Latest Takata Recall: 2.7 million more air bag inflators

Ford, Nissan, Takata admits Airbags Defectiveand Mazda auto owners will want to heed the latest Takata air bag recall. On July 10, 2017, the U.S. National Highway Traffic Safety Administration (NHTSA) said new testing is prompting Takata Corp. to declare more air bag inflators defective in Ford Motor Co., Nissan Motor Co., and Mazda Motor Corp. vehicles.  The latest Takata recall will involve 2.7 million more air bag inflators

Takata Air Bags Linked to 17 Deaths
Takata air bag inflators have been linked to 17 deaths and more than 180 injuries. The recalls will eventually involve roughly 125 million inflators. The NHTSA said new testing is prompting the recall of some driver-side air bags made from 2012–2015.

Nissan Versa Recall
Nissan said that “out of an abundance of caution,” it will recall 627,000 Versa cars from 2007-2012, including 515,000 in the U.S.. Nissan will notify Versa owners within 60 days.

Ford Recall
Ford spokesman John Cangany said the issue covers roughly 2.2 million Ford vehicles. Ford has five days to respond to the Takata filing. Mr. Cangany said Ford is “aware of Takata’s submission, and we have been in regular contact with the agency on the issue. Importantly, we aren’t aware of any incidents, and test data doesn’t suggest any issues.”

Mada Recall
Mazda said the new recall impacts just 6,000 B-series trucks.

Largest-Ever Auto Safety Recall

More than 65 percent of 46.2 million previously recalled Takata air bag inflators in the U.S. have not yet been fixed. The issue, which involves 17 automakers, is the largest ever auto safety recall. It pushed Takata into filing for bankruptcy protection in June 2017.

High Humidity Raises Rupture Risk
NHTSA has said that Takata inflator ruptures occur after long-term exposure to high humidity.

Earlier Takata recalls have involved air bag inflators without a drying agent. The latest 2.7 million air bag inflators being recalled involve a drying agent, but Takata said testing showed ruptures could still happen.

Air Bag Death #11 in U.S.
Honda Motor C. reported on July 10 that it had confirmed an 11th U.S. death related to one of its vehicles outfitted with a faulty Takata air bag inflator.

By 2019, Takata expects to have recalled 125 million vehicles worldwide, more than 60 million of them in the U.S., according to a June statement from Scott Caudill, chief operating officer of TK Holdings, Takata’s U.S. unit.

Latest Takata Recall: 2.7 million more air bag inflators

Anyone who even suspects their vehicle is outfitted with a Takata air bag would be wise to check the full list of every Takata air bag recall, to see if their vehicle is listed.

RELATED

Share

Glyphosate Poison’s History

Monsanto’s glyphosate is poison. That’s the first thing to understand about it. It is toxic. It kills. Glyphosate is a pesticide. Monsanto likes to call it an herbicide, a euphemism for a weed killer, and a euphemism for a pesticide. All weed killer herbicides are also classified as pesticides. Roundup, with glyphosate, is a pesticide. There’s a good reason Monsanto is being dragged to court in Roundup Cancer Lawsuits.

EPA: Herbicide is Pesticide

The US Environmental Protection Agency (EPA)’s definition of a pesticide includes the designation that an herbicide (or weed killer) IS a pesticide. The EPA is the federal agency that regulates (or pretends to regulate) and registers all pesticide products in the U.S. All (US) applicators apply pesticides under regulation of the EPA and their state, territorial, or tribal pesticide regulatory authorities.

EPA defines a pesticide as “any substance or mixture of substances intended for:
•  preventing,
•  destroying,
•  repelling, or
•  mitigating any pest.”

Though often misunderstood to refer only to insecticides, the term pesticide also applies to herbicides (like Roundup), fungicides, and various other substances used to control pests.

Under United States law, a pesticide is also any “substance or mixture of substances intended for use as a plant (growth) regulator, defoliant, or desiccant.”

Glyphosate Poison’s History
Glyphosate poison’s history begins in 1964. That’s the year glyphosate was originally patented to clean pipes, like Drano, another famous poison you’d be wise not to drink or breathe in. The Stauffer Chemical Company of Westport, Connecticut patented glyphosate to remove unwanted mineral deposits from pipes. Yes, just like Drano removes deposits from pipes, so does glyphosate.

Monsanto’s John E. Franz found that glyphosate also killed plants. Consequently, Monsanto brought glyphosate to market, in 1974, to do some killing. Glyphosate works as a non-selective, water-soluble pesticide with a specific mechanism of action. It directly interrupts plant development, killing plants by metabolically poisoning them. When something is unable to process nutrients for its health, it dies. People also die in this fashion. People die in many ways, but in the main, people die when their bodies can no longer process food for nutritional value needed to boost the immune system and sustain life.

How Glyphosate Kills Living Things

As with the pipe-cleaning patent, glyphosate binds (chelates) vital nutrients such as iron, manganese, zine, and boron in the soil. By binding these nutrients, glyphosate prevents plants from absorbing them.  Likewise, humans, farm animals, pets who consume Roundup Ready crops are also (likely) nutritionally starved. GMO soy plants (glyphosated) have lower levels of essential nutrients compared with non-GMO soy.  Depleted nutrient uptake may also account for GMO soy’s higher susceptibility to disease. An unhealthy plant can’t protect itself as well as a healthy (non genetically modified) one.

Cows Poisoned with Glyphosate
A German Egyptian research team found all cows tested from Danish dairy farms excreted glyphosate in their urine and had low levels of manganese and cobalt. This again could be a direct result of glyphosate’s chelation powers, designed for killing, for stripping away a living thing’s nutrient absorption abilities.

Glyphosate Anti-biotic Resistance
Monsanto was also “awarded” a patent (in 2010) to use glyphosate as a potential antibiotic. Glyphosate has antimicrobial activity by “virtue” of its ability to chelate, to strip living things of their ability to uptake minerals. So, on top of glyphosate’s other “virtues,” it may also be “helping” to unleash superbugs impervious to anti-biotics because of the overuse of antibiotics. Got glyphosate yourself?  You can bet that you do. You would be nearly insane to bet against it. Even if you think you avoid glyphosate as best you can, it’s found in most rain water, it’s found in many popular foods, in California wine (including organic wine), even in most vaccines.

People poisoned with Glyphosate
Virtually every man, woman and child in the U.S. is contaminated with glyphosate. Evidence from independent researchers is showing glyphosate can alter human and animal intestinal flora, leading to a harmful imbalance in the stomach’s microbiome, thus stripping away (chelating) beneficial (and necessary) gut bacteria and increasing more toxic or harmful bacteria, just as it does in the soil.

RELATED

Share

Heartburn Drug Alternatives for GERD, Acid Reflux

Proton pump inhibitor lawsuits have awakened many to just how serious stomach problems can be. Some taking PPI’s have developed full-blown kidney disease, so it is not a stretch to call heartburn or stomach problems like GERD or acid reflux a potentially life and death matter. PPIs like Prilosec, Prevacid, Protonix, Aciphex and Nexium can be expensive, especially if they lead to kidney failure. Meanwhile, a search on the web will help a person find potential alternatives. The question then becomes what advice to take. Either way, there are heartburn drug alternatives for GERD and acid reflux.

GERD Symptoms

Symptoms of GERD include a sore throat or sour taste in the back of the mouth. More severe signs may include asthma-like symptoms, dry cough, trouble swallowing. Left untreated, GERD can cause bleeding, digestion system damage, even esophageal cancer.

Alternative GERD Treatments

Doctors can, of course, prescribe several different types of treatment for GERD. All are intended to reduce stomach acid production. Some complementary and alternative medicine (CAM) may also provide relief. Complementary methods can work alongside so-called “traditional” (Western medicine) treatment, while alternative therapies can replace them.

What is GERD?

Acid reflux is also known as indigestion or gastroesophageal reflux disease (GERD). It occurs when the valve between the esophagus and stomach doesn’t function right. When the valve (also called lower esophageal sphincter or LES and cardiac sphincter) malfunctions, food and stomach acid can travel back up the esophagus. This is where the burning sensation comes from, and gives it the name “heartburn.”

In 2013, the American College of Gastroenterology no longer recommended dietary changes as a treatment for GERD. But today one can find several pieces of food advice on that college’s web site. Whom does one trust today to battle GERD?

Food Matters
According to a Jan. 2017 piece in the UK Daily Mail, one should avoid several foods to avoid GERD or acid reflux. Dr. Jonathan Aviv lists several foods to avoid. They include:

•  fizzy drinks
•  coffee/caffeine and tea
•  citrus fruits with pH 4 or less (ie. lemon, lime, pineapple)
•  tomato
•  vinegar
•  wine
•  chocolate
•  alcohol
•  mint
•  raw onion or garlic.

Foods that Help GERD?
Dr. Aviv lists these foods as helping the problems of GERD or acid reflux:

  • Fish: Salmon, halibut, trout, plaice, sea bass, sole
  • Poultry: Chicken breast, minced turkey, eggs
  • Vegetables: Spinach, cos lettuce, rocket, curly kale, bok choy, broccoli, asparagus, celery, cucumbers, courgette, aubergine, potato, sweet potato, carrots (not baby ones), beetroot, chestnut mushrooms, basil, coriander, parsley, rosemary, dried thyme and sage
  • Raw fruit: Banana, papaya, cantaloupe, honeydew melon, watermelon, lychee and avocado
  • Dried fruit: Dates, raisins, desiccated coconut
  • Nuts and seeds: cashews, pecans, pistachios, walnuts, pumpkin & sesame seeds, almonds, pine nuts
  • Spreads: Fresh, organic peanut and almond butters
  • Cheese: Parmesan, mozzarella, other hard cheese
  • Bread and grains: Rolled oats, wholegrain pasta, wholegrain bread, wholegrain wheat flour
  • Condiments: Celtic salt, olive and coconut oil, soybean concentrate, vanilla extract, pea protein, white miso paste

Treatment Alternatives
Other sites list several treatment options for GERD or acid reflux. Unfortunately, the scientific evidence is limited that could support “alternative” treatments (but aren’t all treatments “alternative”?) as a replacement.

Alternative treatments include (but are not limited to):
•  acupuncture
•  Melatonin
•  Relaxation
•  Yoga
•  Hypnotherapy
•   Baking soda
•   Lifestyle changes (smoking, drinking, overeating, etc.)

Herbal remedies
Herbalists may recommend several different types of herbs in the treatment of GERD, though studies on these meds are generally poor and not well controlled. Herb treatments include:

•  chamomile
•  ginger root
•  marshmallow root
•   slippery elm

Head Elevation
One might also consider putting one’s head in the clouds – er, closer to the clouds – to fight GERD. Elevating the head when sleeping, from 6-9 inches, helps stomach contents flow downward. One can place blocks under the head of one’s bed for  elevation.

Throw Pills at the Problem

A Western doctor may, of course, prescribe medications such as antacids, H2 receptor blockers, and proton pump inhibitors, which have been linked with chronic kidney disease. All three types of medication are available by prescription as well as over the counter (OTC). These pills can cost hundreds of dollars each month, in addition to their “side effects.” In extreme cases, a Western doctor may recommend surgery to alter one’s stomach or esophagus.

One is always advised, of course (and again), to seek a doctor’s treatment for GERD symptoms if one’s home-made methods don’t work, or the symptoms worsen.

RELATED

Share

Roundup Cancerous: Court rules Monsanto can’t stop Calif. from saying so

On Monday, June 26, 2017, the California Supreme Court rejected Monsanto’s efforts to stop the state from listing glyphosate as a cancer-causing chemical. Roundup is cancerous, and the court ruled that Monsanto can’t stop California from saying so. Roundup poison’s main active ingredient will henceforth remain on California’s  carcinogen list. Monsanto’s play to overturn the state’s regulations was also rejected by a lower appeals court.

Glyphosate Causes Cancer

Meanwhile, Monsanto’s appeal is still pending in California’s Fifth District. The state Supreme Court nevertheless rejected Monsanto’s request that the ruling in question be delayed while the appeal is sorted out. That ruling sends glyphosate to a list of chemicals determined by the state to be cancer-causing agents. A ballot initiative called Proposition 65 requires that glyphosate be listed as a probable carcinogen, said the Office of Environmental Health Hazard Assessment in a statement Monday. Glyphosate is the main active ingredient in Roundup, and it’s a well-known fact that Roundup is much more toxic than glyphosate itself.

Monsanto Fails to Override California Law
“Monsanto’s challenge was unsuccessful in the trial court,” said OEHHA in its statement. “Although the case has been appealed, no stay of the listing has been granted. Therefore, glyphosate is being added to the Proposition 65 list on July 7, 2017.”

Glyphosate Probable Human Carcinogen
On June 15, 2017, the appellate court rejected Monsanto’s request to stay a decision from the lower court, public documents show. The lower court’s decision, reached in March, rejected the chemical company’s claims that OEHHA violated the state constitution by delegating its authority to the International Agency for Research on Cancer. OEHHA relied on the IARC assessment that glyphosate is a probable human carcinogen.

People say it’s Poison, Corporations say it’s Safe
Several environmental groups sided with the state and several agricultural industry groups supported Monsanto in the case.

Proposition 65 requires Glyphosate Cancer Listing
Proposition 65 was a California state ballot initiative approved in 1986. It requires the state to publish a list of chemicals known to cause cancer, birth defects or other reproductive harm.

Judge Rejects Monsanto Free Speech Claim
In the lower court’s March 2017 ruling, the judge rejected Monsanto’s claim that listing glyphosate would violate its right to free speech under the state and federal constitutions. The judge also rejected Monsanto’s argument that a listing would force it to include a warning label regarding the possible cancerous effects of glyphosate. Monsanto attorneys ludicrously argued that such a warning would be false and misleading, and would not advance any legitimate or substantial government interest.

Related: Monsanto sued for False Advertising

The lower court agreed with the state office that Monsanto’s First Amendment claim is not ripe for adjudication because the mere listing of glyphosate does not require Monsanto to provide a warning. In fact, the biotech bully from Missouri may never be required to give such a warning. The judge also noted the hazard assessment office has the discretion to determine that glyphosate poses no significant risk of causing cancer even if it is placed on the Proposition 65 list.

Monsanto Roundup Lawsuit
Meanwhile, Monsanto is being sued by hundreds of farmers and other agriculture workers, gardeners and homeowners who used Roundup extensively and developed non-Hodgkin’s lymphoma (NHL), Multiple Myeloma, Chronic Lymphocytic Leukemia (CLL), or Hairy Cell Leukemia (HCL).

The California Office of Environmental Health Hazard Assessment is represented by Laura Julie Zuckerman of the California Office of the Attorney General.

Roundup Cancerous: Court rules Monsanto can’t stop Calif. from saying so

The case is Monsanto Co. v. Office of Environmental Health Hazard Assessment et al., case number S242595, in the California Supreme Court.

RELATED

Share

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.

RELATED

Share

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

RELATED

Share

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.

RELATED

Share

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

Share

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.

RELATED

Share

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.

RELATED

Share