Jury tells nursing home: Pay $8 million to estate of man whose legs employees broke; homes seek legislative insulation from suits

A Louisville nursing home was ordered to pay $8 million in damages last week to the estate of a retired surgeon whose legs were broken while he was being transferred from a chair to his bed at Treyton Oak Towers. He died less than two months later.

The incident happened to Dr. David Griffin in September 2008. Griffin, who had suffered a stroke, was put back in bed "like it didn't happen," attorney Matt Minner said. Employees reportedly were told to change medical records and cover up the act. Because of his condition from the stroke, Griffin couldn't tell anyone "about the agony he was in," Minner told The Courier-Journal.

Treyton Oak Towers plans to appeal the ruling. Its attorney, Scott Whonsetler, told newspaper that "Griffin had severe osteoporosis and doctors failed to inform nursing home employees of the diagnosis," Andrew Wolfson and Jason Riley report . "We categorically deny that there was any coverup whatsoever" after the incident, Whonsetler said.

The verdict, returned after about two hours of deliberation, includes $2 million for pain and suffering, $1 million for violating the state nursing home statute and $5 million in punitive damages. (Read more)

The verdict comes after the introduction of House Bill 361, which would establish medical review panels. Under the proposal, panel members would consider whether civil litigation against a nursing home is warranted before it is sent to court. The purpose of the panel would be to prevent frivolous lawsuits, but "could deny nursing home residents access to the courts of law," reads a press release by Kentuckians for Nursing Home Reform, a nonprofit organization that advocates for nursing home residents. The bill was introduced Feb. 1 but has not been posted for consideration by the House Health and Welfare Committee.

Same Catholic health system considering University Hospital's request for proposals

Though Gov. Steve Beshear twice rejected a proposal that would have merged it with a Catholic health system, University Hospital's expected release of a request for proposals is drawing attention from the same Catholic health system, reports Laura Ungar of The Courier-Journal. (C-J photo by John Rott)

"We still believe that a close working relationship with the University of Louisville School of Medicine and University Medical Center is important to our vision as an organization, to this community and citizens across the commonwealth," wrote Ruth Brinkley, chief executive officer of KentuckyOne Health, the company created after St. Joseph Health System, owned by Catholic Health Initiatives, and Jewish Hospital & St. Mary's HealthCare merged earlier this year.

If the deal had gone through as planned, University Hospital would also have been part of that merger. But since University Hospital would have been subject to Catholic health directives — which includes forbidding sterilization and in-vitro fertilization — under the merger, Beshear rejected the deal; University Hospital has been ruled a public entity. The New York Times notes the episode in a story today saying the expansion of Catholic hospitals could limit reproductive health care.

Last week, University Hospital's operator was given permission to make a request for proposals "aimed at attracting interest from other health care entities that could stabilize the finances of the area's main safety-net hospital," reports The Associated Press. Finding such a partner is "very" critical, said Dr. David Dunn, U of L's executive vice president for health affairs.(Read more)

But after The C-J reported permission for the RFP had been granted, Brinkley sent out a note to physicians and administrators of KentuckyOne Health. "As we more closely examine the RFP and begin our planning process, we will share additional information with you," she wrote.

Merger critics said pairing up with KentuckyOne Health would lead to the same problems as the first proposal. "It's still the same pig. They're still trying to make it into a silk purse," said Honi Goldman of Louisville. "It's a dangerous road to go down ... Why are they stuck on this one suitor?" (Read more)

2009 U.S. suicide rate highest in 15 years; 600 Ky. teens in 2010

The year 2009 had the highest number of suicides in 15 years, data collected by the Centers for Disease Control and Prevention indicate.

Between 2008 and 2009, the suicide rate increased 2.4 percent, with 36,909 suicide deaths nationwide. In 2008, 13.4 percent of people who committed suicide had either job or money issues, reports research-reporting service Newswise. Numbers are expected to rise, with the National Suicide Prevention Lifeline reporting a 14 percent increase in call volume between 2010 and 2011.

Between 2008 and 2009 about 8.3 million adults (nearly 4 percent of the U.S. adult population) said they had serious thoughts about suicide in the past year, CDC data show. More than 2.2 million adults reported making plans for suicide in the past year and more than 1 million adults said they attempted suicide in the past year. (Read more)

About 600 Kentucky teens died by suicide last year, reports Jennifer Hewlett for the Lexington Herald-Leader.

Brains of autistic children develop differently, study finds

MRI image of young brain in study

Researchers have found significant differences in brain development starting at age 6 months in high-risk infants who develop autism compared to those who don't. The finding suggests the disorder develops over time and doesn't have a sudden onset, which is often believed to be the case.

"It's a preliminary, albeit great, first step towards thinking about developing a biomarker for risk in advance of our current ability to diagnose autism," said Jason J. Wolff, lead author of the study.

The study may be useful for journalists writing new stories about autistic children and their parents; April is National Autism Awareness Month. It raises the possibility "that we may be able to interrupt that process with targeted intervention," Wolff said.

Participants in the study, which was published online in the Advance section of the American Journal of Psychiatry, included 92 infants who have older siblings with autism and so were considered at high risk for developing the disorder. They were tested using a type of MRI at 6 months of age and had behavioral assessments done at 24 months. Most of the infants also had more brain-imaging scans at either or both 12 and 24 months of age, reports research-reporting service Newswise.

At 24 months, 28 infants — 30 percent — fell into the autism disorder spectrum, while 64 did not. "The two groups differed in white matter fiber tract development — pathways that connect brain regions — as measured by fractional anisotropy," Newswise reports.

Based on the way water molecules move through brain issue, fractional anisotrophy measures the way white matter is organized and develops. In 12 of the 15 tracts of children who did develop autism, there were significant FA trajectories. "This evidence, which implicates multiple fiber pathways, suggests that autism is a whole-brain phenomenon not isolated to any particular brain region," Wolff said. (Read more)

41 Kentucky high schools receive grants for nutrition, exercise, tobacco prevention to be planned by students

More than 40 Kentucky high schools will receive grants to improve student nutrition, increase physical activity or prevent tobacco use. The "Students Taking Charge" program will have students assessing their school environment and coming up with and implementing an action plan to create healthy changes.

"We have to create programs that get our young people involved in the process and on the path to lifelong health and wellness," said Victoria Greenwell, administrator for the state Department of Public Health's Coordinated School Health program and co-chair of Kentucky Action for Healthy Kids. "If we wait until children are grown to introduce them to healthy environments or sensible eating and exercise plans, it's often too late. We have to act now to instill the values of leading a healthy lifestyle."

Just 16.7 percent of Kentucky students reported eating five servings of fruit and vegetables every day and under 40 percent of students said they had been active for an hour on five days during a week, the 2011 Youth Risk Behavior Survey found. The survey also found nearly 1 in 3 students said they'd used a tobacco product in the past 30 days.

To see which schools received a grant and for more information, click here.

Board suspends license of doctor at raided Lexington pain clinic

DEA agent enters building housing clinic
(Herald-Leader photo by Charles Bertram)

Read more here: http://www.kentucky.com/2012/02/16/2071374/board-suspends-medical-license.html#storylink=cpy

The Kentucky Board of Medical Licensure imposed an emergency suspension yesterday on the license of the doctor at a Lexington pain clinic that was raided by the Drug Enforcement Administration on Wednesday.

Dr. Najam Azmat "had little formal training in pain management or primary care, yet he was paid $7,500 a week to write prescriptions for powerful narcotic painkillers" at Lexington Algiatry, a pain clinic on Alexandria Drive, the Lexington Herald-Leader reports, drawing on board documents. The board's order said, "Azmat organized his practice at the Lexington Algiatry Clinic to maximize fraud and abuse, and it appears to be intentional."

The board "acted on an investigation that's been going on for some time," President Preston Nunnelley told the Herald-Leader. Azmat referred the newspaper to his lawyer, Fox DeMoisey of Louisville, who said he could not respond because he had not seen the board's allegations or the DEA's search warrant. "He intends to defend the matter vigorously," DeMoisey told the paper.

Azmat told a board investigator that he was employed by Warren Gold of Tampa, Fla., who owns Lexington Algiatry, for $7,500 a week. Valarie Honeycutt Spears and Josh Kegley of the Herald-Leader report, "Gold provided him with an apartment in Lexington, and Azmat traveled between Lexington and Georgia, where his family lives, organizing his work schedule around his flight schedule, the documents said." (Read more)

UPDATE, Feb. 18: A representative of the clinic "filed to do business under a new name," Kegley reports.

His latest story has more background on Gold, left, who pleaded no contest in Tampa to operating a pain clinic without a license, which at the time (2010) was required only by a local ordinance. His probation ended Dec. 23. He does not have a medical license in Florida or Kentucky, Kegley reports.

Read more here: http://www.kentucky.com/2012/02/16/2071374/board-suspends-medical-license.html#storylink=cpy

Read more here: http://www.kentucky.com/2012/02/16/2071374/board-suspends-medical-license.html#storylink=cpy

Read more here: http://www.kentucky.com/2012/02/16/2071374/board-suspends-medical-license.html#storyli

Senate committee narrowly passes meds-for-meth bill as advocates start their own radio advertising campaign

In the face of a strong lobbying effort by makers of over-the-counter cold medicines, a state Senate committee narrowly approved a bill today that would require a prescription for most products containing pseudoephedrine, a key ingredient used to make methamphetamine.

Senate Bill 50, approved 6-5 by the Judiciary Committee, is sponsored by Senate Majority Floor Leader Robert Stivers, R-Manchester, left, but he said he isn't sure of its chances in the full Senate, reports Jack Brammer of the Lexington Herald-Leader. A similar bill got out of committee last year but never came to a vote on the Senate floor because it lacked the votes to pass. This year's bill would not apply to gelcaps, which are more difficult to use in meth making.

The Kentucky State Police recorded about 1,200 meth labs last year, and former meth addict Melanda Adams, from Stivers' home Clay County, told the committee she believed the bill would "cut the burgeoning number of dangerous home-made meth labs in the state." The Consumer Healthcare Products Association, a non-profit that represents the over-the-counter medicine industry, argues that requiring a prescription would "create a hardship for legitimate consumers," reports Jessie Halladay of The Courier-Journal.

Only Oregon and Mississippi have passed such laws, so Kentucky has become a firewall for the drug makers' lobby, which has bought many radio commercials urging people to contact senators in opposition to the bill, contending it would "punish Kentucky families" and pushing an alternative measure that would bar people convicted of meth making from buying the medicines. Opponents of that bill say meth makers would continue to use surrogates to buy the medicines for them. Sen. Ray Jones, D-Pikeville, who voted for SB 50, called the radio ads "scare tactics." UPDATE: For more on the lawmakers' complaints about the ads, from cn|2 Politics, click here.

As of Feb. 3, the group had spent more than $82,000 running ads on Louisville, Lexington and Somerset radio stations owned by Clear Channel Communications Inc., the nation's largest radio operator, according to public-inspection files at those stations. In 2011, CHPA paid the Kentucky Association of Radio and Television more than $93,000 to run ads, according to public-inspection files from Cummulus Broadcasting, another major owner of stations in Kentucky.

UPDATE, Feb. 17: The drug makers have a 60-second ad from Pat Davis, who identifies herself as "a Kentucky resident for over 20 years" and the mother of six children who all "battle allergies." She is not identified as the wife of 4th District U.S. Rep. Geoff Davis, who is not seeking re-election. She testified against last year's bill. Here is the ad, via Page One Kentucky, a popular blog that has been critical of the legislation.

The drug makers' ads have been running uncontested for two months, but this week a group headed by Knox and Laurel County's Commonwealth's Attorney Jackie Steele, Real Facts About Meth, offered a counter-ad, describing the impact of meth on communities. The group does not appear to be well funded; its website solicits contributions.