Court Order will Help Lawyers Investigate Heparin Lawsuits

The Judge overseeing all federal heparin lawsuits stemming from last year’s recall of contaminated blood thinner, has issued an order which will assist heparin lawyers during their investigation of cases for people who may have died from the counterfeit chemical found in much of the United States’ heparin supply between late 2007 and early 2008.

The order will allow attorneys to obtain medical records as part of their investigation and evaluation of potential cases without the need to open an estate and appoint a personal representative.

Problems with heparin began to surface in November 2007, when health officials started receiving an increasing number of adverse event reports involving severe allergic-type reactions associated with the use of blood thinner, especially when heparin was given in higher doses during certain surgeries and dialysis treatments.

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Subsequent investigations identified the presence of a fake chemical, oversulfated chondroitin sulfate, in raw ingredients received from a manufacturing plant in China.

Hundreds of reports involving heparin allergic reactions were reported, and since many people who were given the blood thinner were already in poor health, at least 80 deaths have been linked to the use of contaminated heparin.

Many heparin recall lawyers who are investigating potential cases have encountered difficulty obtaining medical records for their deceased clients, as the Health Insurance Portability and Accountability Act (HIPAA) of 1996 requires that an estate be opened and a personal representative be appointed before records can be released, which can be costly.

“It has come to the Court’s attention that Plaintiffs’ counsel, in the investigation of cases involving potentially contaminated Heparin, have met numerous obstacles in obtaining the pertinent medical records on behalf of those clients who are deceased,” wrote Chief Judge James G. Carr of the United States District Court for the Northern District of Ohio, in an order issued January 20, 2009.

Judge Carr, who is handling the consolidated heparin litigation MDL in Toledo, ordered that plaintiff’s counsel shall be considered the “personal representative” of the deceased individual for purposes of collecting medical records, eliminating the delays and costs associated with opening an estate before records can be evaluated.

Based on the order, healthcare providers will be able to produce records which lawyers believe are reasonably related to their deceased client’s use of heparin, potential health problems resulting from the heparin or conditions which led to the use of the blood thinner.

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7 Comments

  • KatherineJune 10, 2011 at 8:35 pm

    Luck is on our side,Baxter lost the first heparin case in Illinois on 06/09/2011.Read the Chicago Trubine on that day,be patience it will turn out all right for everyone.my sisters and I stay updated all the time.The lawyers are very busy day and night on these cases.they work very hard for us,just watch the internet and newspapers,everything is going right.

  • scottMay 7, 2011 at 9:28 pm

    i have a case pending on this heprin deal.... here's what they don't tell you at all: 1st., just because an order was set forth by the ohio court, it does not mean that hospitals will release any records to anyone! My wife passed away in las vegas at sunrise hospital in december of 2007 after recieving 2 dyalisis treatments within a 24 hr. period. I learned very shortly thereafter that contaminate[Show More]i have a case pending on this heprin deal.... here's what they don't tell you at all: 1st., just because an order was set forth by the ohio court, it does not mean that hospitals will release any records to anyone! My wife passed away in las vegas at sunrise hospital in december of 2007 after recieving 2 dyalisis treatments within a 24 hr. period. I learned very shortly thereafter that contaminated heprin was being used at that facility. I have ran into numerous complications and road blocks along with expenses that i cannot pay out of pocket to hire the extra attorney that the firm that represents me is asking me to do. I find all of this very alarming since i have been left with 5 children to raise. All I know is that my wife died after this product was used on her, and it seems that businesses use the loop-holes in the system to get out of releasing records or even paying the victims after something like this happens. IT IS SOOO WRONG!! I wonder what their kids would think if their mom died 2 weeks before Christmas due to a contaminated chemical???? SO GOOD LUCK

  • johnApril 21, 2011 at 3:00 pm

    retired- we are in the same boat as you. However i have alot of confidence in this case and the attorneys representing the victems. The facts are in our favor and the case is very strong against the mfg companies. Hang in there, those laywers are working day and night. They will get a big check and so will you. These MDL's take time. My father was seriouly injured, we have no choice we have towa[Show More]retired- we are in the same boat as you. However i have alot of confidence in this case and the attorneys representing the victems. The facts are in our favor and the case is very strong against the mfg companies. Hang in there, those laywers are working day and night. They will get a big check and so will you. These MDL's take time. My father was seriouly injured, we have no choice we have towait, be paitent we cant rush the clock on these cases. Its very methodical.

  • retiredApril 12, 2011 at 6:43 am

    JACQUELINE, I was hospitalized at the VA Hospital in San Diego for 6 months in 2008 and had heparin during that six months. I suffered from a large amount of complications, and fought for my life the whole six months. I became a member of a heparin class action lawsuit a couple of years ago after I left the hospital. The lawsuit is against the heparin suppliers, not the VA. I never get updates on[Show More]JACQUELINE, I was hospitalized at the VA Hospital in San Diego for 6 months in 2008 and had heparin during that six months. I suffered from a large amount of complications, and fought for my life the whole six months. I became a member of a heparin class action lawsuit a couple of years ago after I left the hospital. The lawsuit is against the heparin suppliers, not the VA. I never get updates on what is going on. We can only hope they are doing something behind the scenes.... Too bad no one ever gives upfdates, we are kept in t he dark. Good luck,,

  • JACQUELINEApril 6, 2011 at 4:33 am

    MY HUSBAND WAS GIVEN HEPARIN AT VA MEDICAL CENTER DALLAS TX 10/16/08 . HE HAS CONTRACTED HIT ( HEPARIN INDUCED) . NOW HAS TO TAKE COUMADIN FOR THE REST OF HIS LIFE. THE VA SAYS BECAUSE HE SIGNED CONSENT TO HAVE SURGERY IT IS NOT THERE FAULT . NO INVESTIGATION NO COMPENSATION JUST TAKE THE PILLS AND GO AWAY. AT FIRST THEY SAID TAKE COUMADIN FOR 6 MONTHS NOWNO DR WILL EVER STOP BECAUSE OF BLOOD CLO[Show More]MY HUSBAND WAS GIVEN HEPARIN AT VA MEDICAL CENTER DALLAS TX 10/16/08 . HE HAS CONTRACTED HIT ( HEPARIN INDUCED) . NOW HAS TO TAKE COUMADIN FOR THE REST OF HIS LIFE. THE VA SAYS BECAUSE HE SIGNED CONSENT TO HAVE SURGERY IT IS NOT THERE FAULT . NO INVESTIGATION NO COMPENSATION JUST TAKE THE PILLS AND GO AWAY. AT FIRST THEY SAID TAKE COUMADIN FOR 6 MONTHS NOWNO DR WILL EVER STOP BECAUSE OF BLOOD CLOTS, RENEAL DISEASE AND OTHER SIDE EFFECTS THEY CAN NOT CURE.

  • monroeApril 29, 2009 at 6:38 pm

    OU MEDICAL in okc used heparin the first week in january 08 Wife died March 8,2008. Could not get the ou purchase agent to give me the batch number on their Baxter heparin in stock. I really believe this was the start of my wife's downhill slide to death. Monroe sumter, Oklahoma

  • cooperFebruary 2, 2009 at 6:27 pm

    Am looking forward to the coupon Baxter will issue to replace the heparin that killed my mother. It will be a solace.

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