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November 2007

Friday, November 30, 2007

COURT CASES: "Kentucky Resident Files Lawsuit Against Medtronic For Faulty Defibrillator Lead Wire That Caused Devastating Electrical Shocks"

Kim Orange of Bowling Green, Kentucky, today filed a personal injury lawsuit against Medtronic Inc., for suffering devastating electrical shocks due to a defective lead wire system for her defibrillator. The lawsuit, filed in Minnesota state court where Medtronic is based, seeks damages for the physical pain and medical expenses Ms. Orange has incurred, as well as compensation for Ms. Orange future medical care and expenses due to the defective Medtronic device.

LOUISVILLE, Ky. (Business Wire EON) November 28, 2007 -- On August 12, 2007, the Sprint Fidelis lead, the wiring that connected her defibrillator to her heart, failed, causing three devastating lectrical shocks. Ms. Orange was transported by ambulance from Bowling Green to Vanderbilt University Medical Center in Nashville, Tennessee, suffering two additional shocks the same day. The failure of the Sprint Fidelis lead forced Ms. Orange to undergo complicated surgery on August 15, 2007, to remove the faulty device and implant a new lead system.

The early explant and implant of a new lead system, as well as a new defibrillator, scarred her already fragile heart.  "I felt like I was being repeatedly shot or kicked in the chest by a horse," Ms. Orange stated. "The pain was intense and has the power to knock you down or out of a chair."

Ms. Orange's life has been substantially affected by the incident. Ms. Orange's physician instructed her to take off work. "You fear that you have a ticking time bomb inside your body that could unexpectedly explode or be triggered by a quick movement or vibration," Ms. Orange explained. "Exertion such as bending over to make a bed, mowing the lawn and other everyday tasks have become frightening experiences."

Medtronic has not disclosed the precise mechanism of the Sprint Fidelis lead fracture failures. The complaint charges that a design defect was responsible for the failure of Ms. Orange's lead. It appears the defect is attributable to the small diameter of the coil and conductors used in the leads. Because of this, the leads are subject to stress damage both during and after the implant. Fracture eventually occurs when the conductors are critically overstressed.

"Manufacturers of medical devices have a duty to patients to produce safe products," stated H. Philip Grossman, of Louisville, Kentucky law firm of Grossman & Moore, counsel for Ms. Orange. "Medtronic failed to comply with this duty with regard to the recalled lead wires. The Medtronic Sprint Fidelis lead has a significantly higher than expected failure rate that appears in just the first two years after implantation."

"The defect is potentially fatal. Yet, Medtronic has not agreed to compensate patients for their extreme injuries and having to undergo invasive surgeries to replace the fractured leads," noted Mark P. Chalos of the Nashville office of the national plaintiffs' law firm Lieff Cabraser Heimann & Bernstein, LLP, which is also representing Ms. Orange. "Only by filing a lawsuit or otherwise making a claim against Medtronic can injured patients obtain justice and compensation for their injuries."

COURT CASES: Mistrial declared in abuse case

Mistrial declared in abuse case from Courier-Journal
A mistrial was declared yesterday in the case of a former nurse's aide accused of sexually abusing three incapacitated patients at Jewish Hospital.

Thursday, November 29, 2007

IN MEMORIUM: "Judge Steinfeld eulogized"

Judge Steinfeld eulogized COURIER JOURNAL LETTER TO EDITOR - CLICK ON HEADING FOR ENTIRE READ
I was married in Louisville right after the end of World War II, and my wife and I lived in Seattle from that time until 1948, when we returned to Louisville.

AG: "Conway chooses UofL administrator to be deputy attorney general"

Attorney General-elect Jack Conway says he'll name University of Louisville administrator Dana Bynum Mayton to serve as deputy attorney general. That's the top appointed position in his office.

Mayton currently serves as associate vice president for governmental relations and special assistant to the president at the University of Louisville. Prior to that, Mayton was secretary of the state Revenue Cabinet.

Conway says Mayton is a "perfect fit" for the position because of her background. He says she's been a litigator, general counsel, cabinet secretary and university administrator and that she "has earned a reputation for working well with members of both political parties."

CRIMINAL: "Teacher sex with older teens not illegal in Kentucky, elsewhere"

Reacting to the case of a high school band teacher accused of having sex with a student, a Kentucky lawmaker has become the latest state legislator to propose changing a law governing the age of consent.

J.R. Gray was disturbed to learn that teachers break no criminal laws by having sex with students, as long as the student is at least 16 years old and a willing participant.

GOVERNOR: "Pence: Too many enemies for Fletcher administration"

Lt. Gov. Steve Pence, months after Gov. Ernie Fletcher pardoned his entire administration in the summer of 2005, gave his boss a book about Abraham Lincoln for Christmas.

The book, "Team of Rivals," recounted Lincoln's ability to work with former political adversaries for the betterment of the common good. It was something Pence said he wanted Fletcher to think about, the outgoing lieutenant governor said Wednesday in an interview with The Associated Press.

"The people who disagree with you are not necessarily your enemies," Pence said.

FEDERAL CASES: "Former depot commander says whistle blower was a "hot head""

A former commander at Blue Grass Army Depot testified Thursday that a chemical weapons monitor who raised safety concerns about the storage of nerve agent was a "hot head" with an attitude problem, but the Army never tried to push him out of his job.

Lt. Col. George Shuplinkov said Donald Van Winkle resigned voluntarily after the agency revoked his right to work around the hazardous materials stored in igloos at the Richmond depot. Van Winkle claims the Army tried to retaliate against him for going public with the charges by forcing him into taking a disability retirement after he broke his back.

CRIMINAL CASES: "Judge dismisses assault charges against former troopers"

A judge in London, Kentucky, has dismissed assault charges against two men, agreeing they were immune to such prosecution.

GOVERNOR: "Fletcher: Blanket pardon was 'absolutely right thing to do'"

FRANKFORT - Pardoning everyone charged during the height of an investigation into his administration's hiring practices was "absolutely" the right thing to do, Gov. Ernie Fletcher said Wednesday.

CRIMINAL CASES: Man sentenced to five years in child pornography case

A Campbell County man was sentenced in U.S. District Court in Covington Wednesday to five years in prison for receiving child pornography via the Internet.