Archive for the ‘LEGAL COURTS POLICE’ Category


Saturday, January 30th, 2016

inhalers for asthmatics image www.newcures (1)inhalers for asthmatics image www.newcures (3)

Two Lead Stories lately (the “asthma stories”) were by far the most-suggested stories by readers recently. I think every one of them just suggested one or the other, and they probably didn’t know about the other. The two stories, which happened about a week apart, and about 165 miles apart, are pretty amazing together.

But let’s not just point at Texas: it happens all over. And I’m certainly not being overly dramatic by saying this can be a life or death situation. Ryan Gibbons, 12, of Straffordville, Ont., Canada (you know ZT is international, right?) died October 9, 2012, because his school wouldn’t let him carry his inhaler with him. They literally took it away from him.

Ryan’s mother campaigned for a new law to force schools to allow kids to have their inhalers with them. It took three years, but Ontario passed it — and apparently Ontario is still the only Canadian province to have such a law. It’s called “Ryan’s Law”. Yet “There are still school boards all across this country and schools within those boards that don’t allow children to carry their puffers,” said Rob Oliphant, president of the Asthma Society of Canada. “It’s usually part of a blanket understanding of medications, so they say medications are unsafe, they have that idea in their head, so they lock them up in the principal’s office.”

Bryant Elementary School in Philadelphia, Pa., did not allow Laporshia Massey, 12, to have her inhaler. Worse, students there are not allowed to take medications without a school nurse present. You guessed it: there was no nurse on duty on September 25, 2013, when Massey had an asthma attack. Rather than call 911, the school took the girl home, where she died. Her parents sued the school.

Those are just two cases I found in a quick search: there are more. “Certainly as a doctor we think about controlled substances like narcotics or illegal or illicit drugs like marijuana and they are nowhere near the same category,” says Dr. Gary Weinstein, director of the Asthma Management Program at Texas Health Presbyterian Hospital in Dallas, commenting on the Garland case. Yet schools freak out because inhalers are “drugs” and we must “Just Say No!” to “drugs” because that’s the zero tolerance way. Meth and cocaine are not the same as albuterol inhalers, which “have little potential for abuse,” Weinstein says. Yet after all these years — and death after death — schools can’t seem to grasp the difference. A drug is a drug is a drug.

The nurse at Volusia County (Fla.) School watched as Michael Rudi, 17, collapsed on the floor from an asthma attack. He had made it to the office in time, but the nurse wouldn’t give him his inhaler because she didn’t find a medical release form signed by a parent. His inhaler was there, in its original packaging with Michael’s name on it (and his doctor’s!), yet without that form they wouldn’t give it to him. They called his mother, but she was not allowed to give permission over the phone; she had to come to the school and sign the form. “As soon as we opened up the door, we saw my son collapsing against the wall on the floor of the nurse’s office while she was standing in the window of the locked door looking down at my son, who was in full-blown asthma attack,” Sue Rudi says. She barely got there in time: her son lived. “I believe that when I closed my eyes I wasn’t going to wake up,” the boy said later. He was sure he was going to die.

Cheryl Selesky, the district’s Director of Student Health Services, insisted it was Michael’s parents’ fault for not being sure a new signed form was on file — none of the forms they had signed for the previous school years were good enough. Following her rule was more important than Michael’s life. The school couldn’t even be bothered to call 911. And that’s with a trained nurse present!

Kids need to be part of their own healthcare: they know when they need life-saving medications, and teachers and school administrators have no business butting in and taking those medications away. Having them locked up in the school office is no substitute even when there is a nurse on duty. Kids with medical problems have enough problems with bullies among their fellow students. To institutionalize the bullying by making kids gasping for breath walk or be carried to the office to beg for life-saving medications, because they’re “controlled substances” not differentiated from marijuana, is absurd, and not in the best interest of the kids, society, or the taxpayers who have to foot the bill when the schools are sued over their gross negligence, allowing — even forcing — the deaths of the pupils in their care. It’s downright sadistic.

U.S. News and World Report magazine reported in 2012 that “all 50 states have laws that allow children with asthma to carry inhalers at school and 48 states have laws that let youngsters carry epinephrine pens for serious allergies,” yet “experts say that some kids are still being denied access to these lifesaving medications during the school day.” Obviously, in 2016 that’s still the case.

When school officials get in the middle of the care between a child and their doctors, those school officials need to be personally liable for their decisions: no hiding behind “policy” or “zero tolerance” whether there’s a law or not. They need to be sued and lose their jobs and homes, and local authorities should consider criminal charges — and prosecutors should press for prison time. Hell, that happens all the time when people treat animals that way, so why don’t we press charges when school administrators treat children this way? This crap needs to stop, and right now: there is no reason for these children to suffer, even die, when help is so easily available.


Henry Sapiecha


Saturday, July 11th, 2015

The Fata Failure gets life for deceiving & killing cancer patients in a USA clinic

Dr Farid Fata has been jailed for 45 years image

Read the full story here >>Alpha_Dista_Icon_57

Asbestos victim wins right to claim compensation from miner for malignant mesothelioma

Monday, March 16th, 2015

Malignant mesothelioma caused by asbestos judge says he is satisfied on that point in court claim

A former Gove [Australia] alumina refinery worker has successfully claimed $425,000 in compensation for malignant mesothelioma, which developed as a result of asbestos exposure during the 1970s.

Zorko Zabic, 74, was denied compensation by a Supreme Court ruling in January as he did not make the claim within the period outlined in the statute of limitation.

Zabic began to experience chest pains in January 2014, after a typically long latency period for that type of cancer, but it was ruled a year later that his claim was statute-barred as it should have been filed before 1987.

Asbestos victim wins right to claim compo

Justice Barr said at the time he was satisfied that Zabic’s condition was caused by unprotected exposure to asbestos dust and fibres during his employment as a result of negligence by Alcan Gove (purchased by Rio Tinto).

However, Justice Chief Riley has told the Court of Appeal that Zabic’s appeal has been granted.

Zabic’s lawyer Roger Singh of Shine Lawyers said the decision would pave the way for other asbestos victims in the Northern Territory previously denied the ability to make similar claims, ABC reported.

“Today’s decision is a win for workers, a win for their families and a win for humanity,” he said last week.

A spokesman for Rio Tinto said although company did not own the refinery at the time of Zabic’s employment, they had sought to resolve the matter fairly as owner of the site.

“Given that the NT had abolished the right to bring common law claims from 1987, it was our understanding that the correct process under Northern Territory legislation was for Mr Zabic to lodge a statutory workers’ compensation claim,” he said.


Henry Sapiecha


Tuesday, December 3rd, 2013

Grunenthal urged to compensate victims of thalidomide

German manufacturer should pay out victims of thalidomide after years of attempting to cover up its dangerous effects, says lawyer Peter Gordon.

Distaval, otherwise known as thalidomide

Seconds after Monica McGhie was born, she was placed in a corner of the ward to die.

The baby had no arms or legs – deformities that would later be attributed to thalidomide, the sedative her mother was given during pregnancy.

Doctors said the outlook for the newborn girl was grim.

The long-running case has been settled for $89 million. Photo: Angela Wylie

”Then mum heard me cry, and said ‘That sounds like a healthy set of lungs there. I want my daughter’.”


On Monday, the now 50-year-old looks back on a blend of happy memories and hard times. ”Mum and our family have struggled all our lives to make sure I can do things.”

Ms McGhie was among more than 100 Australians and New Zealanders living with severe physical deformities because of thalidomide who will share in an $89 million settlement after a class action ended in Melbourne.

Distaval, otherwise known as thalidomide. Photo: Science MuseumThe British multinational owner of the company that distributed thalidomide in Australia, Diageo, agreed to the settlement.But its German inventor and manufacturer, Grunenthal, did not contribute any money.


The over-the-counter drug was marketed as a sedative for pregnant women in the 1950s and 1960s. Their babies were born with severe physical deformities. Some have no limbs, damage to their nervous system, heart problems and a lower life expectancy.

“I never thought this day would come”: Monica McGhie with lawyer Peter Gordon. Photo: Angela Wylie

Lawyer Peter Gordon, of Gordon Legal, said thalidomide was the ”worst pharmaceutical disaster in the history of the world”, and slammed Grunenthal for shirking its corporate and social responsibilities.

”The real dimension of the thalidomide disaster has been vastly underestimated, under-reported and under-rated,” Mr Gordon said.

”We call on Grunenthal, above all other companies, to start, for the first time in its long and sorry history to do the right thing.”

Slater & Gordon lawyer Michael Magazanik said the class action would not continue after Diageo settled, but said Grunenthal should have taken blame.

”Every single Australian thalidomider was damaged by thalidomide made by Grunenthal in Germany and then shipped via England to Australia, yet Grunenthal refuses to pay a cent to its Australian victims,” he said.

”There is legal action against Grunenthal in the UK, the US and Spain. We think time is running out for Grunenthal before its sorry secrets and embarrassing conduct are exposed.”

In July last year Fairfax Media revealed the German drug maker ignored and covered up repeated warnings that thalidomide could damage unborn babies. Files from the Grunenthal archives exposed a 50-year global cover-up.

An estimated 10,000 babies worldwide were born with severe physical deformities because their mothers had taken thalidomide.

Diageo spokesman Ian Wright said he hoped the settlement would be seen as an act of compassion and empathy, despite Diageo not having distributed the drug itself.

”It’s been quite a long road for us to reach this agreement, but it’s obviously been an extremely long road for people affected by thalidomide,” he said.

Mr Wright hoped victims could live with a stronger sense of security, comfort and dignity.

Ms McGhie, who flew from Perth for Monday’s settlement, said she ”never thought this day would come”.

The money will help her to hire carers. ”I will be able to have the amount of support that I really need,” she said. ”One of the things I would like to do is take my mum on a cruise before time’s up.”


Henry Sapiecha

rainbow line


Tuesday, February 21st, 2012


COMPANIES do not have the right to a patent over human gene sequences and genetic mutations because such biological material is a product of nature, a court has been told.

The patient advocacy group Cancer Voices has launched landmark legal action against two biotechnology companies that hold patents over a genetic mutation linked to breast and ovarian cancer, known as BRCA1.

The Federal Court has been asked for the first time to decide if patents granted over segments of human DNA are valid.

The US biotech company Myriad Genetics and the exclusive Australian licensee, Genetic Technologies, have a monopoly right to control the use of the BRCA1 mutation for research and development as well as diagnostic testing.

It was granted on the basis that the process of isolating the gene from the human body in a laboratory constituted an “invention”.

In 2008, Genetic Technologies threatened to invoke its patent by ordering all other laboratories to stop performing BRCA1 diagnostic testing but withdrew after a public backlash. The patent is enforced in the US.

Rebecca Gilsenan, from Maurice Blackburn lawyers, which is running the case pro bono, said isolating a gene from the human body cannot amount to a patentable invention, as it is merely a ”discovery”.

Under Australian law, patents can only be granted over “inventions” which constitute a “manner of manufacture” or “manner of new manufacture”.

The court will have to decide whether a naturally occurring biological material when isolated from its natural environment is a ”manner of manufacture”.

Ms Gilsenan said the plaintiffs would argue there were no material structural or functional differences between a BRCA1 gene that is inside the body and a BRCA1 gene that has been isolated from the body.

However, David Shavin, QC, for Myriad, told the court that when removed from the body and used to predict a person’s predisposition to breast or ovarian cancer, the isolated nucleic acid is, in fact, different to that which exists in the cell.

”We are not seeking to patent the BRACA1 gene,” he said. ”The thing that has been created and isolated … is an artificially constructed state of affairs.”

Cancer Voices says allowing genetic mutations linked to specific diseases to be patented could restrict access to life-saving diagnostic procedures and actively discourage scientific research.

”More and more research is leading to the genetic diagnosis of cancer,” the group’s executive director, John Stubbs, said outside court. ”They are our genes, we want to make sure they and the diagnostic tests that go along with them are protected.”

The second applicant, breast cancer survivor Yvonne D’Arcy, said she has taken legal action as she believes biological material should not be used for profit.

”If you’re really sick and its a genetic form of cancer, then everyone female down the line should be able to get the testing done at a price they can afford and if its patented, it won’t be,” she said.

In 2010, a US District Court ruled the same patent was invalid, but the decision was overturned on appeal last year. The American Council for Civil Liberties has petitioned the US Supreme Court to review the decision.

The hearing before Justice John Nicholas is expected to last up to eight days.

Sourced & published by Henry Sapiecha


Thursday, January 20th, 2011

‘Kermit the killer’:

doctor stands accused of

eight murders in

‘house of horrors’

January 20, 2011 – 4:35PM
The "house of horrors"... The Women's Medical Society in Philadelphia, where Dr Kermit Gosnell allegedly made millions from abortions.The “house of horrors”… The Women’s Medical Society in Philadelphia, where Dr Kermit Gosnell allegedly made millions from abortions. Photo: AP

A US doctor, who gave abortions to minorities, immigrants and poor women in a “house of horrors” clinic, has been charged with eight counts of murder over the deaths of a patient and seven babies who were born alive and then killed with scissors, prosecutors say.

Dr Kermit Gosnell, 69, made millions of dollars over 30 years, performing as many illegal, late-term abortions as he could, prosecutors said.

State regulators ignored complaints about him and failed to inspect his clinic since 1993, but no charges were warranted against them given time limits and existing law, District Attorney Seth Williams said. 

Nine of Gosnell’s employees were also charged.

Gosnell “induced labour, forced the live birth of viable babies in the sixth, seventh, eighth month of pregnancy and then killed those babies by cutting into the back of the neck with scissors and severing their spinal cord”, Williams said.

Patients were subjected to squalid and barbaric conditions at Gosnell’s Women’s Medical Society, where Gosnell performed dozens of abortions a day, prosecutors said. He mostly worked overnight hours after his untrained staff administered drugs to induce labour during the day, they said.

Early last year, authorities went to investigate drug-related complaints at the clinic and stumbled on what Williams called a “house of horrors”.

Bags and bottles holding aborted foetuses “were scattered throughout the building,” Williams said. “There were jars, lining shelves, with severed feet that he kept for no medical purpose.”

The clinic was shut down and Gosnell’s medical licence was suspended after the raid.

Gosnell and four workers were charged with murder, while five others were charged with controlled drug violations and other crimes. None of the employees had any medical training, and one, a high school student, performed intravenous anaesthesia with potentially lethal narcotics, Williams said.

All 10 defendants were taken into custody, authorities said.

Two listed numbers for Gosnell in Philadelphia have been disconnected. Defence lawyer William J. Brennan, who represented Gosnell during the investigation, noted that the doctor served patients in a low-income city neighbourhood for decades.

“Obviously, these allegations are very, very serious,” Brennan said.

The grand jury said the woman who died was a patient who came to Gosnell’s clinic for an abortion and died of cardiac arrest because she was given too much Demerol. Gosnell wasn’t at the clinic at the time, but directed his staff to administer the drug to keep the woman, a healthy 41-year-old, sedated until he arrived, prosecutors said.

Gosnell has been named in at least 46 malpractice suits, including one over the death of a 22-year-old mother who died of sepsis and a perforated uterus in 2000. Many others also involve perforated uteruses. Gosnell sometimes sewed up the injury without telling women their uteruses had been perforated, prosecutors said.

Gosnell charged $325 for first-trimester abortions and $1600 to $3000 for abortions up to 30 weeks. Abortions are legal up to 24 weeks gestation in Pennsylvania, although most doctors won’t perform them after 20 weeks, prosecutors said.

Some women came from across the mid-Atlantic for the illegal late-term abortions, authorities said. White women from the suburbs were ushered into a separate, slightly cleaner area because Gosnell believed they were more likely to file complaints, Williams said.

“People knew near and far that if you needed a late-term abortion you could go see Dr Gosnell,” Williams said.

Few if any of the sedated women knew their babies were born alive and then killed, prosecutors said. Many were first-time mothers who were told they were 24 weeks pregnant, even if they were further along, authorities said.

Gosnell got his medical degree from Thomas Jefferson University in Philadelphia and is board certified in family practice. He started, but did not finish, a residency in obstetrics-gynaecologic, authorities said.

“He does not know how to do an abortion. He’s not board certified,” Assistant District Attorney Joanne Pescatore said. “Once he got them there, he saw dollar signs and did abortions that other people wouldn’t do.”

Sourced & published by Henry Sapiecha