You may have heard this one before: 50 percent of all normal and asymptomatic adults have at least one herniated disc (sometimes referred to as a slipped disc.) However, unlike many other buzzy medical “factoids,” this one is more myth than truth.

In 1984, a paper was published in Spine, a biweekly peer-reviewed medical journal that covers the research field of orthopedics. In the paper, it noted that in the over-40 age group, more than half of the MRI scans of people who had no complaints of back pain were “abnormal.”

Over time, this statistic took on a different meaning, getting interpreted and reinterpreted to mean “50 percent of all normal people have a disc bulge or disc herniation.” However, this interpretation is quite a stretch of the facts.

The original authors of this paper described “abnormalities” in a very broad sense, including frequently benign findings such as facet arthrosis and spondylosis under the umbrella of abnormal.

In fact, disc herniations were found in only 19 percent of the over 40 age group. This statistic was in line with other reports of asymptomatic disc bulge/herniation.

It is also important to keep in mind that there is another common medical/legal misconception that the presence of spinal degeneration is generally always 1) abnormal, 2) likely to be painful, and 3) the likely source of the patient’s pain—as opposed to a claimed injury. In reality, degeneration is such a common finding that is it generally considered a normal part of the aging process, and it correlates very poorly with pain or disability.

If you or a loved one suffer spinal injuries such as a herniated disc in an accident, it is strongly recommended that you seek experienced counsel immediately. An experienced lawyer will be able to separate the truth from fiction and present your claim in a fair, unbiased fashion.

FDA Commissioner Scott Gottlieb announced plans to “restrict” sales locations for flavored e-cigarettes that appeal to youth. The restriction, which falls far short of a ban, will require sales to take place only in “age-restricted in-person locations and, if sold online, under heightened practices for age verification.”

The restriction does not apply to menthol, mint, or tobacco flavors because, ostensibly, these appeal in greater percentages to adults. Even so, Gottlieb cites that 20% of kids, roughly 720,000, choose menthol flavoring for e-cigarettes and 54% of minors who smoke combustible cigarettes choose menthol as well. A full ban against similar flavorings, i.e., those that appeal to youth and young adults, was issued for tobacco cigarettes in 2009.

Continue Reading FDA Announces Plan for Restricting Access to Flavored E-Cigarettes

Did you know JUUL implemented a vaping prevention program targeted for use in schools? JUUL is the rapid-rise vaping company that makes e-cigarettes that look like USB units, and vaping liquids with high concentrations of nicotine. It has suffered heavy criticism for its appeal to underage youth and is being investigated by the FDA for targeting underage users in its advertising.

The vaping prevention program, which was created at the start of JUUL’s commercial launch in 2015, has also faced criticism, most recently in an article in the Journal of Adolescent Health.

Continue Reading JUUL Has An Anti-Vaping Program For Schools?

A new board chairwoman has been appointed and a state-ordered infectious disease specialist has been hired in response to a bacterial outbreak that occurred at University Hospital in Newark, New Jersey.

The outbreak occurred in the hospital’s neonatal intensive care unit (NICU) and as a result four infants contracted an infection caused by the Acinetobacter baumannii bacteria and one infant has died.

Continue Reading Newark Hospital Appointed a New Board Chair after Bacterial Outbreak

A second outbreak of the adenovirus has been reported and confirmed at a long-term care facility for children in Voorhees, New Jersey. This strain of adenovirus has been identified as Type 3, different than the Type 7 strain that has infected 30 patients and killed 10 at the Wanaque Center for Nursing and Rehabilitation.

The New Jersey Department of Health (DOH) announced on November 5th that the adenovirus was found at the Voorhees Pediatric Facility, and four children have contracted the illness. Two inspectors from the DOH’s Division of Health Facility Survey and Field Operations visited the facility on October 30, and their preliminary findings revealed no infection control issues and no citations were issued.

Continue Reading Second Adenovirus Outbreak Confirmed at Voorhees, NJ Facility

The New Jersey Department of Health (DOH) has reported that seven children have died and twelve more remain infected as a result of an adenovirus outbreak in a nursing and rehabilitation facility in Wanaque.

The facility is the Wanaque Center for Nursing and Rehabilitation, and first notified the DOH of a respiratory illness outbreak on October 9. On October 19, the center sent out letters to parents of children at the facility informing them of the outbreak.

Continue Reading Seven Children Die After Outbreak in New Jersey Facility

A doctor in Philipsburg, New Jersey has lost his license after allegations that the physician had accepted more than $117,000 from the pharmaceutical company Insys Therapeutics, Inc. to prescribe the company’s fentanyl painkiller Subsys to his patients.

Dr. Kenneth P. Sun consented to the New Jersey State Board of Medical Examiners (NJSBME) decision to revoke his license amid allegations that he had written hundreds of Subsys prescriptions for patients for whom the drug was not designed. Subsys is intended as a treatment for cancer patients over the age of 18 who are already receiving “around-the-clock opioid therapy” for their “persistent cancer pain.”

Continue Reading NJ Doctor Stripped of License Over Hundreds of Opioid Prescriptions for the Drug Subsys

Stark & Stark will be heading to the beach to meet everyone at the 2018 Roar to the Shore and DelMarVa Bike Week this September. While at both events, we will have with us the granddaughter and great-grandson of Harley-Davidson co-founder Walter Davidson as our guest speakers, Jean Davidson and her son John Oeflein, respectively. Come to meet Jean and Jon along with Stark & Stark’s Riders’ Lawyers, our personal injury attorneys who understand what it means to be a rider.

Jean Davidson is the granddaughter of Walter Davidson, one of the four founders and first president of Harley-Davidson. Jean Davidson started riding at the age of 12, and eventually went on to own the largest Harley Davidson dealership in Wisconsin. Because of this, Jean had the opportunity to work with the Harley Davidson family, famous racers, Hell’s Angels, and even Evil Knievel. Jean has lived an incredible rider experience, and she is excited to share what she’s learned with us. As a mother of five children, she is also excited to bring her son, John Oeflein, to meet everyone as well.

Continue Reading Granddaughter & Great-Grandson of Harley-Davidson Co-Founder to Present at Roar to the Shore & DelMarVa

The New Jersey Workers’ Compensation Fraud Statute, N.J.S.A. 34:15-57.4, is alive and well in the Division of Workers’ Compensation as it applies to injured workers. Attorneys for workers’ compensation carriers are making fraud arguments often, and in some cases being successful in terminating workers’ benefits. Yet injured workers do not routinely file fraud claims against employers and/or their insurance carriers, who routinely and improperly deny benefits to injured workers.  However in this update to an article I wrote previously, I can now happily report that the New Jersey Workers’ Compensation Statute applies to both employees and employers.

Continue Reading Workers Compensation and Fraud Update – the Statute Applies to the Employee and the Employer Alike

An 18-year-old developed wet lung and went into respiratory arrest three weeks after starting to vape. The young women entered the ER with stabbing chest pains and difficulty breathing, which got progressively worse until she went into respiratory failure and wound up on a ventilator.

Doctors diagnosed the young women with hypersensitivity pneumonitis, also called wet lung. In the case study, pediatrician Casey Sommerfeld said, “chemicals in the e-cigarettes led to lung damage and inflammation” which gradually worsened. Wet lung can cause permanent lung damage if not treated quickly. Continue Reading Vaping Teen Goes into Respiratory Failure