open
• Feeling as though your head is very heavy
• Drifting out of your driving lane, perhaps driving on the rumble strips
• Yawning repeatedly
• Accidentally tailgating other vehicles
• Missing traffic signs
Enough truck and car accidents happen every year, how can you avoid drowsy driving to prevent more truck and car accidents?

The AAA Foundation for Traffic Safety has conducted a list of what they believe to be the six most important guidelines a driver can follow in hopes to prevent drowsy driving.

• Get a good night’s sleep: The amount needed varies from individual to individual, but sleep experts recommend between 7-9 hours of sleep per night.
• Plan to drive long trips with a companion: Passengers can help look for early warning signs of fatigue, and switching drivers may be helpful. Passengers should stay awake and monitor the driver’s condition.
• Take regular breaks: Schedule regular stops – every 100 miles or 2 hours, even if you don’t feel tired, and more often if you feel like you need it.
• Avoid alcohol and medications: If medications warn that they cause or may cause drowsiness, avoid taking them before driving. If you must take certain prescription medications that cause drowsiness, don’t drive immediately after taking them.
• You should never consume alcohol before driving in the first place, but it is especially important to realize that alcohol interacts with fatigue, increasing sleepiness. If you are already tired, even a small quantity of alcohol may exacerbate your sleepiness and increase your risk of crashing, even if your BAC is well below the legal limit for a DWI conviction.
• Consult your physician or a local sleep disorders center: If you suffer frequent daytime sleepiness, experience difficulty sleeping at night, and/or snore loudly on a regular basis, consult your physician or local sleep disorders center for a diagnosis and treatment.

(Read full article)

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As hip replacement lawsuits continue to rise, so do serious health concerns about metal-on-metal hip replacements. According to the New York Times, a top Boston surgeon went in to replace his 53-year-old patient’s hip and found devastating results. What researchers had warned patients of years ago has finally sunk in. The patient’s metal-on-metal hip replacement had been shedding tiny pieces of metallic debris that eventually led to what looked like a “biological dead zone. There were matted strands of tissue stained gray and black; and a large strip of muscle near the hip no longer contracted.” (New York Times) The damage was far worse than test results had shown and looked to be permanent.

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Surgeons across the U.S. have found this problem to be significantly increasing with metal-on-metal hip replacements. The Boston surgeon, Dr. Young-Min Kwon stated that this could be one of the country’s biggest medical device failures yet. Though all orthopedic implants shed debris after a few years, the metal-on-metal poses a higher threat that can lead to permanent damage of the tissue, muscle and bone due to the metallic ions that are being shed. (read full article)

As studies continue to prove metal-on-metal hip replacements aren’t working properly, doctors and surgeons are trying new tests to find better results before the problem worsens. Patients are encouraged to be aggressive about consistently testing their results for metal levels and to speak to their doctors about recent recalls.

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Distracted driving has proven to be one of the leading causes in car accidents across the United States, especially among teenagers. These accidents can tragically lead to the injury or death of a loved one. Make sure you and your family are aware about the dangers of distracted driving. Talk to your kids about the serious consequences that can result from these accidents.

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On July 15, 2007 five high school cheerleaders in Western New York were killed in a car accident. Police pulled cell phone records which showed the driver had sent and received a text message just 38 seconds before 911 was called by a bystander to report the accident. Tragically, police can only assume that the distraction of texting was the main cause of the accident. Shortly after the accident more and more states began passing laws dealing with cell phone usage while driving. Stay up to date with the current Texas driving prohibitions. (read full story)

Texas Driving Prohibitions

• Ban on all cell phone (handheld and Hands-free) for bus drivers (Primary law)
• Ban on all cell phone (handheld and Hands-free) for novice drivers (Primary law)
• Ban on texting for novice drivers (Primary law)
• Ban on texting for bus drivers (Primary law)
• Texas has banned the use of hand-held phones and texting in school zones
• In Texas: bus driver laws pertain to bus drivers with passengers age 17 and under. Novice drivers are defined as all drivers at the intermediate stage, first 12 months.

According to the National Highway Traffic Safety Administration (NHTSA), “20 percent of injury crashes in 2009 involved reports of distracted driving. The age group with the greatest proportion of distracted drivers was the under-20 age group. And 16 percent of all drivers younger than 20 involved in fatal crashes were reported to have been distracted while driving” (NHTSA).

Texas, trying to prevent more distracted driving car accidents, has enforced two new distracted driving laws. One bans teen drivers from using cell phones and text messaging devices while driving; the other prohibits all drivers from using handheld cell phones in school zones. These laws are now in effect across the state. Though, several Texas cities are taking distracted driving issues into their own hands. Dallas, San Antonio, Austin, Amarillo, Galveston, El Paso, Missouri City and Stephenville are among the cities that have passed local distracted driving laws.

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Searching for the right nursing home for your loved one? Don’t let nursing home abuse or negligence occur. Take a look at the top 10 most recommended nursing homes across Texas. Based on research from the U.S. News, each home is rated by health inspections, nursing staff and quality measures.

Top 10 Nursing Homes Across Texas

1. Afv I Health Care Center – San Antonio, Texas.
• Medicare/Medicaid: Medicare
• Number of beds: 82
• Continuing-care retirement community: Yes
• Ownership: Nonprofit (corporate)

2. Kerens Care Center – Kerens, Texas.
• Medicare/Medicaid: Both
• Number of beds: 66
• Continuing-care retirement community: No
• Ownership: For-profit
3. Wesley Court Methodist Retirement Community – Abilene, Texas.
• Medicare/Medicaid: Medicare
• Number of beds: 29
• Continuing-care retirement community: Yes
• Ownership: Nonprofit (corporate)

4. Anderson Nursing Center – Grand Saline, Texas.
• Medicare/Medicaid: Both
• Number of Beds: 76
• Continuing-care retirement community: No
• Ownership: For-profit
5. Brownwood Regional Medical Center – Brownwood, Texas.
• Medicare/Medicaid: Medicare
• Number of beds: 20
• Continuing-care retirement community: No
• Ownership: For-profit
6. CC Young Memorial Home – Dallas, Texas.
• Medicare/Medicaid: Both
• Number of beds: 88
• Continuing-care retirement community: Yes
• Ownership: Nonprofit (corporate)

7. Christus Spohn Hospital Corpus Christi – Corpus Christi, Texas.
• Medicare/Medicaid: Both
• Number of beds: 88
• Continuing-care retirement community: Yes
• Ownership: Nonprofit (corporate)

8. Country Village Care – Angleton, Texas.
• Medicare/Medicaid: Both
• Number of beds: 136
• Continuing-care retirement community: No
• Ownership: For-profit
9. Emeritus At Spicewood Springs – Austin, Texas.
• Medicare/Medicaid: Medicare
• Number of beds: 46
• Continuing-care retirement community: No
• Ownership: For-profit
10. Goodall Witcher Nursing Facility – Clifton, Texas.
• Medicare/Medicaid: Medicaid
• Number of beds: 43
• Continuing-care retirement community: No
• Ownership: Nonprofit (corporate)

To read each individual review and ratings please visit the U.S. News Homepage.

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Choosing a nursing home for your loved one can be a very difficult process. Unfortunately, nursing home abuse and negligence cases are much more common than the public is aware of. According to CBS News, in 2009 a congressional report stated that nearly one-third of all U.S. nursing homes have been cited for abuse. If you think your loved one has been or is being abused in a nursing home, don’t hesitate to contact a nursing home negligence lawyer. At Borchardt Law Firm, we strive to help families who have been victims of nursing home abuse or neglect.

When abuse is suspected our firm recommends families to immediately become in contact with the Texas Department of Aging and Disability Services (DADS). “The Texas Department of Aging and Disability Services was created to administer long-term services and support for people who are aging and who have cognitive and physical disabilities. The department also licenses and regulates providers of these services, and administers the state’s guardianship program. They began formal operations on Sept. 1, 2004.”(DADS website) The department endeavors to keep elders safe.

First Steps to Report Abuse

1. By contacting the Texas Department of Aging and Disablity Services victims are able to file a complaint by calling their hotline at 1-800-458-9858. The complaints are anonymous and all of the names (including the name of your loved one) will be redacted from the report. DADS, the state agency, track these reports by a control number. Be sure to explain to the state all of your issues, and to get the control number. This will allow you to get a copy of the report once it is finished. Retaliation by a nursing home for making a complaint is illegal so you shouldn’t hesitate to file a complaint.
2. Move your loved one to another facility that is feasible. Don’t wait to make the move, you don’t want matters to worsen.
3. After you have filed your complaint and moved your loved one to a new home, contact an experienced lawyer who handles nursing home negligence cases.

How to Pick the Right Nursing Home Negligence Lawyer

1. Meet with potential lawyers to handle your nursing home negligence case. At Borchardt Law Firm, all of our initial consultations are free of charge.
a. Ask the lawyer and/or law firm about their experience in handling nursing home negligence cases. Texas law has changed dramatically in this area, it is important to hire a lawyer with some experience. Visit our firm’s website to read about prior experience. Borchardt Law Firm
b. Ask the lawyer and/or law firm about their trial experience in handling nursing home negligence cases. You want to hire a lawyer who takes and has taken these types of cases to trial.
c. Ask the lawyer and/or law firm about their staff’s experience. At Borchardt Law Firm, we have a full time nurse on staff who can quickly read and review medical records to determine if a case has a merit.
2. Don’t be afraid to meet with more than one lawyer. Going through a nursing home negligence case is difficult, and you want to know that you have selected a lawyer who you feel comfortable with and can trust.
3. Remember, any lawyer who makes representations about the value of your case is probably not the lawyer you want to hire.
4. If you are a lawyer reading this blog and have a Texas nursing home case, please contact Borchardt Law Firm. Within the parameters of Texas law, we are happy to assist other lawyers with nursing home cases.

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About one out of every 400 Americans born is diagnosed with Cerebral palsy. If your child suffers from Cerebral palsy that developed during the early stages of life or during childbirth contact our law firm Borchardt Law Firm to discuss your legal options. Cerebral palsy is a complex affliction that involves damage to the part of the brain that controls posture and movement. While the precise cause of Cerebral palsy may be difficult to identify, many experts believe that medical negligence during the birthing process can cause or exacerbate the severity of the diagnosis. According to a Cerebral palsy source, Cerebral palsy is classified into four categories: Spastic, Athetoid (dyskinetic), Ataxic and Mixed.

•Spastic Cerebral palsy affects 70 to 80 percent of patients and is characterized by stiff or permanently contracted muscles.

• Athetoid Cerebral palsy affects 10 to 20 percent of patients and is characterized by uncontrolled, slow, writhing movements.

• Ataxic Cerebral pasly is a rare form that affects 5 to 10 percent of patients. This form of cerebral palsy affects the sense of depth and perception and results in poor coordination and difficulty with quick or precise movements.

• Mixed Cerebral palsy occurs when a patient has symptoms of two or more of these forms. Many combinations are possible, but the most common mixed form is a blend of the Spastic and Athetoid forms.

To learn more about Cerebral palsy, please watch the following video.

Though it can be uncommon, one of the most severe causes can happen due to a medical malpractice during childbirth. In 2002 an Illinois mother was given medication in order to induce her labor to her son. However, the medication caused severe stress on her baby causing his heart rate to drop dangerously low. The mother should have received an immediate C-section by her OBGYN but rather her primary care physician attempted to deliver the baby himself. Tragically, the delivery was unsuccessful and the OBGYN stepped in and performed a C-section. “The boy had already been seriously deprived of oxygen, causing him to suffer from the irreversible brain damage that resulted in his severe Cerebral Palsy.” (cerebralpalsysource.com) His condition is so grave he will never be able to walk, talk or feed himself. He will need constant medical care for the rest of his life. After taking this case to court, the mother was recently awarded a $5.5 million settlement which includes the cost of long-term care for her son. (Read the full article)

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Driving is a dangerous thing with out distractions. When drugs and alcohol are involved it becomes a life and death situation. Never hesitate to contact a personal injury lawyer if you think you have been in an accident where the other driver may have been impaired by drugs or alcohol. According to the Texas Department of Transportation (TXDOT) car accidents are not decreasing, especially accidents involving alcohol impairment. In 2009, just in Texas, there were a total of 12,508 car accidents involving DWIs, 867 of those accidents were fatal. When looking at the map of regions where most DWI accidents occur, we noticed the majority of them have happened in the Dallas/Fort Worth area. (View map)

What is Texas doing in order to prevent accidents due to the impairment of alcohol? Below is the list of current possible consequences for a driver’s first offense:

• Up to $2,000 in fines
• Jail time of 3 to 180 days
• Fee to retain driver’s license – $1,000 to $2,000 per year
• Possible probation for 1 year
• Suspended license for up to 1 year
In 2005 a 17-year-old El Paso man, Felix Padilla, was convicted of drunken vehicular homicide after rolling his car in Las Cruces, New Mexico. The accident injured one passenger and tragically killed another, both high school students. Padilla was sentenced to probation but according to court records his probation was never successfully completed. On July 22 Padilla was pulled over again in Las Cruces for speeding. After several failed sobriety tests Padilla was taken into custody. While searching his car, officers found cocaine, a bag of marijuana, two marijuana pipes and a marijuana grinder. According to the article, “New Mexico statute does not allow for juvenile adjudications to be used to enhance subsequent drunken driving convictions, nor do youthful offender statutes allow juveniles to be charged as adults, both laws that need to be toughened said District Attorney Amy Orlando.”

State records show that in between Padilla’s two arrests he had also been convicted of assault causing bodily injury to a family member, driving with a suspended license and driving 16 to 20 miles over the speed limit in 2008. On August 18 Felix Padilla was indicted on the current charges, felony cocaine possession, aggravated drunken driving, no driver’s license and possession of marijuana. Why did it take at least four arrests and six years for Padilla to serve time? Do courts need to reconsider offenses as a juvenile and pay closer attention before another accident occurs? (read the full article)

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