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U.S. court reinstates Alaska smoker case versus Altria

U.S. court reinstates Alaska smoker case versus Altria

A U.S. appeals court on Monday reinstated an Alaska lawsuit against Altria Group Inc’s Philip Morris USA by the survivor of a deceased smoker, saying her state product liability claims were not preempted by federal law and should have been tried in state court.

Altria and Philip Morris had argued the state claims could not go forward against them and Alaska Commercial Co, a local retailer, because a victory for plaintiffs Dolores Hunter and the estate of Benjamin G. Francis could result in a ban of cigarette sales in the state.

Francis, a native Alaskan, died at 52 of lung cancer in December of 2004, leaving a 10-year-old son and Hunter, his common law wife, his attorney Don Bauermeister said. Hunter was appointed the personal representative of his estate by a state court.

A lower court agreed the state claims were barred by “congressional intent not to ban the sale of cigarettes” and dismissed the case due to Hunter’s failure to bring a claim under federal law, the opinion by the Ninth U.S. Circuit Court of Appeals said.

But the appeals court ruled that Altria had “failed to establish a clear conflict between Hunter’s claim and federal law” and that U.S. regulatory laws “do not provide strong evidence of a federal policy against more stringent state regulation.”

The court found the case did not belong in federal court and instructed it be remanded to Alaska state court for further proceedings.

Jack Marshall, a spokesman for Philip Morris and Altria, said the companies were disappointed by the appeals court ruling and planned to “defend the case vigorously in state court.”

“It is important to note that the decision addressed only where the case should be tried and does not address the merits of the plaintiff’s claim,” Marshall said.

Bauermeister said his client, Hunter, was “very relieved and excited” about the appeals court ruling that will return the case to the court in the native Alaskan village of Bethel where it was filed. She hopes the lawsuit will “hold (Altria) accountable” not only for Francis’ death, but for high rates of smoking among Alaska’s native peoples, he said.

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Defibrillators may not save women, study finds

June 30, 2012Uncategorizedabnormal heart rhythms, and, archives of internal medicine, be, beating, bf1, blister, blood, california san francisco, calories, Cancer, chronic condition, clinical trials, dangerous heart, Defibrillators, Defibrillators Asia, Defibrillators Gallery, Defibrillators Health, Defibrillators Health History, Defibrillators Health Information, Defibrillators Health Latest, Defibrillators Photo Gallery, Defibrillators Picture, Defibrillators Video, Defibrillators Web, DefibrillatorsHealth latest, DefibrillatorsHealth Photo, Defibrillatorsover Picture, diet, Drug, eating, Exercise, Exercising for Weight Gallery, Exercising for Weight Health Story, Exercising for Weight Health Photo, Exercising Weight, Exercising Weight Health, Flu, for, gallery, Gym, Health Health, Health Latest, health video, Healthy Minnesota, Healthy Minnesota Asia, Healthy Minnesota Health Story, Healthy Minnesota Photo Gallery, heart, heart failure, heart institute, heart quivers, heart rhythm, heartbeat, history, hundreds of thousands, implantable defibrillators, in, laparoscopy, Malaysia Health, may, medical, nine times, not, Nutrition, of, operation, organic, organs, photo, physical, protect, providence hospital, skin, spiritual, study, substantial evidence, sudden cardiac death, Surgery, symptoms, tips, to, training, university of california san francisco, use implantable, video, video photo, video surgery, virus, web, web Health, web Health picture, weightloss, womenazuan

Defibrillators may not save women, study finds

Despite their widespread use, implantable defibrillators to protect against deadly heart rhythms do not prevent deaths in women with advanced heart failure, U.S. researchers said on Monday.

They said implantable defibrillators — which detect abnormal heart rhythms and offer a life-saving shock to restore a regular heartbeat — do not appear to protect men and women equally.

“There seems to be much less significant benefit” in women, said Dr. Christian Machado of Providence Hospital Heart Institute and Medical Center in Michigan, whose study appears in the Archives of Internal Medicine.

“Implantable cardioverter-defibrillators are being implanted in hundreds of thousands of women without substantial evidence of benefit,” Dr. Rita Redberg of the University of California, San Francisco, wrote in a commentary in the journal.

Nearly 22 million people worldwide suffer from heart failure, a chronic condition in which the heart struggles to pump blood. Heart failure affects about 5.3 million Americans, and nearly half are women.

People with heart failure are six to nine times more likely than most people to suffer sudden cardiac death, a dangerous heart rhythm in which the heart quivers but does not pump blood to the organs. Implantable defibrillators can detect this rhythm and deliver a shock to restore a normal heart beat.

Many clinical trials have found implantable defibrillators save lives and are cost-effective; but too often, the studies are overpopulated with men, Machado said.

He and colleagues searched published clinical trials data on implantable defibrillators from 1950 to 2008.

“Our trials are biased toward males. Seventy to 80 percent are made up of male subjects,” Machado said.

His team analyzed five trials with a total of 934 women with advanced heart failure. None showed defibrillators significantly decreased the rate of death from any cause compared with drug therapy alone.

Among the 3,810 men in the studies, however, there was a significant reduction in the rate of death among those who had a defibrillator.

Machado said many women with heart failure are routinely offered defibrillators to safeguard against sudden cardiac arrest, even though the device may not help them live longer.

He said it would not be ethical to do a randomized clinical trial to prove women do not benefit, but said ongoing studies should be sure to focus on the effects in both men and women.

“We need to do a better job in trials recruiting at least the same amount of women as we do men. We have failed to do that,” he said.

Implantable defibrillators, which cost between $20,000 to $30,000 to implant, represent a $6 billion global market for companies such as Medtronic Inc, Boston Scientific Corp and St. Jude Medical Inc.

Dr. Mark Carlson of medical device maker St. Jude Medical said in a statement that women enrolled in clinical studies evaluating heart failure have tended to be sicker than men in the same studies, and they have tended to be undertreated in general.

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Is swimming pool chlorine fueling the allergy epidemic?

Is swimming pool chlorine fueling the allergy epidemic?

Swimming in a chlorinated pool may boost the odds that a child susceptible to asthma and allergies will develop these problems, a study released today indicates.

“These new data clearly show that by irritating the airways of swimmers chlorination products in water and air of swimming pools exert a strong additive effect on the development of asthma and respiratory allergies such as hay fever and allergic rhinitis,” Dr. Alfred Bernard, a toxicologist at the Catholic University of Louvain in Brussels, Belgium, noted in an email to Reuters Health.

“The impact of these chemicals on the respiratory health of children and adolescents appears to be much more important — at least by a factor of five — than that associated with secondhand smoke,” Bernard noted.

Taken together with his team’s prior studies, he added, “There is little doubt that pool chlorine is an important factor implicated in the epidemic of allergic diseases affecting the westernized world.”

In the current study, Bernard and colleagues compared the health of 733 adolescents, 13 to 18 years old, who swam in chlorinated outdoor and indoor pools for various amounts of time with that of 114 “control” adolescents who swam mostly in pools sanitized with a concentration of copper and silver.

In children with allergic sensitivities, swimming in chlorinated pools significantly increased the likelihood of asthma and respiratory allergies, the researchers report in the journal Pediatrics.

Among “sensitive” adolescents, the odds for hay fever were between 3.3- and 6.6-fold higher in those who swam in chlorinated pools for greater than 100 hours and the odds of allergic rhinitis were increased 2.2- to 3.5-fold among those who logged more than 1000 hours of chlorinated pool time.

For example, among children and teens who swam in chlorinated pools for 100-500 lifetime hours, 22 children out of 369 (6.0%) had current asthma, compared with those who had spent less than 100 hours (2 of 144, 1.8%). The proportions with asthma rose with longer exposure, to 14 out of 221 (6.4%) who had been swimming for 500-1000 hours, and 17 out of 143 (11.9%) who swam for more than 1000 hours.

The risk of asthma and allergy was not influenced by swimming in copper-silver sanitized pools and children without allergic tendencies were not at increased risk of developing allergies.

“The only plausible explanation” for these observations, the researchers argue, is that the chlorine-based toxic chemicals in the water or hovering in the air at the pool surface cause changes in the airway and promote the development of allergic diseases.

“It is probably not by chance,” Bernard told Reuters Health, “that countries with the highest prevalence of asthma and respiratory allergies are also those where swimming pools are the most popular.”

The current findings, he and colleagues conclude, “reinforce” the need for further study on the issue and to enforce regulations concerning the levels of these chemicals in water and air of swimming pools.

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