FDA Launches Criminal Probe Into Vaping Illnesses, Deaths

According to the Centers for Disease Control, 530 people have now suffered some vaping-related illness and seven have died. As those numbers are climbing, the Food and Drug Administration has opened a criminal investigation into the surge in sicknesses. This announcement comes on the heels of the Trump administration’s efforts to clamp down on e-cigarettes and vaping products aimed at children. More than half of the victims have been under the age of 25.
"Even though cases appear similar, it is not clear if these cases have a common cause or if they are different diseases with similar presentations, which is why our ongoing investigation is critical," the FDA announced. "CDC and the FDA are providing consultation to state health departments and working closely with them to gather information on any products or substances used." What could this mean for civil liability for vaping illnesses and deaths?
Sickness in the Supply Chain
The FDA has assured people that it is not looking to prosecute individual users, but is looking for information regarding what kind of vape products they used. "The focus is on the supply chain," Mitch Zeller, director of the FDA’s Center for Tobacco Products said. "We’re very alarmed about products containing THC."
While all the reported victims had a history of e-cigarette or vaping use, the specific product they were inhaling has varied. Most people admitted to using e-cigarette products containing THC, many said they used both nicotine and THC, and some reported using only nicotine products. Many also said the THC products they used were purchased illegally or on the black market.
"There may be a problem with source material or modification that may be occurring at different places," Anne Schuchat, the CDC’s principal deputy director, told reporters, adding that while the CDC is "working around the clock" to pinpoint what is making people sick, "it may take some time" before that is possible.
Causes and Legal Claims
The wide range of illnesses and products used makes it even more difficult to identify a single culprit, and officials from the FDA’s forensics lab affirmed that they have not identified a single e-cigarette product or substance as the source of the illnesses and deaths. That will also complicate personal injury or wrongful deaths claims based on product liability, especially if the product was purchased illicitly.
If you’ve been sickened by an e-cigarette or vaping product, seek medical attention immediately and share information with health officials to try and determine the exact cause. Then, you may want to talk to an experienced product liability attorney about your possible legal claims.

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FDA Launches Criminal Probe Into Vaping Illnesses, Deaths 

Are Your X-Rays on the Internet?

The privacy of medical records can seem like a tough balance. On the one hand, you don’t want health data like X-rays, MRIs, and CT scans falling into the wrong hands. On the other, if you’re referred from one doctor to another, you might want your new physician to have access to your medical history without lugging an enormous file from one office to the next.
In any event, the last thing you want is your private medical information just sitting on a server, "unprotected by passwords or basic security precautions," free to be seen by anyone with a typical web browser. But a recent ProPublica investigation found that the diagnostic imagery of some 5 million American patients are being stored in such a state, despite repeated warnings from security analysts.
Medical Insecurity
ProPublica, along with German broadcaster Bayerischer Rundfunk, identified 187 computer servers storing medical data of both U.S. and international patients, "sitting unprotected on the internet and available to anyone with basic computer expertise":
The insecure servers we uncovered add to a growing list of medical records systems that have been compromised in recent years. Unlike some of the more infamous recent security breaches, in which hackers circumvented a company’s cyber defenses, these records were often stored on servers that lacked the security precautions that long ago became standard for businesses and government agencies.

According to the investigation, more than 16 million scans worldwide were available online — some viewable after typing in a simple data query — many paired with patient names, birthdates and even Social Security numbers.
"It’s not even hacking, said cybersecurity researcher and chief executive of the consulting firm Spyglass Security Jackie Singh. "It’s walking into an open door."
Hungry, Hungry HIPAA?
So, what can you do if you think your X-rays and other medical images are online? Likely very little, although the Health Insurance Portability and Accountability Act (HIPAA) mandates that health care providers to keep your personal data confidential and secure, ProPublica’s report describes several entities (from doctors, to hospitals, to radiologists) pointing the finger at each other and a "Band-Aid upon Band-Aid applied" to try and solve the problem. Investigators also found few consequences for HIPAA violators.
Still, if you can prove that your private medical information has been publicly compromised, you may have a legal claim under HIPAA. Contact an experienced health care attorney to discuss your claims.

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Are Your X-Rays on the Internet? 

Billion-Dollar Opioid Bankruptcy: Purdue Pharma Files for Chapter 11 as Part of Settlement

Purdue Pharma, which made $3 billion in 2017 alone selling drugs that include the opioid Oxycontin, will declare bankruptcy as part of a potential settlement covering hundreds of lawsuits against the company. The announcement also comes amid allegations that the Sackler family — who own Purdue — used Swiss bank accounts to transfer $1 billion from the company to personal accounts to avoid its seizure in court.
So, what does the settlement and bankruptcy filing mean for people who have sued over opioid addictions or deaths?
Coping With Crisis
"This unique framework for a comprehensive resolution will dedicate all of the assets and resources of Purdue for the benefit of the American public," said Steve Miller, Chairman of Purdue’s Board of Directors. "This settlement framework avoids wasting hundreds of millions of dollars and years on protracted litigation, and instead will provide billions of dollars and critical resources to communities across the country trying to cope with the opioid crisis. We will continue to work with state attorneys general and other plaintiff representatives to finalize and implement this agreement as quickly as possible."
If only it were that simple. While Purdue has agreed to pony up over $10 billion to address the opioid crisis and settle claims from 24 state attorneys general, five U.S. territories, and certain plaintiffs from hundreds of other suits, several states have declined to sign on to the agreement and some plan to challenge it in court. It’s estimated that Purdue is facing a grand total of 2,600 lawsuits.
Follow the Money
So, how can plaintiffs get money from a bankrupt company? Purdue is filing under Chapter 11, which avoids asset liquidation and allows a company to maintain business operations and repay its debts over time. (Liquidation is possible under Chapter 11, but not guaranteed like under Chapter 7 bankruptcy proceedings.) So Purdue won’t exactly be shuttering its opioid operations or other drug sales any time soon.
Still, its plan for bankruptcy may run into similar roadblocks as its legal settlement agreement. Any Chapter 11 reorganization plan requires approval: Creditors holding at least two-thirds of the total debt amount and more than one-half of the total number of claims must agree to the plan. So it’s no guarantee that most of Purdue’s creditors will sign off, and some of those creditors may favor liquidation if they think it means they’re more likely to get repaid.
And the money trail may complicate matters as well. Court filings indicate members of the Sackler family received more than $4 billion from Purdue from 2007 to 2018, according to the AP, and much that wealth is believed to be held outside the U.S.
If you have or are considering filing a claim an opioid-related legal claim, contact an experienced personal injury attorney to find out how the settlement and bankruptcy could affect your case.

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Billion-Dollar Opioid Bankruptcy: Purdue Pharma Files for Chapter 11 as Part of Settlement 

Legal Liability Following Tragic California Boat Fire?

U.S. Coast Guard and Santa Barbara Sheriff’s officials believe they have recovered 33 of the 34 bodies of those who died in a boat fire off the coast of Southern California’s Santa Cruz Island. The victims were sleeping below deck of the commercial dive boat Conception when the fire erupted around 3:30 a.m. Monday morning. Five crew members, including the captain, were on the vessel’s third deck and were able to jump off before being rescued, while another crew member below deck perished.
Fire and Water

A team with the National Transportation Safety Board began investigating the fire, along with Coast Guard officials. The Conception was required to be inspected by the Coast Guard annually and was in full compliance with regulatory requirements, according to U.S. Coast Guard Captain Monica Rochester. She added that with rescue efforts now ceased, crews could focus on "why this incident occurred and what we can learn from this tragedy."
Authorities believe that flames moved quickly through the 75-foot vessel, blocking a narrow stairway and escape hatch leading to the upper decks, leaving sleeping passengers below virtually no chance of escaping. Inge Courtois, general manager of boat operator Truth Aquatics, told NBC News that the five surviving crew members had no choice but to jump off the ship or else they would have died.
Maritime and State Law
The cause of the fire has yet to be determined, but there will likely be some litigation following the deadly fire, and maritime injury laws may differ from those on land. Liability for wrongful death under general maritime law depends where the facts causing death occurred. If the deaths occurred within three nautical miles of the United States, state law supplements federal maritime law to provide a remedy, and state wrongful death statutes apply. In this case, it would be California’s wrongful death laws, and possibly common carrier liability, under which victims’ families would need to file suit.
If, however, the deaths occurred farther out at sea, a "decedent’s spouse, parent, child, or dependent relative" can sue the crew and even the boat itself under the federal Death on the High Seas Act. Damages in those claims, however, may be limited, and plaintiffs can’t recover for things like loss of society, loss of consortium, or punitive damages.
Wrongful death claims following boating accidents can be legally complex. Talk to an experienced wrongful death attorney if you have questions.

The post Legal Liability Following Tragic California Boat Fire?  appeared first on Rutberg Breslow Personal Injury Law.

Legal Liability Following Tragic California Boat Fire?