Update: Billy Nichols' Case

The civil case in Ocala, Fla. involving Billy Nichols, a well known business owner in Ocala, is back in court this week for hearings on several motions.   (more...)

Nichols was charged with DUI Manslaughter in 2007. His defense attorney argued that Nichols' gastroparesis was responsible for an inaccurate BAC test result after the accident. Nichols was acquitted on both counts.

The civil suit was filed by Adrian Cummings, whose wife, Nancy, and daughter, Holly, were victims of the collision. One of Cummings' lawyer's motions relates to accessing Nichols' medical records. In September, 2008 Nichols was ordered by the court to see a specialist at the University of Florida (Shands) for his condition.

Original Post - Gastroparesis Defense Against DUI

Prank Turns Into Pane in the A$$

Three men in The Netherlands ran down a street in Utrecht with their pants pulled down in the back 'for a joke' ... At one point the 21-year-old 'pushed his behind against the window of a restaurant' that broke and resulted in 'deep wounds to his derriere.'    (More...)

The owner of the restaurant did not press charges after the men agreed to pay for the repairs to the window.
This would be a great story if the restaurant happened to be called The Full Moon Cafe.

No doubt, the unnamed 21-year old will be the butt of jokes from his friends for a while.

The Devil's in the moon for mischief [Lord Byron (from Don Juan)]

Addendum 6-4-08: I can't help but wonder, if this had occurred in a more litigious country, would the Mooner sue the restaurant for faulty glass resulting in the serious injury to his butt?

Tags: [The Netherlands]  [Mooning Prank]
[Lord Byron]  [Don Juan]
[Full Moon Cafe]

Drug Recall Information Needs A Fix

Quite by accident, I discovered a drug recall that affects me. The recall on Fentanyl was announced earlier this week. On Monday, I received a 5-week supply of the medication that is part of the recall. My existing supply is included in the recalled lot too.

The recall was widely reported throughout the U.S. news services, but there was no information for patients in Canada. The notice from J & J / Novartis clearly stated that supply in Canada and The United States was affected.

Ranbaxy Pharmaceuticals Canada, distributors of Duragesic in Canada, doesn't provide information of the recall on their website.
Health Canada maintains a comprehensive list of warnings and recalls...but nothing about defective Fentanyl patches.

Today, eCanadaNow is at least offering an item announcing the recall.

From the recall notice:
The Duragesic Pain Patch has been recalled by Johnson & Johnson because defects in the manufacture of the patch could lead to accidental overdoses. Johnson & Johnson is recalling about 32 million of the fentanyl-containing Duragesic Pain Patches, and the company estimates that about two million could be defective.
Fentanyl is considered a Class II substance by the Drug Enforcement Administration, meaning it is associated with a high potential for abuse and a risk for fatal overdose. Fentanyl is an opioid analgesic, approximately eight times stronger than morphine.
The recalled patches, manufactured by Alza Corp. and sold by PriCara and Sandoz Inc. in the U.S. and Canada, are strength of 25mcg/hr and have expiration dates on or before December 2009. Patches with 12.5, 50, 75 and 100 mcg/hr strengths aren't affected.
Patients can call 1-800-567-3331 for more information.

I'm not sure why they'd want patients to call. Because it's a regulated drug, a pharmacist has to arrange replacement supply.

Janssen's Medical Information Department advised my pharmacist that information about the recall will be provided to medical professionals, including pharmacists, over the next 7 days.

I already educated myself on proper precautions in case I have any defective product. I know that Owen will take care of this for me, but with just one dose in the cupboard and a long-weekend coming up, I'm mildly concerned.


Tags: [Fentanyl Recall]  [Ranbaxy Pharmaceuticals Canada]
[Duragesic]  [Drug Recalls]

Mac's Opinion Linkfest

Special News Update

We interrupt our regularly scheduled programming to bring you this news update:

Nichols Acquitted in DUI Manslaughter Trial  (link to story)   Nichols Acquitted in DUI manslaughter Trial  (link to story)

"In closing arguments, DeCarlis called Nichols a "decent guy in a bad situation." DeCarlis and Fuller contended that a "poorly maintained" road, a missing white line and a defective truck were responsible for the crash."

Nichols' attorney, William DeCarlis backed away from the original defense argument that gastroparesis was responsible for his client's BAC exceeding the legal limit after FDLE Forensic Toxicologist Ruth Vacha testified that 'If you were suffering from severe gastroparesis, you would be knocking on your doctor's door really quick.'
(Original story reported at Ocala.com )

In other news, Buddy's fine.
He barks at the letter carrier and the German Shepherd every day again. He thanks you all for keeping him in your thoughts. We haven't seen Max in the neighborhood since that fateful day.

We now return to our regular programming.

[William "Billy" Nichols]   [William DeCarlis]   [Ocala]
[Nancy Cummings]   [Holly Cummings]

[Pet First Aid]   [Dog Bite]

Gastroparesis Defense Against DUI

In 2004, William Nichols Jr. of Ocala, Florida, was charged with 2 counts each of DUI-manslaughter and vehicular manslaughter. He lost control of his truck and crashed into a Tempo being driven by Holly Cummings. Holly's mother, Nancy, was a passenger in the car. Both were killed in the crash.

Jury selection and opening statements in his trial were conducted last week.

Nichols' blood alcohol content was found to be 0.103 and 0.104, two-and one-half hours after the crash. The legal limit is 0.08. "The defense is not disputing the alcohol results at trial. Instead, they plan to offer a medical explanation about the high alcohol content. The defense says Nichols may have had a gastroesophageal condition which caused the alcohol to sit in his stomach and not metabolize."
The 7-person defense team, led by William DeCarlis, will argue that Nichols suffers from gastroparesis; slow gastric emptying caused him to have alcohol in his system more than 6 hours after he'd consumed the alcohol.

If Nichols had been charged based on a Breathalyzer^™ test, it's reasonable that the BrAC was influenced by alcohol remaining undigested in his stomach. Diffusion rates, the rate at which liquid is absorbed into the blood through the stomach membrane wall, are usually slower in people with gastroparesis. Gastroparesis creates reflux, which might increase the alcohol eliminated in Nichols' breath.

But, Nichols was not arrested at the scene or even administered a Breathalyzer. He was picked up later, after the Florida Department of Law Enforcement had the BAC results from samples of Nichols' blood. The specimen was collected more than 2 hours after the accident (over 8 hours since he'd had his last drink).

It is estimated that from 0.5% - 2% of ingested alcohol is not metabolized and enters the bloodstream through diffusion. "Alcohol is removed from the bloodstream by a combination of metabolism, excretion, and evaporation." Alcohol is slow to metabolize. Ninety to 98% of alcohol is metabolized (removed from the blood) by the liver.

Questions:
- How does his claim that the alcohol was retained in his stomach because of gastroparesis account for alcohol being found in his blood?
- Does it make a difference how that level of alcohol got into his blood (i.e., via diffusion or normal digestion)?
- Is he claiming that he's not responsible for his impairment, but his disease is?
- Is it OK to drive with BAC over the legal limit, because you have a disease? Alcoholism is also a disease, but is it a defense against DUI charges?

Nichols faces up to 15 years in prison on each charge, if convicted.

A Patient Story: Living with Gastroparesis

Tags: [Billy Nichols]  [Ocala]  [William DeCarlis]
[Gastroparesis]  [DUI]  [Breathalyzer]
[Alcohol - Digestion & Metabolism]

Very Random. Mother Approved.

Use of hurt(2); breast(1)

Mingle² - Online Dating

Dammit! If I swear a little more or reference some body parts then maybe I can get a PG Rating and draw a larger audience!

Too bad the rating is only available with a link to the dating site.
Note: No diligence performed on the dating site. The link to the site is part of the code to display the sticker. I can't get the Rating Sticker without providing the link.

MPA (Canada)

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