Congress May Destroy Your Rights with H.R. 1215

(June 28, 2017)  The U.S. Congress may destroy your rights with H.R. 1215. Duplicitously named “Protecting Access to Care Act of 2017,” this bill does everything BUT protect people. Please call your U.S. Representative this minute. Tell that person to vote NO on this unconstitutional bill. The House is discussing this bill right now and will vote on it tomorrow. Find your rep by clicking this link.

Tort Reform Ruse

Tort reform pushed by the U.S. Congress has always been a ruse. Even a publication as pro-corporation as Forbes has admitted as much. Tort reform has done nothing to lower medical malpractice insurance or the cost of healthcare, and nothing to make healthcare better or safer. The real game has always been to attack lawyers with Ad Populum fallacies in order to disguise the real target: the citizen and the citizen’s inalienable rights. H.R. 1215 is the same animal dressed up as a bill to “protect” a person’s access to healthcare.

Related: Fallacies of MedMal Tort Reform

Duplicity on Parade:  “Protecting Access to Care Act of 2017”

What the so-called “Protecting Access to Care Act of 2017″ does primarily is prevent peoples’ access to the courtroom.  It also severely limits payments for their injuries, even those caused by corporate negligence or outright criminality. It also virtually wipes out class action lawsuits – whether for credit card fraud committed by a major bank, rank discrimination, negligence or even outright corporate criminality.  It also makes it all but financially impossible for a plaintiff’s law firm to pursue pharmaceutical drug or medical device cases for their injured or dead clients. All of this is done under the guise of saving money, but this bill doesn’t do that, either. Limiting a victim’s ability to collect fair and just compensation not only makes survival more difficult for that person, it also undermines any real accountability of the negligent party.

H.R. 1215 Violates the Constitution
The Seventh Amendment of the U.S. Constitution guarantees your right to a civil trial by jury. Despite all its phony language about “protecting” people, H.R. 1215 is in direct violation of your Constitutional rights.

What is the Protecting Access to Care Act of 2017?
The summary of the bill, H.R. 1215, reads: “To improve patient access to health care services and provide improved medical care by reducing the excessive burden the liability system places on the health care delivery system.” In short, this is a bill designed to take away your rights to a jury trial, and to limit how much compensation an injury victim can collect.

Medical Errors 3rd Leading Cause of Death in the U.S.
Medical errors are the third leading cause of death in this country. So how are your rights being “protected” if Congress limits your compensation?  Is your child’s life worth just $250,000?  According to Paul Ryan and other sponsors of this bill, that’s all any life is worth. This bill will not only not “protect” you and your family. It will also destroy any incentive that the medical industry has to actually fix real problems.

Tort Reform Texas Style for the Entire Country

What has happened in Texas with its Draconian “tort reform” will open the door to it happening all over the country. H.R. 1215 will preempt your state’s laws that would formerly protect you from the kinds of things that have happened to Texas patients. Texas’ king-sized ‘tort reform has helped encourage the state’s growing population of criminal doctors like Dr. Christopher Duntsch (known locally as Dr. Death); sexual molester Dr. Donald Okechukwu Ozumbages; drug addict Dr. Peter Crandall; bank robber Dr. John Christian Gunn, so incompetent and surly with patients that only the great “tort reform” state of Texas would have him as a doctor;  fraud and thief Dr. Tariq Mahmood; home healthcare fraud Dr. Noble U. Ezukanma; child porn pediatrician specialist Dr. Dennis Patrick Meehan Hughes; or Texas’ own pedophile Dr. Charles Fischer.

What damage caps will H.R. 1215 put into place?
The new bill places no caps on economic damages, a small silver lining in a black cloud. It will, however, drastically limit the amount of non-economic damages you may be able to collect – and in a sneaky way, too. From the bill (excerpts in bold are ours):

“In any health care lawsuit, the amount of noneconomic damages, if available, shall not exceed $250,000, regardless of the number of parties against whom the action is brought or the number of separate claims or actions brought with respect to the same injury.”

“The jury shall not be informed about the maximum award for noneconomic damages. An award for noneconomic damages in excess of $250,000 shall be reduced either before the entry of judgment, or by amendment of the judgment after entry of judgment, and such reduction shall be made before accounting for any other reduction in damages required by law.”
“In any health care lawsuit, each party shall be liable for that party’s several share of any damages only and not for the share of any other person. Each party shall be liable only for the amount of damages allocated to such party in direct proportion to such party’s percentage of responsibility.”

More Problems with H.R. 1215

Damage caps have always been a problem, but we have deeply-rooted concerns about the rest of the bill. H.R. 1215 also stands to:

  • Eliminate the class-action lawsuit
  • Eliminate state laws by making all healthcare claims federal
  • Let insurance companies slow-pay claims, not pay all at once

Soft Targets of H.R. 1215

For soft targets, plaintiff attorneys – those who fight for victims – will have their fees limited, but defense attorneys – those who represent the negligent parties who caused harm – have no such limitations placed on their salaries. In other words, the surgeon who hacked off the wrong leg, or the intern who mislabeled a chart and killed somebody with a drug overdose, or the doctor who missed your cancer diagnosis – their attorneys can charge whatever they want.

Why H.R. 1215 is terrible for victims and their families
This Congressional bill aims to fix a “crisis” that even medical malpractice insurers say does not exist. The Doctors Company, one of the country’s largest medical malpractice insurance providers, says, “Doctors are paying less for malpractice insurance than they did in 2001 – without any inflation adjustment. (And) the rate of claims has dropped by half since 2003.”

Despite a mountain of evidence to the contrary, including years of studies, research, data collection and other hard evidence, this Congress continues to perpetuate the lie that limiting the civil justice system, in terms of which kinds of lawsuits you can bring and in how much money a victim can collect, will do anything at all to save money when it comes to health care.

Congress May Destroy Your Rights with H.R. 1215

All so-called “tort reform” has ever done is hurt more people more often. The Protecting Access to Care Act of 2017 essentially says that it doesn’t matter how severe, how catastrophic, your injuries are. Your life is worth $250,000, end of story. Is that what your life is worth? How about your child’s life? If it costs a plaintiff’s attorney $250,000 to put together a medical malpractice case (and it typically costs at least that much), and the highest possible payout is $250,000, do you think you will be able to find an attorney to represent you?

What is Your Life or Injury Worth?
Is your life is worth just $250,000?  If a surgeon accidentally nicks your wife’s artery during back surgery and kills her, is that worth only $250,000 for you and your surviving children?

If a doctor fails to recommend an emergency C-section because the umbilical cord is wrapped around your unborn baby’s neck, causing permanent brain damage that requires lifetime nursing care, is that worth just $250,000?

If a doctor prescribes the wrong medication to your spouse and it kills him, is that worth only $250,000?

Whether you have ever needed a medical malpractice or a personal injury attorney or not, you would be wise to contact your Representatives today and tell them to vote “No” on H.R. 1215. The only ones who will benefit from this bill are the ones who caused you harm.

Contact your Congressional Rep by clicking this link:

House Government Representatives

Lawyers Working for People

Matthews & Associates will continue to fight against this obscenity of a bill. We have always fought for the rights of individuals to seek redress against the corporation(s) that harmed them. Our law firm’s lawyers work for people, not corporations.

To learn more about our services, contact us any time. Phone us at 888-520-5202 or email us for a free legal consultation.

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Your Rights are Under Attack Now in Washington

(June 26, 2017)  Your rights and those of all Americans are under sneak attack this week in the nation’s cesspool: Washington D.C. Your representatives in Congress must be told, right now, that their first obligation is to your rights.  Their first obligation is not to insure the rising profits of corporations which have padded their election coffers, or to shadowy groups like ALEC. Please read on and take action today.

Citizens vs. Corporations

Make no mistake. There is a war going on in Washington D.C. right now. This war pits the rights of American citizens against the “rights” of corporations to pillage at will. If Bill H.R.1215 passes, citizens’ rights to access the courts will be enormously reduced, and the monetary power of corporations will increase yet further, to the further detriment of us all.

AAJ Statement on H.R.1215

Washington, DC – The following is a statement from American Association for Justice President Julie Braman Kane on the so-called  “Protecting Access to Care Act” [H.R. 1215], which would severely limit Americans’ and their families’ chances to hold health care and medical providers accountable if they injure and kill patients:

“This insulting proposal does nothing to help Americans access safe, affordable health care. Instead, H.R. 1215 would punish patients who are injured or killed by even the intentional acts of a health care provider.”

“H.R. 1215 would protect an astonishingly broad range of dangerous health care providers, including medical professionals who sexually assault patients, nursing homes that neglect and abuse their residents, and pharmaceutical manufacturers that market deadly drugs and devices. Americans injured by these services and products deserve access to justice, but this bill will force people to suffer without any avenue to hold those responsible accountable.”

“States should have the right to decide how to best protect their citizens through patient safety liability laws, but H.R. 1215 is a sweeping federal takeover of this important state function. It is shameful that members of this committee went to unprecedented lengths to reject Rep. Hank Johnson’s amendment to preserve states’ rights and prevent the unconstitutional federalization of our health care liability system.”

H.R.1215 BACKGROUND
H.R. 1215 would apply to a broad range of claims including those involving injuries caused by medical negligence, defective medical devices, dangerous drugs, and nursing home neglect and abuse.  The bill includes a federal cap on non-economic damages, imposes a federal statute of limitations for most claims, restricts attorneys’ fees, and grants blanket immunity to health care providers who prescribe a drug or device that was at any point approved by the FDA – even if that drug or device has since been proven to be dangerous.

The American Association for Justice works to preserve the constitutional right to trial by jury and to make sure people have a fair chance to receive justice through the legal system when they are injured by the negligence or misconduct of others—even when it means taking on the most powerful corporations. Visit http://www.justice.org.

Your Rights are Under Attack Now in Washington

H.R. 1215, the so-called “Protecting Access to Care Act” is going to the House floor this week.  This bill does nothing to protect your access to health care or to the courthouse. It also shields credit card companies for all the evil we know that they can do. Written by corporations, this bill does all it can to protect drug companies and doctors and credit card companies at the expense of all our rights.

Previous, similar bills have virtually wiped out medical malpractice protections for people in several states.

Debate Begins Tuesday, Vote is Wednesday, June 28

The only amendments allowed during floor debate will be those that make the bill even worse for patients. The debate on this bill will begin on Tuesday, June 27, with vote on final passage scheduled for Wednesday, June 28.

Vote NO on HR1215

Help us defeat H.R. 1215 by calling your representatives and telling them to vote a resounding “NO” on H.R. 1215.  Don’t be fooled by the rhetoric of the Congressional sellouts backing this bill. It is a thinly-veiled corporate giveaway at the expense of citizens, at your expense, period.

Take Justice Back!  Find and email or call your members of Congress – click this link:

www.takejusticeback.com/protectpatients.

The Civil Justice System worked for Dahlia Ramirez. If H.R.1215 passes, it will never work like this again.

Below, a short viral video tells the story of 7-year-old Dahlia Ramirez, who suffered horrific injuries caused by medical negligence. Thanks to the civil justice system, Dahlia now has the best possible chance at living a normal life.

Here are two links to watch and share Dahlia’s video:

Facebook: https://www.facebook.com/TakeJusticeBack/videos/1407606809330918/

Twitter: https://twitter.com/TakeJusticeBack/status/871841695037521921

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Acthar linked with Hospitalizations, Deaths

Acthar has been linked with hospitalizations and deaths at a rising rate. Adverse events from Acthar spiked in 2016. FDA data shows that hospitalizations tripled, while “other serious” Acthar side effects quadrupled. Those injuries and a hardball sales push for off-label use have triggered a whistleblower lawsuit against Acthar’s maker, Mallinckrodt Pharmaceuticals.

Acthat Whistleblower Lawsuit
A former Mallinckrodt sales rep has filed a whistleblower lawsuit against the company. The former employee says he was pushed to promote Acthar for off-label uses. Meanwhile, a neurologist who has studied Acthar says the spike in hospitalizations could indicate that it is being overused.

Acthar Blockbuster Drug
Acthar may be the primary reason that Mallinckrodt Pharmaceuticals has triggered a big run of short selling on Wall Street. Word on the street is that Acthar is oversold, and it doesn’t work in off-label uses for which the whistleblower says it was pushed by the company. Off-label Acthar use may be killing elderly people.

Acthar Off-label Use Under Fire
Stock traders who are profiting from Mallinckrodt’s stock decline have questioned Acthar’s efficacy. They also question Mallinckrodt’s dependence on deals with pharmaceutical middlemen for expanding Acthar use. They question why a drug primarily indicated as a treatment for infants has morphed into a massive expense for Medicare, a program for the elderly.

FDA: Acthar linked with Hospitalizations, Deaths
BusinessInsider.com reports that Acthar critics now have a new line of attack. U.S. FDA data shows adverse event reports for Acthar users have recently spiked. Acthar has triggered everything from hospitalizations to death. That increase has far outpaced prescription rates.

Andrew Left of Citron Research jumped on the data. Mr. Left released a report June 22, 2017 that said Citron “believes the reason for the increase in adverse events is the company’s expansion of Acthar into new indications where it has not conducted clinical trials in order to test its safety in new indications.”

Mr. Left is not the only short seller targeting Mallinckrodt. Company shares tumbled in early trading on June 22 before regaining their losses.

9,000 Acthar Users
Roughly 9,000 people now take Acthar, according to Mallinckrodt.

Acthar Deaths Rising
Eighty-two deaths were reported in 2016, 69 in 2015. Hospitalizations nearly doubled to 427. Other serious side effects quadrupled to 436.

Mallinckrodt Response
Mallinckrodt released a statement saying that side effects linked to Acthar were often relatively minor. The company said that correlation of Acthar side effects didn’t necessarily mean causation.

Acthar Problems – Uses Not FDA Approved
The data does show Mallinckrodt’s strategy of taking an old drug that never went through the rigors of FDA approval and trying to expand its use could be causing the company problems. Mallinckrodt has turned Acthar into a drug with over $1 billion in annual sales. It has done so by persuading doctors to prescribe it even to the sickest patients, even when there are much cheaper alternatives.

Acthar Overuse Triggering Side Effects
Dr. Dennis Bourdette, the chair of neurology at the Oregon Health & Science University, said the spike in adverse events could be a sign the drug is being overused in a way that is triggering side effects.

“Some doctors are using Acthar like an ongoing, monthly, or weekly therapy over long periods of time, and when you do that there are all sorts of side effects that can occur because of the steroid effects that can occur,” said Dr. Bourdette.

Acthar Acts Like Steroid
Acthar’s website shows the company claiming Acthar is not a steroid, even though its effects are similar. The site says Acthar “works by helping your body produce its own natural steroid hormones.” Dr. Bourdette says the explanation doesn’t matter, because Acthar still acts like a steroid. ” said Dr. ACTH is having all these effects on the immune system apart from releasing cortisol,” Bourdette, referring to the adrenocorticotropic hormone in Acthar.

“When your body produces too much cortisol you’re going to have chronic steroid side effects we’ve known about for decades, and every doctor is trained in those side effects.”

Acthar Designed for Infants, not Geriatrics
Acthar is supposed to be taken for about five to 15 days to treat infantile spasms and multiple sclerosis. At the same time, there’s no specification on dosage for the 17 other conditions that Mallinckrodt says can be treated with Acthar.

Acthar was grandfathered into FDA approval because it dates back to the 1950s before clinical testing was required. Consequently, some have questioned its efficacy.

Mallinckrodt Defense?
Mallinckrodt has said repeatedly that only the most desperate patients should take Acthar. Publically, the company suggests it’s not the primary treatment for many of the ailments it is used against. Thee company says Acthar is used only after other drugs don’t work. But is that what they tell their drug salesmen, and the doctors to whom they’ve marketed the drug off label?

Mallinckrodt’s web site admits the company doesn’t know “the exact way that Acthar works in the body” and says “further studies are being conducted.” It also says that some information on the website “is based on laboratory data, and how it relates to patient benefit is unknown.”

Acthar Whistleblower Lawsuit
Why would doctors prescribe too much Acthar for the wrong ailments? We may find out from a whistleblower lawsuit. In December 2016, a former Acthar sales rep, Barry Franks, filed a whistle-blower lawsuit against Mallinckrodt.

Mr. Franks’ lawsuit accuses the company of pushing him to promote Acthar’s use for off-label indications. He said his bonus depended on off-label promotions. He says that he was fired because he wouldn’t do things Mallinckrodt’s way.

The complaints states that Mr. Franks, “alleges that there were illegal sales practices being committed in other regions, and that Mallinckrodt used these regions as the gold standard or basis Incentive Bonus Plans for which all regions were compared and asked to duplicate. Franks was expected to deliver sales that were not supported by lawful practices.

“Franks was also aware of other compliance related issues at Mallinckrodt, which Franks … alleges that these issues include but were not limited to: potential insurance/Medicare fraud … HIPPA violations where four or eight week prescriptions were provided where there was no patient visit and violations where Mallinckrodt permitted, for a certain period of time, certain employees to manipulate the compensation plan by having physicians wrote shorter prescriptions that were refilled, to earn a bonus on the patient at the shortest prescription interval.

“(Shorter prescriptions did not allow sufficient time to see if a patient responded to the drug. In some cases the drug was shipped the same day as the referral was received. This was done to ‘game the system’ and potentially commit insurance/Medicare fraud.)”

Acthar linked with Hospitalizations, Deaths

Mallinckrodt did not respond to a journalist’s request for comment on Franks’ claims.

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Scientists: Ban Monsanto’s Roundup

In June 2016, a group of independent scientists urged the EPA to ban Monsanto’s Roundup. The scientists, met the EPA at the O’Neill House Office Building in Washington D.C. They testified that Roundup poses an unreasonable risk to humans, animals, and the environment. The closed-door meeting was with EPA scientists and host Ted Lieu, (CA-33).

Glyphosate linked with Autism, Alzheimer’s, Cancer, etc.
The scientists explained the physiological reasons why exposure to glyphosate, Roundup’s listed “active” ingredient, is linked to autism, Alzheimer’s, cancer, birth defects, obesity, gluten intolerance, and other health issues.

Profitable Poison
300 million pounds of RoundUp are sprayed each year on corn, soy, sugar beets, canola, and weeds just in the U.S. alone.  Half of Monsanto’s annual sales come from glyphosate-containing products, some $5 billion per year.

Concerned Scientists
Dr. Stephen Frantz led the team. The Pathobiologist Research Scientist told EPA: “When a cell is trying to form proteins, it may grab glyphosate instead of glycine to form a damaged, mis-folded protein. After that it’s medical chaos. Where glyphosate replaces glycine, the cell can no longer conduct business as usual, causing “unpredicted consequences” that result in “many diseases and disorders.”

Roundup also harms crops’ abilities to capture carbon from the air, an important factor in fighting climate change. Roundup also strips plants of nutrition we all need to keep our immune systems strong, and to perform every other task a body needs to survive.

Scientists: “We call for a ban on glyphosate”
“Glyphosate negatively affects the soil microbiome,” explained Dr. Frantz. “It is destroying the ability of soil to be a nutritive medium for producing crops. Organic or biological regenerative agriculture is the solution for the sustainable agricultural sector and will conserve soil, air and water quality, and sequester carbon that helps to mitigate the climate crisis. We call for a ban on glyphosate.”

Glyphosate driving Antibiotic Resistance, Superbugs

Dr. Frantz further explained that glyphosate is a patented antimicrobial. He said that eating glyphosate-laden foods exposes us to a chronic, low dose antibiotic. “This is likely causing antibiotic resistance and superbugs,” he said.

Child Casualties of Processed Foods
Moms Across America founder Zen Honeycutt also attended the meeting. Her son had been a casualty of processed foods. He was diagnosed with autism until his mother switched him to an all-organic diet.

Ms. Honeycutt said, “Mothers and caretakers are seeing their loved ones get sick on GMOs and glyphosate/herbicide sprayed foods and get better when they avoid them. Because glyphosate is contaminating our urine, water, breast milk and nearly all our foods, we are systematically causing sickness throughout America. For the sake of our country, this must stop. We simply cannot afford glyphosate.”

Statistics back Ms. Honeycutt. Some 93% or Americans are estimated to be poisoned with glyphosate in some capacity. Glyphosate has been found in nearly every person who has ever been tested for it.

Scientists: Ban Monsanto’s Roundup
A DNA Research Scientist, Sterling Hill, added, “Glyphosate is impacting DNA and causing disease. These diseases are skyrocketing and we will only see more of this if we do not put a stop to the use of glyphosate.”

Destroying Human Health for Decades

An MIT research scientist, Dr. Stephanie Seneff, has said, “It is going to be incomprehensible to future generations how our generation could have let glyphosate poison the earth’s ecosystems and destroy global human health for over four decades.

EPA Foot Dragging on Glyphosate Poison
The Deputy Director of EPA’s Pesticide Programs said the calendar will likely be deep into 2017 before the agency makes a final decision about whether EPA will re-register the chemical for continued use. On its web site, EPA says it invites comments on the pesticide. Click this link to  comment to the EPA.

Glyphosate is Outright Poisoning, Period
Dr. Frantz wants EPA to take action now. He sees the use of glyphosate simply as what it so obviously is: outright poisoning of our food and soil:

“By the end of 2016, the EPA will have something done and then comment periods, and then there’s another step, and there’s more comment periods, and this is like business as usual. The evidence we presented about this chemical being a glycine analog, that really should excite people. And I didn’t see any excitement. It should upset people.”

Pray for Guidance

We all need to pray for Dr Frantz to have his voice heard by the EPA. We need to pray for people who work in this agency which is so tragically compromised by Monsanto. EPA and Monsanto have been shown to be in collusion to protect Monsanto profits and hide the truth from the poisoned public. If more of us don’t start fighting back soon, our health may be so depleted that we may not have the energy. Perhaps that is the real plan all along. It certainly drive profits for Big Pharma and the medical mafia that run all of Western medicine with an iron fist.

If you don’t think that is the case you must see the movie Vaxxed and the amazing series, The Truth About Cancer.

RELATED
•  Monsanto Lawsuit
•  Roundup Cancer Lawsuit
•  Monsanto, EPA Collusion
•  Monanto sued for False Advertising
•  Monsanto loses $47 Million Judgment by Jury

•  Scientists: Ban Monsanto’s Roundup

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Five Things All Railroad Workers Should Know

FELA has grown and changed over the years, but one thing has not changed. FELA still provides strong support for injured railroad workers who know their rights and how to protect them. Here are five things all railroad workers should know to protect their rights in the event of an injury:

1. FELA differs from Workers’ Compensation

The Federal Employers’ Liability Act (FELA) helps ensure railroad workers’ rights. The U.S. Congress passed FELA in 1908 for railroad workers and their families. FELA is designed to help protect every type of railroad worker, whether an engineer, brakeman, switch man, dispatcher, or any other railroad employee. FELA law differs from state workers’ compensation laws and state-based negligence laws. One must show negligence to win a case under FELA. Workers’ compensation cases, by contrast, are no-fault.

2. The Railroad is not on the worker’s side

Railroads will aggressively defend themselves against any injury claim. Railroad companies typically employ several hardball tactics to quickly minimize an injured worker’s claim. Company representatives and insurance adjusters often begin preparing their defense against any potential injury claim while an injured worker is still in the emergency room. That is why it’s crucial to understand one’s rights as a railroad employee after a railroad-related injury.

3. A railroad worker is not required to hire a union-designated lawyer.

Anyone injured while working for a railroad has likely heard of “union-designated” lawyers. An injured railroad worker may think it mandatory to hire a union lawyer for legal representation, but this is not the case. There is no “requirement” that an injured railroad worker must hire a union lawyer.

“Union-designated” means only that the lawyer or law firm was selected by the representatives of the union to represent members in cases involving railroads. “Union designated” does not certify a lawyer’s competence, reputation, or success record. It says only that the lawyer has succeeded in getting connected to those who run the union.

Related: Learn how our Railroad Attorneys can help. Give us a call at 888-520-5202. Click here for a free legal consultation.

4. An injured worker can choose a personal doctor

A man (or woman) has the right to choose his own doctor for treatment of railroad injuries, even though one may still have to see a doctor chosen by the railroad. However, one needs to be very careful visiting a railroad’s chosen doctor. Though that railroad doctor may have experience with railroad injury claims, that person may not have the injured worker’s best interests at heart.

Beware the Doctor Who Works for the Railroad

That doctor works for the railroad, not for you. It may be the doctor’s sole job to evaluate employees who have been hurt while working for the railroad. Railroad doctors may not even have a practice outside of company medical exams. They are generally chosen for the job because the railroad trusts them to document findings favorable for the railroad.
The purpose of the exam by the railroad’s doctor is to find evidence that could destroy a worker’s injury claim. The one or two company exams an injured worker may be required to attend are the railroad company’s only chance to build medical evidence against the worker’s claim. It is typical to find that results of the railroad doctor’s exam twist the truth to make it appear that the worker exaggerates personal injuries.

Any railroad worker who must visit a company doctor would be wise to speak with an attorney about how to prepare for an exam to protect his personal rights. Though one should always be honest about any injuries, it is easy to make a tiny mistake or fall into a trap which could make it easier for the railroad to avoid responsibility.

5. Protecting Medical Records is Crucial following a railroad injury

One may not think much about medical privacy when seeing a family doctor for a checkup, but it becomes a major concern if one has been injured at work. In a railroad injury case, it’s important for two reasons:

* The company may try to defend itself against accusations that it was responsible for what happened and for how the worker was injured.
* The insurance company may try to minimize its liability for a personal injury on the job.

Five Things All Railroad Workers Should Know

The railroad and insurance companies’ ability to defend themselves against a railroad worker’s claim often turns on how much information they have on the injured worker’s personal and medical history. A person can control others’ access to personal medical records with a medical release-of-information form. One is wise to limit access to this information as much as possible.

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Doctor Who Denounced Morcellator Dies

A medical doctor who denounced morcellators has died, likely because of a morcellator that was used on her.  Dr. Amy Reed, a mother of six children, died from cancer May 23, 2017, after fibroid removal surgery spread cancer cells throughout her body. Surgeons had used a morcellator on her to remove precancerous uterine fibroids. Dr. Reed died at her Yardley, Pa., home. She was 44.  Dr. Reed is survived by her husband and six children.

Morcellator Lawsuit
The doctor and her physician husband filed a morcellator lawsuit against Johnson & Johnson, makers of the morcellator that was used on her. Dr. Reed and her husband denounced the morcellator device which hastened the spread of her cancer. She and her husband, Dr. Hooman Noorchashm, a cardiothoracic surgeon, had held teaching posts at Brigham and Women’s Hospital in Boston, which is affiliated with Harvard Medical School. There, both Dr. Reed and Dr. Noorchashm had teaching positions. A post operation biopsy found Dr. Reed had a hidden leiomyosarcoma. Dr. Noorchashm later called the morcellator a threat to national security. As a surgeon himself, Dr. Noorchashm was incensed at the notion of shredding potentially cancerous tissue inside a body cavity. He had been trained to cut around tumors, not through them, precisely because slicing into them could spread cancer cells.

Leiomyosarcoma Death
Dr. Reed’s cause of death was listed as a type of cancer called leiomyosarcoma. This uterine cancer was greatly accelerated by a botched operation in 2013, when the doctor first went under the knife for the removal of precancerous fibroids. Dr. Reed was told that it was safe to surgically remove the fibroids with the high-powered tool called a morcellator.

Morcellator Device
The morcellator device works by slicing up tissue and vacuuming up cancerous cells piece by piece. The morcellator was approved by the U.S. FDA in 1995. The device has a spinning blade that slices up tissue so that it can be extracted through small incisions. Many surgeons regard it as a great boon to minimally invasive surgery, but if a patient has cancer, as Dr. Reed did, morcellation can worsen and spread the disease. The problem is that fibroids can’t be reliably distinguished from leiomyosarcoma.

The morcellator operation exacerbated Dr. Reed’s condition. The tool had spread harmful cancer cells inside her body. In just minutes, the slicing and dicing elevated her disease status from stage I to stage IV cancer. Days after her initial operation, biopsy reports revealed Dr. Reed had hidden leiomyosarcoma, a rare and aggressive cancerous soft tissue tumor.

Doctor Who Denounced Morcellator Dies
Dr. Reed then embarked on an extensive treatment plan that included chemotherapy radiation, immunotherapy, and experimental treatments. She also underwent several major operations. Meanwhile, the cancer kept spreading, to her lungs, spine, abdomen. Following the first surgery, both Dr. Reed and Dr. Noorchashm pushed for FDA to ban power morcellators. They sent thousands of emails to the FDA and several sectors across the country. They also emailed device makers, hospitals, legislators, professional societies, individual doctors, and news outlets.

One in 350 Women Affected
The devastated pair attained a major victory in 2014, a year after Dr. Reed’s surgery. They got the FDA to examine published and unpublished data on morcellation. Earlier estimates showed that between one in 10,000 to in one in 500 women with fibroids could have undiagnosed leiomyosarcomas or other uterine sarcomas. In April 2014, the FDA reevaluated. The agency concluded that hidden sarcomas were more common, affecting one in 350 fibroid cases. Soon afterwards, Johnson & Johnson pulled its morcellators from the market.

In November of 2014, the doctor pair gained another victory, as FDA released recommendations against using morcellators in a majority of women with uterine fibroids. The agency said that using the power morcellator on fibroid patients with hidden sarcoma could spread the cancer and reduce the patients’ mortality. The FDA also stressed that the statement should be treated as a “safety communication.” It did not issue any new regulation for morcellators.

Sadly, any victories the couple gained for morcellator safety came too late to help Dr. Reed.  But heroically, she successfully turned a personal tragedy into a crusade to save other women from the procedure that had so harmed her.

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Humans not engineered to withstand Glyphosate

Dead or leukemia-strickened farmers have thrown a wrench into Monsanto’s dream to monopolize the world’s food supply. Monsanto has, unfortunately for the chemical giant, not yet learned how to genetically engineer humans to withstand  Roundup and glyphosate. Until robots can be made to drive tractors, milk cows, shovel manure, throw hay, poison fields with glyphosate, write checks to Monsanto, etc., the human farmer will remain a weak link in Monsanto’s otherwise perfect corporate process. Humans not engineered to withstand Glyphosate are threatening Monsanto’s bottom line.

Glyphosate Poisoning for All
Since it is now well known that most Americans have some cancer-causing glyphosate in their bodies, this is a subject that few, if any, can escape. Carcinogenic Glyphosate has been found in many popular foods and in all California wines. It has even been found in all vaccines.  Yes, it is now being injected directly into people’s bloodstream.  Even those not personally sickened, suffering from non-Hodgkins Lymphoma, Leukemia, stomach rot, obesity, diabetes or liver disease from glyphosate, can be deeply affected. Health insurance and medical costs rise for all when so much of the population is unhealthy from eating nutrition-stripped, glyphosated food. We all live and die by nutrients. In addition to its killing properties, glyphosate is a chelator which strips foods of their vital nutrients.

Dead Farmer Failed to Tolerate Glyphosate

California farmer Anthony “Jack” McCall was a healthy man who didn’t even use Roundup on his crops. He just used it on his property to kill weeds, right up until he was diagnosed with non-Hodgkin’s lymphoma. He died three months later, on the day after Christmas in 2015. His family thinks Roundup also killed him. The tragic irony, if it’s true that Roundup did kill Mr. McCall, is that he was so pleased with the product that he recommended it to friends and fellow farmers. Like many other farmers who have suffered non-Hodgkins lymphoma and other leukemia cancers, Mr. McCall did not realize that he needed to be genetically engineered to withstand glyphosate.

People Are Plants

Mr. McCall did not realize that the human body shares a vital number of important traits with plants. Recent science has shown that people are a whole lot more like plants than previous “wisdom” revealed.  In fact, we now now that People Are Plants. But Monsanto still does not know it, apparently. Monsanto apparently does not recognize its own lies on its own Roundup label.  More likely Monsanto scientists do know it, and either don’t care to reveal it, or know that doing so would put them out of a job. The company has recently been shown to manipulate or collude with the EPA and doctor its own studies on glyphosate safety.

Farmer vs. Monsanto
McCall vs. Monsanto is one of hundreds of Roundup lawsuits filed so far against the chemical giant from Missouri. The lawsuits have been filed by plaintiffs in California, Florida, Missouri, Delaware, Hawaii, and in other states. All the suits accuse Monsanto of hiding evidence and manipulating regulators (like the EPA) and the public into believing glyphosate is safe.

Monsanto Defends Glyphosate to the Death
Monsanto’s glyphosate brings the company some $5 billion yearly, about a third of Monsanto’s total sales. Consequently, Monsanto would appear to have little choice but to defend its most popular poison to the death. It owes it to its stockholders to continue the Big Lie. The company’s very existence could depend on success in defeating these lawsuits.

Glyphosate – Monsanto Cornerstone
Glyphosate poison is the cornerstone of Monsanto’s entire business gambit. Roundup (with glyphosate as its main active ingredient listed) is designed to kill everything which has not been engineered to withstand it. Roundup works great at killing. It kills everything with which it comes into contact. That includes monarch butterflies and bees, which Monsanto has yet to genetically engineer (so far as we know), and we can now add humans to the list. The experiment has now gone on for more than 20 years, and the results are in.

Humans not engineered to Withstand Glyphosate

Since people are also not genetically engineered (at least not by Monsanto), it hardly seems a stretch to suggest that they also could be sickened or killed by Roundup.

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Shingles Vaccine Risk Benefit Analysis

Are the advertised benefits of the shingles vaccine worth the risks? Merck’s own paid-for studies show those who receive the shingles vaccine may have, at best, a 50-50 chance of avoiding shingles. Therefore, whether the vaccine can help someone is a coin flip at best. (Please keep in mind that nobody is arguing that shingles is not a potential problem. Everyone agrees on that point.) Meanwhile, Merck’s Zostavax vaccine has caused thousands of people serious “side effects.”

Shingles Vaccine Side Effects
Problems from the shingles vaccine include shingles itself, with its debilitating nerve pain (postherpetic neuralgia) and eye damage that can involve potential blindness. Many shingles vaccine lawsuits have been filed for people who were vaccinated and then developed shingles a short time afterwards. Thousands of adverse events have been reported from people who have risked taking the vaccine.

Does Zostavax prevent shingles?
Not only does Merck’s shingles vaccine provide scant protection (if any) against one’s having a shingles outbreak, it may cause problems as bad or worse than shingles itself. More than 31,000 adverse effects from Zostavax have been reported to VAERS, the Vaccine Adverse Event Reporting System. It is a well accepted fact that just one to ten percent (1-10%) of adverse reactions are reported for bad drug reactions. Consequently, it is not a stretch to estimate that more than 310,000 people have likely suffered adverse events from the shingles vaccine.

300,000 Adverse Reactions to Shingles Vaccine
Anyone considering Zostavax should take some time to read a few of these horrific reactions to the shingles vaccine.

Costly Chances, Serious Adverse Events
Seniors are the primary target for the shingles vaccine. Those on Medicare expect Medicare Part D will pay for it. But if the deductible has not been met, Zostavax’ full cost plus the fee for it can range from $190 to more than$350. The patient may need to pay it all.

A review article on herpes zoster, published in the New England Journal of Medicine (NEJM) generated a comment by Roy Fried, MD. MHS regarding the number of serious adverse events (AE) after the shingles vaccine:

For persons over 60, there is a 36% increase incidence of serious adverse events (AEs) within the first 42 days when data from and FDA safety study was combined with data from the Shingles Prevention Study.

For persons over 80, Zostavax’ ability to prevent shingles or postherpetic neuralgia (PHN) was no better than placebo AND these seniors had nearly double the rate of serious AEs in the first 42 days after their vaccination.

Vaccination fails to Lessen Pain of Outbreak
Big Pharma’s highly lucrative vaccine industry always assisted by the CDC frequently promotes the idea that even if a vaccine fails to keep one from getting sick, one will have a “less severe case.” A most dubious claim with every vaccination, it is a patently false claim with Zostavax. The FDA reported that shingles-vaccinated people who still developed shingles suffered severity of pain at the same level as that experienced by unvaccinated people who contracted shingles. In addition, the vaccinated group reported experiencing pain for just two days less than the pain reported by the unvaccinated (20 days vs. 22 days).

Shingles Shot Ingredients
The shingles shot was recently found contaminated with carcinogenic glyphosate, though that is not declared on the label. This makes one wonder what else is not declared in the ingredients. What is contained is alarming enough, including porcine gelatin, MSG, and aborted fetal cells.

The Shingles shot contains:

Viral Particles: At least 19,400 PFU (plaque forming units) – 14 times more viral particles than in the chickenpox vaccine.

Animal cells:
•  Pig: porcine gelatin – 15.58mg – known to cause anaphylaxis and food allergies
•  Cow: bovine serum – known to cause anaphylaxis and food allergies
•  Aborted Human cells: MRC-5 cells
•  Antibiotic: Neomycin
•  Chemical: sodium chloride (table salt) – 4.0 mg
•  Chemical: MSG, 0.62mg
•  Chemical: sodium phosphate dibasic, 0.57mg
•  Chemical: potassium phosphate monobasic, 0.10mg
•  Chemical: potassium chloride, 0.10 mg
•  Chemical: sucrose, 31.16 mg

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Is Monsanto Killing Oceans, Too?

Not satisfied with simply poisoning Mother Earth and its inhabitants with cancer-causing glyphosate, Monsanto may also be killing off ocean life. Monsanto’s Roundup (glyphosate) appears to be implicated in some very recent research into mass ocean die-off. Monsanto now appears to be killing off ocean life as efficiently as it kills off plant life. It sounds crazy, but this is happening right under our noses as the company continually moves to monopolize seeds and control all food life as we know it. If you think this is hyperbole, you don’t know Monsanto and you haven’t seen the latest scientific research.

Scientists who have studied the undersea horrors unleashed by Monsanto’s poisoning of the worlds’ oceans have determined that Roundup runoff into the oceans is killing them.

Related: Monsanto isn’t Feeding the World. It’s Killing our Children

Roundup Pollution Kills Great Barrier Reef
Dr. Kathi Forti has seen firsthand how Roundup pollution is killing Australia’s Great Barrier Reef. While snorkeling off Port Douglas in 2013, she found few coral areas that weren’t completely dead. Most were entirely bleached of life. Her boat captain blamed pollution. Neither of them knew then what they know now, that glyphosate runoff into the oceans was the “pollution” that was killing ocean life.

Look at these pictures of the Great Barrier Reef, before and after glyphosate poisoning.

Global Warming caused by Monsanto?
Dr. Forti says that today we have a much clearer picture of what is killing the oceans and also warming Mother Earth. We have been programmed to believe that fossil fuels, CO2 emissions, are the main culprit in global warming, she says. We may need to reconsider that hypothesis. Dr. Forti writes: “According to research by the Marine Pollution Bulletin and others, we can add glyphosate, Monsanto’s Roundup Ready herbicide, to the top of the list.”

Killing Plankton Kills Oceans
All ocean life depends on phytoplankton for its sole food source. That life includes whales, reefs, sponges, coral, and everything else in the great waters. Some fishes have their phytoplankton needs met by eating other fish. Those other fish feed off the plankton. Phytoplankton is as at the very top of the ocean food chain. ALL life is connected to it, dependent upon it. If all the phytoplankton dies, then so does everything else. The Pacific Ocean, for one, is suffering huge fish die offs: whales, dolphins, seals, and many thousands of fish are now washing up dead almost daily somewhere in the world, at ever increasing rates. One man who recently sailed thousands of miles across it was unable to catch a single fish to eat. Everything was dead.

Phytoplankton, a photosynthetic plant, is essentially ocean algae. Its biological processes parallel those of land-based plants. Dr. Forti points out that, “Ocean and coral reef death can be traced to phytoplankton die-off, which has accelerated by 40 percent since the 1950’s. It wasn’t long before some researchers started asking: What new substance was introduced in the last 40 years that kills virtually all land-based plants? The answer: Glyphosate.”

Glyphosate kills EVERYTHING
Coral reefs are primarily plant life. Glyphosate is made to kill plants. It is designed to kill all life, except that which has been genetically altered to withstand it. Run-off from agricultural spraying of glyphosate runs into our rivers, which run into the ocean, in less than 40 days. Dr. Forti says glyphosate maintains about 80% of its killing capacity, more than enough to kill phytoplankton.

Glyphosate kills Phytoplankton
According to research by the Marine Pollution Bulletin and others, the most notable phytoplankton declines are seen in waters near both poles, in the tropics, and in the open ocean. In short, everywhere. Conventional science says phytoplankton die-off is due to warmer waters from climate change. So why is the die-off also happening in the colder waters of the Arctic poles? The answer is that temperature is not the decisive factor. This kills the global warming explanation for phytoplankton die-off.

Ocean Acidification
Phytoplankton die-off triggers ocean acidification. Recent studies show ocean acidification may have a climate effect of its own. (Everything is always connected.) While climate change and ocean acidification are parallel phenomena, they also interact. Rising temperatures and changing seawater chemistry are known to impact marine life. Some of those impacts can, in turn, cause rising air and sea temperatures. It’s all one system. Affecting one thing change everything else.

Massive Fish Die-Offs
As phytoplankton is dying, so is the Earth’s once-rich marine life. Pacific salmon are disappearing at a staggering rate. Scientists believe they are starving to death. Plankton pastures that once flourished have morphed into lifeless deserts. This will continue to contribute to our already tragic increases in large-scale whale beachings and fish deaths.

Glyphosate – the Gift that Keeps on Killing
Dr. Forti explains that glyphosate’s half-life – the rate at which it breaks down – lasts much longer in the ocean than in fresh water. Glyphosate is a salt, and in the presence of ocean salts it acts as a preservative. Worse still, it gathers strength over time. This leads to massive plankton and aquatic die-off. Sadly, criminally, this news is not being reported in the mainstream “news.”

Is Monsanto Killing Oceans, Too?
The real fake news the mainstream “news” outlets carp about is delivered by them every day. The continued, wretched failure of mainstream news outlets to report important stories such as this one is as fake as fake news can get. The mainstream newsfakers fail to report on mass ocean die-offs and the probable causes of those die-offs. Instead we get 24-hour reports on the latest sports event or “movie star” scandal. Those distractions are the real fake news, while Monsanto continues to poison the world with criminal backing from the U.S. Government.

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Glyphosate Doubles Risk of Lymphoma

Scientists at the International Agency for Research on Cancer found in May 2014 what appeared to be a strong link between pesticide exposure and non-Hodgkin lymphoma, a blood cancer.  Their review of dozens of studies found glyphosate doubles the risk of lymphoma.

The 2014 study analyzed 44 individual research projects published since 1980. The scientists wrote their findings in the International Journal of Environmental Research and Public Health. They found that people exposed to the weed killer glyphosate, marketed by Monsanto under the brand name “Roundup,” doubled their risk of developing non-Hodgkin’s lymphoma. Most significantly, they based their ruling on public and peer-reviewed studies only. All the studies which have found glyphosate safe have been done by Monsanto or paid for by the company or its proxies. Or they can be traced to some person or university which has received some sort of generous financial “contribution” from Monsanto.

In 2015, the World Health Organization declared glyphosate to be a probable carcinogen. That declaration triggered an avalanche of Monsanto Roundup Cancer Lawsuits.

Twin Killers Dow & Monsanto
People exposed to 2,4-D, another potent weed killer made and marketed by Dow Chemical, were 40 percent more likely to develop non-Hodgkin’s Lymphoma.

The authors were scientists who work in the IARC Section of Environment and Radiation in Lyon, France. They theorized that these pesticides cause genetic mutations in white blood cells and weaken the immune system and the ability to fight off disease. Earlier research has shown that farmers with exposure to 2,4-D have “experienced impaired” immune systems.

Extreme Levels of Glyphosate on Soybeans
Earlier in 2014, EWG reported that research by scientists at the Arctic University of Norway had detected “extreme levels” of glyphosate on genetically engineered soybeans.

The Glyphosate Death Cycle
Monsanto and other crop scientists have been performing experiments on food and people for years. With virtually no regulatory oversight whatsoever, they have genetically engineered soy, corn and other crops to survive the assaults of glyphosate. The theory (or dream) was that farmers could use glyphosate to kill weeds near crops without harming crops or animals or people. The problem has always been that the exactly same enzyme found in the weeds Monsanto targets with glyphosate is also found in animals and in us. Besides poisoning the population and the soil, this method has also spawned superweeds grown resistant to glyphosate and grown hardier. That, in turn, has only exacerbated the death cycle, as many farmers who bought into the Monsanto theory have resorted to spraying more of the pesticide in an overkill effort to kill the superweeds.

Questions for the Day

Should it be a surprise that more and more pesticide spraying does not make healthy food? Should anyone be surprised?  Can poisoned foods ever be healthier than non-poisoned (organic) foods?

Monsanto Doubles Pesticide Poisoning
The promise of genetic engineering has not only proven to be empty, but also incredibly harmful. The promise, the theory, was also that GMO crops would require less pesticide than other types of commercial farming. (Organic farming uses no pesticides.) The U.S. Department of Agriculture recently reported that herbicide use has doubled since Roundup was unleashed across our land. Herbicide (classified by EPA as a pesticide, so it’s the same thing) doubled from 62 million pounds in 1996 to 128 million pounds in 2012.

Monsanto Market Share
Glyphosate from Monsanto now holds more than 83 percent of the chemical pesticides used in the U.S. yearly, so Monsanto has done a fine job of nearly monopolizing the market as it poisons us all.

Glyphosate Doubles Risk of Lymphoma

The IARC study was published April 23, 2014, just as the U.S. DPA was considering approving Genetically Engineered (GE) seeds of corn and soybeans engineered to withstand 2,4-D, a suspected carcinogen. If the EPA approves the new GE seeds and if 2,4-D is used to kill weeds on some of the 170 million acres of corn and soybeans grown in the U.S. annually, the USDA estimates that 2,4-D use is likely to triple, dramatically increasing people’s exposure to a pesticide that has been shown to be a probable carcinogen.

Herbicides are Pesticides
All herbicides are pesticides as defined by the Federal Insecticide Fungicide and Rodenticide Act, aka FIFRA. Later amendments from the U.S. Department of Agriculture expanded the law to cover toxic chemicals now considered consumer products. The most dangerous pesticides (and herbicides) are restricted. They can only be purchased and applied by licensed Pest Control Operators, PCOs. Unfortunately, some PCOs do not follow the required rules when applying these especially toxic chemicals. Consequently it shows up as residues on or in food, and massive amounts of glyphosate have been dumped into our water supply through uncontrolled groundwater runoff.

RELATED
•  Monsanto Lawsuit

•  Roundup non-Hodgkin’s Lymphoma Lawsuit

•  Roundup Cancer Lawsuit

•  Monsanto sued for False Advertising

•  Monsanto loses $47 Million Verdict

•  Monsanto EPA Collusion?

•  Glyphosate Doubles Risk of Lymphoma

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