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Major Malpractice Class Action Lawsuit Looms for Doctors Who Ignore Heart Scan Tests

It has been several years since new medical discoveries have debunked old theories regarding heart disease and heart attack and have verified the efficacy of CT heart scans for detecting both early and advanced heart disease. Doctors who fail to keep apprised of these finding or refuse to change their practice for financial reasons put themselves at risk for becoming defendants in a major malpractice class action lawsuit. The plaintiffs will be a growing class of persons who were debilitated by avoidable heart attacks and heart procedures and the heirs and estates of those who have died.

Milwaukee, WI (PRWEB) November 29, 2005 -- This press release outlines a template for a potential class action lawsuit that may be on the horizon for the medical industry. The class of plaintiffs for this theoretical action remains latent but is growing on a daily basis. However, it requires only one such plaintiff to find an attorney who recognizes the scale and magnitude of the potential damages and move forward on a contingency basis. In real terms, this class could include 80% of those who had a heart attack, underwent a heart procedure, or subsequently died. According to the latest American Heart Association statistics, this number is estimated to be a least 865,000 persons and the entire class could easily be 10 times that number. Using a conservative estimate of $500,000 in damages per class member, the total damages could exceed $400 billion.

The plaintiffs, defendants, third parties, and facts surrounding the following moot complaint represent an actual incident. The names, specific health information, and dates have been changed to protect potential litigants.

Plaintiff, through his attorneys, brings this action on behalf of himself and all others similarly situated, and on personal knowledge as to himself and his activities, and on information and belief as to all other matters, based on investigation conducted by counsel, hereby alleges as follows:

NATURE OF THE ACTION

1.Plaintiff brings this class action on behalf of himself and all other persons who suffered physical damages or mental distress as a result of receiving a medical diagnosis indicating they had no identifiable heart disease, elevated risk for heat attack, or who were prescribed medications not suited to treat their heart disease once detected.

2.Substantial and irrefutable medical evidence has established that cardiac stress testing is an ineffective method for detecting heart disease of the type that is the root cause in over 90% of all heart attacks and other complications of heart disease that result in death or debilitating injury. A readily available and well-publicized test known as “CT heart scanning” is capable of detecting virtually all heart disease of this nature. It has also been established that simple cholesterol testing often fails to detect persons like likely to develop serious heart disease and prevents them from receiving common treatments capable of reducing or eliminating the source of their undetected heart disease. Readily available blood testing techniques exist that are capable of detecting non-cholesterol related sources of heart disease.

3.The medical community has made significant investments in outdated methods of detecting and treating heart disease. They rely on the revenue streams generated by providing these treatments to persons whose heart disease has progressed to the stage that intervention is required to prevent death or debilitation. Any change in diagnostic or treatment methods resulting in the prevention of heart disease would require substantial investments in new technologies and would severely reduce the market for current treatments. Plaintiffs believe this is a motivating factor in the neglect and willful suppression of readily available technology capable of detecting and preventing heart disease and represents gross medical malpractice.

SUBSTANTIVE ALLEGATIONS

On January 23, 1999, Plaintiff underwent a CT Heart Scan which was interpreted by a cardiologist at the ABC Scan Center. Plaintiff received a report from the Scan Center cardiologist indicating that his “calcium score” placed him in the top 1% for heart attack risk among men in his age group. The report also included the comment “Patient has a high risk of having at least one major stenosis (50% or greater blockage) in his Left Anterior Descending (LAD) artery and is urged to consult with a physician regarding this finding.”

On March 3, 1999 Plaintiff presented Defendant with the results of the January 23, 1999 CT Heart Scan. Defendant told Plaintiff to disregard the CT Heart Scan Results and ordered a physical including a stress test and cholesterol blood test.

On April 1, 2005, Plaintiff had a heart attack and a subsequent coronary angiography that confirmed multiple obstructive coronary plaques in his LAD. Plaintiff received an emergency balloon angioplasty to relieve his acute condition. Substantial damage to plaintiff's heart was incurred before emergency angioplasty could be instituted.

On April 3, 2005, per Defendant’s recommendation, Plaintiff underwent open heart surgery to insert three bypasses in his LAD to resolve substantial obstructive heart disease, the same artery identified as having likely obstructive heart disease over 5 years earlier via CT heart scan.

On July 7, 2005, Plaintiff independently obtained additional blood testing not ordered by Plaintiff and was found to have several additional blood abnormalities not discovered by Defendant that are known to contribute to the development of heart disease and were readily treatable using lifestyle changes, nutritional supplements, and prescription drugs.

As early as September, 1996, the American Heart Association (AHA) issued a “Scientific Statement” to health professionals acknowledging the strong link between heart attacks and high calcium scores in asymptomatic patients. Extensive studies and references have confirmed the ineffectiveness of stress testing to reveal early heart disease in asymptomatic patients.

Plaintiff alleges that Defendant failed to utilize readily available medical tests and protocols to identify, aggressively treat, and potentially delay, halt, or reverse advanced heart disease that later resulted in extensive physical and emotional trauma to the Defendant.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff herein demands judgment:

A. Declaring this action to be a proper class action maintainable pursuant to Rule 23 of the Federal Rules of Civil Procedure and declaring Plaintiff to be a proper Class representative;

B. Awarding damages against each defendant, joint and severally, and in favor of Plaintiff and all other members of the Class, in an amount determined to have been sustained by them, awarding money damages as appropriate, plus pre-judgment interest;

C. Awarding Plaintiff and the Class the costs and other disbursements of this suit, including without limitation, reasonable fees for attorneys, accountants, experts; and

JURY DEMAND

Plaintiff hereby demands a trial by jury.

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Press Contact: Chris Kliesmet
Company Name:
Email: email protected from spam bots
Phone: 414-429-9501
Website: http://www.trackyourplaque.com

# posted by (hris @ 9:47 AM 0 comments

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# posted by (hris @ 10:38 PM 0 comments

Stewart-Jackson Pharmacal’s Sales Meeting

(PRWEB) October 29, 2005 -- Stewart-Jackson Pharmacal, a strategically positioned pharmaceutical company focused on drugs for common ailments, urology and the cardiovascular system, recently ran a Baker Communications-led sales training program during their annual sales kick-off meeting.

The sales program, Pharmaceutical Selling Skills, incorporated key components of Baker Communications’ value-drive Consultative Selling Skills training program with a specific customized approach designed towards meeting the needs of the pharmaceutical industry. Additional components related to behavioral style assessments and solution-based selling were incorporated into the session.

Several factors led Stewart-Jackson Pharmacal to choose Baker Communications to provide expert training and facilitation during their annual sales meeting.     Initially, one of the key factors was finding a company that was able to tailor their curriculum to meet their specific timeline and to deliver a program with rather short notice. The ability to ensure that training content was specific to the pharmaceutical industry was also a key factor in the company’s selection. Furthermore, the attention provided by Baker Communications’ dedicated account manager played a key role in securing the business. Training was conducted during the summer of 2005 and was well-received by the sales team.

About Baker Communications
Since 1979, Baker Communications www.bakercommunications.com founded by James A. (Jim) Baker has trained hundreds of thousands of individuals to reach their maximum performance in the workplace. Globally-recognized companies, associations, non-profit organizations and government agencies have depended on Baker Communications to act as a valued training provider to equip their employees with the skills that produce results in the field and in the office. Baker Communications materials have been used and taught worldwide in Europe, South America, North America, the Middle East and Asia Pacific. Classes are held publicly throughout the country in over twenty cities or on-site at client locations.

About Stewart-Jackson Pharmacal
With sales representatives in the Southeast, Florida and Texas, Stewart-Jackson Pharmacal has direct coverage in 11 states and extended indirect reach in various states throughout the U.S. Stewart-Jackson Pharmacal is strategically positioned for rapid yet controlled growth, both in terms of its sales force and product portfolio. The company was founded in 1975 by two gentlemen who had a vision to provide quality and affordable drugs for common ailments within the general population. With an initial focus on respiratory drugs, more commonly known as the cough-and-cold category, their vision has evolved through the decades to include urology and cardiovascular drugs.

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Press Contact: James Baker
Company Name: BAKER COMMUNICATIONS INC.
Email: james.a.baker@bakercommunications.com
Phone: 713-627-7700
Website: www.bakercommunications.com  

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# posted by (hris @ 3:33 PM 0 comments