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Saturday, August 31, 2002

Journal Club Free CME Program: Chronic Renal Disease
Our journal club has selected a new continuing medical education article on the topic of chronic renal disease. Click Here to view the program online. For information on how to earn Category 1 CME online through our journal club, click here. Currently, this program is being offered free of charge.  

Topical Salicylic Acid Only Proven Effective Treatment for Warts
This review concluded that the only proven safe and effective treatment for cutaneous warts is topical salicylic acid. Comment: this review doesn't conclude that the other treatments are *not* effective, only that there is limited evidence in the literature that they work. [ BMJ 2002;325:461 ( 31 August ) ]  
Friday, August 30, 2002

Report: Vast Majority of Infertility Website are of Low Quality
This study of infertility websites concluded that only 1 in 50 sites meets minimal standards for quality and accountability. Comment: the standards used for this study are subjective, but the conclusion that "you can't always believe what you read" is certainly as true online as offline. [ Journal of Midwifery and Women’s Health 2002;47:264-8 ]  
Thursday, August 29, 2002

Availability of Firearms Increases Suicide Rates
This study found that suicide rates are higher in the US regions and states where household firearm ownership is high. Comment: this study did not examine whether or not suicide *attempts* were associated with household firearm ownership, only that actual suicides where higher where guns were more available. This makes complete sense, because firearms are the most preferred and effective suicide instrument. Since it is unlikely that major changes in gun ownership will happen in the near future, the key message is that removing guns from the home is a key part of the treatment of depression. [ Epidemiology 2002; 13(5):517-524 ]  
Wednesday, August 28, 2002

Warming Arm Improves IV Starts
This study of 140 patients found that warming the hand and forearm for 15 minutes with a heating mitt increased the chances of success with an 18 gauge needle and also decreased time for successful cannulation. Comment: common knowledge, but a good reminder. [ BMJ 2002;325:409 ( 24 August ) ]  

Sensitivity to Mold Associated With Severity of Asthma
This study found that sensitivity to molds was associated with increased severity of asthma. Comment: sensitivity to molds is already known to be a risk factor for life-threatening asthma exacerbations. Decreasing mold exposure should be a primary goal among adult asthmatics. [ BMJ 2002;325:411 ( 24 August ) ]  
Tuesday, August 27, 2002

Not Wearing Your Seatbelt? Don't Count on the Airbag
This study found that the use of passenger airbags wasn't helpful in preventing death unless the passenger was an adult with the seat belt buckled. Among children, the evidence was not conclusive but suggested that children younger than 13 years should not sit in front of an active air bag. Comment: the most important thing is to always use your seat belt when in a motor vehicle. [ Epidemiology 2002; 13(5):525-532 ]  
Monday, August 26, 2002

US Correctional Population at Record High
The number of US adults either imprisoned or on parole has hit an all-time high, with 3.1% of all adults in the correctional system. Comment: approximately 1 in 32 adults in the US is either in jail, in prison, on probation, or on parole. The US is one of the most oppressive countries in the world in terms of imprisoning its population, yet it remains one of the most violent. The reason may be that the legal system (and politicians) focus so heavily on the failed war on drugs. Politicians need to be grilled with such questions as "why do you support imprisoning so many Americans?", "what do you plan to do to allow police to focus on catching violent criminals?" , "why are you opposed to letting doctors prescribe medical marijuana?" and "why do you support prosecuting doctors who prescribe medical marijuana?" We need *real* solutions from our politicians- not mindless prohibition nonsense. Placing so many people (1 in 32 adults) in the correctional system can't be the right answer to the nation's violent crime problem. [ CNN.com Law Center, August 25, 2002 Posted: 8:17 PM EDT (0017 GMT) ]  
Sunday, August 25, 2002

Harris Poll Shows Growing Desire for Radical Changes in US Healthcare System
A recent Harris poll reveals that both the public and healthcare professionals are becoming increasingly more dissatisfied with the health care system. Approximately 50% of all groups surveyed expressed a desire for radical changes in the system. Groups surveyed included the general public, employers, physicians, hospital managers, and health plan managers. Comment: the only groups that don't want to do very much appears to be the politicians and lawyers. The politicians have yet to show any backbone. Lawyer groups consistently oppose any change in the current tort system that is decimating the health care field. [ Health Care News Volume 2, Issue 17, August 21, 2002 ]  
Saturday, August 24, 2002

Hollywood Increases Violence on TV
Hollywood continues to pollute our airwaves with irresponsible violence. This time it's torture. In the 1999-2000 season, there were 32 instances of torture, in 2000-2001 there were 47, and in 2001-2002 there were 70. Comment: it is well documented that television programs affect behavior. This increase in torture scenes on television will undoubtedly increase the number of real people being tortured. Hollywood nevertheless continues to act irresponsibly and look the other way.[ Christian Science Monitor, 23-Aug-2002 ]  
Friday, August 23, 2002

Trawler Fisherman & Seafarers Most Dangerous Jobs
In the United Kingdom, seafarers (seamen) and trawler fisterman have the most dangerous jobs. The fisherman are 50 times and seafarers more than 24 time more likely to die from a fatal accident ate work compared with other British workers. Comment: working in Alaska, I experienced up close the risks and dangers of this type of work. I especially admired the crab fishermen. A good movie about these risks, and the incredibly hard-working people who do this type of work, is The Perfect Storm.. [ article ]  
Thursday, August 22, 2002

HMO SEEKS OUT ASSISTED-SUICIDE DOCTORS

PORTLAND, OREGON. Physicians for Compassionate Care, 17-August-2002- In an electronic memorandum dated August 6, 2002, Kaiser Permanente NW, an HMO in Oregon where assisted suicide has been legalized, claimed it is difficult to find doctors to give lethal overdoses to patients. So Janet P. Price, representing Northwest Permanente, sent a memorandum to 829 recipients requesting that all doctors willing to overdose patients give their name to Doctor Robert Richardson of the Ethics Service or to another Kaiser administrator.


The memorandum complained that Richardson's Ethics Service could not find a doctor to give deadly drugs to a patient who was "suffering" and dying for three weeks. The communication did not explain why the patient's suffering was not adequately treated and relieved for three weeks or what Kaiser Permanente proposes to do to improve its pain treatment and palliative care. Doctor Richardson is the same doctor-administrator who approved the overdosing of HMO patient Kate Cheney, despite the fact that Mrs. Cheney had been determined to be demented, under pressure from her family, and therefore not eligible for assisted suicide. Some individuals have speculated that cost savings could be one motivating factor stimulating HMO administrators to provide so much support for assisted suicide. The entire contents of the original memorandum follow:


"Kaiser Permanente Northwest Division, ELECTRONIC MEMORANDUM


Sent: 06-Aug-2002 01:21pm PDT
From: Janet P. Price
PRICEJANETP
Dept: Northwest Permanente
Tel No: 49-2657
TO: See Below


Subject: Oregon Death with Dignity Act: Physician Participation


IF YOU ARE NOT INTERESTED IN PARTICIPATING PLEASE DISREGARD THIS E-MAIL


OREGON DEATH WITH DIGNITY ACT: PHYSICIAN PARTICIPATION
KPNW has complied with implementation of the Oregon Death with Dignity Act (for Oregon residents ONLY) since it became law. The use of this law by KPNW patients and physicians has been administered by our Regional Ethics Service. Recently our Ethics Service had a situation where no attending MD could be found to assist an eligible member in implementing the law for three weeks, during which time this person was suffering and actively dying. Participation by physicians is completely voluntary. At times a member's primary care or specialist physician is unwilling to participate in this process. If this happens, the Ethics Service approaches the Chief of the primary or specialty care service involved with this member, to identify another physician willing to participate. Significant time is often lost because some Chiefs do not know which of their physicians are willing to volunteer. This can be very distressing to critically ill patients and their families.


THE RESPONSIBILITIES OF AN ATTENDING PHYSICIAN:


  1. Using questions required by the law, interview the patient to determine whether he or she is appropriate to proceed with a request for medication to end life (a clinic or home visit is usually necessary for this) . There must be a second discussion with the patient in person or by phone a minimum of 15 days after first request confirming this request.
  2. If the attending physician agrees to support the request, the Ethics Service will arrange an appointment with a non Kaiser physician to independently evaluate the patient and his or her request.
  3. If the attending and the consulting physician agree that the request is reasonable, the Ethics Service will arrange for a designated Kaiser Pharmacist to assist the attending physician in writing the prescription for appropriate medications. The pharmacist will dispense and explain their use to the patient and caregiver.
  4. A representative of the Oregon Health Division will contact by phone the attending physician after the patient's death to confirm the process and the manner of the patient's death. This takes about 10 minutes.
  5. The Ethics Service guides Physicians through this process and makes all necessary arrangements for other requirements of the law.

QUESTIONS TO PHYSICIANS:


  1. Are you willing to act as the Attending Physician under the law for YOUR patient?
  2. Are you willing to act as the Attending Physician under the law for members who ARE NOT your patients?

IF YOU ARE WILLING TO PARTICIPATE IN EITHER # 1 AND/OR #2, Please e-mail or call Marcia L. Liberson, MPH (LIBERSONMA, 49-3781) or Robert H. Richardson, MD (503-904-7978), KPNW Ethics Service. For questions please contact either Marcia or Robert.


Thank you.

IF YOU ARE NOT INTERESTED IN PARTICIPATING PLEASE DISREGARD THIS E-MAIL.

TO: 829 addressees

CC: 2 addressees"

Comment: physician assisted suicide remains hotly controversial. Better pain management frequently takes away any desire to die by chronically ill patients.   
Wednesday, August 21, 2002

Federal Authorities Predict Large Increase in West Nile Virus Infections

NewsMax.com Wires. CHICAGO – A 67-year-old man died of West Nile encephalitis in August, the state public health director reported Friday. It is the first fatality from the virus this year outside of the South. Also, a Louisiana man died, raising the nationwide death toll to 11. Federal authorities predicted more than 1,000 human cases nationwide. Four new human cases of West Nile virus have been confirmed in Illinois.


"Unfortunately, it is my duty to report the first fatality in our state due to West Nile virus illness," said Dr. John Lumpkin, state public health director. "The man, who had slipped into a coma after being admitted to the hospital, died on Aug. 10."


The 67-year-old man was admitted to a suburban Chicago hospital Aug. 4 complaining of fever, stiff neck, and change in mental status and fell into a coma. He also had other health problems. The next day, a 42-year-old Will County woman reported similar symptoms. She and an 80-year-old Cook County man who fell ill on Aug. 8 remain hospitalized for West Nile encephalitis. A 39-year-old Chicago woman also is hospitalized with the virus. Lumpkin, who heads the statewide West Nile Task Force, said Illinois was doing all it can to monitor West Nile virus activity and urged communities to launch aggressive efforts to control mosquitoes.


The death of a 78-year-old Livingston Parish man was the eighth in Louisiana, where the mosquito-borne disease has hit hardest. The state also reported 62 new human cases, bringing the total this year to 147 in easily the worst outbreak in U.S. history. The federal Centers for Disease Control and Prevention in Atlanta confirmed at least 160 cases nationwide and nine additional deaths in Louisiana and Mississippi. Public health officials in Colorado, Wyoming, Wisconsin, Minnesota and Iowa and anxiously waited Friday for the first human cases of West Nile to appear in their states after the mosquito-borne virus infected horses.


An 84-year-old New York man remained hospitalized in critical condition after developing encephalitis from the West Nile virus, the first human case in New York City this year. The virus first appeared in North American in New York three years ago. New York, Maryland, Massachusetts, Missouri and Ohio were added to the CDC's list of states with confirmed and suspected human virus cases this week.


"We can expect more cases, and potentially a lot more cases," said Dr. Lyle Petersen, an epidemiologist with the CDC. "We're still on the upslope of the epidemic curve ... the bottom line is we'll be seeing a lot more cases in the coming weeks."


States that have no suspected human cases are monitoring animals. West Nile virus has sickened 67 horses in Minnesota, three in Colorado, two in Iowa and two in Wisconsin and has now killed one horse in Wyoming. The Wisconsin Department of Health and Family Services was investigating the possible death of a 10-year-old quarter horse on a farm near Newburg from West Nile virus.


"Finding this disease in a horse tells us that there are mammal-biting mosquitoes in the area and that some are infected with West Nile virus," communicable disease expert Linda Glaser told the Milwaukee Journal-Sentinel. "These same mosquitoes could bite people."


Mosquitoes can spread the virus from infected birds to horses, people and other mammals. There is a vaccine for horses but not people.
Crows, ravens and blue jays are the most susceptible to the virus. Most people infected show mild flu-like symptoms such as headache, tiredness and nausea, for three to six days. Only about one in 150 infected humans develop potentially fatal encephalitis or meningitis after a mosquito bite. People over 50 are more susceptible. The virus has been found in every state east of the Rocky Mountains, plus Colorado and Wyoming. Copyright 2002 by United Press International. All rights reserved. Reprinted with permission from [NewsMax.com ]  


Cataract Surgery Shown to Decrease Risk of Motor Vehicle Accidents
This study found that among patients with cataracts, those that underwent cataract surgery had fewer motor vehicle accidents. Comment: this study suggests that those with cataracts either aren't aware of the severity of their loss of vision, or continue to drive in spite of their known visual loss.[ JAMA. 2002;288:841-849 ]  
Tuesday, August 20, 2002

West Nile Virus Becoming Endemic in the United States
The West Nile virus, spread by mosquitoes, has infected 135 people and killed 7 in the United States. The director of the Centers for Disease Control and Prevention has called it an emerging infectiou disease epidemic. Comment: there is speculation, backed up with fairly good evidence, that this is an intentional bioweapon attack on the United States from Iraq. Since this article was published in BMJ, the death toll has risen to 11. [ BMJ 2002;325:354 ( 17 August ) ]  
Monday, August 19, 2002

Dutch Doctors Boycott Novartis Over Direct-to-Consumer Advertising
Stating that direct-to-consumer advertising threatens the efficiency of prescribing and focusses attention on unimportant health issues, Dutch doctors have called for a boycott of the pharmaceutical company Novartis. Comment: I have never seen any evidence that direct-to-consumer advertising improves healthcare. It has, however, effectively increased the sales of expensive, non-generic medications. [ BMJ 2002;325:355 ( 17 August ) ]  
Sunday, August 18, 2002

Tobacco Companies Intentionally Undermine Smoking Cessation Programs
The tobacco company Philip Morris pressured at least two companies to water down their antismoking marketing campaigns during the 1980's and early 1990's. According to the editor of Tobacco Control, "Many in public health have observed that [pharmaceutical companies] are strangely reticent in adding their weight to prevention efforts and are shy about running hard-hitting advertisements that are known to work best." Comment: for more interesting reading about tobacco, the book Tobacco: A Cultural History of How an Exotic Plant Seduced Civilization is rated 4-1/2 stars on Amazon.com. It is interesting to note that tobacco wasn't abused as a drug until the advent of the cigarette. [ BMJ 2002;325:353 ( 17 August ) ]  
Saturday, August 17, 2002

Unitarian Church Calls For an End to the War on Drugs

In a recent "Statement of Conscience", the Unitarian Universalist Association of Congregations called for an end to the war on drugs as a matter of conscience. Some exerpts:

  • For United States taxpayers, the price tag on the drug offensive has soared from $66 million in 1968 to almost $20 billion in 2000, an increase of over 30,000 percent. In practice the drug war disproportionately targets people of color and people who are poverty-stricken. Coercive measures have not reduced drug use, but they have clogged our criminal justice system with non-violent offenders. It is time to explore alternative approaches and to end this costly war.
  • The war on drugs has blurred the distinction between drug use and drug abuse...Yet many people who use both legal and illegal drugs live productive, functional lives and do no harm to society.
  • Legal prohibition of drugs leads to inflated street value, which in turn incites violent turf wars among distributors. The whole pattern is reminiscent of the proliferation of organized crime at the time of alcohol prohibition in the early twentieth century. That policy also failed.
  • Instead of the current war on drugs, we offer the following policies for study, debate, and implementation...Establish a legal, regulated, and taxed market for marijuana. Treat marijuana as we treat alcohol.
Comment: this is a thoughtful review of the failed US led "war on drugs." It is important in that it comes from the Unitarian Universalist Association. [ article ]  
Friday, August 16, 2002

Court Upholds California's Limits on 'Emotional Distress'
NewsMax.com Wires. Tuesday, Aug. 13, 2002. SAN FRANCISCO – Relatives of patients allegedly victimized in medical malpractice cases may not sue for "emotional distress" unless they witness the injury and are aware of what is going on at the time, the California Supreme Court ruled Monday.
The ruling came at a time when a number of medical organizations have warned that doctors were being forced to give up their practices because of multimillion-dollar jury awards that were catapulting malpractice insurance premiums out of their reach. In a unanimous decision, the court found that two women who were at the hospital did not have a valid claim for "negligent infliction of emotional distress," or NIED, as a result of surgery performed on their mother in 1994 that nearly ended in tragedy because they were not in the operating room when surgeons nicked a major artery, causing the elderly woman to suffer serious bleeding that triggered a frantic effort to save her life. "The plaintiffs have not shown they were aware of the transection of [the patient's] artery at the time it occurred," the court said. "Nor have they shown they were contemporaneously aware of any error in the subsequent diagnosis and treatment of that injury in the moments they saw their mother rolled through the hallway by medical personnel." Janice Bird and her sisters, Dayle Edgmon and Kim Moran, had sued three doctors on the claim they witnessed the incident in which their mother, Nita Bird, wound up in a critical-care ward after what was supposed to be a 20-minute outpatient procedure at a Los Angeles-area hospital on Nov. 30, 1994. The two daughters who were at the hospital that day, Bird and Edgmon, contended that they suffered emotional distress when, after an hour of waiting, they began hearing from hospital personnel that the procedure to implant a chemotherapy catheter had run into problems and that their mother might have suffered a stroke. Moran, the third daughter, was told of the situation by telephone. Their growing alarm was fueled by calls over the hospital loudspeaker for a thoracic surgeon to respond immediately, the sight of a doctor hurrying by carrying an armload of blood units, and the sight of their mother, her blue coloring indicating a lack of oxygen, being wheeled down a hallway into emergency surgery. The court disagreed however, and concluded that state law required a potential plaintiff to see the injury take place and to be aware that negligence was involved. In a statement that could have implications for future NIED suits, the court found that the adult daughters did not have the necessary medical knowledge to be aware that malpractice may have been involved in the code-blue crisis. "The problem with defining the injury-producing event as defendants' failure to diagnose and treat the damaged artery is that plaintiffs could not meaningfully have perceived any such failure," the decision said. "Except in the most obvious cases, a misdiagnosis is beyond the awareness of lay bystanders." The lawsuit and its potential impact on malpractice awards drew the interest of American Medical Association, which said in a June 5 amicus curiae, or friend-of-the-court brief, that a broader interpretation of who is eligible for NIED damages could have major implications in the financial survival of health care providers and the future access that family members will have to hospitalized patients undergoing treatments. "It may not be known when malpractice will occur, but it is known that, when it does occur, one or more members of a patient's family may be nearby," the brief said. "Moreover, health care professionals worried about potential bystander NIED liability can take steps to isolate the patient from his or her family." Bird's daughters said in their depositions that they knew something was amiss, but the court ruled that was not good enough and that the sisters needed to have witnessed the artery transection and known that a mishap had occurred. "Even if plaintiffs believed, as they stated in their declarations, that their mother was bleeding to death, they had no reason to know that the care she was receiving to diagnose and correct the cause of the problem was inadequate," the court said. Nita Bird survived the surgical procedures, but she died of cancer in 1996. Copyright 2002 by United Press International. All rights reserved. Reprinted from newsmax.com [ article ]  
Thursday, August 15, 2002

Australian medical association calls for medical litigation rules overhaul
After a key medical insurer, St. Paul, stopped providing medical malpractice insurance in Australia, a medical liability crisis has been unleased in Australia. Liquidators were called in to help cover medical liability costs, but they can only guarantee coverage until the end of 2002. [ The Lancet Volume 360, Number 9331 10 August 2002 ]  
Wednesday, August 14, 2002

How to Keep Health Care From Being Sued out of Existence
Dave Eberhart, NewsMax.com, Tuesday, Aug. 13, 2002. The soaring cost of medical lawsuits is leaving some parts of America without health care. One state has a successful solution that could ease the problem nationwide, but powerful interest groups are ready to fight.



In one recent skirmish in the battle over tort reform, President Bush blasted, "What we want is quality health care, not rich trial lawyers.” Sen. John Edwards, D-N.C, a trial attorney whose lawsuits against doctors and insurance companies helped make him a multimillionaire, claimed that medical lawsuits were not driving up health care costs.



Circling the fray and playing a role perhaps best described as Florence Nightingale meets "M*A*S*H" is the American Medical Association. Like the TV sitcom, which fought the Korean War for a decade, AMA has been lobbying for years to persuade Congress to put a tourniquet on overzealous jury awards in malpractice cases.



Recently AMA brought reinforcements to the front by announcing a $15 million campaign to capture the minds and hearts of Congress and the American public. The professional association has identified a dozen states it says are in a medical malpractice ‘‘crisis.’’ The prescription: Have Congress impose a $250,000 cap on non-economic damages as well as limits on attorneys’ fees in malpractice case.



‘‘This is something that isn’t just affecting the economics of medical practices. In certain areas, it’s affecting the very existence of medical practices,’’ said Richard Corlin, M.D., past president of AMA.



Meanwhile, opposing forces such as Association of Trial Lawyers fight back with their own message. ‘‘[T]hey are wrong to think that the solution is to penalize people who have had their wrong leg cut off or the wrong side of their brain operated on or their breast cancer misdiagnosed, which is exactly what their proposal would do. It punishes the victim,’’ said Carlton Carl, spokesman for ATLA.



But many commentators suggest that the issue is more complex than the slogans suggest.



One theory is that embattled doctors are paying for the laissez-faire pricing of medical-malpractice insurance.



In the 1990s, medical-malpractice insurers began cutting their rates to attract customers and capital to invest in the then-lucrative financial markets. High returns on investments subsidized the doctors’ premiums.



Without regulation, however, premiums sank to a point as to be unable to cover the bills when the financial boom fizzled.



An article in the Wall Street Journal explained the origin of today’s insurance crisis as owing to a "price war” in which "shortsighted price slashing led to industry losses of nearly $3 billion last year.”



One example cited by the Journal: St. Paul Cos. stopped selling medical-malpractice coverage after suffering a $980 million loss. The company had insured more than half of Nevada’s 240 obstetricians. In Las Vegas, 90 obstetricians simply stopped taking new patients.



So What Is the Cure?



California prides itself on its handling of the dilemma.



In recent Capitol Hill testimony, Danielle Walters, executive vice president of Californians Allied for Patient Protection, described the medical liability insurance crisis that gripped California in the early 1970s.



"Liability premiums soared more than 300 percent, numerous medical liability carriers left the state completely and many physicians – particularly high-risk specialties such as obstetrics and neurosurgery – were forced to close their doors because they were either unable to get insurance or unable to afford the inflated rates.”


Then came the state’s Medical Injury Compensation Reform Act of 1975, which included such provisions as:



  • A $250,000 limit on non-economic damages.



  • Ensuring compensation for economic damages such as medical bills, lost wages, future earning, custodial care and rehabilitation.


  • Providing a statute of limitations on claims.


  • Ensuring the bulk of the award goes to the plaintiff by limiting attorney contingency fees on a sliding scale.


  • Requiring advance notice of a claim.


  • Allowing for binding arbitration of disputes.


  • Providing for periodic payment for future damages.



    No one can dispute Walters’ testimony that today California has a healthy and competitive medical liability insurance market and some of the lowest malpractice premiums in the United States. "When you compare California to other large, diverse states, physicians in California pay one-half to one-third of what their colleagues pay for the same liability coverage,” she told Congress.



    Why Not Copy This Success?



    So, if it is as easy as that, why haven’t all the states – never mind the feds – copied the California formula?



    It goes without saying that the special interests work to keep that from happening, but according to National Underwriter Co., simply copying the MICRA statutes would get a well-intentioned state legislature only halfway home.



    "The other half of the explanation [of the California success] lies in the dozens of court cases decided by the California Courts of Appeal and Supreme Court during the 27 years since MICRA was enacted – court cases that have fleshed out the all-important details of MICRA.”


    Attorney Victor E. Schwartz of Partner Shook, Hardy & Bacon agrees. In testimony on Capitol Hill he summed up the legal minefield waiting to vaporize legislation. "[W]hen States have passed balanced medical malpractice reforms, they have been nullified by state courts under obscure portions of very lengthy and prolix State Constitutions.”



    Perhaps the best solution: a revised version of MICRA in which the all-important details are addressed in the text of the statutes and not left to the interpretation of the courts.



    But even this apparently fail-safe plan is flawed, say tort reform’s glib opponents, such as Sen. Edwards. These perennial doomsayers profess over and over that lawmakers who enact tort reform should not expect insurance rates to drop.



    Joanne Doroshow of Center for Justice & Democracy, a group that opposes tort reform, cites a study, "Premium Deceit – the Failure of Tort Reform to Cut Insurance Prices.” At the heart of the paper is this announcement: "[T]he insurance industry never promised that tort reform would achieve specific premium savings.”



    "We would like to thank the insurance industry for finally admitting what is already obvious: that they have not cut, and have no plans to cut, insurance premiums for doctors, hospitals or other businesses as a consequence of ‘tort reform’ – restrictions on consumers’ rights to sue wrongdoers in court,” said Doroshow.



    Even if true, would insurance premiums not rise even more without tort reform?



    How One American Industry Was Saved From Lawyers



    Despite such fighting words, experts point out that tort reforms can work and history proves it.



    The California success story aside, there is the case of the General Aviation Revitalization Act, signed by then-President Bill Clinton in 1994.



    In recent Hill testimony, attorney Victor E. Schwartz of Shook, Hardy & Bacon described how tort litigation was driving the general aviation industry out of business. Key players such as Piper and Cessna simply stopped producing planes.



    With tort reform stability came back to the industry, according to Schwartz. "Those companies are now back in business. Over 25,000 jobs have been created,” he pointed out.



    But what if commercial insurers were to reap and hold profits that arose from tort reform? One answer: The Federal Risk Retention Act would provide a vehicle to cut the windfall grabbers off at the pass. Under the long proposed legislation, doctors’ groups form their own insurance pool or insurance purchasing groups to shop among commercial insurers for a better price.


    At the end of the day, most internecine battles feature more intransigence than rationality and can wreak significant collateral damage.



    Lawyers Have One Party in Their Pocket



    Case in point: Though Republicans and Democrats agree on the need for a terrorism-insurance law, Republicans want to tack on limits on tort lawsuits. However, the powerful trial lawyer bloc opposes them, and it has plenty of allies in the Democrat-controlled Senate.



    It is raw testimony to the nettlesome nature of the issue that key "wartime” legislation that should have been a slam-dunk is in fact stalled.


    [ article ]  

  • Tuesday, August 13, 2002

    Book Review: You've Been Had!
    This book by epidemiologist Melvin Benarde makes the case that the media and environmentalists have turned American into a nation of hypochondriacs. [ BMJ 2002;325:343 ( 10 August ) ]  

    Preventing Falls in the Elderly
    This study of 1090 Australians over 70 years old found that group based exercise was the best way to decrease falls at home. The exercise seemed to cause improved balance. Group exercise was more effective than home hazard management and vision improvement. Comment: this adds weight to another study that showed that Tai Chi exercising reduced falls. [ BMJ 2002;325:128 ( 20 July )]  
    Monday, August 12, 2002

    Hand Lacerations < 2 cm Long Don't Need Suturing
    This study of 154 patients found that full-thickness uncomplicated hand lacerations less than 2 cm in length don't need suturing. Cosmetic outcome was the same whether or not the laceration was sutured. [ BMJ 2002;325:299 ( 10 August ) ]  
    Saturday, August 10, 2002

    Music Decreases Anxiety Over Waiting for the Doctor
    Soothing music has been shown to alleviate the stress of waiting for a doctor who is running late, in addition may reduce a patient's perception of pain. [ BMJ 2002;325:346 ( 10 August ) ]  
    Friday, August 09, 2002

    BASIC INSTINCT Writer Regrets Smoke-Laden Scripts
    Hollywood screenwriter Joe Eszterhas now publicly states that he regrets intentionally portraying smoking as a hip, sexy habit in his screen characters. He was recently stricken with throat cancer. Writing in the Op-Ed page of the New York Times, he states that his intentional glamorization of smoking in his movies was wrong. Comment: finally, one Hollywood writer acknowledges that what they portray in films affects public behavior. It is unfortunate that Eszterhas needed to get throat cancer before making this change in his attitude. However, we applaud his honesty and his new efforts to change irresponsible Hollywood behavior. [ article ]  

    LEADING AIDS EXPERTS CALL FOR MAJOR EXPANSION OF HIV PREVENTION

    The Global HIV Prevention Working Group, composed of nearly 40 of the world’s leading HIV prevention experts, recently released a blueprint to prevent millions of new HIV infections before the end of the decade.

    The blueprint calls for spending on global HIV prevention to quadruple to $4.8 billion by 2004. This increase would allow for a massive expansion of effective prevention efforts, including HIV testing, condom promotion, STD control, and behavior change programs. Today, fewer than one in five people at risk for HIV infection receives basic prevention services.

    “We failed to act decisively in the early stages of the epidemic in sub-Saharan Africa, and now we are paying the price,” said David Serwadda of Makerere University in Kampala, Uganda, and co-chair of the working group. “But we still have an opportunity to save the next generation in Africa from AIDS, and to prevent runaway epidemics in India, Russia, and China.”

    “There is clearly a major gap in access to prevention worldwide,” said Helene D. Gayle, M.D., M.P.H., director of the Bill & Melinda Gates Foundation’s global HIV/AIDS program and co-chair of the working group. “While we treat those infected, while we search for a vaccine, we have to embark on an unprecedented expansion of existing, proven HIV prevention programs.”

    The report, Global Mobilization for HIV Prevention: A Blueprint for Action, was released in conjunction with a new study in The Lancet, which projects that there will be 45 million new HIV infections by 2010 without an expanded prevention effort. The study states, however, that 29 million of these could be prevented with the aggressive scaling up of existing prevention strategies. The study was conducted by UNAIDS, WHO, The Futures Group International, the U.S. Census Bureau and Imperial College, London.

    Interventions cited in the working group’s blueprint and the Lancet study include: mass media campaigns; condom distribution, promotion and social marketing; voluntary counseling and testing (VCT) programs (including those VCT programs linked to mother-to-child transmission prevention programs); blood screening; school-based programs; programs for out-of school youth; workplace programs; treatment of sexually transmitted diseases (STDs); peer counseling for sex workers and men who have sex with men (MSM), and harm reduction programs for injecting drug users (IDUs).

    “Just as combination therapy attacks HIV from different angles, prevention requires a combination of approaches,” said Gayle. “There is no single magic bullet. ‘Combination prevention,’ however, has proven very effective.”

    In the U.S., prevention programs have cut annual HIV infections by two-thirds since the mid-1980s. Prevention efforts have also contained the epidemic in countries such as
    Senegal, Thailand, and Uganda. More recently, Zambia, Brazil and Cambodia have seen significant results from prevention efforts. For example, as a result of a comprehensive prevention program in Cambodia, HIV among pregnant women has declined by one-third in the past three years.

    The Global HIV Prevention Working Group is composed of 37 leaders in public health, clinical care, biomedical, behavioral, and social research, and people affected by HIV/AIDS from around the world. The working group was convened earlier this year by the Gates Foundation and the Kaiser Family Foundation to review scientific evidence on HIV prevention and assess the status of global prevention efforts. The working group’s blueprint strongly affirms the importance of a comprehensive approach to fighting the epidemic—one that combines both prevention and treatment.“We have a moral imperative both to prevent millions of new HIV infections and to care for those who are already infected,” said Gayle. “Treatment not only prolongs lives, but it also supports prevention efforts by encouraging knowledge of HIV status.”

    Recommendations: The working group’s blueprint identifies the major obstacles to scaling up HIV prevention, and makes specific recommendations for overcoming them:

    1. Increase funding. Annual investment in HIV prevention for low-and middleincome countries should quadruple by 2004 – increasing from approximately $1.2 billion today to $4.8 billion, as called for by UNAIDS. Annual funding must be sustained at this level through 2010 and well into the next decade.
    2. Scale up proven prevention strategies, including voluntary counseling and testing, condom promotion, mass media campaigns, blood screening, STD treatment, peer outreach, workplace programs, school-based programs and programs for out-of-school youth.
    3. Train local personnel to develop prevention expertise that can be sustained over the long-term.
    4. Encourage political leaders to be vocal proponents of science-based HIV prevention policies and programs.
    5. Use prevention resources more strategically. Today 1 in 4 developing countries lacks a strategic HIV/AIDS plan. In order to most effectively fight AIDS, all countries should have a strategic plan in place, tracking of HIV/AIDS should be improved, and prevention funding and programs should be coordinated.
    6. Expand access to prevention tools, such as condoms and HIV test kits, while dramatically expanding access to HIV/AIDS therapies.
    7. Accelerate research into new prevention technologies by increasing funding by $1 billion for vaccines, and $1 billion for microbicides by 2007, and expand research into female-controlled barrier methods.
    8. Confront the social factors that facilitate HIV, such as AIDS stigma, poverty and women’s disempowerment.

    Global HIV Prevention Working Group: Helene Gayle, J.V.R. Prasada Rao, David Serwadda, Drew Altman, Judith D. Auerbach, Mary Bassett, Seth Berkley, Jordi Casabona, Tom Coates, Awa Marie Coll-Seck, J. Peter Figueroa, Geeta Rao Gupta, Catherine Hankins, Shen Jie, Salim Karim, Milly Katana, Susan Kippax, Peter Lamptey, Kgapa Mabusela, Marina Mahathir, William Makgoba, Rafael Mazin, Michael Merson, Jeffrey O'Malley, Peter Piot, Vadim Pokrovsky, Tim Rhodes, Zeda Rosenberg, Bernhard Schwartlander, Moses Sichone, Mark Stirling, Donald Sutherland, Paolo Teixeira, Ronald O. Valdiserri, Mechai Viravaidya, Catherine Wilfert, Debrework Zewdie [ article ]

      

    First Canadian Dies of Human 'Mad Cow' Disease
    A Saskatchewan man has just died from variant Creutzfeldt-Jakob disease ('Mad Cow' disease). Officials state that "all evidence points to the patient having acquired the disease in the United Kingdom." Comment: Mad Cow disease is incurable except through prevention. A variation of the disease is also becoming widespread throughout wild deer and elk in the US. The situation with this virus needs to be taken seriously. [ article ]  
    Thursday, August 08, 2002

    HIV Resistance to Medications Growing
    This analysis found that over the five year period from 1995 to 2000 there has been an alarming increase in resistance by the human immunodeficiency virus found in North America to antiretroviral medications. High-level resistance to one or more drugs increased from 3.4% to 12.4% and multidrug resistance increased from 1.1% to 6.2% Comment: this rapid increase in drug resistance means that the human immunodeficiency virus is undergoing rapid mutations allowing it to become resistant, i.e. stronger than all known antiretroviral treatments. Obviously, for HIV and many other diseases, prevention is the best cure. If this trend continues, there is going to be an alarming increase in AIDS in America. Worldwide, there already is a disturbing trend of rapid increases in HIV incidence. This problem needs to be aggressively attacked, immediately, on a global scale. [ NEJM 2002;347(6):385-394 ]  

    Botulinum Toxin Useful in Stroke
    This study of 126 stroke patients with increased flexor tone in the wrist and fingers found that intramuscular injection of botulinum toxin type A reduced their disability at all followup visits through 12 weeks. Comment: this treatment makes sense, given its success in treating muscle contractions in the face (as a cosmetic treatment) [ NEJM 2002;347(6):395-400 ]  
    Wednesday, August 07, 2002

    Bush Signs Born-Alive Infants Protection Act Into Law
    Jeff Johnson, CNSNews.com, Tuesday, Aug. 6, 2002 -

    President Bush Monday signed legislation protecting infants "accidentally" born during abortion procedures from being killed or left to die.
    Bush signed the "Born-Alive Infants Protection Act" (H.R. 2175) during a trip to Pennsylvania, to mirror laws already on the books in more than 30 states.
    "This important legislation assures that every infant born alive, including an infant who survives an abortion procedure, is considered a person under federal law," he said. Attending the ceremony were Gianna Jessen, a young woman who survived an attempted saline abortion in 1977 and Jill Stanek, a nurse who alerted Congress about infants who were born alive but then allowed to die following botched abortions. "Today, through sonograms and other technology, we can clearly see that unborn children are members of the human family as well. They reflect our image, and they are created in God's own image," Bush said. "The Born-Alive Infants Protection Act is a step toward the day when every child is welcomed in life and protected in law.

    "It is a step toward the day when the promises of the Declaration of Independence will apply to everyone, not just those with the voice and power to defend their rights," he added. The bill was introduced in the 107th Congress by Rep. Steve Chabot, R-Ohio, chairman of the House Judiciary Subcommittee on the Constitution, in response to reports of infants being allowed to die after incomplete abortions. "According to eyewitness accounts, live-birth abortions are being performed on healthy infants as late as the 23rd week of pregnancy, and beyond, that suffer from nonfatal deformities resulting in live-born premature infants who are simply allowed to die, sometimes without the provision of warmth or nutrition," Chabot argued on the House floor. "Our subcommittee was told of a living infant who was found in a soiled utility closet; another who was found naked on the edge of a sink; and another infant who, horribly, was wrapped in a disposable towel and thrown in the trash, only to be later found after falling out of the towel and onto the floor."

    Pro-abortion Rep. Jerrold Nadler, D-N.Y., discounted the eyewitness accounts of abortionists allowing babies to die, but supported the bill, nonetheless.
    "I support the bill simply to put at rest the fevered apprehensions about nonexistent threats. But let us not overstate those nonexistent threats," Nadler said during debate on the bill. "It is a harmless bill. It is a bill that does nothing, but is harmless. And why not put people's fears at rest? So I still urge people to support the bill. But we should not get carried away and imagine that under the guise or name of 'abortions' any of this nonsense is going on."

    When the bill was originally introduced in 2000 by now-retired Rep. Charles Canady, R-Fla., the National Abortion Rights Action League (NARAL) opposed the proposal, calling it "another anti-choice assault" on the "basic tenets of Roe v. Wade."

    "In proposing this bill, anti-choice lawmakers are seeking to ascribe rights to fetuses 'at any stage of development,' thereby directly contradicting one of Roe's basic tenets," NARAL wrote in a July 20, 2000 press release. However a June 13, 2001 release states that, "Consistent with our position last year, NARAL does not oppose passage of the Born Alive Infants Protection Act."

    The law provides that "In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the words 'person', 'human being', 'child', and 'individual', shall include every infant member of the species homo sapiens who is born alive at any stage of development." It defines the term "born alive" as "the complete expulsion or extraction from his or her mother of [a human being], at any stage of development, who after such expulsion or extraction breathes or has a beating heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut, and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section, or induced abortion." President Bush was in Pennsylvania to meet with nine coal miners who were rescued last week after being trapped underground for 77 hours. The bill was signed there in honor of its Senate sponsor, Sen. Rick Santorum, R-Pa. Copyright CNSNews.com Reprinted with permission from newsmax.com



    article ]  

    First Baby Breech Doesn't Require Repeat C-Section
    These researchers from Ireland found that 44% of women who had c-sections due to a breech pregnancy required a repeat c-section with a subsequent baby. Comment: at this time, this research is pretty confusing, since the trend is away from vaginal births after cesarean. This is because the risk of uterine rupture is significant for women who have attempt a vaginal delivery after a previous cesarean. article ]  
    Tuesday, August 06, 2002

    Superbug Found: the First Case of Vancomycin-Resistant Staph Aureus
    US doctors have reported the first ever case of staphulococcus aureus that is resistent to vancomycin. Comment: antibiotics won't work on this bug. Vancomycin is known as the last resort for staph aureus infections. This finding makes controlling antibiotic usage and developing new antibiotics increasingly important. [ article ]  
    Monday, August 05, 2002

    Three Day Course of Amoxicillin as Effective as Five Days
    This study of 200 children, aged 2 to 59 months, with non-severe pneumonia found that 3 days of treatment with amoxicillin was as effective as 5 days. This treatment failed in 21% of patients in the 3 day group, and 20% of patients in the 5 day group. Comment: the clinical usefulness of this article in terms of pediatric pneumonia is questionable, since amoxicillin isn't a common treatment for pneumonia in many if not most countries. Still, it does suggest that short courses of amoxicillin are as effective as longer courses. [ http://image.thelancet.com/extras/01art7461web.pdf ]  
    Sunday, August 04, 2002

    Buproprion Helps African Americans Quit Smoking
    This study of 600 African American cigarett smoking adults found that the use of 150 mg of sustained-release bupropion taken twice daily increased the quit rate by approximately 50% at 26 weeks (from 13.7% in the placebo group to 21% in the bupropion group). Comment: the placebo group fared pretty well also with a quit rate of almost 15% at 6 months. Unfortunately, "expert" medical ethicists have made prescribing placebos illegal. Too bad. [ article ]  
    Saturday, August 03, 2002

    Researchers Influenced by Pharmaceutical Company Sponsorship
    These authors looked at studies published in BMJ and found that those researchers who did a study funded by a pharmaceutical company or other for-profit organization were significantly more likely to conclude that the intervention (e.g. new pharmaceutical) was superior. Comment: money talks, and it appears to even affect scientific researchers. Pharmaceutical company sponsorship of clinical trials is not an ideal situation, but if these companies don't sponsor research, who will? [ BMJ 2002;325:249 ( 3 August ) ]  

    Alternatives to Hormone Replacement Therapy
    This review article on alternatives to hormone replacement therapy states that exercise, black cohosh, and soy may all reduce vasomotor symptoms. Soy has also been shown to decrease lipid levels and increase bone density when taken in large doses. The evidence for a benefit of taking St. John's wort is equivocal. Comment: raloxifene seems to be a promising alternative at this point. [ article ]  

    Louisiana Declares West Nile Emergency
    An outbreak of West Nile virus--transmitted by mosquitos--has infected 58 and killed 4 Louisiana residents this summer. Comment: an excellent review on this has been published online by the CDC at http://www.cdc.gov/ncidod/dvbid/westnile/index.htm. [ article ]  
    Friday, August 02, 2002

    Terbinafine Best Treatment for Toenail Fungus
    This review found that terbinafine (Lamisil) was more effective than itraconazole (Sporanox) and also topical treatments in eradicating toenail fungus. [ article ]  
    Thursday, August 01, 2002

    Totally Smoke-Free Workplaces Increase the Quit Rate
    This meta-analysis found that totally smoke-free workplaces have the effect of decreasing tobacco consumption by nearly 4%. Partially smoke-free workplaces, where smoking is restricted to certain areas only, were not shown to decrease tobacco consumption. Making all workplaces smoke-free in the US would end up costing the tobacco industry approximately $1.7 billion USD a year. Making all workplaces smoke-free in the United Kingdom would have the effect of decreasing tobacco company revenues by approximately £310m a year. [ article ]  

     

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