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Heparin: FAQS
Frequently Asked Questions
Since the Heparin Catastrophe began, we have taken thousands of calls with respect to heparin poisoning and have investigated the representation of hundreds of people. In those thousands of phone calls, we have been asked tens of thousands of questions. Herein, we address some of the most frequently asked questions. 1. When did the Heparin contamination begin? According to claims by Baxter and as announced by the FDA, Baxter started shipping contaminated Heparin on September 13, 2007. Certainly, if a death or severe consequences occurred with the administration of heparin after that date, an investigation into that incident should be made. Baxter has supposedly tested all heparin shipped from China, and has alleged that the OSCS contaminant began on that date. A couple of months ago, based upon these initial disclosures from Baxter, we felt fairly comfortable in turning down cases that occurred before that time. But as additional disclosures have trickled in, we are seeing more and more evidence that clearl suggests some contaminated heparin was in the supply chain earlier in 2007, especially in hospital settings, such as during cardiac surgery. If you know of a death or severe consequence following heparin administration at any time in 2007, call us and we will investigate. 2. When did the Heparin contamination end? Officially, all of the contaminate heparin should have been off the shelves by April of 2008. However, recalling millions of doses of contaminated heparin is an enormously complex process, especially in hospital settings where lots of heparin may have been commingled. If the death or severe reaction after heparin administration fits the pattern of a bee sting type reaction, call us regardless of how recently the adverse event occurred. 3. How severe of a reaction should we have before calling a lawyer? All cases of death should be investigated, from January 1, 2007 until the present. Likewise, all cases of “severe consequences” should also be investigated. By “severe consequences” we mean adverse reactions involving extensive additional medical care, hospitalization or damage to any body organ or limb. For example, if heart damage occurred, clearly a person should call. If the heart stopped and the body was deprived of oxygen or blood flow for a documented period of time, call. If there was gangrene or injury to any limb, call. We believe there may be cases of amputation resulting from contaminated heparin. We are definitely interested in investigating all such cases. 4. What happens when I call? If you call, you will talk to my paralegal, Jayne Zabrowski, jayne@tbilaw.com If Jayne can’t speak to you immediately when you call, she will call you back if you leave a message. She will carefully listen to the details of how the death or serious injury occurred, and ask the appropriate follow-up questions. Jayne cares about the devastation that this poisoning has caused and will sincerely listen to those who can benefit by our representation. If you have a potential case, you will then hear from the nurse investigator who will assist in obtaining medical records and additional information. Jayne has talked to every potential Heparin client, since Mark Scott was the first loved one to call and tell us about a Heparin death in February of 2008. For Mark, it was his wife Melissa who had a severe reaction and died shortly after being administered Heparin during home dialysis. Jayne understands the pain that this poison has caused and is experienced at prioritizing the cases that require investigation. Jayne is one of the country’s best paralegals and began her involvement in Heparin after a decade of work with the debilitating complexities of representing brain injured people in the bulk of the Johnson Law Office’s case load. She attends the national trial lawyers annual convention (AAJ) each year and is very knowledgeable and experienced in forensic medical issues. 5. Will this involve a class action? There will be two types of cases involving heparin: those where people had death or severe reactions and those where people had minor or imperceptible reactions. The first type of case, should be handled as separate, individual cases. Individuals or their loved ones hire a lawyer, who specifically investigates and handles the details of outlining what happened. If serious injury or damage can be proved, then this particular claimant should receive specific economic damages for all harms that occurred, including wrongful death, survivorship claims, loss of society and companionship, medical expenses, funeral expenses, lost wages and pain and suffering. The Johnson Law Office is handling cases involving serious injury and death. A class action suit would be more appropriate for individuals who were administered contaminated Heparin, however, the specific items listed above can’t be proved. The Johnson Law Office is not representing individuals in the class action. Other lawyers are handling cases which did not involve serious injury or death. 6. Are these Federal or State Court cases? Each plaintiff has his or her choice as to whether to file a non-class action case in Federal or State Court. The class action cases (non-severe consequences) are being handled in Federal Court. The Johnson Law Office, as well as our associated firm, The Nolan Law Group, are licensed in Illinois, the state where Baxter has its home office. Baxter has agreed to allow our clients to bring these cases in Cook County, Illinois. Our litigation affiliate, The Nolan Law Group of Chicago, has a long track record of superior results in Cook County, Illinois, including the Air Philippines case which was settled in 2007 for $165 million. 7. What if severe adverse reaction occurred days or weeks after the administration of Heparin? As we learn more about the deadliness of the contaminant in heparin, OSCS, it is becoming clear that this poison had the potential to do more than cause immediate adverse reactions. The initial studies only looked at an adverse reaction within 30 minutes, but the anecdotal reports of deaths from secondary adverse reactions, cannot be ruled out at this point from the potential wrongful death cases. If your loved one died while being administered heparin or after the cessation of heparin therapy, after the beginning of 2007, call. We believe that there are hundreds, possibly thousands, more cases of seemingly natural causes of death, that were caused or contributed to, by OSCS contamination. 8. What if there was a death or a serious injury consequence from HIT? HIT is short for heparin induced thrombocytopenia. HIT is a condition where the body reacts to heparin, while or after it is administered, causing the blood to clot. This clotting can result in death, serious injury (i.e., gangrene) and may even leave survivors with severe consequences, such as amputations. The scientific evidence is beginning to mount that OSCS may cause or exaggerate a HIT response or reaction. Thus, we believe all case of HIT after 2007 and up to this date, should be investigated. We suspect that OSCS may cause a cumulative sensitization phenomenon, a type of consequence which often happens with a bee sting. Most people experience little more than local pain and brief swelling with repeated stings by bees. Some people, however, become increasingly more sensitive with each sting, until they finally reach the point of a severe allergic reaction or even death. In the case of OSCS, a second or later exposure may be the one causing the catastrophic consequence. Thus, we are not ruling out a case where someone was administered heparin during the presumptive contamination period – September 13, 2007 through April 30, 2008 – and then had a catastrophic reaction to heparin, even if the second dosage of was not contaminated. 9. How many people were poisoned? We don’t know the answer, but we want to create a ground swell of public opinion demanding that answer. We do know that millions of doses of contaminated heparin were administered. How many were poisoned? We won’t know unless each and every case in which a person died or was severely injured while taking heparin is investigated. For information on the recall, click here: To contact us, call 800-992-9447. Gordon Johnson is the Owner of the Johnson Law Office.
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©Gordon S. Johnson, Jr. 2008, 2009. |
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