Recent studies show that elderly patients taking Avandia, or also known as rosiglitazone, have a 15% higher death rate than those taking a similar drug Actos, also known as pioglitazone.  Specifically, the drug appears to increase the risk of heart attacks, strokes or other cardiovascular events.  While additional research is suggested by the medical community, this is an important relationship that residents of nursing facilities and their families should keep in mind.  Those taking either of the drugs should consider talking with their treating physicians about the risks and benefits of these therapies, and whether other therapies should be considered as an alternative.  For more information click HERE for the full New York Times article.

With the economic crisis growing in the federal government, there has been quite a buzz recently on the issue of whether adult children should be required by law to support elderly parents who require assistance to pay for necessities like food, clothing, shelter and medical attention.  In fact, as a technical matter, 30 states in the US have just such laws. This opens an interesting dialogue of what could happen as funding for Medicare and Medicaid gets evaluated by state and federal governments.  Two such articles are HERE and HERE.

Given the recent election results, many experts are now thinking that there may be enough votes in the legislature and executive branches to pass a bill that will prohibit Mandatory Binding Arbitration.  This would be a welcome protection for residents of nursing homes and long term care facilities, who are often the unfortunate victims of oppressive arbitration provisions in admission contracts with facilities. It is our hope that the Arbitration Fairness Act, which has been sponsored by Sen. Russ Feingold, D-Wis., and Rep. Hank Johnson, D-Ga., will be passed as soon as possible in 2009. Click HERE for a recent Consumer Affairs article on this issue.

Alzheimer’s Disease is not just a disease of the elderly.  A little less than one percent of its victims are between ages 40 and 55.  Click this link to read The Wall Street Journal article about early onset Alzheimers’ effect on young families.

North Carolina adheres to a harsh rule which excludes experts in medical negligence cases from testifying to breaches of the standard of care unless they can show familiarity with the standard of care in the community where the alleged malpractice occurred or a similar community.  This rule of exclusion has resulted in numerous dismissals of valid claims based on the ‘same or similar community’ standard codified in N.C. Gen. Stat. 90-21.12, and a hodgepodge of inconsistent and confusing appellate opinions.  The rule stands in contrast to the reality on the ground:  the standard of care in practice is national in most instances.  Often ,the exclusions of plaintiff’s experts are based on their testimony at defense depositions, long before trial.  In the latest in the series of appellate opinions regarding the same or similar community rule, the N.C. Court of Appeals, in an unpublished opinion, reversed a trial court’s exclusion of one of two of the plaintiff’s orthopedic experts and resulting dismissal of the plaintiff’s lawsuit.  The opinion provides a ray of hope for plaintiffs: The court considered, in reversing the exclusion of one expert, an affidavit signed by the expert showing that, after his expert deposition, he did additional research and further familiarized himself with the standard of care in the same and similar communities.
Click HERE for more information.

November 6, 2008

Three people lost their lives in a recent North Carolina car accident, according to the Fayetteville Observer.

The driver who caused the North Carolina auto accident was speeding down the road when she lost control of the vehicle, crossed the center line, and struck an oncoming truck. The impact of the North Carolina auto accident tore her car in half.

All three occupants of that vehicle died at the scene of the North Carolina car accident.

Authorities said that speed and weather conditions were factors in the North Carolina auto accident.

Read More

The North Carolina car accident lawyers at HensonFuerst can help if you have been injured in a car accident

November 4, 2008

The Asheville Citizen-Times reported that a couple was killed in a North Carolina car accident over the weekend.

A man was driving a sport utility vehicle down the highway when he lost control of the SUV. The SUV went off the side of the road, hit a guardrail, came back to the road, and rolled over several times in the North Carolina auto accident.

Authorities said both North Carolina auto accident victims were wearing seatbelts and that alcohol was not a factor in the crash.

The highway was shut down for several hours after the North Carolina car accident.

Read more

The North Carolina car accident attorneys at HensonFuerst can help if you have been injured in an auto accident