January 31, 2012 in Legal, Legal Articles, Personal Injury by jferris

Connecticut Nursing Home Care Lapses Increase Risk of Harm to Residents

When nursing homes deviate from the standard of care that residents are due, they can cause serious harm. Recent incidents in Connecticut show how nursing homes lapsed in their patient care. The South Windsor Rehabilitation & Skilled Nursing Center was fined by the state Department of Public Health for two residents who had dramatic weight loss, and staff failed to properly take care of them. A nurse’s aide also hit a resident, and the facility failed to take action on this incident.

Facilities that withhold food, water, and medications can be found liable of negligence. Internal controls should be in place to monitor residents’ health, weight, eating habits, and concerns. These issues should be addressed, documented, and followed up in a resident’s care plan. It is the staff’s duty to follow and reassess treatment protocols as needed to ensure a patient’s wellbeing.

In certain circumstances, a profound failure to monitor nutrition and hydration can cause serious consequences, including death, in a resident. Lack of documentation and insufficient staffing can lead to liability. It is also a best practice to keep the senior’s family involved in the care, and alert them if care or food is being refused, the resident is combative, or needs other services.

An incident at St. Joseph’s Manor in Trumbull showed the facility did not provide an adequate environment to keep residents in the facility and prevent wandering or escaping. In the fall, two residents with dementia were able to leave the facility through a broken door that was open. Bayview Health Care Center in Waterford was also fined for not giving residents ID bracelets or other forms of identification.

Actively monitoring the premises is a must to ensure patient safety is upheld. Documented site inspections on a routine basis and security systems should be in place to protect residents. Access to facility vans and worker vehicles should be secure so that an enterprising individual cannot take off without warning.

Individuals and their loved ones who are concerned that a nursing home is engaging in neglect or abuse should contact the Connecticut Department of Social Services aging services division, which is in charge of adult protective services. Elder abuse or neglect can involve a wide range of concerns, including physical, emotional or sexual abuse as well as neglect, abandonment, and exploitation. A Connecticut nursing home abuse lawyer should also be contacted so that further harm is prevented, and a facility can be accountable for its wrongdoing.

Alexandra Reed writes for Connecticut personal injury law firm, Stratton Faxon. Contact Stratton Faxon to speak with a Connecticut accident lawyer about your personal injury, wrongful death, or Connecticut malpractice case. To learn more, visit Strattonfaxon.com.

January 25, 2012 in Legal, Legal Articles, Personal Injury by jferris

Deceptive Practices by Connecticut Supplement Companies Raise Liability Concerns

Recent news headlines show three Connecticut companies are in hot water after the state’s Attorney General has found them engaging in deceptive trade practices to lure consumers to purchase their weight loss supplements. The three Branford, Conn. companies’ sales and marketing tactics are claimed to have violated federal and state laws. The products consumers should be on the lookout for include NutraSlim, NutraSlim with HCA, QuickDetox, SlimFuel, LeanSpa, LeanSpa with Acai, LeanSpa with HCA, and LeanSpa Cleanse.

“Left unchecked, unfair and deceptive trade practices can cause substantial injury to consumers. We are pleased to take action to address these alleged practices,” said Connecticut Attorney General George Jepsen.

The companies’, LeanSpa LLC, NutraSlim LLC and NutraSlim U.K. Ltd., sales strategies were mainly based on the Internet to market their weight loss and colon cleanse products. They used fake news and consumer testimonials on their websites and engaged in deceptive financial practices that charged consumers when they should have been getting free trials or refunds. These companies took in excess of $25 million and consumers made more than 1,000 complaints to the FTC, Better Business Bureau, and the Connecticut Attorney General’s office.

Companies that sell weight loss products can pose great dangers to consumers if they engage in deceptive practices or do not have products that are compliant with FDA statutes and regulations. For example, the FDA recently sent out a warning that 20 weight loss supplements and pills being sold in the U.S. had the dangerous ingredient sibutramine. Ingredients that can have side effects or interact badly with other medicines have been shown to cause serious injuries and wrongful deaths. Misbranded or adulterated supplements and ingredients that have not been researched can also cause harm. The FDA shows that adverse events include strokes, pulmonary embolisms, acute liver injury, kidney failure, and death when manufacturers let tainted products get into the marketplace.

The FDA also inspects supplement manufacturers to make sure they are compliant with
Good Manufacturing Practice requirements. Controls should be in place to make sure that supplements are processed consistently and a manufacturer should have strong standards in place when working with suppliers to verify and test incoming ingredients for any tampering.

Supplement manufacturers are responsible for ensuring that their products are safe and will be effective when consumers use them as described on the label. Otherwise, they can be liable for harm done to an individual that is suffering from their negligence or carelessness.

Alexandra Reed writes for Connecticut personal injury law firm, Stratton Faxon. Contact Stratton Faxon to speak with a Connecticut accident lawyer about your personal injury, wrongful death, or Connecticut malpractice case. To learn more, visit Strattonfaxon.com.

December 28, 2011 in Legal, Legal Articles, Personal Injury by jferris

Deadly Connecticut Roofing Accident Highlights Worker Safety Gaps

A recent construction accident at the new Chelsea Piers sports complex highlights the safety precautions workers and employers need to take. The worker, Javier Salinas, died when he fell from the open roof to the ground 50 feet below. He was installing sheeting on the roof and did not have a harness on or straps as he was working. Two of Salinas’ brothers were also working that fateful day.

“This is tragic news for the family and friends of Javier Salinas, and our hearts go out to his loved ones as well as his colleagues,” said Connecticut Governor Dannel P. Malloy. “As we engineer and construct new buildings and repair old ones, we must remember that the work facing our builders and constructions trades professionals can be incredibly dangerous. Our thoughts and prayers are with Mr. Salinas’ family at this very difficult time.”

The Occupational Safety and Health Administration (OSHA) is investigating the incident. OSHA mandates that contractors and subcontractors have specific measures in place for fall prevention and protection. Falling is the number one cause of death in the construction business over all other forms of occupational death. Falling from high elevations, scaffolds, ladders, buildings and equipment is largely preventable.

Every year, $70 billion is spent on occupational fall incidents, including medical costs and workers’ compensation, reports the National Institute for Occupational Safety and Health (NIOSH). Yet every year, unsafe practices and little safety education continue to be a persistent problem in the construction industry. A deceased individual’s loved ones can go after the employer or a third party that led to the workplace accident in a wrongful death lawsuit. Employer or manager negligence or carelessness in following safety regulations, or manufacturer defects can make these parties liable for the unexpected death.

At a minimum, OSHA mandates that employers must identify fall hazards at a site, educate workers on how to avoid unsafe conditions and recognize them ahead of time, and provide appropriate equipment for safety. Part of this also involves continuing education to train workers in the latest prevention techniques.

OSHA will undoubtedly investigate why there were no guardrails or personal fall arrest systems in use at this multimillion dollar facility. Safety ropes and auxiliary equipment should have been in use and periodically inspected for wear and tear. And if weather conditions contributed to the incident that day, OSHA will determine if the employer put the workers in further peril by this too.

Alexandra Reed writes for Connecticut personal injury law firm, Stratton Faxon. Contact Stratton Faxon to speak with a Connecticut accident lawyer about your personal injury, wrongful death, or Connecticut malpractice case. To learn more, visit Strattonfaxon.com.

December 14, 2011 in Legal, Legal Articles, Personal Injury by jferris

Home Care Inspections Backlogged As Concerns For Patient Safety Rise in Connecticut

As the senior population grows and individuals seek care outside of hospitals and nursing homes, the demand for home care workers increases. In Connecticut, the Department of Health (DPH) is supposed to inspect Medicare-certified home health agencies every two to three years according to federal rules. But the state finds itself in a six-month backlog and patient safety advocates wonder how this will affect patient care.

Home health agencies have been found in violation and fined for compromising patient health. For example, the Berlin Visiting Nurse Association had violations this year for not testing blood sugars on a diabetic patient, not following a doctor’s dietary orders or obtaining safety equipment, and not alerting social service authorities about a family that needed their assistance. When wrongdoing causes serious harm or a wrongful death, an individual or their family can seek legal action through a Connecticut personal injury attorney to hold the guilty party accountable.

Added to the problem in Connecticut, the DPH does not have the legal authority to levy serious fines. Currently, the Centers for Medicare & Medicaid Services (CMS) are creating regulations to help penalize and enforce measures with home health agencies. The Connecticut DPH hopes to catch up with the backlog of inspections with new management practices.

But in the meanwhile, individuals and their loved ones are concerned that problems could still arise with agencies and home care workers that do not provide the standard of care they deserve. Medication mismanagement, hospital readmissions, and patients not getting better or more mobile are still occurring. The American Association of Retired People (AARP) rates Connecticut high for long-term care, but puts the state as number 45 for hospital readmissions. AARP estimates that “…more than 2,000 hospital readmissions could be avoided annually if Connecticut improved its performance.”

It all comes down to home health care workers communicating between the patient’s primary care physician, hospitals, the health agency, and accessing the latest community services. “At home a person is completely at the mercy of when the staff comes and what they do when they’re there,” said Judith Stein, executive director of the Center for Medicare Advocacy in Willimantic. “Often, there is no one there to observe and protect.’’

Alexandra Reed writes for Connecticut personal injury law firm, Stratton Faxon. Contact Stratton Faxon to speak with a Connecticut accident lawyer about your personal injury, wrongful death, or Connecticut malpractice case. To learn more, visit Strattonfaxon.com.

November 28, 2011 in Legal, Legal Articles, Personal Injury by jferris

New Connecticut Law Bans Using Flammable Gas To Clean Gas Pipes

An important piece of legislation was recently passed by the Connecticut legislature that prohibits the use of flammable gas to clean an electric facility’s gas pipes. Last year, a power plant blast at the Kleen Energy System facility in Middletown killed six workers and injured 20 others when a natural gas line was being cleaned. This legislation is the first ruling regarding this in the United States.

The U.S. Chemical Safety Board said the 2010 incident was “entirely preventable” but there was no law or safety mandates in place to prevent this common practice in the industry. Accumulated gas ignited during the cleaning on the new gas piping and caused a massive explosion that led to many lawsuits and the need for more aggressive legislation to protect workers and surrounding areas.

The new legislation, H.B. No. 5802, states that anyone who “…uses flammable gas to clean or blow a power plant’s gas piping or obtains a power plant building certificate and fails to retain the required special inspector or pay the fire marshal training fee” can face a fine up to $100,000 or a prison sentence of two years, or both. A person or business that is constructing a power plant will only be issued a certificate to build if they have a special inspector that partners with the local fire marshal on construction plans and construction inspections and pays a fee in accordance with H.B. 5802 to train local fire marshals on power plant construction concerns. During the construction process, safety issues are addressed and the fire marshal will let the facility know of any concerns that must be resolved before construction can be completed.

When cleaning a gas pipe, dirt, air, welding debris, construction debris and other ignition sources are released that can cause an explosion. Controlling or lessening potential ignition sources near or in the gas lines is critical to protecting workers’ safety. Ignition sources such as live electricity at the site, welding operations, and gas-fueled torch heaters contributed to the tragic Kleen Energy explosion in Middletown, Conn. Purging the lines with inert gasses like nitrogen or air will completely eliminate this explosion risk. Despite the well-known explosion risk, natural gas, one of the most explosive mediums known to man, was used to purge the lines at the Kleen Energy Plant in Middletown on SuperBowl Sunday 2010. The power plant owners were seeking financial bonuses for a rapid start up that influenced their choice of using explosive gas as a purging agent as opposed to an inert substance that would take longer to deliver to the site, thus delaying start up. These financial factors, combined with hundreds of violations of basic safety procedures, led to catastrophic injuries and untimely deaths in Conn., as well as similar explosions in other states.

H.B. 5802 helps to institute new steps to prevent deadly cleaning practices. And hopefully it will also renew a commitment to following safety checklists so that worker safety is upheld.

Alexandra Reed writes for Connecticut personal injury law firm, Stratton Faxon. Contact Stratton Faxon to speak with a Connecticut accident lawyer about your personal injury, wrongful death, or Connecticut malpractice case. To learn more, visit Strattonfaxon.com.

November 21, 2011 in Legal, Legal Articles, Personal Injury by jferris

Connecticut Personal Injury Victims of Errors at Rehab and Elder Care Facilities

Errors at multiple Connecticut rehabilitation and nursing home facilities put residents at risk. The Gaylord Farms Rehabilitation Center in Wallingford failed to secure the facility’s van keys and did not take more aggressive steps to prevent a patient from leaving their facility. As a result, a patient with traumatic brain injuries was able to drive off and died in a subsequent auto accident. The Connecticut Department of Public Health noted that keys should be in a locked and secure location away from residents.

Connecticut Health of Southport, a nursing home, also put residents in peril. It was recently fined for not giving medications to a resident with pneumonia and did not take precautions to alert staff and visitors about MRSA infected patients. This facility’s infection control program was found to be based on 1983 guidelines and had not been reviewed for more than four years by the state. The company has since submitted an infection control plan to the state department of health.

In Milford, the West River Health Care Center was fined for not providing adequate care for a patient with an arm injury and another with a leg injury. Equally as concerning, the facility had an employee that made 13 debit card transactions with a patient’s debit card last year.

Rehabilitation and elder care facilities, along with other health care and long-term companies, owe their patients an adequate level of care and supervision. Staff must be trained appropriately, management must have a sufficient level of personnel to adequately monitor them around the clock, and the staff must take steps to prevent injury and harm. Facilities that put patients in peril are at risk of fines and being shut down. Also, patients and their loved ones can seek a Connecticut personal injury lawyer or Connecticut wrongful death lawyer to seek compensation for their pain and suffering.

Willful or negligent behavior by a facility’s staff should not be tolerated. Every person that seeks assistance through a nursing home or rehab center is entitled to receive adequate care and professionalism. Otherwise, a resident can sue the person or the facility that caused their injuries. Individuals and their loved ones should sufficiently research a facility before entering it to review its performance. Medicare has a nursing home comparison database for facilities nationwide to help individuals make smart decisions.

Alexandra Reed writes for Connecticut personal injury law firm, Stratton Faxon. Contact Stratton Faxon to speak with a Connecticut accident lawyer about your personal injury, wrongful death, or Connecticut malpractice case. To learn more, visit Strattonfaxon.com.

October 27, 2011 in Legal, Legal Articles, Personal Injury by jferris

Psychiatrist at Center of Wrongful Death and Malpractice Cases for Excessive Prescriptions

Allegations of wrongful death and medical malpractice have led state regulators to suspend the license of a Connecticut psychiatrist. The state Department of Public Health and the Medical Examining Board will soon decide if psychiatrist Gerson Sternstein will have his licensed revoked and be fined $50,000. He has been practicing psychiatry for more than 20 years, but in 2007 and 2009 he “grossly overprescribed narcotics to drug-addicted patients at his office,” the board said.

The medical board found that he prescribed opioids, narcotics, and tranquilizers in high doses and in fatal combinations. Patient exams and assessments were inadequate, even when patient drug abuse was evident. Connecticut law states that opioid analgesics can only be used for legitimate medical reasons; inappropriate prescribing and use of them can lead to drug abuse and harm patients and the society.

Instead of addressing his patient’s psychiatric needs, two lawsuits against the doctor allege that he led group sessions where addicts would get prescriptions refilled and trade stories of making money off drugs they were reselling. One male patient in his care died after taking Oxycontin, methadone and the anti-psychotic drug Seroquel. He was given 480 milligrams of methadone per day, whereas the recommended dose is five to 30 milligrams, and 480 milligrams of Oxycontin daily, which has a recommended dose of 20 to 160 milligrams. A female patient died of an anti-depressant overdose. Both patients were in their mid 20s to early 30s when they passed away.

Adult mental illness, when left unchecked, can lead to serious concerns. “We know that mental illness is an important public health problem in itself and is also associated with chronic medical diseases such as cardiovascular disease, diabetes, obesity, and cancer,” said Dr. Ileana Arias, principle deputy director of the Centers for Disease Control and Prevention (CDC). “The report’s findings indicate that we need to expand surveillance activities that monitor levels of mental illness in the United States in order to strengthen our prevention efforts.”

These patients are at a higher risk of alcohol and substance abuse, and definitely need the expertise of qualified medical professionals to get them back on the path to health. When individuals or their loved ones are dealing with a wrongful death due to a physician or health care professional’s negligence or carelessness, they need to seek prompt legal action.

Alexandra Reed writes for Connecticut personal injury law firm, Stratton Faxon. Contact Stratton Faxon to speak with a Connecticut accident lawyer about your personal injury, wrongful death, or Connecticut malpractice case. To learn more, visit Strattonfaxon.com.

October 13, 2011 in Legal, Legal Articles, Personal Injury by jferris

Nursing Home Failed to Give Residents Medication in the Latest Case of Elderly Neglect

Recent incidents of nursing home neglect are raising some serious concerns in Connecticut. At a facility in Danielson, residents were not being given medications as ordered by their doctor. Medications were withheld in 18 cases and unused medicines were found on nurses’ supply carts. Patients who have congestive heart failure, seizures, diabetes, and hypertension did not receive medicines they needed. In the worst case, a diabetic patient was not given Glucophage for seven months.

Regency Heights of Danielson, the nursing home at fault, faces a $3,000 fine from the Department of Public Health. Ciena Healthcare owns this nursing home and many others throughout Connecticut and Michigan. After the incident, the director had staff re-educated on medication procedures.

In the second quarter of 2011, 16 nursing homes were assessed civil fines by the Connecticut Department of Public Health. Failure to monitor patient conditions, administer medicines, prevent falls and accidents, and carry out reasonable patient care happens all too often.
The state’s Office of the Commissioner of Social Services and its social workers will investigate a nursing home or long-term care facility that is compromising a person’s legal rights and livelihood. Abuse, abandonment, neglect, and exploitation of the elderly can cause serious injuries and even death.

“There is a need for more training and resources for adult protective services,” said U.S. Senator Richard Blumenthal (D-CT). “My hope is that Connecticut will see more federal funding – it’s one of my priorities.”

Blumenthal is the chairman of the Senate Special Committee on Aging and says that state and national efforts need to increase to not just punish elder abuse but deter it. He is looking to create an Office of Elder Justice at the U.S. Department of Justice and increase elder abuse penalties.

Family members, health care professionals, and individuals must speak up when elder abuse occurs. State social services and a Connecticut nursing home abuse attorney should be promptly contacted to uphold the elderly person’s rights. Careless and negligent caregivers and facilities are accountable for their actions.

The skilled Connecticut nursing home abuse lawyers at Stratton Faxon have successfully litigated and settled nursing home and elder abuse cases. The law firm is dedicated to seeking justice for the elderly, thoroughly investigating a case, and has access to leading expert witnesses. They are revered by their peers and clients for the highest quality of service and winning verdicts.

Alexandra Reed writes for Connecticut personal injury law firm, Stratton Faxon. Contact Stratton Faxon to speak with a Connecticut accident lawyer about your personal injury, wrongful death, or Connecticut malpractice case. To learn more, visit Strattonfaxon.com.

September 29, 2011 in Legal, Legal Articles, Personal Injury by jferris

FDA Voices Serious Concerns with Surgical Mesh for Pelvic Organ Prolapse

Women who have surgical mesh implanted to repair their pelvic organ prolapse (POP) should pay close attention to the U.S. Food and Drug Administration’s (FDA) latest alert. Since 2008, they have warned that the mesh could cause serious complications after surgery. But with the latest safety communication in July, the FDA says that “…serious complications associated with surgical mesh for transvaginal repair of POP are not rare. Furthermore, it is not clear that transvaginal POP repair with mesh is more effective than traditional non-mesh repair in all patients with POP and it may expose patients to greater risk.”

Surgical mesh is made by many different manufacturers and in 2010, these implant procedures were done on 100,000 women for POP, with 75,000 of them via transvaginal methods. The mesh helps to repair weakened or damaged tissues that help keep the pelvic organs in place for patients with POP and stress urinary incontinence (SUI). The FDA estimates that 30 to 50 percent of women can develop POP during their lifetime.

The most frequent complication of the surgical mesh is erosion of the mesh through the vagina. FDA’s review found that this problem can trigger the need for numerous surgeries and can cause pain, bleeding, infection, organ perforation, and urinary issues. Additionally, some patients have reported neuro-muscular issues, vaginal scarring and shrinkage, recurrent prolapse, and emotional distress.

“There are clear risks associated with the transvaginal placement of mesh to treat POP,” said FDA’s Center for Devices and Radiological Health deputy director Dr. William Maisel. “The FDA is asking surgeons to carefully consider all other treatment options and to make sure that their patients are fully informed of potential complications from surgical mesh.”

In early August, The American Journal of Obstetrics & Gynecology published a study involving more than 500 patients who underwent Prolift mesh repair between 2005 and 2009. Globally, more than 11 percent of the patients had to get surgeries after the initial implant of the mesh. Consequent surgeries were needed to correct urinary incontinence, mesh complications, and the recurrence of prolapse.

The FDA says that all manufacturers must review the safety and effectiveness of their mesh products. In early September, the FDA will review mesh and other OB/GYN devices during their Medical Device Advisory Committee meeting.

Women who were not given proper warnings by their doctor or have suffered injuries due to a manufacturer’s surgical mesh should seek legal action for their pain and suffering, lost wages, and medical bills. Patients can utilize other surgical procedures to remedy POP and SUI that do not involve mesh.

The Connecticut personal injury attorneys at Stratton Faxon are one of the top three plaintiff law firms in the state. They have helped many individuals recover millions of dollars for their losses, including medical bills, loss of income, and pain and suffering. They are revered for tenaciously working to prove that the guilty party has a legal responsibility for your injury and that the damages claimed reflect the total extent of your injury or loss.

For more information:
www.strattonfaxon.com
59 Elm Street
New Haven, CT 06510
Telephone: 203.624.9500
Facsimile: 203.624.9100
Toll Free: 866.351.9500

Alexandra Reed writes for Connecticut personal injury law firm, Stratton Faxon. Contact Stratton Faxon to speak with a Connecticut accident lawyer about your personal injury, wrongful death, or Connecticut malpractice case. To learn more, visit Strattonfaxon.com.

September 23, 2011 in Legal, Legal Articles, Personal Injury by jferris

Man Guilty of Securities Fraud for $10 Million in Losses in Connecticut

Securities fraud does not just happen in the big financial capitals around the world. In late July, an Easton, Conn. man pleaded guilty to securities fraud, money-laundering, and mail and wire fraud. Gregory P. Loles falsely represented himself to investors and fellow church attendees where he was on the board of the church’s endowment fund. He told his victims that he was an investment adviser and their monies would be invested in Apeiron Capital Management, Inc. Little did they know that Apeiron’s registration at the U.S. Securities and Exchange Commission was canceled in 1998. He also told them that monies in the church’s building fund would be invested in Arbitrage Bonds, which did not even exist.

Victims from the church invested more than $10 million with him through the church in Orange, Conn. They took monies from their 401(k), IRA, and life insurance payments in hopes of gaining more through his investments. Loles did not invest the money as he claimed, and used the funds for his own credit card bills and to run the professional auto racing team at Farnbacher Loles. He was the majority owner and managing member of the team, and also swindled members out of money there too.

Part of Loles’ ruse included giving investors fraudulent account statements and payments from other victim investors’ funds to make the operation seem legitimate. The FBI and the U.S. Securities and Exchange Commission investigated the wrongdoing, and after being prosecuted by the Assistant U.S. Attorney Michael S. McGarry, Loles faces up to 20 years for each count as well as restitution.

Individuals who suffer a loss because of their financial consultant, and not the natural ups and downs of the stock market, can take legal action to recover their monies. Claims can be filed against a stockbroker. Individuals should seek a qualified attorney who is a member of the Public Investor Arbitration Bar Association (PIABA), as they will have the research and securities litigation skills to make your case stronger.

The Connecticut stock market loss attorney team at Stratton Faxon has a strong track record of defending victims of securities fraud. They obtained the first verdict in the nation against Salomon Smith Barney for fraudulent analyst reports when Global Crossings securities were sold to its customers. Salomon Smith Barney is now a part of Citigroup Global Markets Inc. The lawyers at Stratton Faxon are accomplished Super Lawyers and seen as part of The Best Lawyers in America.

For more information:
www.strattonfaxon.com
59 Elm Street
New Haven, CT 06510
Telephone: 203.624.9500
Facsimile: 203.624.9100
Toll Free: 866.351.9500

Alexandra Reed writes for Connecticut personal injury law firm, Stratton Faxon. Contact Stratton Faxon to speak with a Connecticut accident lawyer about your personal injury, wrongful death, or Connecticut malpractice case. To learn more, visit Strattonfaxon.com.