Greed Greed everywhere: off label marketing, drug contamination and death

It hasn't been a good week for big Pharma. But it also hasn't been a good week for many who suffer as collateral damage due to the greedy and conscienceless. Someone finally plead guilty to the crime of marketing a prescription drug for doing what it was neither designed nor tested for doing.

Pharmaceutical employees plead guilty to violating Food, Drug and Cosmetic Act

Four people pleaded guilty Thursday to breaking federal law by marketing the drug Loprox to Kansas doctors as a diaper-rash treatment, the U.S. Attorney's Office said.
Loprox has been approved to treat infections only for patients older than 10.

These people that were arrested and fined in the Laprox case are small potatoes sales reps, not the big boys in the office. The big boys decide where their drugs are manufactured, while their pals in the FDA tell you which big boy product is best. The FDA also works hard to discourage you from getting cheaper drugs from Canada or Mexico. They say the cheaper drugs may be of inferior quality; and so, it is best to get your medicine from the American big boys. Guess what? Even the American pharmaceuticals (can we even call them that, aren't they multi nationals now?) are also made in foreign countries, and are of poor quality. In some cases, they have resulted in resulted in death.

Heparin Contamination Fiasco Reveals Dirty Secret of Drug Industry: Their Pills are Made in China!

But hold on: The FDA actually used to run full-page magazine ads warning consumers about the dangers of drugs being contaminated if they were bought from Mexico, Canada or -- God forbid -- the Internet! Those drugs were dangerous, the FDA warned us, because they were not subjected to rigorous quality control requirements. The implication in that warning, of course, is that brand-name pharmaceuticals sold in the U.S. at U.S. pharmacies must therefore NOT be contaminated.

Enter the blood-thinning drug Heparin. This blood-thinning drug, made by Baxter International, was recently discovered by consumers to have been manufactured in China. Worse yet, the quality controls in China were so low that this FDA approved, brand-name prescription drug was apparently deliberately contaminated with an adulterated chemical that has now resulted in the death of dozens of consumers in the United States

So far, then, there are three astonishing facts that have come out of this recent news about Heparin:

Fact #1: Most U.S. prescription drugs aren't even made in the U.S.

Fact #2: Many U.S. prescription drugs are made in China, a country widely known to have the lowest quality control standards in the world.

Fact #3: U.S. drug companies don't even run quality control checks on the drugs they import from China!

Secret medical studies and increased risk for death

Based on results from several clinical trials of blood substitutes, people were 30% more likely to die from using these products. I can't believe this data isn't being shouted from the loudest rooftops. The way some of these studies were conducted was appalling.

There have also been allegations where the manufacturers tried to hide the data. Then there are also issues with participants not having informed consent. The FDA allows this in some trials. This was the case with the blood substitute
polyheme. In some areas, whether people knew it or not, they were automatically participants in the blood substitute study, should they ever need blood in an emergency situation.

Paramedics are testing an experimental blood substitute on severely injured patients without their consent in an unusual study under way or proposed at 20 hospitals around the country.

The study was launched last month in Denver and follows similar research that was halted in 1998, when more than 20 patients died after getting a different experimental blood substitute.

Unless, a person was lucky enough to notice that biomedical studies were being conducted in which they could unwittingly be recruited, and they completed an opt form, they were participants period. In the bat of an eye, an accident happens, they need blood and it's polyheme, or some other product to the rescue. Only it increases the risk of death by some 30%.

Then there were all the protocol violations, reports of data witholding and god knows what else. A lot of this stuff was coming out in 2004, 2006 and a few university medical centers pulled out of the study, now in 2008 we are learning of how risky this polyheme product is while many have known this for a while now.

Apparently it wasn't just the US. Greed knows no borders and people die for it.

Patients endangered in 'secret science' trials of risky blood substitutes: Study

TORONTO — U.S. and Canadian regulatory rules allowed companies to conduct "secret science" that jeopardized the lives and health of hundreds of people who took part in clinical trials for a human blood substitute, even though earlier tests had shown the existing products were dangerous, researchers reported Monday.

A review of data from 16 clinical trials showed people who got blood substitutes were 30 per cent more likely to die than those who did not. And the risk of heart attack in patients who received the products was nearly three times higher, according to the study.

The authors and others suggested rules should be changed to require companies to publish study data promptly, especially negative findings that might red flag future such studies by other groups. And if they won't do so, critics say, regulatory agencies like the U.S. Food and Drug Administration or Health Canada should.

"If the research isn't published or otherwise made public, someone knows that the proposed therapy may be harmful, but that somebody won't tell anybody else," said Dr. Joel Lexchin, a York University researcher who closely monitors regulation of the pharmaceutical industry.

"So you have research ethics boards approving studies where the therapy may be dangerous. You have patients enrolling. You have the doctors who are running the trials undertaking them. . . . You've got all these people participating in something which is inherently unethical."

Both the FDA and Health Canada said data provided to them by drug makers is proprietary information and cannot be released without the consent of the submitting company.

"There are very distinct limitations to the FDA's ability to share information which is identified as confidential or trade secret," Dr. Jay Epstein, director of the office of blood research and review, said in a briefing for journalists.

"And that sort of information would not be made public under current laws and regulations."

A spokesperson for Health Canada said the drug regulator is looking at ways to try to increase transparency of clinical trials.

"Health Canada is currently exploring the development of a regulatory requirement for the registration of clinical trials and disclosure of results," Stephane Shank said via e-mail.

"While this work proceeds, Health Canada encourages sponsors and manufacturers to register their clinical trials of therapeutic products within 21 days of the trial's onset" in one of two international clinical trial registries.

The study was published Monday by the Journal of the American Medical Association in advance of a two-day FDA hearing on blood substitutes that will be held in Bethesda, Md., beginning Tuesday.

A safe substitute for human blood would be enormously useful, especially in theatres of war and in remote settings.

Researchers in the U.S. military and a number of biotech companies have been working for years to devise such products, aiming for something that would have a long shelf-life, wouldn't require refrigeration, would eliminate the risk of transmission of HIV or other blood-borne infections and could be given to anyone, regardless of their blood type.

But the products devised so far - called hemoglobin-based oxygen carriers or HBOCs - have been a disappointment. Despite numerous trials in a variety of different patient populations, they have failed to show benefit and, this new study reveals, have shown significant risk. Only one country, South Africa, has approved a blood substitute product.

The researchers, from the U.S. National Institutes of Health and the Washington-based consumer advocacy group Public Citizen, pooled data from 13 published studies, and three more for which results were either disclosed in a press release or in an FDA review. They made several attempts to get additional data from companies that had conducted studies but the requests were either ignored or rebuffed.

The authors were critical of the FDA for not requiring the companies to publish their findings, and for allowing additional trials to be conducted after the risk should have been apparent.

"At some point, somebody should have realized that we've tried it in trauma patients, we've tried it in surgical patients, we've tried it in stroke patients, we've tried many different formulations and we keep finding the same result," said Dr. Charles Natanson, lead author of the meta-analysis, a technique in which data from a number of trials are combined and re-analyzed.

"At some point, and we sort of argue in the paper that may have been the year 2000 . . . it was time to put a halt" to additional trials, Natanson said.

Canadian patients were also exposed to the risks in clinical trials of a product called Hemolink, which was made by a now defunct company called Hemosol Inc. The company conducted at least three trials of the product, though data from only two were included in the JAMA analysis.

Natanson, who is an advocate for patient safety in clinical trials, was paid $10,000 to review the data from a third trial when Hemosol was trying to decide whether to push on with the research. The company later went into receivership.

The company never published the findings and Natanson cannot comment on what he saw or recommended.

An editorial accompanying the review points out further studies of these products are underway or planned in a number of countries around the globe.

The authors, from the Ottawa Health Research Institute, argue future work on blood substitute products should not be allowed in humans until it's clear from animal studies that the products are likely to be safer.

Lead author Dean Fergusson, a clinical trials expert, said the withholding of the negative results meant ethics boards and trial participants could not accurately weigh the risks and benefits of the research.

"How can patients or their decision makers make truly involved consent without all this information? I think that's a huge message," said Fergusson, who reported he was paid a one-time fee of $500 for attending a Hemosol advisory board meeting.

The lack of disclosure suggests company stock prices were placed at a higher priority than the safety of people being asked to go into clinical trials, experts suggest.

"They didn't think beyond the four walls of their corporation, I think, quite frankly," Fergusson said of the companies.

Lexchin was more critical of Health Canada for treating unpublished studies as confidential information. "They're calling this business information, not health information," he said.

Epstein said the FDA's own analysis of the accumulating experience with the blood substitutes led it to conclude there were safety risks associated with the entire class of drugs. "It's because of FDA's safety concerns that there currently are no ongoing studies of HBOCs in the United States trials and no approved HBOC products."

But he challenged the Natanson article's contention that the risk should have been apparent by 2000, saying the FDA had access to information Natanson and his colleagues have not seen that suggested there might be benefits in some situations.

"Basically even though aware of certain safety signals, our reviewers determined that there were enough differences between products and their intended uses to support a careful weighing of individual clinical trial proposals, only some of which were allowed to proceed," Epstein said.

Vaccine problems at big Pharma

You bet Merck wanted to hide the report to as they say prevent "unwanted panic", more like unwanted loss of sales.



FDA report shows problems at Merck vaccine plant

Federal inspectors documented unwanted "fibers" on the stoppers of vaccine vials at Merck & Co. Inc.'s vast vaccine plant in Montgomery County.

They also found instances of contaminated children's vaccines and complaints that were not always investigated at the West Point plant.

Inspectors from the U.S. Food and Drug Administration spent 30 days at the plant between November and January and cited 49 areas of concern, including a failure to follow good manufacturing practices.

The findings are detailed in an unpublished 21-page FDA report obtained by The Inquirer under the federal Freedom of Information Act.

Independent experts who reviewed the report say it documents serious concerns in one of the country's premier vaccine plants. They suggested the problems could be a symptom of Merck's cost cutting in the face of rapid growth of its vaccine business.

"I would fault the management for not providing enough resources to do the work that needs to be done," said Scott M. Wheelwright, a biotech manufacturing expert and chief executive officer of the biotech consulting firm Strategic Manufacturing Worldwide, of Saratoga, Calif.

John T. McCubbins, who heads Merck's Global Vaccine Manufacturing and West Point Operations, disputed that assessment. He maintained that the division's employment had kept pace with vaccine production. He stressed that no contamination was found in finished vaccines and that Merck was addressing all the problems.

McCubbins stressed that Merck's own technicians - not FDA inspectors - had detected and reported most of the problems, which were found in the manufacturing process, not in vaccines themselves.

"We are absolutely confident in the quality of the product," McCubbins said.

The plant continues to operate, and the FDA has not ordered Merck to stop production or to recall any products.

The report comes as demand for Merck's vaccines is surging. The company began selling four new vaccines in 2005 and 2006, pushing up total vaccine sales from $1.1 billion in 2005 to $4.3 billion in 2007.

The West Point plant, where Merck makes most of its vaccines, has had issues before. Bulk production of varicella-related vaccine for chicken pox has been down for many months, leading to shortages. The supply of Vaqta for hepatitis A also has been disrupted.

In June 2006, the company paid $20 million in a consent decree with authorities after a chemical spill shut down recreation on the Wissahickon Creek and closed water-intake pipes on the Schuylkill.

In December 2007, the company voluntarily withdrew 1.2 million doses of the childhood vaccines PEDVAXHIB and COMVAX because executives said they could not guarantee the products' sterility.

In contrast to pills, vaccines are harder to make because they are produced by living organisms that must be grown under precise conditions and kept from contamination.

In their report, FDA inspectors criticized the company for making a manufacturing change involving the withdrawn vaccines in mid-2006 and later reversing course and citing the change as the cause for the withdrawal.

McCubbins said the recall showed the company's quality-control systems were effective. All the recent problems reflect the inherent difficulty of working with living organisms to make vaccines, he said.

"The primary driver when we get here is the quality of the products we produce," McCubbins said. Merck will resolve the agency's concerns, he said.

FDA inspectors spent a total of 30 days at the West Point plant between Nov. 26, 2007, and Jan. 17, 2008. The agency could go on to issue a warning letter and take other actions if its concerns are not addressed. The FDA declined repeated requests to comment.

The report cites cases where bulk lots of PEDVAX and ProQuad were contaminated. Unwanted "fibers" were found on the vial stoppers of MMR, the measles, mumps and rubella vaccine, among others. They were caused by "lesser quality" supplies from a vendor, the FDA report said.

The report noted defective vials had to be rejected twice to be discarded, and that one internal quality investigation went on for more than a year.

Several experts said no single finding was horrendous but that the overall pattern was troubling. "It's the sum of many small things that puts the whole operation in question," said consultant Wheelwright.

Merck is a fabled name in vaccines. It was at Merck that microbiologist Maurice Hilleman developed many of the most common childhood vaccines, which are credited with saving millions of lives.

Richard T. Clark, Merck's current chief executive, started as a quality inspector in 1972 and held several key manufacturing positions at West Point before his rise to the top.

That Merck would be having problems with FDA inspectors surprised several longtime company observers.

Sammie Young, a retired FDA deputy director, inspected the West Point plant early in his career and for many years oversaw vaccine-plant inspections for the entire agency.

"There are a lot of violations there [in the report]," Young said, after reading the report. "I'm surprised."

He said vaccine-makers were supposed to investigate vaccine lots if their use was associated with a death or a life-threatening event.

Merck failed to investigate two such cases, the FDA report said. A patient treated with the pneumococcal vaccine Pneumovax developed a half-dollar-size abscess and needed intravenous antibiotics to contain the infection. A pregnant woman who took the HPV vaccine Gardasil lost her baby, the FDA report noted. The Gardasil packaging warns against its use for pregnant women.

"I am concerned about the adverse-event reporting system," Young said. "It looks like the people didn't know when they were supposed to report. I find that hard to believe."

Wheelwright, a consultant with 25 years' experience in vaccine manufacturing, suspects that the workload could be overwhelming.

"I would not judge the plant as being out of control," he wrote in an e-mail. "There are numerous issues where they failed to comply with their own documentation and SOP [standard operating procedure] requirements. This suggests insufficient staff. There are other instances where the validation was insufficient. This also looks to me like overwork of the available crew. Sometimes in a plant where everyone feels overburdened . . . they give up trying to do everything and just try to keep their heads above water."

McCubbins disputed the criticism, saying the staff follows its procedures and investigates complaints. "There's always a level of interpretation," he said.

McCubbins said he feared the FDA report could create unwarranted "panic" about the firm's vaccines.

The plant would make changes, he said, "where we believe that the agency may have a point and often they do. Nobody's perfect."

Hepatitis infections tied to ex-nurse

Oh my.....
A nurse spreading hepatitis.

By ALICIA A. CALDWELL, Associated Press Writer Fri Mar 21, 4:35 AM ET

EL PASO, Texas - At least 15 military service members or their relatives are believed to have been infected with hepatitis by a nurse suspected of stealing their painkillers during surgery.
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The nurse, retired Army captain Jon Dale Jones, was arrested this month in Miami on federal charges of assaulting three of those patients and possession of a controlled substance by fraud.

Federal prosecutors said they believe Jones spread the disease in 2004 during surgeries at an El Paso military hospital by diverting fentanyl — a powerful painkiller often used for anesthesia — from patients to himself.

The outbreak — and the nearly three-year-long criminal investigation that followed — apparently did not prevent Jones from continuing to work as nurse in Texas and at least two other states and Washington, D.C.

Jones, 45, has pleaded not guilty and was released on bond.

"We are confident that when everything comes out in court, he will be exonerated and acquitted," said Jim Darnell, the nurse's lawyer.

Details surrounding the case remain sketchy. It's not clear how Jones allegedly transmitted the potentially deadly disease to his patients or obtained the drugs they were supposed to have received during surgery. Jones has denied using dirty needles.

Court records show the alleged victims include the son of a former Fort Bliss commanding general, an active-duty soldier, the wife of a retired Marine Corps gunnery sergeant and a retired Army chief warrant officer.

Staff Sgt. Ivan James Westrick, 33, of El Paso, was one of those allegedly infected with hepatitis C after a grenade blast claimed his left hand, lower arm and part of his right hand.

Michael Volk, an attorney representing Westrick and seven other infected patients, has filed lawsuits against Jones and the nursing agency that employed him at the Army hospital, claiming the infections caused irreparable harm and forced them to undergo extensive and aggressive medical treatments.

Volk declined to discuss the cases with The Associated Press and rejected requests for interviews with his clients following a federal judge's decision to put those lawsuits on hold pending the outcome of the criminal case against Jones.

Hepatitis C is a a blood-borne disease that can lead to cirrhosis of the liver or liver cancer. It is treatable, but there is no cure. Symptoms vary but can include nausea, vomiting, diarrhea, fatigue, pain and jaundice.

Court records show Jones tested positive for hepatitis C after the outbreak was discovered in October 2004. He was taken off the surgery unit but continued to work elsewhere at William Beaumont Army Medical Center as a civilian contract employee until June 2005. Army officials, who declined to comment on the details of the case, have said it's not clear whether he quit or was fired.

Paul Bracken, an El Paso lawyer representing Columbia Health Care, one of two contract companies Jones worked for at the Army hospital, declined to comment on the criminal and civil cases.

The Centers for Disease Control and Prevention linked Jones to the outbreak about a month after he left, saying he and infected patients shared the same strain of hepatitis C, according to court records. The FBI launched its own investigation a short time later.

Jones then moved to Washington, D.C., where he was a nurse at Georgetown University in August 2005, remaining there until he was fired in late 2006, according to Marianne Worley, a Georgetown spokeswoman. She declined to say why he was fired, but said the hospital is cooperating with investigators.

Jones next turned up in Florida, where last year he opened his own anesthesiology business, Jones Anesthesia, LLC. He was living there when he was indicted on Feb. 27 by a federal grand jury in El Paso on the assault and drug charges.

It remains unclear how much, if anything, agencies that license nurses in states where Jones has worked were told about the CDC and FBI investigations.

The Texas Department of State Health Services was notified that Jones tested positive for hepatitis C and it, in turn, alerted the Texas Board of Nurses.

It does not appear, however, that disciplinary action was taken against Jones, and his nursing license remained intact until he moved to Virginia. There also was no record of complaints or discipline in other states.

El Paso FBI Special Agent in Charge David Cuthbertson said CDC and Texas health officials were aware of the outbreak before the criminal investigation began. It was up to them to decide if others needed to be told about Jones or a possible public health risk, he said.

Experts said it is difficult to prevent a nurse, doctor or other health professional under investigation in one state from moving to and practicing in another.
[One should always keep this in mind and investigate the medical practitioner one choose to work with but below is a problem]

Most state health agencies will not share complaint information with other states before investigating the allegations internally, said Dr. John Schufeldt, a Phoenix emergency room physician and lawyer who handles malpractice cases.


"It would not be the first time and it probably won't be the last," Schufeldt said of health care workers who move while under scrutiny elsewhere. "

There at it again. Some doctors who are not so conscientious. A case can be made that well, if it saves lives...
The problems is this below

(NaturalNews) Doctors have been widely prescribing drug-coated heart stents for uses not approved by the FDA, according to two studies recently published in the Journal of the American Medical Association.

What are these drug coated stents and what are they supposed to do.

Stents are wire-mesh tubes that are widely used to prop open heart valves to prevent them from collapsing due to cardiovascular disease. They are often used in conjunction with medical procedures such as angioplasty.

In 2004, three years ago, the FDA approved stents coated with medication that makes blood vessels less likely to close again. They do this by suppressing the immune response that may stimulate growth of smooth muscle tissue in the stented area. Because of the effectiveness of this treatment in preventing restenosis (reclosing of the blood vessel), the new stents immediately became wildly popular with doctors. By 2006, 90 percent of all stents being prescribed were of the drug-coated variety, a market of $6 billion.

Now I wouldn't have a problem with this if it was known-from clinical trials and the like to really prevent heart attacks. Have there been trials?

According to the two new studies, in the rush to adopt the new devices, doctors ended up prescribing them for conditions for which they were not approved and their safety or effectiveness had not been tested. The studies found that approximately 50 percent of the coated stents installed in 2004 and 2005 were prescribed for unapproved health conditions.

The use of drug-coated stents dropped off slightly last fall, after they were found to increase the chance of deadly blood clots. However, 70 percent of the stents prescribed are still drug-coated. One of the new studies, which looked at 5,541 patients, found that patients treated with drug-coated stents had their risk of blood clots, heart attack and death more than doubled. Because the overall complication rate was only 2.5 percent even in sicker patients, however, the researchers pronounced the devices safe.

The authors of the second study, which looked at 3,323 patients, disagreed.

"Clinicians should be cautious about extrapolating the benefits of drug-eluting stents over bare metal stents," they said.

blood clots, increased risk of heart attack and death are not good. Everything has risks but the two studies here have conflicting interpretation of the data. I would love to look at all the data (time to pull out the journals).

Zyprexa and Diabetes Lawsuit Settlement

Just passing it on..


http://www.alexanderlaw.com/zyprexa/index.html

If you took Zyprexa* on or before March 2004, and you have developed diabetes, pancreatitis (inflammation of pancreas), ketoacidosis, hyperglycemia, seizures, diabetic coma, stroke, heart attack, amputation of a limb (due to diabetes), severe weight gain, or other medical conditions, you may be entitled to compensation. *(Zyprexa is also commonly misspelled as "Zyprixa, Zyprexia, Zyphrexa, Zypexa, and Ziprexa.")


At least 8000 people have developed serious conditions after using the popular antipsychotic medication, Zyprexa (olanzapine). Eli Lilly has agreed to pay nearly 700 million dollars to settle existing suits from people who have been harmed after using Zyprexa.

This settlement is based on allegations that the Zyprexa label in use before March 2004 did not contain adequate warnings regarding serious potential side effects. In addition, published reports indicate that as far back to the 1950’s, studies tied the use of Zyprexa and similar drugs to increased risk of diabetes, pancreatitis, hyperglycemia and other serious conditions. However, it is alleged that Eli Lilly continued to market Zyprexa without adequate warnings, even in light of this information.

If you or someone close to you used Zyprexa on or before March 2004 , and then suffered from diabetes, pancreatitis (inflammation of pancreas), ketoacidosis, hyperglycemia, seizures, diabetic coma, stroke, heart attack, amputation of a limb (due to diabetes), severe weight gain, or other medical conditions, you are urged to contact the law offices of Alexander Hawes, LLP at 800.921.1776 to speak to an attorney. The call is free, and there is no obligation.

Bad medical board or bad docs?

From AAPS news of the day.

DOCTORS SUE TEXAS MEDICAL BOARD FOR MISCONDUCT - Cites institutional culture of retaliation & intimidation

The entire Texas Medical Board (TMB) and its officials have been named in a lawsuit filed by the Association of American Physicians and Surgeons (AAPS). The complaint, filed this week in District Court in Texarkana, accuses the board of misconduct while performing its official duties, specifically:

1. Manipulation of anonymous complaints;
2. Conflicts of interest;
3. Violation of due process;
4. Breach of privacy; and
5. Retaliation against those who speak out.

Read more

Research Misconduct

From the Annals of Internal Medicine
Harold C. Sox, MD, Editor, and Drummond Rennie, MD

18 April 2006 | Volume 144 Issue 8 | Pages 609-613

In September 2003, the Annals editor, Dr. Sox, received a troubling letter from the provost of the University of Vermont in Burlington. The university had investigated alleged research misconduct by a former faculty member, Eric Poehlman, PhD, and determined that he had published fraudulent research in 3 journals. In its letter, the university referred only to the Annals of Internal Medicine article, a 1995 article on energy expenditure after menopause (1). After consulting the Uniform Requirements for Manuscripts of the International Committee of Medical Journal Editors, which mandates retraction in such circumstances (2), Dr. Sox published a brief notice of retraction in the 21 October 2003 issue of Annals (3). Soon after, Dr. Poehlman's lawyer asked Annals to retract the retraction until the federal Office of Research Integrity (ORI) had completed its ongoing investigation. After consulting with American College of Physicians legal counsel and top management, Dr. Sox called the ORI. The ORI properly said nothing about the case itself but did say that the letter from the provost at the University of Vermont was sufficient grounds for immediate retraction. In March 2005, the ORI announced its findings: Poehlman had published fabricated research in 10 articles, each in a different journal (4). Furthermore, he had included fraudulent findings in National Institutes of Health grant applications, which is a federal criminal offense. In the end, Poehlman agreed to acknowledge responsibility for fabricating data (5, 6) and pleaded guilty to a single charge of reporting false data in a funded grant application. He awaits sentencing.

Views Vary On Discipline For Doctors

Granted there are many good doctors out there and mistakes can happen. Some medical practitioners however, are downright negligent and consistently so. I call them psychopathic doctors. They are psychopathic in my view because they consistently and knowingly put their patients in harms way, cause harm, and have the cojones to try to shirk responsibility and avoid the consequences. When they do get punished it is often a slap on the wrist compared to the damage they actually cause.

Here an interesting article from the NY times regarding the difficulties of punishing the psychopathic doctor. For the real reason why a brush up on psychopathy may be in order.

Published: January 6, 2001

When the New York State Department of Health said last winter that Dr. Ehud Arbit had operated on the wrong side of a patient's brain, it presented the case as rock solid.

Investigators had interviewed dozens of witnesses at Staten Island University Hospital, where he was chief of neurosurgery, to corroborate the state's findings of various medical misdeeds, officials said. Dr. Arbit had also been accused of making the same error five years ago. The health commissioner, Dr. Antonia Novello, was so sure of her case that she forced the doctor to hand over his license while awaiting a hearing.

But a hearing committee charged with deciding Dr. Arbit's fate saw things differently. It cleared the doctor this week of most of the charges against him, upholding only one serious charge involving a spinal surgery. And though the committee found Dr. Arbit grossly negligent in that case, its penalty -- supervised probation -- stunned and incensed Dr. Novello, who immediately moved to appeal the decision.

How could there be such a disparity between a rare but serious set of allegations by the Department of Health and the ultimate finding of a hearing committee appointed by the commissioner

Read more

This is an old but interesting case because it gets to the heart of the matter regarding really bad medical practice. God forbid you come across some medical malpractice and you try to sort out the mess. Records are always missing or shoddy, usually a sign of a coverup. And if you think it's only in China this occurs think again.

Medical misdeeds are tricky operations

Shanghai Star. 2004-02-12

Before the Spring Festival, an Australian friend called me to say that his medical dispute with a local hospital which had lasted 29 months had finally been resolved.

"The hospital paid me 140,000 yuan (US$16,928) and apologized," Jason told me over the phone.

Exciting news of course, yet my second thought after I hung up forced me to calm down.

It was a hard-won case for Jason and his wife Jane, a Chinese Australian from Shanghai.

The couple had to fly back to Shanghai every two months to fight the dispute which involved the death of Jane's mother in 2001. I had earlier asked how much he had spent on the dispute and Jason, with a shrug, just said: "It's hard to count."

Although he had some Chinese origins, Jason knew little about China but his relentless pursuit to win the dispute has left him with a deep impression of Chinese inefficiency, legal loopholes and bureaucracy.

Almost every time when he came to Shanghai, I would meet him. I also accompanied him to the hospital at the centre of the dispute which was affiliated to Shanghai No. 2 Medical University, to the Shanghai Drug Administration, to the Shanghai Health Bureau, to the university and even to the police.

Jane's mother was hospitalized because of cancer and the couple then found themselves to be the victims of some of the evil tricks in the medical field.

They bought medicine from a drug vendor who was recommended by the chief doctor attending Jane's mother. Actually, such behaviour had been the subject of repeated warnings and has been banned by health authorities.

To make matters worse, they noticed that the medicine bottles for Jane's mother were different from those they bought. It was later discovered that the invoices from the vendor were false. Such strange occurrences convinced the couple that they had purchased fake medicine.

That was not the end of their misfortune. The poor manners and service of the hospital staff annoyed them too. One scene Jason repeatedly mentioned was that when abdominal fluid was being taken from his mother-in-law, the needle fell out of her abdomen onto the bed, and the doctor just reinserted it without taking any disinfection measures.

Jane's mother died a month after entering the hospital. Jane, who used to be a nurse, and who had doubts about the medical treatment, managed to get her mother's files. However, the files were a mess.

Every time, I heard Jason telling about their experiences, I could feel his dismay and I was also ashamed because what he saw was all negative about Shanghai.

In fact, medical disputes are not rare in China and doctors have also been blamed for malpractice in taking red envelopes from patients. Many people may have had similar experiences to Jason.

Yet, Jason might be luckier than them. If Jason had not been an expat, the case may still be unresolved.

The couple's business suffered because of the frequent travel between Australia and Shanghai. When the costs they incurred in pursuing the dispute are taken into account, the amount of compensation is minuscule. How could an ordinary person afford to pay so much to win such an expensive apology?

Jason said Jane was not very satisfied with the result. Although the hospital finally admitted their wrong-doings and punished the doctors concerned, the drug vendor was still nowhere to be found and the investigation into the invoices did not make any progress at all.

I could say nothing and his sigh reminded me of a word used by him - a nightmare.

starcomment@yahoo.com