fosamax

I recently mentored a CLNC^® consultant on how to help her attorney-client learn whether a plaintiff had been given Zimmer Duron Cup hip replacements (sales suspended due to high rates of failures) and I started looking at the sheer number of products that have placed us all at risk.

It’s just incredible. The diversity of recalls is amazing. Foods, products, supplements and, of course, implants – everything is out to get us. Think about it, we’ve learned that the peanut butter we pack for our children’s lunches is potentially contaminated with salmonella. The pistachios we sneak into the movie theatre may also be out to get us (more salmonella). The tuna sushi we snack on at happy hour elevates our mercury levels (I can always tell Tom the current temperature) and the “heart-healthy” salmon we eat for dinner is contaminated with PCBs (if it’s not wild Alaskan). When we microwave butter-flavored popcorn to enjoy with our Netflix movies on Sundays, we risk poisoning our family’s lungs. Even the red wine we drink to forget our other problems may have more contaminants than tap water. Take note for the future, even Poligrip and Fixodent (I’m not there yet) have been linked to peripheral nerve damage (so that’s what’s wrong with grandma!).

What’s a Certified Legal Nurse Consultant to do? We can’t live in a cave or go underground (due to Radon) until all this passes us by – because it won’t. Legal nurse consultants live and practice in a wide, wide world of torts and this world is just going to keep getting more complicated. I don’t believe drugs are the answer to all our problems as the pharmaceutical industry would have us believe. In the past I’ve discussed the medicalization of health issues and feel that the more we come up with cures or medications for conditions, that may not really be conditions, the more side effects we’ll see.

I agree that some people may need Digitek^® to control abnormal heart rhythms (recalled 4/25/09), Fosamax^® for osteoporosis (linked to ostenoecrosis of the jaw) or Ortho Evra^® birth control patches (for you know what) which are possibly exposing women to excessive estrogen (which has been linked to blood clotting, stroke and heart attacks). I don’t even know what Gadolinium is or what it’s used for but I’ll be sure to avoid it because there’s a warning out for it!

Products liability is a great field for Certified Legal Nurse Consultants and there are lots of attorneys practicing in this area – on both the plaintiff and defense sides. Accutane^®, Cipro, Byetta^®, Raptiva^®, Darvon^®, Oral Sodium Phosphate and Avandia^® are all subject to warnings, recalls or worse and the list just keeps growing. Just type any one of these drug names into Google and you’ll find lots of attorneys practicing in this field.

The Internet certainly makes things easier for us – not only to locate clients but to get the word out about what’s possibly harmful to us. Certainly, some of these warnings may end up being overblown, and may cause some panic or anxiety, but don’t you think we as consumers would rather be warned than taken by surprise? Shouldn’t we have the right to choose our drugs after we read about the potential side effects?

We live in tumultuous times and they’re being made into dangerous times. Take advantage of the resources available to us these days and learn about these harmful products not only to grow your legal nurse consulting business, but also to avoid harm to your family.

Success Is Inside!

P.S. Comment on your most recent products liability case.

How do you start your day? Does your breakfast contain a line of pills (and I don’t mean vitamins) longer than your middle finger? If you open your medicine cabinet too quickly is there an “orange avalanche” of pill bottles? Have you succumbed to the slick marketing of pharmaceutical companies like many of my baby boomer friends who daily whip out an array of drugs for restless leg syndrome, elevated cholesterol, reduced bone density and sleep deprivation?

If you read any magazine and look at the ads, you’ll see that the pharmaceutical companies have medicalized just about every illness, condition and quirk. Not only are drugs shamelessly marketed directly to potential “patients” but to the physicians who would and do prescribe them. My 27 years of experience consulting on products liability and medical malpractice cases as a legal nurse consultant have caused me to be very suspicious of pharmaceutical companies and the diseases they create, and of course, very agitating to my personal doctors.

My Italian grandmother lived a long life and never took a single prescription drug. In Italy, food is the drug, and she proved to me first hand that what I shove into my mouth directly impacts my energy level and the state of my health. Relax, this isn’t a blog on diet. I don’t advocate any particular diet but I try and stick to a Mediterranean diet (mainly for the spaghetti), it’s what keeps me a healthy size 4 (I wish).

I’m a small woman at 5′ 2½”. When I was diagnosed with osteopenia my physician immediately recommended Fosamax^®. Considering all the side effects of Fosamax, which I’m intimately familiar with because of products liability litigation, I rejected it outright, but I know others who haven’t and others who won’t when their time comes (good luck chewing your steak).

Instead I increased my vitamin D, calcium and vitamin K intake; hit the weights in the gym a lot harder and added a little jump roping; all without the help of estrogen (natural, artificial or otherwise). It took some serious discipline but in one year I had gained significant bone mass – at a time and at an age at which the vast majority of women lose bone mass.

My physician couldn’t believe it and in fact, seemed almost upset that I did it without her help (or her meds). Surely I was an anomaly. No matter the evidence, there was no way she was a believer. She continues to practice medicine like the typical pill-pushing physician who’s been brainwashed by the pharmaceutical companies. Thank God I’m a nurse and can think for myself.

But most consumers can’t, so that’s why the book Our Daily Meds: How the Pharmaceutical Companies Transformed Themselves into Slick Marketing Machines and Hooked the Nation on Prescription Drugs by Melody Petersen is one of my favorites on the pharmaceutical industry. Not a day goes by that I don’t read about a new drug’s serious side effects and the products liability cases generating from them. This book focuses on the institutional deception of pharmaceutical companies and is a must read for all Certified Legal Nurse Consultants who consult on pharmaceutical products liability cases, and even medical malpractice cases. The author discusses physicians’ less-than-appropriate relationships with the pharmaceutical industry and how it’s marketing, not science that drives these companies.

You won’t need this book to tell you what you probably already know, but it will help you think differently about your legal nurse consulting business and the CLNC^® services you provide to your attorney-clients in this drug-dependent age.

Add this book to your “must reads.” And be careful what you put in your mouth – remember doctors used to endorse cigarettes once upon a time.

Success Is Inside!

P.S. If you want a truly eye-opening book on food and diet, try this one: Good Calories, Bad Calories by Gary Taubes – it’s not a diet book and not a light read but will change your thinking (it got Tom off beer).

Lawyers USA, one of my favorite legal publications, reported that Fosamax^® lawsuits are set to take off in 2009. Fosamax^®, manufactured by Merck is used for treatment of osteoporosis.

700 plaintiffs are alleging that Merck failed to warn users of the potential risk of osteonecrosis of the jaw which causes the jaw to deteriorate. The plaintiffs also allege that the FDA upon approval in 1995 requested Merck to perform further testing and place a warning on the package.

Another reported alleged complication of Fosamax^® is atrial fibrillation.

Certified Legal Nurse Consultants interested in Fosamax^® litigation should research on the Internet both the plaintiff and defense attorneys representing these cases. Fosamax^® cases will undoubtedly increase in number, and will create a long-term legal nurse consulting opportunity.

The 30 CLNC^® services Certified Legal Nurse Consultants provide are relevant, and here are some examples of how you can apply these 30 CLNC^® services to Fosamax^® cases.

1. Assess all relevant prior medical records for causation and risk of osteonecrosis unrelated to Fosamax^®. (Example – history of receiving chemotherapy.)
2. Provide a detailed history regarding the plaintiff’s use of Fosamax^®.
3. Assess and provide a summary of medical records for evidence of osteonecrosis or atrial fibrillation and related injuries and damages.
4. Research, summarize and create a “library” of all relevant, peer-reviewed articles on Fosamax^® and its relationship to osteonecrosis and atrial fibrillation. Educate the attorney about the mechanism of Fosamax^®. Avoid nonauthoritative Internet services.
5. If working with an attorney who represents numerous plaintiffs, identify the percentage of plaintiffs who have osteonecrosis, atrial fibrillation or both osteonecrosis and atrial fibrillation.
6. Develop a plaintiff interview form focused on Fosamax^® to interview plaintiffs quickly and consistently.
7. Locating medical experts, i.e., pharmacologists and dental surgeons who are qualified to testify to alleged defect and causation issues. Communicate with experts on behalf of your attorney-client.
8. Analyze and summarize all medical expert testimony for accuracy, and both favorable and unfavorable opinions.

Fosamax^® cases will be a hot topic for years to come. This is the time to jump in and be part of this very interesting litigation. Incorporate these eight specific services when you market your legal nurse consulting business, and attorneys handling Fosamax^® cases will instantly see how you can save them time and money.

Success Is Inside!