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The Future of Healthcare in the Post-Opioid Crisis Era

The Future of Healthcare in the Post-Opioid Crisis Era

Not long ago, the President of the United States declared a national emergency addressing the ongoing opioid crisis in our country. The healthcare industry has been reeling ever since in order to find an alternative method of treatment for pain relief for patients afflicted with chronic and severe pain. The FDA briefly outlined its new strategy on combating the issue head-on in their 2018 Strategic Policy roadmap.

The number one priority of the FDA is to reduce the overall dependency of the American public on opioids drugs. The approach of tackling this issue includes promoting and fostering innovation and competition in the healthcare field, empowering and educating the public about healthy lifestyle choices including their diet and health, and strengthening the FDA’s database in order to better access risk management in the healthcare field.

Alternative Treatment of Pain Management

Under the new guidelines espoused by the FDA, medical providers in the healthcare field would need to explore new less risky options in the realm of pain management. One core cause of the crisis arose from the ease of exposure to the drug.

Many doctors irresponsibly prescribed their patients strong opioid drugs for relatively minor pain or discomfort. Another strong emphasis has been placed on the transition away from an opioid congested drug market to one full of more holistic choices for patients.

The FDA has also pioneered new treatments such as Medication Assisted Treatment or MAT, which is the use of a combination of different medications in conjunction with behavioral therapy in order to treat patients with opioid dependencies. So far, three drugs have been approved for the treatment of opioid dependency including:

  • Buprenorphine
  • Methadone
  • naltrexone.

The two-pronged approach of with prevention and treatment in tandem is the most effective method of dealing with the opioid crisis. 

The Toll of the Opioid Crisis on the American Public

Millions of Americans have been adversely affected by the opioid crisis one way or another, either they have suffered from the agony of addiction themselves or have witnessed a family member go through it. According to the CDC, nearly 218,000 have suffered overdoses from ingesting prescription opioids during the span from 1999 to 2017.

Another alarming statistic that jumps to the forefront is the staggering rise in overdose rates. The occurrence of overdose rates relating to opiate drugs shot up more than five times in 2017, as compared to 1999. On the other hand, many trends point to the declining rates of opiate prescription as an optimistic indicator for the future.

The Legal Battles Against the Opioid Crisis

Many states have been waging similar legal battles against the pharmaceuticals giants which pushed the prescription and usage of opiate drugs. Wagstaff & Cartmell have been at the forefront of the battle to serve justice against the big pharma companies operating in the state of Missouri. The damages caused by the opioid crisis amount to nearly 951 precious lives and around $1.4 million dollars per hour in damages to the state in 2017.

Patients who have been afflicted with opiate addiction due to the irresponsible prescription of opioid drugs have the right to full compensation. Plaintiffs have sought after compensation for damages resulting from unnecessary medical expenses, agony of addiction, cost of rehabilitation, possible lost wages and employment, funeral expenses in the event of an overdose, and many other cases.

Depending on the extent of your opiate addiction and the extenuating circumstances, you could be entitled to a large sum of compensation. You will never be charged a single court fee until you receive a winning verdict in your favor.

The realm of law can be awfully daunting to confront all alone. Big pharma has been able to get away with screwing over patients thanks to their legions of deceitful lawyers covering their tracks. In order to reap the full compensation you deserve from big pharmaceutical giants, you will need experienced cutthroat attorneys in your corner who will work tirelessly to ensure a winning verdict at all costs.

Call for Action

Wagstaff & Cartmell are experienced attorneys of law in the courtroom against pharma giants. They have spearheaded many successful verdicts in mass tort drugs and product liability cases collecting billions of dollars for their clients.

They are actively working on many top pertinent cases such as issues associated with transvaginal meshes, hip implants, knee replacements, and many others. At Wagstaff & Cartmell, the attorneys here will not rest until their clients are awarded justice in a court of law.

If you or anyone you know have been personally affected by opiate drugs, make sure to contact Wagstaff & Cartmell. They are currently pursuing future litigation against all parties involved with the wholesale manufacturing, distribution, and prescription of opioid drugs in the state of Missouri.

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What Is the Difference Between a Mass Tort and a Class Action Suit?

What Is the Difference Between a Mass Tort and a Class Action Suit?

A mass tort and a class action suit are two types of personal injury claims that involve large groups of plaintiffs who have substantially similar claims against the same defendant. But a mass tort and a class action suit are also quite different, both in terms of court procedure and in what cases are appropriate for each.

What Is a Mass Tort?

A tort generally refers to an act or omission by one party or parties that causes another to be harmed or injured, often because of negligence. A mass tort groups many individual lawsuits alleging harm or injury together, because each suit involves common questions of fact.

The individual plaintiffs, however, are treated separately. Plaintiffs in a mass tort make substantively the same allegations, such as claiming injury from the same defendant in the same way, but the severity of specific manifestations, for example, may be different among the plaintiffs.

Mass torts are often used when plaintiffs have brought lawsuits for damages against pharmaceutical or medical device companies for injuries or recalls.

Mass torts often proceed as a multidistrict litigation (MDL) in the Federal system. MDLs are established by the U.S. Judicial Panel on Multidistrict Litigation (JPML). The consolidation of cases that occurs in an MDL places all the cases before a single judge in one court. The intent is to bring more efficiency to the legal process and reduce a drain on court resources, including the time and effort of all parties.

In an MDL, for example, a witness provides testimony one time that is used for all the cases in the mass tort, rather than testimony for every single case. The discovery process and judge’s rulings proceed similarly. The creation of an MDL causes the process to be more streamlined than each case proceeding individually would be.

What Is a Class Action?

A class action lawsuit also represents a number of plaintiffs who were allegedly injured or wronged by the same defendant in the same way. The plaintiffs are termed the “class.” In a class action, one complaint is filed for the class, and a class representative stands for all members of the class. In court, then, all the individual plaintiffs are in effect treated as a single plaintiff.

It should be noted that, while mass torts and class action lawsuits are distinct, they are not mutually exclusive. Some plaintiffs may choose to pursue individual claims under a mass tort, while others may decide to join a class action lawsuit for a similar issue.

Examples of Mass Tort Cases

A mass tort often involves individuals injured by dangerous drugs and medical devices. Attorneys at Wagstaff & Cartmell are representing plaintiffs, for example, in cases alleging that the drugs Zoloft, Lexapro, Celexa, Prozac, Paxil, Topamax and Depakote, when taken by women during pregnancy, cause their children to be born with a range of congenital birth defects.

Attorneys at Wagstaff & Cartmell are also representing plaintiffs in a mass tort medical device case involving DePuy hip implants. Plaintiffs allege that the implants, which are metal-on-metal, cause pieces of metal to fray in the body. The implants have caused patients receiving them to develop an array of serious symptoms, including difficulty walking and standing, tissue death, metalosis and pain.

Examples of Class Action Suits

A class action lawsuit can involve a variety of subject matters, including antitrust, securities, consumer and product liability actions.

Recently, for example,Wagstaff & Cartmell won a $10 million class action settlement in an environmental property damage case. The settlement was reached with an engineering company on behalf of a class consisting of landowners in Northwest Missouri. The class action alleged that a St. Joseph tannery, Prime Tanning, distributed tannery sludge containing hexavalent chromium produced from its tanning operations to landowners to use as fertilizer in four Missouri counties from 1983 through 2009.

Contact an Experienced Law Firm for Results

The experienced personal injury attorneys at Wagstaff & Cartmell conduct both mass tort and class action suits. In mass torts, our lawyers are often named to the plaintiffs’ leadership teams of the U.S.’s most extensive drug and medical device cases. Our leadership roles, including those in MDLs, stem from our past record of success, deep experience and excellent reputation in mass tort and product liability law.

In class actions, Wagstaff & Cartmell attorneys have recovered over $600 million, both locally and nationally. We have been part of the leadership group prosecuting significant class actions across the U.S. and have also successfully defended class actions.

Please contact Wagstaff & Cartmel to schedule a consultation or call (816) 701-1100 today to discuss a mass tort drug or medical device product liability case or class action issue. See here for a list of mass torts we are actively pursuing.

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Will 3D-Painted Crosswalks Have an Effect on Pedestrian Safety?

Will 3D Painted Crosswalks Have an Effect on Pedestrian Safety?

City planners and governments around the world have started to implement a new type of crosswalk over the past few years. It’s 3D-painted crosswalk intended to improve pedestrian safety.

To pedestrians, the painted lines on a 3D crosswalk simply look like paint. But to drivers, from a distance of 40 to 50 feet, they look like actual objects placed in the road. Many observers think they resemble boxes.

The optical illusion of making painted lines look like boxes is intended to make drivers slow down, almost like a speed bump does physically. It’s a commendable attempt to make pedestrians safer by capturing drivers’ attention and forcing them to reduce speed near a crosswalk. It also draws pedestrian attention to crosswalks.

The 3D-painted crosswalks are in use in China, India, Iceland, Canada, and the U.S. Both Kansas City, Kansas and Olathe, Kansas have recently rolled out 3D-painted crosswalks. The former is at the intersection of Augusta and Northridge Drive and the latter is on Cherry Street from Park to Loula streets.

Pedestrian Deaths, Injuries a Major Issue

Pedestrian deaths and injuries are a major safety issue. In 2017, 5,977 pedestrians were killed in traffic accidents across the U.S., according to the National Highway Traffic Safety Administration (NHTSA). That’s one every 88 minutes. These deaths accounted for 16 percent of all traffic accident fatalities.

Although the number of pedestrian deaths fell slightly from the 6,080 recorded in 2016, these statistics show how significantly traffic accidents threaten pedestrian safety. About 19 percent of all traffic-crash deaths of children 14 years old and younger were pedestrian deaths. But pedestrian deaths are a significant danger to nearly every age group.

Twenty percent of pedestrian deaths occur in those 65 and older, and the highest number, 21 percent each, occurs in people between the ages of 50 and 54 and 55 and 59. The lowest number is in children under 5 and aged 5 to 9.

Nearly 129,000 pedestrians were injured in traffic accidents severely enough to be treated in emergency departments nationwide during 2015, according to the U.S. Centers for Disease Control and Prevention.

Safety Precautions to Reduce Pedestrians Accidents

Will 3D-painted crosswalks improve traffic safety for pedestrians? It’s likely that more data are needed. A 2012 study indicated that 3D-painted crosswalks had no measurable impact on getting cars to slow for pedestrians, although crosswalks, in general, were safer than areas without crosswalks.

Kansas City has plans to observe its 3D-painted sidewalks for more data.

Driving & Walking Safety Tips

It’s important to note, though, that the circumstances of all too many pedestrian accidents indicate that the best methods to improve safety may be the tried-and-true ones. Both drivers and pedestrians need to follow basic safety precautions.

  1. Be aware of the elevated risk of certain times of the day.
  2. Eliminate drinking while either driving or walking, making conditions much safer.
  3. Drivers should be aware of pedestrians at all times. Slow down around schools and neighborhoods.
  4. Roughly 75 percent of pedestrian accidents occur when it’s dark. Drivers should particularly exercise caution at night.
  5. Pedestrians should behave prudently when walking as well. It’s important to cross at a crosswalk if there is one. If there isn’t, cross at a lighted intersection. Walk on a sidewalk or path. Wear bright, light clothing and wear reflective strips at night. Consider carrying a flashlight at night.

Drinking and Pedestrian Accidents

The data are very clear on drinking and pedestrian accidents. The NHTSA reports that alcohol consumption, by either the driver or the pedestrian, was involved in 47 percent of fatal pedestrian traffic accidents in 2017.

Seventeen percent of drivers in pedestrian-vehicle accidents that resulted in a pedestrian death had been drinking excessively, as indicated by a blood alcohol concentration (BAC) of 0.08 percent or higher, which is the level signaling alcohol impairment in all U.S. states.

Drivers should never drink before they get behind the wheel. If they have been drinking, they should designate a friend or family member to drive who has not been.

But pedestrians need to realize that excessive alcohol consumption before walking is a danger to their safety too: 32 percent of pedestrians in fatal pedestrian-vehicle accidents had a BAC of 0.08 percent or higher. Walking is a means of transportation, after all, and drinking simply doesn’t mix with safe transportation.

Call an Experienced Pedestrian Accident Lawyer Today

If you or a loved one have been in a pedestrian accident, the experienced personal injury attorneys at Wagstaff & Cartmell will fight vigilantly for justice. You may be eligible for compensation to treat your injuries, recover lost wages and more.

For more information or to discuss the details of your claim, contact us today or call (816) 701-1100 to schedule a free consultation.

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A Brief History of the Opioid Epidemic

A Brief History of the Opioid Epidemic

Deaths attributed to the ongoing opioid epidemic have been continually increasing over the past several decades. According to data from the U.S. Department of Health & Human Services, an average of 91 people each day die due to opioid overdose. How did we get to this point, and what is being done in an effort to combat the ongoing opioid crisis across the country?

What is the Opioid Epidemic?

The opioid epidemic is a plague of opioid addiction and overdose that has swept over the United States in recent decades. The majority of these addictions do not stem from the use of hard and illicit drugs, such as heroin; rather, many addiction to opioids begin during the use of prescriptive opioids that are legally prescribed for pain.

Some examples of common legally prescribed opioids include:

  • Methadone
  • Oxycodone
  • Hydrocodone
  • Hydromorphone
  • Oxymorphone
  • Morphine
  • Codeine

The below opioid epidemic statistics are taken from studies done by the U.S. Department of Health and Human Services for the year 2016:

  • 116 people died from opioid-related overdoses each day.
  • Over 42,000 people died from opioid overdoses over the course of the year.
  • 1 million people had an opioid disorder.
  • 17,087 deaths were caused by overdoses on commonly prescribed opioids.
  • 19,413 deaths resulted from the use of other synthetic opioids other than methadone.
  • 15,469 deaths were attributed to heroin overdose.

The Science of Opioids

Opioids are commonly prescribed by doctors to treat severe pain in their patients. Opioids work by binding to receptors in the brain and spinal cord that block pain, and in some cases produce a feeling of euphoria.

This “high,” however, can quickly become problematic. As treatment continues, your body continually becomes accustomed to the drug over time, requiring higher dosages in order to maintain potency. This frequently leads to a dependency and dangerous addiction to opioids, and the feeling of euphoria can lead to drug misuse, or serve as a gateway to more dangerous drugs, such as heroin, in order to achieve the desired level of effect.

As opioids are frequently prescribed by doctors despite the dangers present, the number of people addicted to opioids continues to rise each year. The number of opioid-related deaths has become so severe in recent years that, in 2017, the United States declared the opioid epidemic to be a public health crisis.

History of Opioid Use in the US

The use of opioids to treat pain first rose to prominence during the Civil War during the early 1860s as a way to treat wounded soldiers. Soldiers were often treated with morphine, leading to subsequent dependencies and addiction to the drug in veterans during and immediately after the war’s conclusion.

In 1898, the Bayer Company first introduced heroin onto the market as a “wonder drug” that could effectively treat pain without the debilitating effects of habit-forming morphine. Much not was known about heroin during its early years on the market, but once addicts discovered that its effects could be amplified upon injecting the drug into their system, a worrying new opioid epidemic began to take hold at the turn of the century.

Throughout the 1910s-1920s, the U.S. placed restrictions on opioids and other narcotics, requiring that formal prescriptions be written in order to obtain these potentially dangerous substances. In addition, the U.S. outlawed heroin in 1924 as a way to combat the growing opioid problem.

As the mid-century passed, efforts to combat illegal distribution and use of opioids culminated in the Controlled Substances Act of 1971, establishing federal U.S. drug policy under which the manufacture, importation, possession, use and distribution of certain substances is regulated. The act created five schedules (or classifications) of substances still used to this day.

In 1995, Purdue Pharma introduced OxyContin (a variant of oxycodone) to the market as a gentler and less addictive opioid pill. Over the next two decades, doctors increasingly prescribed OxyContin (and other legal opioids) as a means of treating pain. Echoing the widespread distribution of legal opioids a century earlier, many more patients found themselves addicted to OxyContin as the U.S. prepared to enter the 21st century.

Despite measures and lawsuits that have been taken against Purdue Pharma and other legal opioid manufacturers and distributors, the effects of the opioid epidemic have ravaged the entire country up to the present day. Opioids are continually prescribed to patients even with the risk of addiction and dependency being common knowledge, and as a result, the overall number of addicts and overdose-related deaths have skyrocketed in the past two decades alone.

Recent Causes of the Opioid Epidemic

Since the history of opioid use to treat pain dates back centuries, it can be difficult to pinpoint how (and why) opioid use has inflated to epidemic proportions in recent years. Besides dependency and addiction in patients, doctors and pharmaceutical manufacturers have also played their own hands in contributing to the growing number of addicts and deaths related to opioid use.

The roots of the opioid epidemic can ultimately be traced back to the over-prescription of opioid drugs to treat pain, rather than seeking alternative (and less addictive) treatment options. It has been found that opioid pills are generally more covered by insurance policies rather than alternative treatments and therapies. This means that a doctor may prescribe potentially dangerous opioid pills as less-expensive alternatives to solving a patient’s pain problems.

Drug companies have also aggressively marketed their opioid products as “non-habit inducing” and “moderate,” despite a lack of research to substantiate these claims. Unfortunately, this marketing has proven effective, and has even swayed doctors to prescribe even more opioids to patients in exchange for lucrative incentives, such as free meals.

Combating the Opioid Epidemic

As a result of the ongoing opioid epidemic, professional medical experts are now calling for medical students to be taught to prescribe opioids to patients much more carefully. This education process includes training the up-coming doctors how to properly identify pain and the best treatment for it, and then teaching how to apply for waivers so that they are able to prescribe alternative treatments and therapies to opioids.

Since the United States was officially declared to be in a state of public health crisis due to the opioid epidemic, state and federal governments have since put plans into action to tackle the crisis and reduce its causes.

The federal government has developed a five-point strategy to fighting the opioid crisis:

  • Improve accessibility of treatment and rehabilitation services.
  • Promote the use of overdose-reversing drugs.
  • Strengthen public understanding of the epidemic through improved public health surveillance.
  • Support research on reducing pain and addiction.
  • Advance better practices in the first place for pain management and reduction.

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Stages of a Mass Tort: A Brief Overview

Stages of a Mass Tort: A Brief Overview

Mass tort cases stem from a defective drug or device on the market that harms a large number of people.  Some of these cases are well-publicized, while many others never make headlines, but cause just as much pain to the people whose lives are affected.

Similar to class action lawsuits, they involve numerous plaintiffs and one or a few defendants. Class actions, however, do not always involve injury claims and cover only one complaint with common characteristics, such as consumers who sue an automaker for producing faulty auto parts. The plaintiffs are grouped together into one “class.”

Mass tort claims, on the other hand, can include different complaints against the same defendant(s), and often involve injuries from dangerous drugs and medical products.

As a firm with proven results in mass tort litigation, Wagstaff & Cartmell has received many questions about the stages of a mass tort, as well as questions about how long these types of cases usually take before settlement. In this brief overview of mass tort, we hope to answer some common questions we have received in the past.

What is the Process for a Mass Tort Claim?

These are a few basic steps to a mass tort:

  • Review records – We examine statements from claimants and their medical records to identify the device or drug and the injuries that occurred as a result of use. This is an important first step in the discovery process, as it allows us to identify injury consistencies and other factors which will aid in the litigation phase.
  • Injury consistency – We check for the similarity of injuries among those harmed by drugs or devices as evidence for the claim, and categorize cases to understand any shared characteristics between them. This allows us to identify what exactly our clients are seeking compensation for.
  • Federal court filing – Individual cases are consolidated to speed up processing and information gathering.
  • Bellwether trials – A small group of lawsuits, chosen from a larger group of similar cases, are tried first. This functions as a sort of litmus test for future judges and juries, as the results can determine the potential outcomes of future cases.
  • Settlement – This occurs when both parties enter negotiations to settle the claims, and any proposed agreements are presented to claimants to decide whether they will accept them or proceed to a trial.

Because mass tort claims can involve multiple plaintiffs, they can take longer than typical personal injury cases. Mass torts are a powerful legal tool for claimants who are able to pool resources when fighting a common defendant.

How Long Does a Mass Tort Claim Take?

Unlike an individual personal injury claim, which speeds through the court system in a matter of weeks or months, mass torts—given their vast numbers of plaintiffs—are much more complex. It takes a substantial amount of time to investigate and gather evidence that will prove each claimant’s injuries, possibly amounting to years of time invested into a single mass tort.

Moreover, mass torts have other unique processes that take time and money. There are numerous case management and status conferences, the sharing of documents between parties, motions, and the selection of bellwether trial cases. Some of the factors that may impact the timeline for a mass tort claim include:

  • Locating and deposing expert witnesses (lawyers may seek multiple expert witnesses, such as physicians, scientists, economists, marketers, drug company researchers/developers and more depending on the case)
  • The need for travel (such as when required to locate and depose witnesses, or conduct other case investigations)
  • Investigation and collection of evidence (a mass tort claim requires substantial evidence, such as medical records, company documentation and more, which can take months to locate, collect, organize and analyze)

There are statutes of limitations in medical device and dangerous drug cases, so it’s important to contact a lawyer as soon as possible if you believe you have a claim.