Monday, July 9, 2018

Faulty Implants Cause Pain, Problems and Peril

Faulty Implants Cause Pain, Problems and Peril

Injured Paw

Did you know that arthritis is the leading cause of disability for adults in the U.S? By 2030, American citizens over the age of 65 will outnumber children for the first time in U.S. history. An aging baby boomer population means an influx of patients suffering from degenerative orthopedic issues and big business for those who manufacturer orthopedic implants. However, these medical devices have caused extreme complications for many patients. You should know what to watch for if you suspect you or someone you love harbors a faulty medical device.

BY THE NUMBERS

150,000
Johnson & Johnson’s faulty Pinnacle hip replacement was implanted into 150,000 patients even though it had not been tested on humans.

VIDEO BOOKMARK

Safety Evidence Lacking
Evidence on the safety and effectiveness of medical devices is not readily available to patients, says this Wall Street Journal investigation.

THE DOCKET

INTERVIEW: THE DANGER WITHIN US

Investigative medical journalist Jeanne Lenzer discusses her new book about the flawed approval process for medical devices.

Nursing Homes Overstate Staffing

‘It’s Almost Like a Ghost Town.’ Most Nursing Homes Overstated Staffing for Years

Stan Hugo with his wife, Donna, who is a resident at the Beechtree Center for Rehabilitation and Nursing in Ithaca, N.Y. Mr. Hugo tracks staffing levels at the skilled nursing facility.CreditHeather Ainsworth for The New York Times
By Jordan Rau

July 7, 2018
ITHACA, N.Y. — Most nursing homes had fewer nurses and caretaking staff than they had reported to the government for years, according to new federal data, bolstering the long-held suspicions of many families that staffing levels were often inadequate.

The records for the first time reveal frequent and significant fluctuations in day-to-day staffing, with particularly large shortfalls on weekends. On the worst staffed days at an average facility, the new data show, on-duty personnel cared for nearly twice as many residents as they did when the staffing roster was fullest.
The data, analyzed by Kaiser Health News, come from daily payroll records Medicare only recently began gathering and publishing from more than 14,000 nursing homes, as required by the Affordable Care Act of 2010. Medicare previously had been rating each facility’s staffing levels based on the homes’ own unverified reports, making it possible to game the system.

The payroll records provide the strongest evidence that over the last decade, the government’s five-star rating system for nursing homes often exaggerated staffing levels and rarely identified the periods of thin staffing that were common. Medicare is now relying on the new data to evaluate staffing, but the revamped star ratings still mask the erratic levels of people working from day to day.
At the Beechtree Center for Rehabilitation & Nursing here, Jay Vandemark, 47, who had a stroke last year, said he often roams the halls looking for an aide not already swamped with work when he needs help putting on his shirt.

Especially on weekends, he said, “It’s almost like a ghost town.”
Nearly 1.4 million people are cared for in skilled nursing facilities in the United States. When nursing homes are short of staff, nurses and aides scramble to deliver meals, ferry bedbound residents to the bathroom and answer calls for pain medication. Essential medical tasks such as repositioning a patient to avert bedsores can be overlooked when workers are overburdened, sometimes leading to avoidable hospitalizations.

How Staffing Fluctuates at Nursing Homes Around the United States
The number of workers at more than 14,000 nursing homes across the nation varies drastically.

July 7, 2018

“Volatility means there are gaps in care,” said David Stevenson, an associate professor of health policy at Vanderbilt University School of Medicine in Nashville, Tenn. “It’s not like the day-to-day life of nursing home residents and their needs vary substantially on a weekend and a weekday. They need to get dressed, to bathe and to eat every single day.”
David Gifford, a senior vice president at the American Health Care Association, a nursing home trade group, disagreed, saying there are legitimate reasons staffing varies. On weekends, for instance, there are fewer activities for residents and more family members around, he said.

“While staffing is important, what really matters is what the overall outcomes are,” he said.
While Medicare does not set a minimum resident-to-staff ratio, it does require the presence of a registered nurse for eight hours a day and a licensed nurse at all times.

The payroll records show that even facilities that Medicare rated positively for staffing levels on its Nursing Home Compare website, including Beechtree, were short nurses and aides on some days. On its best staffed days, Beechtree had one aide for every eight residents, while on its lowest staffed days, there was only one aide for 18 residents. Nursing levels also varied.
Jay Vandemark, who entered Beechtree after he suffered a stroke that immobilized his left side, complained that the center didn’t have enough workers on some shifts. “It’s almost like a ghost town,” he said.CreditHeather Ainsworth for The New York Times

The Centers for Medicare & Medicaid Services, the federal agency that oversees nursing home inspections, said in a statement that it “is concerned and taking steps to address fluctuations in staffing levels” that have emerged from the new data. This month, it said it would lower ratings for nursing homes that had gone seven or more days without a registered nurse.
Beechtree’s payroll records showed similar staffing levels to those it had reported before. David Camerota, chief operating officer of Upstate Services Group, the for-profit chain that owns Beechtree, said in a statement that the facility has enough nurses and aides to properly care for its 120 residents. But, he said, like other nursing homes, Beechtree is in “a constant battle” to recruit and retain employees even as it has increased pay to be more competitive.

Mr. Camerota wrote that weekend staffing is a special challenge as employees are guaranteed every other weekend off. “This impacts our ability to have as many staff as we would really like to have,” he wrote.
New rating method is still flawed

In April, the government started using daily payroll reports to calculate average staffing ratings, replacing the old method, which relied on homes to report staffing for the two weeks before an inspection. The homes sometimes anticipated when an inspection would happen and could staff up before it.
The new records show that on at least one day during the last three months of 2017 — the most recent period for which data were available — a quarter of facilities reported no registered nurses at work.

The Centers for Medicare & Medicaid Services discouraged comparison of staffing under the two methods and said no one should expect them to “exactly match.” The agency said the methods measure different time periods and have different criteria for how to record hours that nurses worked. The nursing home industry also objected, with Mr. Gifford saying it was like comparing Fahrenheit and Celsius temperatures.

But several prominent researchers said the contrast was not only fair but also warranted, since Medicare is using the new data for the same purpose as the old: to rate nursing homes on its website. “It’s a worthwhile comparison,” said David Grabowski, a professor of health care policy at Harvard Medical School.

Of the more than 14,000 nursing homes submitting payroll records, seven in 10 had lower staffing using the new method, with a 12 percent average decrease, the data show. And as numerous studies have found, homes with lower staffing tended to have more health code violations — another crucial measure of quality.
Even with more reliable data, Medicare’s five-star rating system still has shortcomings. Medicare still assigns stars by comparing a home to other facilities, essentially grading on a curve. As a result, many homes have kept their rating even though their payroll records showed lower staffing than before. Also, Medicare did not rate more than 1,000 facilities, either because of data anomalies or because they were too new to have a staffing history.

There is no consensus on optimal staffing levels. Medicare has rebuffed requests to set specific minimums, declaring in 2016 that it preferred that facilities “make thoughtful, informed staffing plans” based on the needs of residents.
Still, since 2014, health inspectors have cited one of every eight nursing homes for having too few nurses, federal records show.

With nurse assistants earning an average of just $13.23 an hour in 2017, nursing homes compete for workers not just with better paying employers like hospitals, but also with retailers. Understaffing leads predictably to higher turnover.
Payroll records at Beechtree show that on its highest staffed days, it had one aide for every eight residents, but there was only one aide for 18 residents at the lowest staffing level.CreditHeather Ainsworth for The New York Times

“They get burned out and they quit,” said Adam Chandler, whose mother lived at Beachtree until her death earlier this year. “It’s been constant turmoil, and it never ends.”
Medicare’s payroll records for the nursing homes showed that there were, on average, 11 percent fewer nurses providing direct care on weekends and 8 percent fewer aides. Staffing levels fluctuated substantially during the week as well, when an aide at a typical home might have to care for as few as nine residents or as many as 14.

A family council forms
Beechtree actually gets its best Medicare rating in the category of staffing, with four stars. (Its inspection citations and the frequency of declines in residents’ health dragged its overall star rating down to two of five.)

To Stan Hugo, a retired math teacher whose wife, Donna, 80, lives at Beechtree, staffing levels have long seemed inadequate. In 2017, he and a handful of other residents and family members became so dissatisfied that they formed a council to scrutinize the home’s operation. Medicare requires nursing home administrators to listen to such councils’ grievances and recommendations.
Sandy Ferreira, who makes health care decisions for Effie Hamilton, a blind resident, said Ms. Hamilton broke her arm falling out of bed and has been hospitalized for dehydration and septic shock.

“Almost every problem we’ve had on the floor is one that could have been alleviated with enough and well-trained staff,” Mrs. Ferreira said.
Beechtree declined to discuss individual residents, but said it had investigated these complaints and did not find inadequate staffing on those days. Mr. Camerota also said that Medicare does not count assistants it hires to handle the simplest duties like making beds.

In recent months, Mr. Camerota said, Beechtree “has made major strides in listening to and addressing concerns related to staffing at the facility.”
Mr. Hugo agreed that Beechtree has increased daytime staffing during the week under the prodding of his council. On nights and weekends, he said, it still remained too low.

His wife has Alzheimer’s, uses a wheelchair and no longer talks. She enjoys music, and Mr. Hugo placed earphones on her head so she could listen to her favorite singers as he spoon-fed her lunch in the dining room on a recent Sunday.
As he does each day he visits, he counted each nursing assistant he saw tending residents, took a photograph of the official staffing log in the lobby and compared it to what he had observed. While he fed his wife, he noted two aides for the 40 residents on the floor — half what Medicare says is average at Beechtree.

“Weekends are terrible,” he said. While he’s regularly there overseeing his wife’s care, he wondered: “What about all these other residents? They don’t have people who come in.”
This article was produced in collaboration with Kaiser Health News, an editorially independent program of the Kaiser Family Foundation. The author is a reporter for Kaiser Health News.

Thursday, July 5, 2018

New York Ticket, Driver From Out of State

Courtesy of my friend and premier traffic attorney, Brian Berkowitz:

WHEN AN OUT OF STATE DRIVER GETS A TICKET IN NEW YORK, PART 2
Like anyone in business for themselves, I am pleased when my phone rings and a new potential client calls to discuss their case and what I can do to help them. In the realm of Speeding and Traffic tickets, however, lately I have been receiving the same call over and over again from out-of-state drivers informing me that they received a ticket in New York and rather than initially speaking with a New York Traffic Ticket Attorney to discuss their options, they simply plead guilty and paid the fine.
If this is where the story ends, it wouldn’t even be worth writing about it. The problem these out-of-state motorists have, is that they weren’t aware that in the State of New York, the accumulation of 6 or more points during an 18-month period triggers the imposition of a Driver Responsibility Assessment ( “DRA”) by the New York State Department of Motor Vehicle (“DMV”).
Per NYS DMV’s website, “[t]he driver responsibility assessment is a fee you must pay to DMV over a three year period if you are convicted of certain traffic offenses in New York State or accumulate 6 or more points on your driving record within 18 months. This fee is in addition to any fines, penalties or surcharges that you must pay for a traffic conviction. The purpose of the assessment is to prevent the repeated behavior of problem drivers and to improve traffic safety.” (citation).
In New York, points are imposed for most traffic offenses. In the case of Speeding Tickets, they are based upon the number of miles per hour (“MPH”) over the speed limit and are set as follows:
  • 1-10 3 Points
  • 11-20 4 Points
  • 21-30 6 Points
  • 31-40 8 Points
  • Over 40 11 Points
The DRA applies to all drivers, including those holding driver’s licenses issued by another state and applies to first time and repeat offenders.
By way of example, Fred who lives in and is licensed to drive by the State of Connecticut, on a beautiful summer day decides to load the family into the minivan and take a ride to Rockland Lake State Park in Rockland County, New York. Once he crossed the Tappan Zee Bridge and entered Rockland County, he gets pulled over and receives a Speeding Ticket for driving 76 mph in a 55 mph zone (a 6-point ticket). Rather than contacting a Rockland County Speeding Ticket Lawyer, he simply pleads guilty and pays the fine. No problem, right? At first, the answer is no. After he pleads guilty, the court sends him an invoice to pay the fine which he immediately takes care of and moves on with his life.
About a month later, however, Fred opens a letter from the New York State Department of Motor Vehicles which informs him that since he plead guilty to a 6-point ticket, he must pay a New York State Driver Responsibility Assessment of $300.00, which is payable at once or at the rate of $100.00 a year for 3 years. To add insult to injury, the letter further states that he must pay at least the minimum amount by the payment date or his driver license will be suspended. What this actually means, is that if he doesn’t pay, his driving privileges in the State of New York will be suspended, which, in some instances, can cause his home state to take similar action unless and until the New York matter is resolved.
Well, shouldn’t this information be listed on the ticket, so that Fred knew what he was getting himself into before pleading guilty? One would think so, but in most instances this is not the case and accordingly, most out-of-state driver calling my office to discuss the DRA are completely blindsided by this news.
It should be noted, that the DRA doesn’t simply stop at $100.00 per year for three 3 years. Per NYS DMV, “[i]f you receive 6 points on your driver record for violations committed during a period of 18 months, the annual assessment is $100. The minimum amount that you must pay each year is the annual assessment. The total assessment for the three years is $300. If you receive more than 6 points on your driver record during a period of 18 months, the annual assessment is $25 for each point in addition to the original six points. The minimum amount that you must pay each year is the annual assessment. The total assessment for the three years is $75 for each point in addition to the original 6 points.” (citation). THIS APPLIES TO ALL DRIVERS, REGARDLESS OF WHERE THEY ARE LICENSED!
Accordingly, if Fred had also plead guilty to a 2 point ticket in New York a few months prior to receiving the speeding ticket, he would now have 8 points on his New York driving record and accordingly, would have to pay $150.00 a year for 3 years. This is specifically why I always tell my clients that not only do they need to worry about the ticket they just received, but they also need to be concerned about the next ticket they get. I can’t tell you how many times a client has said to me “I haven’t gotten a traffic ticket in 25 years and all of the sudden, I keep getting pulled over and ticketed.”
If you are reading this and you have already plead guilty and received the DRA letter, all is not lost, as it is possible that you can hire an attorney to file a motion with the court requesting a “do over”, which, if granted, would withdraw the previously entered guilty plea, stop the imposition of the DRA (in most instances) and provide the lawyer the opportunity to work out a plea bargain to a ticket that has less or no points (thereby avoiding the imposition of the DRA).
However, if you have not yet plead guilty to the ticket, you most certainly have come to the right place! Upon calling my office for a free consultation, those drivers, licensed out-of-state or by New York, will be informed of the following:
  • That they are at risk of having a DRA imposed upon a plea of guilty to the ticket (regardless of where they are licensed);
  • That, in most instances, they will never have to step foot in court, as NYS Law allows an attorney to appear in court without the need for their client to be there;
  • That, in most cases, a plea bargain can be reached, which, as stated above, can result in a plea to a ticket carrying less or no points.
Simply stated, while the New York State Driver Responsibility Assessment appears to be nothing more than a “cash grab”, in situations like this, knowledge is power and I welcome the opportunity to speak with any and all drivers about the ticket they received and what I can do to help.
If you received a Traffic or Speeding ticket in Rockland County or anywhere in the State of New York, please do not hesitate to call me at 845-638-9200 for a free consultation.
Brian Berkowitz, is a former prosecutor and a DWI, Criminal Defense and Traffic Ticket Attorney representing clients in Rockland County and the State of New York.
Law Office of Brian Berkowitz, 222 North Main Street, New City, NY 10956. 845-638-9200.
WEB: www.Berklaw.com

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