Lana Keeton Wins Medical Negligence Verdict Against Dr. Bernard Cantor

Dateline: Miami, Florida Patients Advocate Lana Keeton, Founder and President of Truth in Medicine, scored a victory in court. Ms. Keeton won a verdict against defendant, Dr. Bernard Cantor, a Miami doctor, for medical negligence. The victory is a first in a lawsuit involving the Johnson & Johnson Gynecare TVT Prolene synthetic surgical mesh. Ms. Keeton underwent a hysterectomy and bladder suspension in December 2001 that almost ended her life.

Successfully treated for a necrotizing soft tissue infection at Jackson Memorial Hospital, following the initial surgery performed at Mt Sinai Medical Center on Miami Beach by Dr. Bernard Cantor, Ms. Keeton spent several months recuperating. Her experience has made her a formidable force in advocating for other injured patients.

Testifying at trial, Ms. Keeton stated she was not given proper informed consent for the implantation of the mesh. Dr. Cantor’s description to Ms. Keeton of the Prolene synthetic surgical mesh was simply “It’s a new tape. You will really like it.” No mention was made of the fact that the “tape” was a permanently placed medical device which cannot be removed without significant damage to tissue once implanted in the body. Nor did Dr. Cantor tell Ms. Keeton the product could be improperly implanted during the procedure or could erode (move by itself within the body) to cause permanent irreversible complications which she suffers. Dr. Cantor also omitted his lack of experience in the performing the procedure and complications in patients he had operated on prior to Ms. Keeton which required re-operation of the patient.

Ms. Keeton and Mr. James Shull, the Vice President of Truth in Medicine, were instrumental in getting the FDA to issue a Public Health Notification warning doctors and patients of the serious risks and complications of trans-vaginal placement of synthetic surgical mesh in October 2008. Based on their work, many law firms began filing lawsuits on behalf of other patients permanently harmed by synthetic mesh.

In an e-mail to a Truth in Medicine member in September 2009, Dr. Bobby Shull, Professor of Obstetrics and Gynecology, Dept Obstetrics and Gynecology, Texas A&M’s Scott & White Clinic in Temple, Texas says:

“Personally, I am pleased there is a patient advocacy group who is involved in helping us learn more about these products. My feeling is we will look back on this time with a sense of ‘why did anyone ever convince women to be subjected to these treatments?’ when little real information existed on the risks to be assumed.

There are other examples in gynecology; the Dalkon Shield for example or earlier sub-urethral slings…Protegen is one. Other products have been removed from the market only after a number of women were found to have been harmed.

It is unfortunate that women are and have been harmed. Perhaps with your group's influence the current situation can be changed for the sake of all the other women who are yet to be treated.”

Truth in Medicine’s primary initiative to achieve its’ mission is an Informed Consent Project with the University of Miami’s Bioethics Department headed by Kenneth W. Goodman, PhD. The focus is to create a comprehensive Informed Consent Tool Kit website for medical devices, the first being for synthetic surgical mesh. This would significantly lower the cost and increase the quality of healthcare.

Ms. Keeton notes the proliferation of synthetic surgical mesh “kits” have emboldened surgeons lacking the requisite surgical skills to do operations that have bad outcomes for the patients because, among other things, they do not know how to deal with the complications.

Ms. Keeton says, “The victory over Dr. Bernard Cantor signifies a big step forward in stopping future harm of other patients.”

Corporate Criminals? Ongoing Investigations of Johnson & Johnson Will Give Us The Answer!!

The wanton disregard for humanity in the quest for profits is disgusting. J&J is no different than street corner drug dealers, except they operate under the cover of a "corporation". Just take a look at the picture above...


I DO NOT UNDERSTAND WHY THERE IS NO CRIMINAL INVESTIGATION INTO THE PATTERN OF REALLY BAD CORPORATE BEHAVIOR OF J&J. MAYBE THERE IS AND WE DON'T KNOW IT.

They certainly offer no relief of any kind to "externalities", those they know they are going to harm. They just do not know the names or the faces of those they know they will harm. Those nifty little package inserts sealed in the sterile packaging of their medical devices with all those disclaimers protect them legally in almost all instances.

Of course, their billions of dollars of profit also protect them, as it is virtually impossible to win in a lawsuit for the harm they cause.

See excerpts from the RPM Report below which may be the beginnings of those investigations, we can only hope:

Monday, November 09 2009 - Omnicare Settles Long Term Care Kickback Case; Is J&J the Real Target? By Michael McCaughan

"In an era of billion dollar fraud settlements, a $98 million settlement with Omnicare and an even smaller agreement with Ivax may seem like small potatoes. But prosecutors still have some big fish on the hook, including Johnson & Johnson....Here is what J&J says specifically about the Omnicare investigation:

In September 2005, the Company received a subpoena from the U.S. Attorney's Office, District of Massachusetts, seeking documents related to sales and marketing of eight drugs to Omnicare, Inc., a manager of pharmaceutical benefits for long-term care facilities. The Johnson & Johnson subsidiaries involved responded to the subpoena. Several employees of the Company's pharmaceutical subsidiaries have been subpoenaed to testify before a grand jury in connection with this investigation.

In April 2009, the Company was served with the complaints in two civil qui tam cases relating to marketing of prescription drugs to Omnicare, Inc. The complaints assert claims under the federal False Claims Act and related state statutes in connection with the marketing of several drugs to Omnicare. The government has not yet announced whether it will intervene in these cases."

"But that is not the only investigation involving Risperdal disclosed by J&J. The company's 10-Q filing cites at least 8 other subpoenas received by the company involving promotions of the product:

(1) a January 2004 subpoena seeking information about "sales and marketing of, and clinical trials for" from the Office of Personnel Management (which runs the Federal Employee Health Benefit Program);

(2) a November 2005 subpoena seeking information about "marketing of and adverse reactions to" Risperdal from the Philadelphia US Attorney (which brought the Zyprexa case);

(3) grand jury "subpoenas" related to that investigation;

(4-6) three separate subpoenas from the feds in Boston, Philadelphia and San Francisco "concerning, respectively, sales and marketing of Risperdal by Janssen (now OMJPI), Topamax by Ortho-McNeil (now OMJPI) and Natrecor by Scios" seeking "information regarding the Company's corporate supervision and oversight of these three subsidiaries, including their sales and marketing of these drugs";

(7) grand jury "subpoenas" in Boston related to those investigations; and

(8) a "HIPPA Subpoena" from Boston a "seeking information regarding the Company's financial relationship with several psychiatrists."
That tally does not include product liability cases (including some filed by state and federal government payors) involving Risperdal, nor does it include numerous pricing cases that presumably involve Risperdal as well.

We have no idea when or if any of those cases will result in prosecutions or settlements. But if they do, we're betting there will be some big numbers on the table."

MEANWHILE…..FROM PHARMALOT.COM …

Weldon Pays $8.5M For Florida Lots As J&J Cuts Jobs
By Ed Silverman November 3rd, 2009 // 3:07 pm

Just a week before announcing that Johnson & Johnson will cut some 8,000 jobs, J&J chair and chief executive Bill Weldon plunked down $8.45 million for two adjacent vacant waterfront lots in North Palm Beach, Fl., and he bought them from former General Electric chair and chief executive Jack Welch, according to The Palm Beach Daily News and brought to our attention by Bnet.

The properties are listed as 1264 Lake Worth Lane in Lost Tree Village with 113 feet of water frontage for $2.975 million and 1284 Lake Worth Lane, with 111 feet of frontage, for $5 million, according to the Property Appraiser’s Office records, the paper writes. Several realtors advertise exclusive properties in the enclave.
One of the realtors has this to say: “Lost Tree…is known for its Ocean, intracoastal, golf course, and lake views…There are homes on Lake Worth with wide water views and deep water ocean access, golf cottages located near the private golf course, and homes on interior lakes in this beautiful community. Lost Tree offers a private 18 hole golf course, 8 tennis courts, private beach…a beautiful beach club with a private restaurant open 2 days a week for dinner and for lunches most of the year.”

As for J&J employees? Some will be canvassing severance packages, COBRA health plans and, possibly, unemployment benefits. “These types of changes are difficult under any circumstances, and will have a very personal impact on people who have been dedicated to the mission of Johnson & Johnson,” Weldon says in today’s statement about the reorganization. Well, if nothing else, he’s stimulating the economy, albeit a well-to-do pocket.

MY THOUGHTS ON CEO WELDON’S PURCHASES….

For what it’s worth, all those $8.5 million after tax dollars Weldon is spending is on the backs of thousands and thousands of injured patients.
Johnson & Johnson spends millions and millions of dollars paying legions of attorneys to continue to make their billions of dollars in profit. Don’t believe me check out the Pacer System and do a search on J&J…literally hundreds of cases at any given time.

Think…Panacryl sutures, Ortho Evra patches, Prolene mesh, Intergel adhesion preventive…they will put anything on the market…deadly or not.

Just ask their Dr. Joel Lippman, their ex-Chief Medical Oficer, who tried to stop some of these products from going on the market.

If they were spending ANY of that money on the “externalities”, as they call injured patients, God bless Weldon.

As that is not the case, I am not sending any blessings Weldon’s way.

FOR IMMEDIATE RELEASE
September 19, 2009

Contact: Lana Keeton

Truth in Medicine Incorporated

786-566-7780

FIRST ANNUAL TRUTH IN MEDICINE CONFERENCE

“SURVIVING THE COMPLICATIONS OF SYNTHETIC SURGICAL MESH”

Conference to Address Synthetic Meshes impact on more than 13 million Baby Boomers causing increased health care costs with 30-40% Complication Rate

CONTACT: truthinmedicine@bellsouth.net

WEBSITE: http://www.truthinmedicine.us.com/

FORT LAUDERDALE, Fla., Sept 19, 2009 –For the first time, a group of injured patients representing millions who have received synthetic surgical mesh for the common problems of hernia repair and urinary incontinence, will meet, one-on-one with patient advocates and surgeons to address the high complication rates of synthetic meshes at the first annual Truth in Medicine, conference at the Renaissance Ft Lauderdale Renaissance Fort Lauderdale Hotel, September 25-26, 2009.

“While medical device makers and some doctors advertise a 1-2% complication rate, thousands of injured patients have contacted Truth in Medicine, to tell their stories of ruined lives from irreversible complications indicating a rate of closer to 30 to 40 %,” says patient advocate and founder of Truth in Medicine, Lana Keeton.

Keeton, herself a synthetic mesh sufferer, helps to educate and support injured patients through Truth in Medicine showing them how to find medical treatment and making them realize they are not suffering alone. “These are very serious complications,” says Keeton.

“Millions of people may have synthetic surgical mesh of one kind or another implanted in their bodies which can shrink, migrate, perforate bowels, the vaginal wall, the urethra and/or the bladder and in some cases lead to death.”

Truth in Medicine patient advocates were the driving force behind the FDA issuing its first Public Health Notification in October 2008, on “Serious complications associated with Trans-vaginal Placement of Surgical Mesh…” and FDA's Information on Surgical Mesh for Hernia Repairs http://www.fda.gov/MedicalDevices/Safety/AlertsandNotices/ucm142636.htm. Their focus now is to have the same Public Health Notification warning of complications of placement of synthetic hernia mesh.

Also, Truth in Medicine is pushing the FDA to re-open their Synthetic Surgical Mesh Investigation, following the “resignation” of Dr. Daniel Schultz, head of the CDRH who approved Regen for marketing against the recommendations of internal agency scientists and to re-review synthetic mesh according to the GAO’s recommendations earlier this year to re-review 25 other medical devices approved without assurances of safety or efficacy, says Keeton.

Presentations will be made Friday & Saturday, September 25-26, at the Renaissance Fort Lauderdale Hotel, 1617 SE 17th Street, Ft. Lauderdale, FL 33316 and include featured speakers:
Dr. Diana Zuckerman, President of the National Research Center for Women & Families; Nancy Muller, Executive Director of the national Association for Continence; and Ken W. Goodman, PhD, Director, Bioethics Program and Co-Director, Ethics Programs, University of Miami.

Doctors Roundtable will include members of the American Urogynecological Society (AUGS), representatives from AUGS' Board of Directors, Dr. Zuckerman and Dr. Goodman.

MEDIA: Will have access to patients from around the country to tell their stories, as well as surgeons and urogynecologists.

BACKGROUND RESOURCES: - Truth in Medicine was recently highlighted on the consumer Web site, InjuryBoard.com in a four part series, which generated more consumer responses than any other single story, and by WPLG TV 10 http://www.local10.com/video/17492050/index.html in Miami. #

ADDITIONAL HYPERLINKS:

FDA's Public Health Notification for Transvaginal Placement of Mesh:

http://www.fda.gov/MedicalDevices/Safety/AlertsandNotices/PublicHealthNotifications/ucm061976.htm
FDA on Surgical Mesh for Hernia Repairs:

http://www.fda.gov/MedicalDevices/Safety/AlertsandNotices/ucm142636.htm

Injury Board four part series: http://www.injuryboard.com/national-news/suffering-in-silence-from-a-medical-device---surgical-mesh-part-4.aspx?googleid=262334

WPLG TV 10 Miami: http://www.local10.com/video/17492050/index.html

FDA “APPROVED” SAFE AND EFFECTIVE? THAT IS NOT WHAT IT MEANS!

DON'T DIE AN EARLY DEATH

FROM SYNTHETIC SURGICAL MESH!

FDA “APPROVED” SAFE AND EFFECTIVE?

THAT IS NOT WHAT IT MEANS!

“MINIMALLY INVASIVE OUTPATIENT PROCEDURES”

ARE DANGEROUS!

Synthetic Surgical Mesh is a very dangerous product being surgically implanted in millions of people every year. Doctors implant surgical mesh for hernia repair, pelvic organ prolapse and bladder suspension, both male and female. Doctors are even using it now when women have Caesarean section delivery of their babies.

The manufacturers of these products know they cause serious permanent injury to patients, but continue to sell them as safe and effective, “approved” by the FDA.

Major pharmaceutical companies sell small pieces of polypropylene mesh [looks like window screen with raw edges] for thousands of dollars and call them “medical devices”.
The same polypropylene is also used to make pots and pans, roofing membrane, road paving materials, silt fences, carpeting...lots of things.

Polypropylene implanted in humans through “minimally invasive outpatient procedures” can cause severe permanent debilitating pain, death, perforation of the bladder, strangulation of the bowel, inability to sit, stand, walk, urinate or have sex and male infertility. These complications can appear immediately after surgery or many years later.

Patients wind up permanently in the health care system, cost insurance companies millions and millions of dollars and create thousands of medical malpractice lawsuits. This affects all Americans by causing higher health insurance premiums and weighing down the court system, not to mention the devastation to the patient.

Someone YOU know has synthetic surgical mesh implanted in them. They may not even know it. They just know they are sick and in pain. Learn about this serious silent health crisis. Come to the First Annual Conference of Truth in Medicine Friday & Saturday, September 25-26, 2009 in Ft Lauderdale, FL at the Renaissance Ft Lauderdale, “Surviving the Complications of Synthetic Surgical Mesh”.

Please go to www.truthinmedicine.us.com for more information, to become a member or register for the conference. We are patients helping patients to get well and stopping this from happening to others. Join us in making a difference for others!

Your friendly steel salesman, turned patients advocate, p.s. I still sell steel!!
Lana Keeton, Founder & President
Truth in Medicine Incorporated
1521 Alton Road, #198
Miami Beach, FL 33139
truthinmedicine@bellsouth.net
www.truthinmedicine.us.com
www.lanakeeton.com

"In a stunning turn of events on what could be one of the largest Qui Tam cases in US history, the First Circuit Federal Appeals Court released it's opinion today reinstating a part of the whistleblower claim against Ortho Biotech, the Johnson & Johnson subsidiary, regarding the alleged kick back scheme for it's drug Procrit"....photo at right of Attorney Jan Schlichtmann, attorneys for the plaintiffs! (read full article below)

Thank God Johnson & Johnson is being held accountable!

Just like Ethisphere Magazine a couple of years ago, I ask "What's Ailing Johnson & Johnson?"

My opinion: A complete lack of ethics and the pursuit of profit legally or illegally. They are a major part of the health care crisis because of their disease mongering, creating a "disease" and then providing the drug or device which will "maintain", never cure the disease, all the while making literally billions of dollars in profit.

The J&J Credo clearly states their first responsibility is to their stockholders, not to the patients whom they profess to "cure".

Funny this Whistleblower case over their Procrit drug GOT NO PRESS! Unbelievable...J&J gets everything swept under the carpet...broken sterilizers in San Angelo, Texas that pumped out over 3.4 million unsterilized Vicry sutures in the early 90's, deaths from the Ortho Evra patch in the last couple of years, deaths and horrific complications from their trademark Prolene polypropylene mesh tape used for hernia repairs, bladder suspension for both men and women and pelvic organ prolapse.

My thoughts: Think Revelations 21:8..."But the fearful, and unbelieving, and the abominable, and murderers, and whoremongers, and sorcerers, and idolaters, and all liars, shall have their part in the lake which burneth with fire and brimstone: which is the second death."

QUOTED FROM: http://thesettlementchannel.squarespace.com/

Procrit whistleblower case revived by First District appeals court decision
Thursday, August 13, 2009 at 07:37AM

In a stunning turn of events on what could be one of the largest Qui Tam cases in US history, the First Circuit Federal Appeals Court released it's opinion today reinstating a part of the whistleblower claim against Ortho Biotech, the Johnson & Johnson subsidiary, regarding the alleged kick back scheme for it's drug Procrit

You may read the entire opinion by clicking the link here, The case number is 08-1409 and the name is United States, ex rel. Mark Eugene Duxbury and Dean McClellan, Plaintiffs vs Ortho Bio Products.

This case was spearheaded by Attorney Jan Schlichtmann on behalf of the relators Duxbury and MacClellan and when the trial court dismissed the claim, the appeal was filed and argued in mid 2008 and today's decision affirmed part of the decision but cleared the way for the Duxbury claim on kick backs and rebating tied to the off label marketing and use of Procrit in oncology clinics and hospitals.

We will be having Attorney Jan Schlichtmann on Speaking of Justice today to discuss the courts ruling, his thoughts on the elements that were affirmed as well as the next steps in this long dormant but now front page Whistle Blower case regarding Procrit and the marketing of it's off label use. As long time readers of this page will recall this was also featured in a Wall Street Journal profile on the case at about the time of the original trial in 2007 and while many had given the case up for dead, the Appeals Court has done a comprehensive analysis of what the bar is to filing a Whistle Blower claim and brought in a real stunner on what could be a massive potential claim against Ortho Biotech.

Of interest to structured settlement and claims professionals is the fact that this case is also potentially one of the largest non-qualifed structured settlement cases in US history due to the early and comprehensive use of a 468B trust to handle any and all claims attached to this Qui Tam case and subsequent litigation. This will be an intriguing case to follow so don't miss this broadcast!

Johnson & Johnson Procrit whistleblower case discussed on video

Thursday, August 13, 2009 at 07:44PM

In this video earlier today with Attorney Jan Schlichtmann, attorneys for the plaintiffs in the Ortho Biotech Qui Tam case, joins Speaking of Justice to discuss how this case will proceed given the stunning decision by the US Appeals Court to certify Mark Duxbury as a whistleblower.

As mentioned in my earlier post, this case if it is joined by the US Attorney and Attorney General has the potential to be a multi-billion dollar recovery according to AP reports in todays news.

The question becomes, will Attorney General's prior work as counsel for Johnson & Johnson in any way influence the decision by the US Attorney's office to join the case and attempt to recover billions of dollars of taxpayer money at a time when Health Care is utterly dominating the political news and debate.

Why in the world, given the ruling of the US Appeals Court, which appears to be totally consistent with the Rockwell ruling by the Supreme Court in 2007, wouldn't the US Attorney proceed to go get these funds? I guess we will find out shortly if this Justice Department is going to be a true departure from the Bush DOJ very shortly.

QUOTED FROM: www.drugrecalllawyerblog.com
Posted On: August 24, 2009 by John J. Cord

Johnson & Johnson Warned by FDA

Last week, the FDA sent a warning letter to Johnson & Johnson over trials of its antibiotic drug, ceftobiprole. J&J hopes that Ceftobiprole will be approved for treatment of skin infections, including MRSA (which is frequently a hospital-acquired infection).

The FDA reports that J&J has been violating its own study protocols, including:
Failure to ensure that patients properly store the drug
Failure to perform appropriate patient examinations
Failure to document some doses given to patients
Hiring unqualified investigators
Enrolling patients who do not meet J&J’s own eligibility criteria

These types of problems are systemic in the whole system. Many blame the FDA for allowing bad drugs to reach the market, but the primary failure is with the drug companies who fail to conduct adequate studies (or worse, hide the results of their otherwise-adequate studies). The FDA does not do independent studies of the drugs—that is not something taxpayers should have to pay for. Drugmakers have responsibility to perform studies of their own drugs to ensure they meet safety and efficacy requirements. Unfortunately, this is sometimes like the wolf guarding the hen house.

HEALTHCARE NIGHTMARE: SYNTHETIC SURGICAL MESH COMPLICATIONS!

DON'T WANT TO TAKE A CHANCE ON LOOKING

LIKE THIS PICTURE...

DON'T ALLOW A DOCTOR TO USE MESH FOR HERNIA REPAIR, BLADDER SUSPENSION OR PELVIC ORGAN PROLAPSE

Death by bleedout, death from strangulation of the bowels, perforation of the bladder, male infertility, necrotizing fasciitis, inability to urinate, hernias, colostomies...just a few of the complications of the surgical implantation of Synthetic Surgical Mesh.

Synthetic Surgical Mesh is a very dangerous product being surgically implanted in millions of people every year. The manufacturers of these products know they cause serious permanent injury to patients, but continue to sell them as safe and effective.

The complications put patients permanently in the health care system, cost insurance companies millions and millions of dollars and create thousands of medical malpractice lawsuits.

What you won't see are thousands of product liability lawsuits. Why?It is an extremely complicated product most attorneys don't understand.

The First Annual Conference of Truth in Medicine, a patients advocacy organization, will clear up the confusion.

Truth in Medicine Incorporated has already had success by having the FDA issue a Public Health Notification warning of complications from the use of synthetic surgical mesh.

Our First Annual Conference in Sept 25-27, 2009 in Ft Lauderdale brings together an important group of health care decision makers, prominent doctors from major health care facilities, who are participating in the Conference and who support our cause.

Please attend the Conference.

An alliance between yourself and Truth in Medicine will have a major impact bringing about better health care, reducing health care insurance premiums and filing the right product liability lawsuit for the real CULPRIT...SYNTHETIC SURGICAL MESH.

The conference agenda is posted prominently at http://www.truthinmedicine.us.com/. See 1st Annual Conference 2009 menu tab for all the details. Scroll to the bottom to use PayPal to register.

There is a special session on Sunday morning, September 27, 2009:

Meet the Attorneys!

8:00 – 11:30AM at the Renaissance Ft Lauderdale, FL

Attorneys will be given a "Mesh Education". What it is. What it does. What harm it causes. Why it is inherently defective. How "Mesh" facts can be applied to the law. Why Federal Pre-Emption does not apply to Mesh. Who the experts are. How to get a jump on discovery and save thousands and thousands of dollars...what are the "right" interrogatories...what are the "right" requests for production of documents. How to make Synthetic Surgical Mesh the next mass tort.

Medical Device Manufacturers make billions and billions of dollars of profit annually. They profit while patients suffer debilitating, lifelong complications, doctors careers, reputations and livelihoods are put at serious risk, insurance companies pay out huge sums on medical claims and millions and millions of Americans then are forced to pay higher premiums for health insurance. "Surviving the Complications of Synthetic Surgical Mesh" is a must for any firm seeking the tools to win big when representing their "Mesh" Clients!! A very small investment for huge returns.

The "Meet the Attorney" session is free to Mesh Sufferers.

See you at the Conference!!

CONFERENCE REGISTRATION FEE:

$99.00 for Truth in Medicine Members Includes

Continental Breakfast Friday & Saturday and Luncheon Friday

$99.00 for Early Registration by September 10, 2009 – $119.00 September 11 and after

$495.00 for Sunday Session only for Attorney Firms by September 10- Includes 2 members of the firm - $594.00 September 11 and afterAdditional $99.00 for each additional member of the firm -regardless of date of registrationPlease use multiple quantities on the PayPal button to register your firm.

CONFERENCE QUESTIONS CONTACT:

Lana C. Keeton

Truth in Medicine Incorporated

Miami Beach, FL 33139

truthinmedicine@bellsouth.net

786-566-7780

CONFERENCE LOCATION:

RENAISSANCE FORT LAUDERDALE HOTEL

1617 SE 17th Street, Ft Lauderdale, FL 33316

954-626-1700 phone 954-626-1752 fax

HOTEL TELEPHONE REGISTRATION:

Mention Truth in Medicine Room Block for

$89.00 special group rate [normally $159.00]

$139.00 upgrade to a Junior Suite [normally $219.00]

800-228-9290 in the U.S. and Canada (or any of the worldwide reservation

numbers for Renaissance Hotels)

HOTEL ONLINE REGISTRATION:

www.renaissancehotels.com/fllbr GROUP CODE: TIMTIMA

HOTEL QUESTIONS CONTACT:

Margaret Luppino

Convention Services Manager

954-626-1706 direct line

m.luppino@renaissancefortlauderdale.com

Jury Awards $5.75 Million in Medical Malpractice Suit

December, 2003

Miami-Dade Circuit CourtCase No.: 00-14725-CA-30

Salvador Plasencia v. Jorge Echenique, M.D. and Miami Urological Surgical Consultants

Plaintiff attorneys:

Partner Marvin Kurzban and Associate Jed Kurzban at

Kurzban Kurzban Weinger & Tetzeli in Miami.

Defense Attorneys:

Partner David Dittmar and Senior Associate Patricia Murray at

Dittmar & Hauser in Miami, representing Echenique;

Peter Restani, a Partner at Restani McAllister & Cassetty in Coral Gables, representing Miami Urological

In 2003, justice was finally served for 37-year-old Mr. Plasencia, the victim of severe medical malpractice. Suffering from end-stage kidney failure - unnoticed and untreated by three different physicians - Mr. Plasencia and his two minor children brought suit in 2000, recovered a verdict for a total of $5.75 million in damages from the jury.

In February of 1996 and in response to various complaints, Mr. Plasencia's general practitioner, Ms. Teresa Cardoso, performed a urinalysis and found clear warning signs of serious kidney disease. In spite of the presence of both blood and protein, Dr. Cardoso failed to recognize the presence and significance of the protein. Dr. Cardoso referred Mr. Plasencia to a urologist, Dr. Jorge Echenique, where two more urinalyses were conducted again showing the combined presence of blood and protein. Not unlike Dr. Cardoso, Dr. Echenique too failed to recognize the significance of the results and so did not order any follow-up tests.

After a year of continued suffering, Mr. Plasencia again visited Dr. Cardoso who referred him to a second urologist, Dr. Arthur Lim of Miami Urological and Surgical Consultants. Again, the urologist failed to interpret the available data or to gather new data in a useful manner and Mr. Plasencia was sent home. Untreated and still suffering, Mr. Plasencia checked himself in to a hospital where was diagnosed with end-stage kidney failure - the result of untreated inflammation of kidney tissue.

Defendants Echenique and Miami Urological Surgical Consultants argued that the type of kidney disease from which Plasencia was suffering was untreatable and early detection would not have substantially changed the need for a kidney transplant. Defense counsel David Dittmar argued that a directed verdict should have been entered for the defendants.

Prior to trial, physician Cardoso settled for an undisclosed amount. On May 9, following a 10-day trial and 5-hour jury deliberations, Mr. Plasencia was awarded $5.75 million in damages. The jury awarded $3 million in past pain and suffering; $1.5 million for future medical costs; $500,000 for Plasencia's two minor daughters' lost services and comfort and anxiety; $443,000 in future lost earnings capability; $228,000 in past medical costs; and $78,000 for past lost earnings. The jury also determined that while Mr. Plasencia was 1 percent at fault, Dr. Cardoso was 19 percent at fault, Dr. Echenique 53 percent at fault, and Dr. Lim and Miami Urological were 27 percent at fault. [or $1,552,500.00]

SEEMS TO BE A PATTERN HERE...SEND THE PATIENT HOME UNTREATED AND STILL SUFFERING!! BEEN THERE, DONE THAT!

THINK DR. BERNARD CANTOR AND MT SINAI MEDICAL CENTER MIAMI BEACH...

http://www.kkwtlaw.com/CM/Articles/medical_malpractice_suit.asp

ABOVE ARTICLE FROM THE WEBSITE OF KURZBAN, KURZBAN, WEINGER & TETZELI...