Personal Injury Law Update

Congress: Repeal the McDarran-Pergusson Act, Now!

The McCarran-Fergusson Act currently exempts Health Insurance and Malpractice Insurance companies from antitrust laws. On September 17, 2009 Senator Patrick Leahy (D-Vt.) introduced the Health Insurance Industry Antitrust Enforcement Act to partially repeal this antitrust exemption. Antitrust laws exist, among other things, to protect consumers from the anticompetitive effects of one company (or small group of companies) exercising monopoly (or oligopoly) power in its respective market. The Health Insurance Industry Antitrust Enforcement Act subjects Health Insurance and Malpractice Insurance Companies to potential suit for engaging in only the most egregious anticopetitive conduct: price fixing, bid rigging and market allocation.

Critics argue that the McCarran-Ferguson Act's exemption of Health Insurance and Malpractice Insurance Companies from antitrust laws does not significantly contribute to the sky-rocketing cost of health insurance or the lack of competition in underserved markets. Even if that is the case, no one can argue that price fixing, bid rigging or market allocation, where that conduct occurs, does not harm the consumer. There are obviously bigger fish to fry in the healthcare reform debate, but that does not mean that this small fish should not be fried. And it is looking more and more likely that repeal of the McCarran-Ferguson Act will be part of any final healthcare reform package.

The Health Insurance Industry Antitrust Enforcement Act represents an important part of the healthcare reform debate--it represets a commitment to protecting the rights of consumers who have been harmed by anticompetitive acts. For certain increased regulation and a public option are the most important measures Congress can enact for fixing our broken healthcare system. But the Health Insurance Industry Antitrust Enforcement Act is a reminder that guaranteeing injured consumers access to justice through the courts must be part of any healthcare reform package. This is more so the case, for when goverment is too timid to act, the courts are the consumers' only optino and so when consumers are denied access to the courts they are in turn denied access to justice. Congress: repeal the McCarran-Ferguson Act now!

Seattle Researchers Find Methicillin-Resistant Staphylococcus Aureus (MRSA) on Washington Beaches

Methicillin-resistant Staphylococcus aureus (MRSA) is a bacterium responsible for several difficult-to-treat infections in humans most commonly contracted in hospitals and other healthcare facilities, and nursing homes and other long-term care facilities. Outbreaks have also been reported in prisons, and even from skin contact in gyms and locker rooms.

Earlier this fall, researchers in Seattle discovered that nearly all the Washington public beaches they tested harbored strains of staphylococci in the sand at the shoreline, with methicillin resistance in half of the strains found. The MRSA strains found resemble those commonly found in hospitals.

While researchers said they weren't telling people not to go to the beach, they recommended paying close attention to persistent rash, fever, and other tell-tale signs of MRSA infection after a visit to the beach.

Read the full story on MedPage Today.

FDA Confirms 13 Cases of Progressive Multifocal Leukoencephalopathy in Patients Receiving Natalizumab (Tysabri) for Multiple Sclerosis

The FDA announced earlier this fall that it had confirmed 13 cases of progressive multifocal leukoencephalopathy (PML) in patients receiving natalizumab (Tysabri) monotherapy for multiple sclerosis. There were no reported confirmed cases in patients receiving natalizumab for Crohn's disease, an indication the FDA approved in January 2008. However, according to the FDA, less than 2% of natalizumab use in the U.S. has been for Crohn's patients.

The first reports of PML from Tysabri surfaced in 2005. Because of the risks of PML, Tysabri is now only prescribed through a program developed by the FDA and the drug's manufacturer called The TOUCH Prescribing Program.

The FDA said the risk for developing PML appears to increase with the number of natalizumab infusions received. The 13 patients who developed PML received an average of 12 to 35 monthly infusions per patient. The average number of infusions received before the diagnosis of PML was 25.

Read the full story on MedPage Today. 

Even Low Levels of Lead Cause Problems in Children

As reported on MedPage Today, a recent study found that blood lead levels at least 50% below the currently recommended Center for Disease Control level were associated with greater anti-social behavior and poorer standardized test scores in children.

The reason children are particularly at risk for problems stemming from lead exposure is that the metal is more readily absorbed in their developing bodies and tissues. As researchers explained, kids absorb up to 50% of the lead they take in, as compared with adults who absorb only about 10% to 15%. Once in the body, lead tends to affect the peripheral nervous system in adults but can do permanent damage to the central nervous system in children.

Read the full article. 

Congress Holds Hearing on Link Between Football and Brain Injury

On Wednesday, Congress held a hearing on the legal issues relating to head injuries sustained by professional football players. Testimony was heard from Roger Goodell, the NFL Commissioner, as well as various physicians, retired football players, and others with expertise in the subject.

In his opening statement, the chairman of the House Judiciary Committee, John Conyers (D-Mich.), observed that over the last several years, an increasing number of retired professional football players have developed long-term memory and cognitive diseases, such as dementia, Alzheimer’s, depression, and Chronic Traumatic Encephalopathy (also known as “CTE").

Congressman Conyers further noted that reducing the long term mental and cognitive health risks from playing football was important not just for the future well-being of NFL players, but the safety of millions of football players at the college, high school, and youth levels playing in leagues that tend to follow the lead of the NFL when it comes to such medical questions as how to handle players who suffer concussions during football games.

Washington and Oregon Pilots Suspended for Air Traffic Safety Violations

Hard to believe, but here's a story about two Northwest Airlines pilots, one from Washington State and one from Oregon, who were were working on their personal laptop computers, lost track of time and place, and overshot their Minneapolis destination by 150 miles. The pilots also neglected to touch base with air traffic controllers despite repeated attempts by air traffic controllers in two states to reach the airliner. Northwest's dispatchers also tried eight times to contact the airplane, without response.

The Federal Aviation Administration said yesterday that it had revoked the licenses of the two pilots for, among other things, "operating their aircraft carelessly and recklessly."

Drinking Water Contaminated With PCE Tied to Birth Defects

Researchers recently reported that an expectant mother's exposure to drinking water contaminated with the solvent perchloroethylene (PCE) increases the risk of congenital anomalies in her offspring. In particular, exposure of pregnant women to contaminated water at the time of conception was associated with an increased risk of neural tube defects and oral clefts.

The findings come from a study of children who were born to mothers living in certain areas of Cape Cod, Massachusetts between 1969 and 1983. During that period, mothers had been exposed to PCE leaching into public drinking water supplies from the inner vinyl lining of water pipes.

Read further details about this research on MedPage Today.

Lead Poisoning Concerns Lead to Warning Against Eating Certain Imported Dried Plums

Earlier this month, the Texas Department of State Health Services warned consumers not to eat certain imported dried plums, as well as products containing imported dried plums, because they have elevated levels of lead.

Most of the products typically are sold as salted or candied treats in Asian and Hispanic markets, but also are available in other retail outlets. Officials believe the dried plums came from Asia, but an investigation to identify specific sources is ongoing. Test results from a Texas laboratory showed that the dried plum products contained lead levels ranging from 0.11 parts per million to 30.3 parts per million (FDA guidelines recommend a maximum of 0.1 parts per million).

For a list of affected products see here.

Voluntary Recall of Tylenol Products Due to Possible Bacterial Contamination

In late September, McNeil Consumer Healthcare, a division of Johnson & Johnson, announced a recall of twenty-one children's and infants' Tylenol products manufactured between April 2008 and June 2009 due to possible contamination with gram-negative bacteria Burkholderia cepacia (B. cepacia). The company stressed that the raw material in which the bacteria was found was isolated and was not used in the production of any finished product. However, it was decided, as a precaution, to recall all product that utilized any of the raw material manufactured at the same time as the raw material that tested positive for the bacteria.

Click here to read the full recall announcement with lot numbers (which can be located on the bottom of the box containing the product and on the sticker that surrounds the product bottle).

Swimming in Chlorinated Pools Raises Children's Asthma and Allergy Risks

A recent Belgian study found that teenagers who spent more than 100 hours swimming in chlorinated pools were up to six times more at risk of having asthma than other teens who swam mostly in pools sanitized with a mix of copper and silver. Similarly, the odds for hay fever were between three and six times higher for those who swam in chlorinated pools for more than 100 hours.

According to toxicologists, these figures mean that the impact of pool chemicals on the respiratory health of children and adolescents in terms of incidence of asthma and allergic diseases appears to be more significant than that associated with secondhand smoke.

Read the full story here.