Why do tort reform advocates support medical immunity over public safety

2010-03-03T23:30:00.003-05:00

Republicans in congress persist in calling for "medical malpractice reform" which is code for helping doctors and hospitals avoid personal responsibility for their actions. Since the only real incentive for medical providers to provide safe and proper care and treatment to the public is the knowledge that they will be held accountable for their actions in a court of law, limiting lawsuits will be detrimental to patient safety. Perhaps tort reform advocates think that 98,000 death per year from medical errors is acceptable? see www.98000reasons.org The civil justice system provides patients with a constitutional right to seek restitution for injuries caused by medical errors in a court of law. It also encourages patient safety systems that help prevent negligence before it occurs. Hospitals have reformed dangerous practices because of litigation. In some cases, entire medical fields have been transformed. What we need is medical reform that focuses on patient safety. As Dr. Delos Cosgrove, the CEO of the Cleveland Clinic one of the top hospitals in the world, stated in a recent interview in Fortune magazine, "At the end of the day, quality always brings down cost." This is a win-win solution. Let's get better, safer care for patients. Fewer medical errors means fewer lawsuits, healthier patients and lower costs.

FDA Recalls Hydroxycut

2009-11-12T12:24:00.002-05:00

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On May 1, 2009, the US Food and Drug Administration (FDA) issued a warning to consumers to discontinue use of Hydroxycut diet supplements manufactured by Iovate Health Sciences, Inc.

The FDA issued the consumer warning in response to 23 reports of adverse health effects associated with using the product. Liver damage is among the most serious health problem reported, but there also have been reports of seizures, cardiovascular disorders and muscle damage. There has been one reported death from liver failure and at least two people who required liver transplants for damage that has been attributed to Hydroxycut.

Hydroxycut products have been marketed as containing all-natural ingredients to help users lose weight, burn fat and enhance energy levels. Iovate sold more than 9 million Hydroxycut products last year alone, which are sold in grocery stores and pharmacies across the country.
At this time, the FDA is unsure whether it is the specific ingredients used in certain Hydroxycut products, the dosage or a combination of both that may cause liver damage and other health problems.

Products Recalled

In response to the FDA warning, Iovate Health Sciences, Inc. issued a voluntary recall of its Hydroxycut product line on the same day the FDA issued the consumer warning. The voluntary Hydroxycut recall includes the following products:

· Hydroxycut Caffeine-Free Caplets
· Hydroxycut Caffeine-Free Drink Packets
· Hydroxycut Carb Control
· Hydroxycut Hardcore Drink Packet (Ignition Stix)
· Hydroxycut Hardcore Liquid Capsules
· Hydroxycut Hardcore RTD
· Hydroxycut Liquid Shot
· Hydroxycut Max Aqua Shed
· Hydroxycut Max Caplets
· Hydroxycut Max Drink Packet
· Hydroxycut Natural
· Hydroxycut Rapid Release Regular Caplets
· Hydroxycut Regular Drink Packet
· Hydroxycut 24

Two Hydroxycut products — Hydroxycut Hoodia and Hydroxycut Cleanse — were not subject of the FDA consumer warning and have not been voluntarily recalled.

Iovate maintains that its own independent testing of Hydroxycut has not shown its product poses any health risks. The manufacturer also stated that the number of problems reported to the FDA about the product is minor when compared to the millions of people who use or have used the supplement.

Signs of Liver Damage

Although liver injury reports have been rare, it is important for anyone who has ever used the product to be aware of the potential signs of liver damage, including:
· Jaundice (yellowing of the skin)
· Brown urine
· Nausea and vomiting
· Excessive fatigue or weakness
· Stomach or abdominal pain
· Light-colored stools
· Loss of appetite
· Itching

If you have experienced any of these symptoms, you should be evaluated by a physician immediately. If you still have Hydroxycut products in your home, it is important that you stop using them now and return them to the place you purchased them.

Seek Experienced Legal Guidance

Companies that manufacture products for human use have a responsibility to the public to ensure that their products are reasonably safe. They also have a duty to warn people of any possible side effects or health problems that may occur from using their product. This includes diet supplements.

When a company produces a product that is harmful to consumers, it may be held legally responsible for any injuries caused by its product. If you or a loved one has suffered ill health effects after using Hydroxycut, you may have a legal right to compensation for your injuries. Contact an experienced attorney today to discuss your available options.

Kahn, Gordon, Timko & Rodriques, P.C.

Why do tort reform advocates support medical immunity over public safety

FDA Recalls Hydroxycut