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...

MESHIE FRIENDS MEET! CHARLOTTE, LANA & DEBORAH

* * * * * * * * * * *
TRUTH IN MEDICINE INCORPORATED
FIRST ANNUAL CONFERENCE
"SURVIVING THE COMPLICATIONS OF
SYNTHETIC SURGICAL MESH"
FRIDAY & SATURDAY, SEPTEMBER 25-26, 2009

CONFERENCE REGISTRATION
FEE: $100.00 for Truth in Medicine Members
Includes Continental Breakfast Friday &

Saturday and Luncheon Friday
$100.00 for Early Registration by September 1, 2009

$120.00 September 1 and after

INSTRUCTIONS FOR CONFERENCE REGISTRATION TO BE POSTED

HERE BY THURSDAY, JULY 2, 2009.....PLEASE CHECK BACK!!

HERE IS THE HOTEL RESERVATION INFORMATION.......
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HOTEL TELEPHONE REGISTRATION:
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CONFERENCE QUESTIONS CONTACT:
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Founder/President
Truth in Medicine Incorporated
1521 Alton Road, #198
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e-mail: truthinmedicine@bellsouth.net
websites:
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http://www.truthinmedicine.co.uk/

>>>>INITIAL CONFERENCE AGENDA <<<

THURSDAY, SEPTEMBER 24, 2009:
MEET & GREET COCKTAIL PARTY 6:00 – 8:00 p.m.
Patio at the Bimini Boatyard
across the parking lot from the Renaissance Hotel
Cash Bar - Free Hors d'oeuvres

FRIDAY, SEPTEMBER 25, 2009:
> CONTINENTAL BREAKFAST 9:00 – 10:30 AM
> LUNCHEON MEETING 11:30 AM – 5:00 PM

SPEAKERS:

Dr. Diana Zuckerman, President

National Research Center for Women & Families
www.center4research.org

Nancy Muller, Executive Director

National Association for Continence
www.nafc.org

Dr. G. Willy Davila, Chairman, Dept of Gynecology
Head of Urogynecology & Reconstructive Pelvic Surgery
Cleveland Clinic Weston, Weston, FL

Kenneth W. Goodman, PhD

Professor and Director, Bioethics Program
Co-Director, Ethics Programs
University of Miami

Miami, FL

> COCKTAIL PARTY 6:00 – 8:00 PM

SATURDAY SEPTEMBER 26, 2009:
> CONTINENTAL BREAKFAST 8:00 – 11:30 AM

>DOCTORS ROUNDTABLE 4:00 - 6:00 P.M.

>SATURDAY AFTERNOON & EVENING - FREE TIME!!
ENJOY ALL THAT FT LAUDERDALE OFFERS ON YOUR OWN!
RENAISSANCE HOTEL PERFECTLY LOCATED FOR FUN!!
$1.00 TROLLEY TO ANYWHERE IN FT LAUDERDALE,
the BEACH, RESTAURANTS, SIGHTSEEING!

SUNDAY, SEPTEMBER 27, 2009:
> CONTINENTAL BREAKFAST - 8:00 AM – 11:30AM

***Events subject to change without notice

SYNTHETIC SURGICAL MESH CONFERENCE...

HOW TO SURVIVE A BAD OUTCOME FROM SURGICAL MESH IMPLANTATION!

SAVE THE DATE!!

MORE DETAILS COMING SOON!!

TRUTH IN MEDICINE
FIRST ANNUAL CONFERENCE
FRIDAY AND SATURDAY,

SEPTEMBER 25-26, 2009
FT. LAUDERDALE, FL USA

OUR WORK AS PATIENTS ADVOCATES CONTINUES!

A PUBLIC HEALTH WARNING WAS ISSUED OCTOBER 2008 BY THE FDA/CDRH FOR SYNTHETIC SURGICAL MESH USED FOR STRESS URINARY INCONTINENCE AND PELVIC ORGAN PROLAPSE!

A GIANT STEP TOWARD THE REMOVAL OF SYNTHETIC SURGICAL MESH FROM THE MARKETPLACE! MORE TO COME!!

EQUALLY AS IMPORTANT AS THE WARNING IS HELPING PEOPLE TO SURVIVE A BAD OUTCOME FROM SURGICAL MESH IMPLANTATION....WE'RE HERE TO HELP!!

OUR FABULOUS SPEAKERS:

DR. DIANA ZUCKERMAN, PRESIDENT
NATIONAL RESEARCH CENTER FOR WOMEN & FAMILIES
www.center4research.org

NANCY MULLER, EXECUTIVE DIRECTOR
NATIONAL ASSOCIATION FOR CONTINENCE
www.nafc.org

DR. RICHARD MILLER, PROF OF SURGERY, MEDICAL DIR
TRAUMA INTENSIVE CARE UNIT,
DIV OF TRAUMA AND SURGICAL CRITICAL CARE
VANDERBILT UNIVESITY MEDCIAL CENTER
NASHVILLE, TENNESSEE

Unofficial Events for the Conference:

A MEET AND GREET COCKTAIL PARTY on Thursday, September 24, 2009

WORSHIP SERVICE followed by BRUNCH ON SUNDAY, September 27, 2009!

HOPE YOU WILL BE ABLE TO ATTEND ALL THE EVENTS!!!

I REALLY LOOK FORWARD TO MEETING EVERYONE, ESPECIALLY ALL MY WONDERFUL MESHIE FRIENDS!! :) :)

GOD BLESS, LANA

LANA KEETON
FOUNDER and PRESIDENT
TRUTH IN MEDICINE INCORPORATED
1521 ALTON ROAD,#198
MIAMI BEACH, FL 33139

www.truthinmedicine.us.com

KICKING FARMACEUTICAL FANNY!

All Meshed Up?

HELP ME AND THOUSANDS OF OTHERS WHOSE LIVES HAVE BEEN DESTROYED BY THE COMPLICATIONS OF SYNTHETIC SURGICAL MESH.....

KICK SOME FARMACEUTICAL FANNY!

Go to http://www.truthinmedicine.us.com/

REGISTER ON THE WORLDWIDE REGISTRY OF COMPLICATIONS OF SYNTHETIC SURGICAL MESH!!

SOMEBODY'S GOTTA DO IT!

IT'S FOR SURE GOVERNMENT AND THE HEALTH SYSTEM ARE NOT GOING TO DO IT!!

THEY LIVE IN THE ANTIQUATED WORLD OF THE MAUDE DATA BASE....

MANUFACTURER AND USER DATA BASE EXPERIENCE ?

@#!&?^>!@#!&%$#@

THAT'S WHAT I THOUGHT YOU WOULD SAY...

ARE YOU KIDDING ME? WHAT IS THAT? HEAR ANYBODY TALKING ABOUT IT AT THE WATER COOLER? I DON'T THINK SO!

THE TRICK HERE IS THE MANUFACTURER WANTS TO MAKE SURE YOU NEVER HEAR OF IT. WHY IS THAT?

EASY...YOU DON'T REPORT YOUR NEAR DEATH EXPERIENCE, OR HORRIFIC COMPLICATION, FROM THEIR NIFTY ? ? LIFE-SAVING ? ? MEDICAL DEVICE....THEIR DEFECTIVE MEDICAL DEVICES ARE NOT RECALLED.

THEY GO ON TO DESTROY MORE LIVES.....PHYSICALLY, MENTALLY, EMOTIONALLY, FINANCIALLY...

LET'S STOP THAT CYCLE!

LET'S STEP OUTSIDE THE BOX!

REGISTER YOUR COMPLICATIONS AT

WWW.TRUTHINMEDICINE.US.COM!!!

LET'S SHOW EVERYONE THE TRUTH!

JOIN THE TEAM AT TRUTH IN MEDICINE!

LET'S STOP THE USE OF PETROLEUM-BASED SYNTHETIC SURGICAL MESH IN HUMAN BEINGS!!!

LET'S KICK SOME FARMACEUTICAL FANNY!!!

HAVE QUESTIONS? NEED ANSWERS? WE'RE HERE TO HELP!!!

truthinmedicine@bellsouth.net

GYNECARE TVT COMPLICATIONS & DEATHS CONTINUE TO RISE!

ETHICON'S PROLENE POLYPROPYLENE SYNTHETIC SURGICAL MESH USED IN GYNECARE TVT DEVICE INTERNALLY MUTILATES HUMAN BEINGS!

EVERY DAY MORE & MORE PEOPLE WITH MESH COMPLICATIONS FROM HERNIA REPAIR, PELVIC FLOOR DISORDER AND BLADDER SUSPENSION, BOTH MALE AND FEMALE, CONTACT ME SEARCHING FOR HELP!

Every morning the FDA, the CDRH and the Pharmaceutical Companies have blood on their hands. Every day new victims of synthetic surgical mesh complications are internally mutilated and begin a slow horrifying death…of their life as they knew it, of their hopes and dreams, of their physical abilities.

Americans go to doctors, whom they trust, who perform surgery on them in accredited hospitals using FDA approved products. They believe in the system. Americans don’t ask questions. They trust a system that actually betrays them.

The FDA facilitates the pharmaceutical industry’s betrayal of Americans and the health system because of the flawed 510 (k) Premarket Notification Approval Process.

There is greater interest in profitability for industry than in assuring patient safety. Speed of approval is more important than safety. As for the efficacy of thousands of medical devices implanted in Americans, that is an unknown.

The FDA’s 510 (k) Pre-market Notification submission process only establishes that medical devices are “substantially equivalent” to a product already approved for sale. There is no proof of the safety and efficacy of these medical devices. No human clinical trials are required.

All Americans need to be well advised of the difference between the FDA’s Pre-Market Approval and the FDA’s 510 (k) Pre-Market Notification submission processes.

Pre-Market Approval means that there have been human clinical trials. Safety and efficacy of the medical device has been established. Risks and complications of the device are relatively well known.

Pre-Market Notification means that the pharmaceutical companies have followed the FDA’s criteria for establishing “substantial equivalence”. The medical device is approved for sale. No human clinical trials are necessary.

For Pre-Market Notification, the safety and efficacy[that it actually works] of the device does not have to be established. Risks and complications will be learned as physicians perform surgery on the general public. Each and every surgical patient is unknowingly a part of a human clinical trial, a guinea pig.

Steps to educate the American public about these very important differences have to be enacted by Congress. The following actions would enable all Americans to make informed decisions about their healthcare.

a. Provide a written statement to every patient entering the hospital for implantation of a medical device clearly explaining the difference between Pre-Market Approval and Pre-Market Notification. The patient should be notified at that time what the approval process was with the FDA for the medical device and/or foreign body being implanted in them.

b. Provide an Adverse Event Report to each and every patient with his/her discharge papers following any procedure involving any foreign body that is implanted in them.

The Adverse Event Report should include the name of the manufacturer, name of the product, model/catalog #, FDA approval number whether Pre-Market Approval or 510 (k) Pre-Market Notification, name of doctor performing implantation, user facility, date of surgery, original diagnosis for procedure, surgical procedure followed for the implantation of the foreign body, traceability label, etc.

For future medical care, patients will be able to fully advise their doctors of anything and everything that is in their bodies

Inadequate, substandard physician training in the implantation of synthetic surgical mesh significantly increases the percentage of complications.

Each new mesh product and/or delivery method has a learning curve for each doctor. There is a much greater incidence of complications in the first 20 implantation procedures of medical devices that any doctor performs.

If there are 20,000 doctors performing procedures on their first 20 patients using only one medical device through one method of implantation, that would be 400,000 patients that are at greater risk for complications from that one product alone.

As there are over 10,000 new medical devices approved by the FDA each year used by 20,000 doctors on 20 patients, the figure would be in the multi millions.

This learning curve is devastating to the American public. This does not factor in bad doctors and bad medical care, only the normal percentages of a new procedure with a good doctor.

Human tissue is powerless against implanted synthetic surgical mesh. The mesh moves at will within the human body.

Movement of the mesh within the body, erosion, as it is so benignly described, is an irreversible complication. Removing the mesh from the human body when it causes complications is an Irreversible Complication. It is like removing gum from hair. No package insert for mesh from any pharmaceutical company states this.

Once the complication occurs, physicians do not know how to remove the mesh. Or it is physically impossible to remove because of where it is within the body. Explantation of surgical mesh has not been addressed on the package inserts or in the limited training of doctors who implant surgical mesh.

Very frequently mesh victims are substantially more harmed during the removal of the mesh, the explantation process, than from the irreversible complications of erosion. Daily torment from the complications of surgical mesh becomes a way of life for its victims.

The long term impact of these Synthetic Surgical Meshes on the lives of the victims, the load placed on the health care system, the load placed on the court system and on all Americans through increased premiums to major medical insurance companies who pay for the continuing care of Surgical Mesh Victims is staggering. This is a major medical catastrophe. The use of surgical meshes has to be completely stopped.

The FDA, the CDRH and HHS depend on an extremely flawed system to make determinations about recalling these dangerous medical devices and drugs. Who knows about the MAUDE database?

Certainly not me, until I nearly died from the surgical implantation of the Gynecare TVT System and its TVT device, Prolene polypropylene mesh.

Most people don’t unless they become seriously injured by a defective medical device or a dangerous medication.

Please do your part to remove Petroleum Based Synthetic Surgical Mesh from the marketplace completely.

Go to www.truthinmedicine.us.com and fill out the Worldwide Registry of Complications of Surgical Mesh.

The information will be compiled and given to Congress to force the FDA/CDRH to recall all Synthetic Surgical Mesh from the marketplace.

The site is secure and encrypted. No one will have your name or identifying information. The only one to see all the information will be me.

Your privacy will be protected by assigning a number to your submission to the Registry when used in the presentation to Congress.

Take the steps to stop this from happening to one more human being. Go to www.truthinmedicine.us.com right now. You can not change what happened to you. You can stop it from happening to another human being!!

God bless, Lana Keeton

With Great Pride, in Honor of My Amazing Incredible Father, Private 1st Class Kenneth Harold Keeton who served our country in World War II

KENNETH HAROLD KEETON

MARCH 4, 1923 - JULY 18, 1962

Yesterday I received copies of letters that my Father wrote to his Mother and younger sisters in 1943, 1944 and 1945 while he was serving in World War II in the Phillippines. Monday November 10, 2008...one day before Veteran's Day I get those letters! That's the best. A window into the world my Father lived while he was serving our country.

One letter he wrote his Mom while he was in basic training at Camp Mackall in Hoffman, North Carolina in March 1944 was signed "Love and good night again to all, "Pvt." Kenneth Harold Keeton....out to the left in the margin by "Pvt." he wrote "I'm proud of this." with an arrow pointing to it. Wow, that made me feel good.

That's the man who loved me and raised me to be who I am. A man who was proud to serve the in the armed forces of the United States of America and make it safe and free.

My Dad died of a heart attack at 39 one hot summer day in July 1962. Worst day of my life. But every single day of my life I know how much he loved me. That love has carried me through some unbelievably tough stuff in my life, but nothing that could ever compare to the time he proudly served our country, the United States of America in the 188th Glider Infantry in the United States Army during World War II.

I pray for every person that reads these words the kind of amazing love that I had from my Father.

God bless my wonderful loving Father and God bless America!

I'll see you in heaven Daddy! God, I miss you with all my heart. Give Mom a kiss for me. I know you are there together. In love and honor, your daughter, Lana

The Gold Standard of Medical Care Now!

THE ANSWER IS TRUTH IN MEDICINE!

The Human Body is powerless against synthetic surgical meshes used for hernia repair, pelvic floor dysfunction and bladder suspension, both male and female. Unfortunately, the ability to sue in state courts is not the answer.

The answer is TRUTH IN MEDICINE.

Petroleum Based Synthetic Surgical Meshes do not belong in the Human Body.

Surgical Meshes are foreign bodies and the body tries to expel this foreign body in any way that it can. The human body can not expel synthetic surgical mesh.

Despite extensive, well known published studies of the horrific complications of synthetic surgical meshes, the use proliferates daily. Commercialization of surgical mesh by multi-billion dollar pharmaceutical giants has substituted “surgical mesh kits” for good surgical skills.

Doctors, who would never consider doing a procedure knowing they do not have the requisite skills, are emboldened by the “mesh kits” that tout “minimally invasive, outpatient procedure”. “Local anesthesia, short recovery time, back to work in a few days.….just use this handy piece of polypropylene attached to this needle or ring or implantation mechanism and you can start your own assembly line. Line up those gurneys around your office, like the cars lined up at the McDonald’s drive thru.”

And a little “business enhancement program”, offered as an incentive by the pharmaceutical giants, builds the reputations and the practices of these unskilled doctors cum “skilled surgeons”. They become known throughout the community as innovators, leaders in this new and exciting world of petroleum based synthetic meshes as replacement parts for humans.

Never mind that human tissue is powerless against mesh. Never mind that this unskilled surgeon is incapable of removing the mesh once you have complications. Never mind that lack of skill of the surgeon is not the only reason mesh can not be removed. The worst of it is, removing the mesh is frequently a greater danger than leaving it in the body.

Human tissue has grown into the interstices of the mesh. Nerves have become entrapped in the mesh. Unskilled surgeons will send you to pain management. Uneducated surgeons will cut your nerves. Irresponsible surgeons will remove muscles and other parts…ovaries, uteruses, testicles, spermatic cords.

Doctors will remove pieces and parts of the human body, all the while denying mesh is the cause of the complications. Why will they deny mesh is the cause of the problem? They will be reciting the script given to them by the multi billion dollar pharmaceutical companies and medical device makers to keep the doctors and the pharmaceutical companies from being sued.

So here we are again.

The Doctor believes you will sue him for destroying your life as you knew it. All you want is a doctor who will treat you and make you whole again. Suing a doctor is not the answer to your horrific medical complications.

Truth in Medicine is the answer.

All you want is TRUTH.

All you want is MEDICAL CARE.

All you want is not to have to go to another doctor, not to have another infection, not to have another procedure, not to lose your job, to be able to pick up your grand baby, to be able to make love again, for the pain to stop.

That does not happen because Truth in Medicine no longer exists.

Today’s world of “confidentiality” protects doctors, hospitals, pharmaceutical companies, medical device makers, and the FDA. Nothing protects patients anymore. Patients have been dropped into the black hole of confidentiality so they will not know the truth.

How did this happen? What happened to Truth in Medicine? What happened to “First do no Harm”?

Looking back, Baby boomers have driven cultural changes in the U.S. for decades. In the 50’s there was a tremendous expansion of schools to serve boomers who were passing through the nations’ school systems. The list of changes driven by 80 million baby boomers passing through our society goes on and on.

McDonalds started serving hamburgers to millions and millions of Baby Boomers. Fast food created a fast food mentality about life in general. Nowadays, anytime one has to wait for something more than 15 seconds, 30 seconds, everyone is complaining.

This has translated into medicine…fast food medicine and disease mongering. While disease mongering made the uterus, ovaries and fallopian tubes diseases to be treated, Doctors found the hysterectomy to be very lucrative. Open surgical procedures were replaced by laparoscopic, faster recovery procedures. Hernia repair with surgical mesh became the norm, because doctors no longer have surgical skills to perform a traditional hernia repair.

First came synthetic mesh for hernia repair. Next came the Vaginal Prolift, Anterior and Posterior Lifts, and Bladder Suspension with surgical mesh kits.
Men’s and Women’s bodies are now enslaved to chronic pain and irreversible complications because the commercialization of mesh kits has replaced good surgical skills.

Let’s work together to stop the use of petroleum based synthetic surgical meshes in humans.

Let’s stop the commercialization of surgical mesh and mesh kits.

Let’s return to the answer: Truth in Medicine!

Want to discover more?

Stop, look and listen to Truth In Medicine! See my video clip as televised on WPLG Channel 10 News in Miami, Florida at http://local10.com/video/17492050/index.html