Family Awarded $1 Million From Medical Examiner’s Office That Kept Their Son’s Brain

0 comments

Posted on 27th November 2011 by gjohnson in Uncategorized

, , ,

Justice sometimes does triumph.

A Staten Island, N.Y., couple has won a $1 million judgment against the New York City Medical Examiner’s Office, which retained their dead son’s brain without their permission or knowledge, the New York Post reported Saturday.

http://www.nypost.com/p/news/local/staten_island/sitting_on_their_brains_rYp0ijgNEZRVOmtijfRMMK

In a macabre twist in an already freaky case, the parents of Jesse Shipley, 17, didn’t discover that they didn’t have his brain until some of his high school friends saw it in a marked jar during a field trip to Staten Island’s morgue.

Jesse was killed in a car crash in January 2005, and was autopsied by the local medical examiner. But the Medical Examiner’s Office returned Jesse’s body to his parents for burial without his brain, without mentioning that little tidbit to the Shipley family. Doctors wanted to perform tests on the organ, according to the Post.

Jesse’s family only learned that their son’s body was missing its brain when they buried it because of the shocking incident during the field trip. That when Jesse’s schoolmates chanced upon his brain in the jar, the Post reported.

Needless to say, the teens told Shipley’s surprised family what they had seen. If that wasn’t disturbing enough, ”a Catholic priest told the family that Jesse’s burial wasn’t proper without his brain,” according to the Post.

The family didn’t get the brain back until October 2005, and they subsequently filed suit against the Medical Examiner’s Office. The city was liable, according to a Staten Island Supreme Court judge, under the so-called right of sepulcher, which says that a family is entitled to all the remains of a relative, according to the Post.

The defense didn’t have a leg to stand on. The city apparently contended that Jesse’s father Andre Shipley “would have known his son’s brain were being kept for further testing if he’d known to ask,” the Post reported.

What?

It probably didn’t help the defense’s case, either, when a medical examiner said he keep Jesse’s brain hanging around in a jar because he waits until he has a half dozen brains before calling in a neuropathic examiner to study them, the Post said.

We hope in those other cases that the families knew their loved one’s brains had been withheld from them, unlike the Shipleys.

The Shipleys did lose one legal acton last year, when the family sued claiming that their son’s brain had been displayed unlawfully. An appellate court threw that claim out, the Post reported.     

 

What We Missed Out On In The Missing Brain Case In New York City

0 comments

Posted on 18th October 2010 by gjohnson in Uncategorized

, , ,

About two weeks ago I wrote about a horrendous case in New York City, where the local coroner had taken the brain of a 17-year-old youth killed in a car accident, Jesse Shipley, without notifying or getting permission from his family. In a horrifying twist of fate two months later, kids from the youth’s school went on a field trip to the morgue and saw the dead boy’s brain there, sitting in a jar with his name on it.

http://cerebral-palsy-medicalmalpractice.com/blog/2010/10/family-can-sue-medical-examiner-over-sons-missing-brain.html

The case made the front page of the Big Apple’s two tabloids, the New York Post and Daily News. In reflecting on the matter, it really entailed several tragedies: The family’s pain over the discovery of Jesse’s vital organ, which they hand’r  even known was missing; the horror of the school mates that saw it; and the fact that there was no autopsy done on that brain.

After Jesse was killed in a car accident on Jan. 9, 2005, and his family agreed to an autopsy of the body the next day. The youth’s remains were picked up and a funeral was held three days later. What the Shipley family didn’t know was that Jesse’s brain was not with his body. 

The New York City Medical Examiner’s Office had kept Jesse’s brain to do tests on it, and that those tests were done a day or so after the field trip. Jesse’s family got a temporary restraining order to stop any additional tests on his brain, which was returned to them. 

It’s unclear what kind of tests the ME’s office did in fact do on the youth’s brain, or whether the coroner can keep those results, as his office is now being sued by Shipley’s family. The Shipley family filed a claim against New York City and the medical examiner’s office in March 2006, asking for damages for the improper handling of their son’s remains. 

I’ve been a vocal advocate of the need to have autopsie done more often on brains so that we learn more about the less traumative types of head injury, namely mild traumatic brain injury. 

With no sure-fire tests in existance now to detect the more subtle kinds of brain injury, we need all the clinical research done that we can. And the best research is examining an actual brain. Having an accurate gauge on brain injury is particularly important in terms of the future treatment of the thousands of U.S. troops who have suffered concussions in the wars in Iraq and Afghanistan.   

 We could have had that research opportunity with young Jesse’s brain, if the New York coroner hadn’t violated the rules by spiriting away the brain of a family’s loved one without its permission.

Family Can Sue Medical Examiner Over Son’s Missing Brain

0 comments

Posted on 1st October 2010 by gjohnson in Uncategorized

, ,

It is a macabre case that shows that truth is often stranger than fiction.

The case involves the brain of Jesse Shipley, 17, a Port Richmond High School student in New York. Shipley was killed in a car accident on Jan. 9, 2005, and his family agreed to an autopsy of the body the next day. The youth’s remains were picked up and a funeral was held three days later. 

http://www.law.com/jsp/article.jsp?id=1202472788415

But two months later, according to The New York Law Journal, fellow students of Shipley’s sister Shannon, who was also hurt in the accident, went on a field trip to the Richmond County Mortuary on Staten Island. And some of the students spotted a human brain in a jar filled with formaldehyde. The jar was marked with the name Jesse Shipley.

New York Appellate Justice William Mastro called the incident “a surreal coincidence,” according to The Law Journal.

Shannon Shipley’s classmates told her about the brain, and she told her parents. They learned that the New York City Medical Examiner’s Office had kept Jesse’s brain to do tests on it, and that those tests were done a day or so after the field trip.

Shipley’s family got a temporary restraining order to stop any additional tests on his brain, which was returned to them. The family held a second funeral for their son, according to The Law Journal. 

The Shipley family sued New York City and the medical examiner’s office in March 2006, asking for damages for the improper handling of their son’s remains. 

Brooklyn’s New York Appellate Division, 2nd Department, recently ruled that the Shipley family has the right to sue the New York City Medical Examiner’s Office for violating their right of sepulcher, for removing and keeping Jesse’s brain without telling the family.

Epilepsy Drug Connected To Major Birth Defects In Babies

0 comments

Posted on 16th June 2010 by gjohnson in Uncategorized

, , , , , ,

The epilepsy drug valproic acid, when taken by expectant mothers in their first trimester, has been linked to birth defects in the brain, heart and arms of newborns, according to a new study.

http://news.yahoo.com/s/hsn/20100609/hl_hsn/epilepsydruglinkedtoseriousbirthdefects

For example, babies whose moms took valproic acid , whose brand names include Depakene and Depakote, were almost seven  times more likely to suffer with craniosyostosis, which is a fusion of the skull when the fetus is still in the womb. That fusion put hinders skull and brain development.

In terms of other birth  defects, mothers who took valproic acid during the first three months of their pregnancy incresed their odds, by 12.7  times, of  having a baby with spina bifida, which is when the spinal cord and backbone don’t develop properly, compared to women who didn’t take the drug.

Newborns whose mothers took valproic acid were also five times more likely to have a cleft palate;  2.5 times more likely to have the athrial septal heart defect; and more than two times as likely to have an extra finger on their hand. 

Those statistics have to be put in context. Even though there is a higher risk of birth defects for children of  mothers who took the anti-seizure medication, that risk overall is not huge. In the case of spina bifida, the risk went from 0.6 percent, or six in 1,000, compared with 0.5, or five in 1,000, for children whose mother’s hadn’t taken the anti-sezure medication.

Scientists are advising women of childbearing age to find a substitute drug to ward off seizures.

The study was published in The New England  Journal of  Medicine.

http://content.nejm.org/cgi/content/abstract/362/23/2185

                                                                                                                                                                                                ,                          

Former Arena Football Player Sues Team Doctor for Malpractice Over Concussions

0 comments

Posted on 19th March 2010 by gjohnson in Uncategorized

, , , , ,

A case in Denver may be the first lawsuit where a professional football player is charging a team doctor with malpractice, for the way the physician treated his concussions, since the issue of head injuries came to national prominence three years ago, according to The New York Times. http://www.nytimes.com/2010/03/19/sports/football/19concussions.html?ref=sports

The legal action was filed Wednesday by a former Arena Football League player, Clay Rush, against Dr. Saurabh Mangalik, team doctor for the now-defunct Colorado Crush, as well as the physician’s employer, HealthONE Clinical Services. The doctor and HealthONE were independent contractors for the team.

In the lawsuit, which was filed in a Colorado state court in Denver, Rush alleges that in 2008 he suffered several hits to his head during several games. The litigation alleges that Mangalik botchedhis treatment of Rush, which had led to permanent brain injury for the player.

The suit charges that Mangalik just treated Rush for a headache, failing to evaluate and observe him before letting him go back to play.

In a phone interview with The Times, Mangalik denied any wrongdoing and said he didn’t know there had been any problems with Rush’s care until he was contacted by the newspaper.

The doctor also asserted that he had warned Rush and Crush trainers that the injured player should not resume practice or return to play until his brain injury symptoms, such as headaches and dizziness, disappeared.

The Colorado Crush team don’t exist anymore.

There have been lawsuits similar to the one filed by Rush. La Salle University last November paid $7.5 million to settle a suit brought by a player who sustained a bad concussion and claimed that the school’s medical staff didn’t give him adequate treatment.

Ten years ago, former National Football League running back Merril Hoge sued Dr. John Munsell, the former Chicago Bears team doctor. The case was later settled, with the terms remaining confidential, according to The Times.

Woman’s Family Sues When She Sustains Brain Injury And Dies After Having Teeth Pulled

0 comments

Posted on 11th February 2010 by gjohnson in Uncategorized

, , , ,

One of the greatest challenges in a career representing injured people is that it is almost always those with the greatest vulnerabilities, that have the worst results. This story about a woman who had a routine dental procedure which left her with a brain injury, which ultimately killed her, is a perfect example. Clearly this woman’s cerebral palsy made her more vulnerable to something bad happening. The medical and dental professionals involved in this case will likely argue that it was her cerebral palsy which was the problem. But for her cerebral palsy, she wouldn’t have needed the procedure at all. No defense lawyer should ever be allowed to persuade that a vulnerable person is less entitled to justice.

The survivors of a Bronx woman who suffered brain damage, and ultimately died, after having her teeth extracted have filed a wrongful death suit in the case, according to United Press International. http://www.justicenewsflash.com/2010/02/11/ny-woman-suffered-brain-damage-died-teeth-pulled_201002113316.html

The lawsuit was filed by the family of Felita Dowdy, 33, against dentist Dr. Bruce Lish and St. Luke’s Hospital in Manhattan. The case is in the Bronx Supreme Court.

Dowdy had cerebral palsy, and her teeth had rotted. She went to St. Luke’s last July 21 to have her teeth pulled.

But shortly after the extraction, the suit claims, Dowdy went into respiratory arrest and sustained brain damage as a result. She died Oct. 14. The lawsuit also alleges that the pain killers fentanyl contributed to Dowdy’s demise.

According to the story, St. Luke’s offered condolences to the Dowdy family but declined further comment. Lish’s father, dentist Dr. Jerome Lish, in the article said that his son has many disabled patients and wasn’t responsible for Dowdy’s death.

Teen Drinkers Risk Permanent Brain Damage

0 comments

Posted on 27th January 2010 by gjohnson in Uncategorized

, , ,

I always chuckle, then sigh, when some reporter or researcher thinks they have discovered a “new” hazard to brain health. I heard last year that Traumatic Brain Injury was a new injury, stemming from Iraq. Not. Now the latest in this long line of “discoveries” is that drinking can cause brain damage. How do you say: Duh?

Still, it is good to remind teens and parents of what a recent study by the University of California, San Diego, found, NPR reported Monday.

In its online story, http://www.npr.org/templates/story/story.php?storyId=122765890&ps;=cprs, NPR reports that the school compared brain scans of teens who drank heavily to those that don’t.

The youths who drank had damaged nerve tissue, so-called “white matter” in their brains. That kind of damage can lead to shortening a boy’s attention span and negatively impact a girl’s comprehension and interpretation of visual information, NPR said.

(What are they serious? Like it wouldn’t affect a girl’s attention span to damage the electrical connections within the brain, or negatively impact a boy’s comprehensions? )

During teen years, certain areas of the brain are still forming and are more vulnerable to drugs and alcohol, which is why youths risk more than a hangover by drinking.

The study found that binge drinkers – having four or five drinks at a time, two or three times a month, performed worse on memory and cognitive tests than those who didn’t. Academics and alcohol apparently don’t mix. If they think that is “binge drinking”, they have obviously not been outside of their laboratories for a long time. What is perhaps most significant about this study is how little alcohol it took to show a material change in the adolescent brain.

Seriously, alcohol can cause brain damage and the younger the person, the more vulnerable the brain to the effects. But alcohol is far more serious in other ways, such as a cause of serious car wrecks, of addiction, of alcohol poisoning, where true binge drinking – the kind where a person’s blood alcohol reaches .3% or above – can kill. That which can kill, will cause brain damage if it falls short of a fatal dose.

Remember the time when pregnant women still drank?

Hospital told to pay damages for mistaking babies

0 comments

Posted on 20th July 2009 by gjohnson in Uncategorized

, , , , , ,

Even under American law, this would be a tough case to determine damages. How does a couple effectively argue that they have been wronged for loving a child for 16 years, even if it is the wrong child? Similar issues have thwarted efforts to get compensation for botched birth control methods as well. But those issues notwithstanding, $55,793 for giving a couple the wrong child, seems a little on the light side.

What happened to the other child? Isn’t that a form of kidnapping?

And what about the other family?

Attorney Gordon Johnson
http://tbilaw.com
http://waiting.com
http://fishtail.tv

Date: 7/20/2009 7:08 AM

SEOUL, South Korea (AP) — A South Korean court has ordered a hospital to pay 70 million won ($55,793) in damages to a couple that raised the wrong daughter for 16 years because of a hospital mistake.

Seoul Central District court judge Kim Sung-soo said Monday the court made the ruling earlier this month. He did not give details.

Local media say the couple gave birth to a baby girl at the hospital in 1992. They began suspecting she may not be their daughter because her blood type A did not match theirs.

A DNA test confirmed their suspicions and the hospital acknowledged their mistake last year.

The hospital is refusing to disclose information on their biological daughter citing privacy.

Copyright 2009 The Associated Press.

Obama Appoints Black Woman Surgeon General

0 comments

Posted on 13th July 2009 by gjohnson in Uncategorized

, , ,

Ironically, as the first Hispanic woman appointed to the Supreme Court begins her nomination, Barack Obama announces a black woman to be the new Surgeon General. Clearly, Obama finds exceptionally well qualified women to fill these important posts.

Attorney Gordon Johnson
http://tbilaw.com
http://waiting.com

Date: 7/13/2009 10:04 AM

BC-US–Surgeon General/131
Eds: APNewsNow. Will be led.
BC-US–Surgeon General, US
LAURAN NEERGAARD,AP Medical Writer


WASHINGTON (AP) — The Associated Press has learned that President Barack Obama has chosen a well-known Alabama family physician, Dr. Regina Benjamin, to be the next surgeon general.

An administration official said Obama will announce the nomination later Monday. The official spoke on condition of anonymity so as not to upstage the official announcement.

Benjamin was the first black woman to head a state medical society, received the Nelson Mandela Award for Health and Human Rights and just last fall received a MacArthur Foundation “genius grant.” But she made headlines in the wake of Hurricane Katrina, with her determination to rebuild her rural health clinic Bayou La Batre, Ala., which serves 4,400 patients who would be hard-pressed to find care elsewhere.

Copyright 2009 The Associated Press.

TV ad war begins over health overhaul

0 comments

Posted on 6th July 2009 by gjohnson in Uncategorized

, , , ,

Date: 7/6/2009 5:40 PM

EDITOR’S NOTE — An occasional look at political ads and what’s behind them.
By ALAN FRAM

Associated Press Writer

WASHINGTON (AP) — Staring at the camera, Canadian citizen Shona Holmes says a brain tumor would have killed her had she relied on her government-run health plan that would have provided treatment far too late. “Now, Washington wants to bring Canadian-style health care to the U.S.,” a narrator says darkly.

The television ad from a conservative group is dramatic — but deceptive.

In fact, President Barack Obama and Democrats pushing to overhaul health care want to create an optional, government-run plan to compete with private insurers, not replace them. As Obama told a health forum last week, “We’re not suddenly just going to completely upend the system. We want to build on what works about the system and fix what’s broken about the system.”

The ad is part of a handful of commercials that are expected to grow this summer in both numbers and criticism as detailed health bills emerge from Congress and dozens of interest groups, companies and labor unions tussle over influencing lawmakers.

Through June 27, $31 million has been spent for roughly 47,000 TV ads on health care this year, says Evan Tracey, president of the Campaign Media Analysis Group, a firm that tracks issue advertising. That’s double the roughly $14 million the insurance industry spent in 1993 and 1994 for the famous “Harry and Louise” ads credited with helping kill President Bill Clinton’s health care drive, but a fraction of the $250 million Tracey guesses will ultimately be spent this year.

Hoping to shape the early debate, the initial ads are “really being aimed at some people in the administration, some people on Capitol Hill, a whole bunch of reporters, a few bloggers,” Tracey said. As Congress’ direction becomes clearer and interest groups seek public support, “then I think you’re going to see the spending go on a hockey stick curve straight up,” he said.

So far, Tracey said about $15 million has been spent on ads favoring the Democrats’ push to revamp the health care system and $4 million to oppose it. Another $12 million has gone to ads generally favoring better health care — nearly all of it by the Pharmaceutical Research and Manufacturers of America, representing drug makers, which hopes its market will expand if more people have insurance.

These figures might be too low, with several groups reporting higher figures reflecting costs Tracey doesn’t track.

Ken Johnson, spokesman for the pharmaceutical group, says the association has spent tens of millions on television ads since late 2008, thanking lawmakers for supporting previous health initiatives or urging them to support a comprehensive effort this year.

“It’s conditioning the environment, it’s setting the table for the debate to come,” he said.

The ad with Shona Holmes — who says she borrowed and saved money for a crucial operation in the United States — exemplifies how groups are intent on bending the debate toward their agendas.

Its sponsor, Patients United Now, is an offshoot of the Americans for Prosperity Foundation, a privately funded, Washington-based conservative group that believes in limited government and cutting taxes. Among its directors are businessman and conservative activist Art Pope and James C. Miller, a top Reagan administration official.

The group says it has spent nearly $1.8 million running the ad in Washington, D.C., and 11 states with senators on committees writing health care bills or ones seen as wavering. Patients United spokeswoman Amy Menefee says the ad is fair because giving government more control over health care would be a slippery slope toward increasing the federal role, and because some Democrats still favor government-only insurance.

Dominating the spending among opponents is Conservatives for Patients Rights, led and largely financed by Rick Scott, who was ousted as chief of the Columbia/HCA health care company during a fraud probe that ultimately saw the firm plead guilty to overbilling charges. Spokesman Brian Burgess says the group has spent over $4.5 million on TV ads that have run hundreds of times this year, mostly criticizing public health coverage.

On the other side, progressive and labor groups have not been shy about using ads to assail Democrats viewed as insufficiently loyal in the struggle.

Health Care for America Now says it plans to spend $11 million on TV ads. The group is funded by labor, liberal groups and the progressive Atlantic Philanthropies, an international grant-making foundation whose president, Gara LaMarche, worked previously for billionaire Democratic donor George Soros.

Its latest ad: A $1.1 million campaign aimed at prodding senators of both parties from 10 states to support a public health insurance option. Targets include Sen. Ron Wyden, D-Ore., who HCAN says has not shown strong enough support for the government-run option.

“Tell Senator Wyden, it’s your health, it should be your choice,” the ad says.

MoveOn.org and other liberal groups began airing a 60-second ad on Friday in Louisiana criticizing Sen. Mary Landrieu, D-La., for not yet embracing a public insurance plan. They also dropped plans to run ads challenging Sen. Kay Hagan, D-N.C., after she expressed support for a bill containing a government insurance option.

Last Tuesday, the Laborers International Union of North America began airing ads in the home states of Sens. Max Baucus, D-Mont., and Kent Conrad, D-N.D., criticizing them for considering a tax on workers’ employer-provided medical benefits to help finance the overhaul.

Union spokesman Jacob Hay says the ads, which had been scheduled to run through Friday, were pulled after a request from Baucus aides. Baucus has agreed to meet with the union’s president, Terence O’Sullivan, to discuss the legislation.

“Ads really do get their attention quickly,” Hay said.

Copyright 2009 The Associated Press.