Minnesota DWI GERD Case and The Rules Of Evidence


A recent case decided by the Minnesota Court of Appeals dealt with a drunk driving defendant who attempted to use heartburn (or GERD) as a defense. In the case, appellant’s attorney argued that his client’s breathalyzer test could not be considered reliable because Murtha was in the midst of an acid reflux episode while the breath test was being administered.

As we’ve discussed here before, GERD (gastro esophageal reflux disease) is a serious condition that has been proven to impact the results of breathalyzer tests. The condition, which causes contents from a person’s stomach be regurgitated up the throat and into the mouth has been found to cause significantly higher BAC readings than are accurate. These readings are off because undigested alcohol or alcohol vapors from the stomach can be pushed up into the person’s mouth which interferes with the breathalyzer’s reading.

Appellant’s attorney called an expert witness to the stand to explain how GERD can lead to inaccurate breath test results due to regurgitation pushing alcohol into the defendant’s mouth. Appellant’s attorney then attempted to ask the expert witness about the reliability of appellant’s actual test, something the district court judge refused to allow given that the question called for speculation on the witness’ part without proper foundation.

After the explanation from appellant’s expert witness had concluded, appellant’s attorney sought to introduce evidence of his client’s GERD diagnosis by submitting appellant’s diagnosis from his doctor found in the medical records was technically hearsay.

Appellant then appealed his case where the Minnesota Court of Appeals agreed with the lower court judge’s ruling. The Court cited Minnesota Rule of Evidence 803, which explains that a patient’s statements to a doctor found in medical records can be admitted under a hearsay exception at trial. However, a doctor’s diagnosis contained in medical records cannot. The logic goes that the patient’s statement in the medical records would likely be accurate given that the patient has every reason to tell the truth to his or her doctor so that they are properly diagnosed and treated.

So does this mean there would be no way in Minnesota to have the GERD diagnosis introduced into evidence? Of course not, as the Court of Appeals clearly noted all Appellant’s attorney needed to do was bring the man’s doctor in to testify. Because appellant’s doctor failed to testify at trial the evidence concerning his GERD diagnosis was rightfully excluded from evidence. As a result, the decision to revoke appellant driving privileges was affirmed and his attempt to argue that acid reflux unfairly altered his test results was never fully explored.

To read the full opinion, click here.

Kans Law Firm is a Minneapolis, Minnesota criminal defense firm focusing on the representation of individuals charged with alcohol related criminal and driving offenses.

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Avoid Acid Reflux With These Healthy Foods « Dallas Reflux. Ihde …

Avoid Acid Reflux With These Healthy Foods

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Ingesting Aloe Vera can reduce common acid reflux issues.

For all you Dallas acid reflux sufferers out there, if you decide to implement the following 10 healthy foods into your daily diet, you can avoid many of the common ailments associated with this disease.

While there are some foods that can be triggers for heartburn, the following ones can be used to prevent it – sort of the yin to their yang. That bad sensation and the horrible taste that you sometimes get in your mouth after eating certain foods can be thing of the past if you follow this article closely.

1. Aloe Vera

Aloe Vera is known to bring many benefits for different things. Its liquid form or the leaves can work well to treat acid reflux and it can be found in health food stores or groceries. You can use it in your meals for foods that require a thickener for liquids.

2. Bananas and Melon

Bananas can be great, but they must have a pH of 5.6 to treat the condition. Even if most people have experienced positive results, experts say that one percent of them have opposite effects. Just like bananas, melon is good for most people (, but for one to two percent works differently). The pH of Melon must be 6.1. Cantaloupe, honeydew and watermelon are also included.

3. Turkey or Chicken

Boiled, grilled, baked or sauteed turkey or chiken can be awesome choices, but the skin must be removed due to its high content in fat.

4. Fish and Seafood

These two ingredients can also be baked, sauteed and grilled. Fried ones are not good. Shellfish such as lobster and shrimp may be awesome meals for this purpose. The best fish can be the wild type and the one that is farm-based should be avoided if possible.

5. Roots and Greens

Almost any green and root vegetable is recommended. Good examples can be asparagus, broccoli, cauliflower and green beans.

6. Salad

Salad is one of the most important foods for people who have acid reflux. But, the following things should not be included: fat dressings, onions, cheese and tomatoes. Dressings that contain some fat or acids could be used, but only up to one tablespoon.

7. Rice and Couscous

Couscous, also called semolina wheat and rice (the brown one would be preferred) can be complex carbohydrates to use for a healthy anti-acid reflux meal.

8. Celery and Parsley

Parsley has been used since a lot of time for healing purposes in diseases of the stomach. Parsley can added for seasoning or garnish. Celery contains a lot of water and does not contain calories at all. Celery is also a suppressant of appetite and a wonderful source of roughage.

9. Oatmeal

Many nutritionists recommend oatmeal for healthy breakfasts or snacks and a good filling. You can combine oatmeal with raisins without worries, as it can absorb the acid from the raisins very efficiently.

10. Ginger 

Ginger can be one of the best ingredients against heartburn. Since ancient times, it was utilized for stomach and intestine related conditions. The ingredient is also an anti-inflammatory. Cooked, or in a smoothie, the root can be delicious, but it must be peeled and sliced.

If you are in the Dallas-Fort Worth area and suffer from acid reflux, please don’t hesitate to contact us.

Acid reflux: learn the facts | Lincoln Times-News

John Meier, MD, FACG

Guest Columnist

With summer in full swing, many people enjoy the food that comes with warm-weather barbeques and picnics. But many people aren’t aware that foods and other triggers can lead to gastrointestinal issues such as heartburn and acid reflux. And with studies showing that acid reflux is on the rise, it’s important to know the causes, symptoms and treatments for this common condition.

Heartburn and acid reflux that occur two or more times a week are caused by a digestive disorder known as gastroesophegeal reflux disease, or GERD. In a person with GERD, the muscle between the esophagus and stomach does not work properly, allowing stomach acid from the stomach to travel up to the esophagus. This is what causes the burning chest pain associated with heartburn and chest pain.

In addition to burning chest pain, another common symptom of GERD is a sour or bitter-tasting acid backing up into your throat or mouth, a process known as regurgitation. Other symptoms include bloating, burping, hiccups that won’t go away, and dysphagia, a narrowing of the esophagus which makes it feel as though food is stuck in your throat.

Just as important as knowing the symptoms of GERD is knowing its causes. There are a variety of common causes and risk factors, including the following:

If you experience heartburn and acid reflux frequently, it’s important to see your doctor for an accurate diagnosis of GERD. Lifestyle changes and medications can bring many people relief, and are often the first step in treatment.

Common recommendations include avoiding the foods and beverages that trigger symptoms, quitting smoking, taking steps to lose weight if you are overweight, refraining from eating a few hours before lying down, and considering medications such as antacids to neutralize stomach acid.

If those steps don’t resolve your symptoms, further testing by your doctor, such as endoscopy, can uncover the specific cause of your condition and determine the best way to treat it. In some cases, surgery may be the most effective treatment.

Knowledge is always the first step toward prevention and treatment. Knowing the facts about acid reflux and GERD may help to prevent its occurrence, treat the condition more effectively and improve your quality of life.

John Meier, MD, FACG, treats patients at Gastroenterology Associates, P.A. in Hickory and at CMC-Lincoln. CMC-Lincoln’s gastroenterology team of specialists includes board-certified gastroenterologists who provide advanced evaluation of diseases of the esophagus, stomach, intestines, pancreas and liver.

Gastroesophageal Reflux Disease (GERD): GERD treatment

  • Anti-reflux GERD surgery (i.e. Nissen fundoplication)
  • Proton pump inhibitors and H2 blockers
  • Antacids  
  • Zantac (Ranitidine) 
  • Avoid eating large meals and consuming foods before bedtime
  • Exercise
  • Relaxation methods 
  • GERD diet
  • Avoid medications that cause upset stomach and/or heartburn

Treatment options are available to help GERD patients to stabilize this condition. Alternative treatment may also be available with homeopathic and natural remedies. However, patients must consult their physician before electing to consider these types of treatments.

Source: (Medlineplus)

Nexium YouTube channel personalizes GERD for patients – Drugs …

By Mia Burns

AstraZeneca has launched a new Nexium YouTube channel to help educate consumers about the product and garner support for gastroesophageal reflux disease patients. The channel features disease information, videos, and interactive content.

“The Nexium YouTube channel was created to engage, support, and educate people affected by acid reflux disease,” says an AstraZeneca spokesperson. “We also know that people are using social media platforms like YouTube to learn about medical conditions and treatment options.”

When patients visit the channel, they can find several items, such as “burning thoughts”, which provides tips on controlling GERD symptoms; videos on acid reflux disease and Nexium as a treatment option; and the Relief is at Hand badge. The badge is a social way for patients to share Nexium information with family and friends. In addition, the badge allows acid reflux patients to show their commitment in fighting GERD, and they can “pass the purple” on Facebook and Twitter.

“The majority of patients today use social media to source health and wellness information,” said Ken Graham, commercial business leader, GI, AstraZeneca. “With more than 1 billion unique users visiting YouTube each month, the Nexium YouTube channel puts everything from background on GERD to information on cost savings for Nexium at patients’ fingertips.”

The company has yet to hear feedback on the channel as it so new; the AstraZeneca spokesperson told Med Ad News Daily. “AstraZeneca believes that social media can play an important role in advancing public health,” the spokesperson says. “New content on the Nexium channel will continue to focus on engaging and educating the public about acid reflux disease and Nexium.”

“For more than two decades, AstraZeneca has been a leader in developing medications and educational resources for gastrointestinal diseases,” said Marta Illueca, executive director medical affairs and strategic development for Cornerstone Brands. “The Nexium channel represents a new and innovative way through which we’re looking to reach and engage patients.”

AstraZeneca Takes a More Personal Approach to Connecting with Nexium (esomeprazole magnesium) Patients

Posted: July 2013

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The Different Types of Acid Reflux Disease – Heartburn – About.com

Most people know what GERD (gastroesophageal reflux disease) is. They understand it very well if they have been diagnosed with it. What is lesser know are the different types of acid reflux disease. Some doctors may not specific the type of GERD a person may have, while others will help persons track symptoms. The treatment if most often the same, with some of the treatment being more aggressive depending on the intensity of the symptoms.

The different types of GERD include:

  • Gastroesophageal Reflux Disease (GERD)

    Gastroesophageal reflux disease (GERD), also known as acid reflux disease, occurs when the lower esophageal sphincter (LES) does not close properly and stomach contents leak back, or reflux, into the esophagus.

  • Refractory Gastroesophageal Reflux Disease (Refractory GERD)

    The term refractory gastroesophageal reflux disease (refractory GERD) describes those patients who continue to have symptoms of gastroesophageal reflux despite standard treatment with proton pump inhibitors (PPIs).

  • Nonerosive Reflux Disease (NERD)

    For some patients, GERD can cause erosive esophagitis, a condition that causes inflammation, swelling, or irritation of the esophagus. In recent studies, however, it has been found that less than half of GERD patient suffer from esophagitis. They have what is called nonerosive reflux disease, or NERD.

  • Larygopharyngeal Reflux (LPR)

    When the lower esophageal sphincter (LES) is not functioning properly, there is a back flow of stomach acid into the esophagus. If this happens two or more times a week, it can be a sign of gastroesophageal reflux disease, or GERD. As with the lower esophageal sphincter, if the upper esophageal sphincter doesn’t function properly, acid that has back flowed into the esophagus is allowed into the throat and voice box. When this happens, it’s called Laryngopharyngeal Reflux, or LPR.

Resolving The Acid Reflux Disorder Problems In Your Own Life

If you’ve got acid reflux in the past, you will be currently mindful of what a nuisance it is. It might prevent you from residing a typical lifestyle as you feel uneasy. There are many methods you can use to lessen acid reflux at bay. The following write-up will show you how.

Your very last dish throughout the day needs to be ingested at the least 3 several hours or maybe more just before your bedtime. The acid and foods you’ve eaten continue in your abdomen once you stay or sit down up-right. Laying straight down might cause acid to come back up.

see post Pure nicotine causes acid reflux disease to intensify.

Get rid of hot and spicy meals through your diet.Hot food products can improve the acidity with your acid reflux disease signs and symptoms a lot worse. You can find relief by avoiding this kind of food.

Remove popular and spicy food products from your diet plan to aid relieve acid reflux signs and symptoms. Hot and spicy food products can turn out producing your tummy to make more acidity.Steering clear of these things can assist you to feel better.

Take a look at nutritional tags for body fat in a few meals.

It is possible to raise this up by utilizing bricks or wooden disables.The top should be raised 6 ” a lot more raised than the bottom of your bed. You may end belly acid from staying in your esophagus by elevating your chest area and brain while sleeping.

The weight while being pregnant can certainly play a role in your acid reflux disorder. Speak with your doctor in regards to the greatest steps to consider on your concern.

Were you aware that the tendency of food items to produce acidity is not related for the pH degree?Acid meals like lemons are really alkaline after digestive function.This could be confusing should you suffer from acid reflux disease. Learn the pH of numerous food items if you live with acid reflux disease.

Even some weight can ease your discomfort considerably.

Are you aware that a food’s alkaline basically has no bearing on its relative pH? Acidic food items like lemons grow to be rather alkaline right after they’ve been digested. This is often complicated if you suffer from acid reflux. Learn more about the many pH if acid reflux disease affects you.

Discover More Here Consider doing a bit of easy exercises to ease acid reflux disease. These exercise routines enable gravity you want for digestion. Average physical exercise assists you to slim down and reduces heartburn.

Limit the amount of beverages you ingest with the consume with the meals. A whole stomach provides stress right on the lower esophageal sphincter.This muscle mass will keep food inside the tummy and clear of entering your esophagus.

Should your reflux hits you even worse during the night, you have to develop modifications to your routines. This helps the abdomen acidity to be in which they should be.

Cocktails that have carbonation, alcohol and carbonation can all result in acid reflux troubles. Consume the maximum amount of drinking water rather than getting the chance of making a lot more acid than you can to prevent flare-ups.

Put on reduce clothes when you have acid reflux disorder. Restricted outfits may generate pointless strain about the midst area making acid reflux disorder more serious. If you discover a flare up taking place, enter into the these comfortable clothes!You can grow to be assertive and dress in loosened garments prior to larger sized dishes if you know there is a big dish in front of you.

Should you be going through more than the occasional signs and symptoms you might want to take into consideration getting treatment for it. You can find medications readily available over the pharmacy among others your physician can recommend you. Speak to your doctor if you are as if you want a prescribed drugs. In no way consider somebody else.

Drinks with caffeinated drinks, caffeinated drinks or alcohol can bring about acid reflux disorder troubles.Drinking water is the ideal choice to beverage unless you want to have difficulties with your acid reflux disease troubles.

Steer clear of sweet food products which can be very highly processed where probable, because they produce a extraordinary rise in gastric acidity creation. It is possible to combat the outcome by consuming all-natural fruit and veggies. Probiotic health supplements are effective in balancing your bowels.

Consider including bee honey to your day-to-day routine. Bee honey can actually help the body ease acid reflux disorder signs. Go along with raw bee honey that has not been pasteurized.

Mint calms your sphincter and raise the chances of acid reflux disease. Fruits and cinnamon are best.

You shouldn’t put on small clothing and steer clear of belts. This can be only make the symptoms more serious by constricting your stomach. Dress in outfits that are loose garments rather when you are preventing these signs. If you would like put on belts, let it hang up loosely round the midsection.

Raise your brain when you experience acid reflux disorder through the night. When you have a variable bed mattress, try out rendering it six to eight in . better at the brain of your own your bed. A wedge can be used on a standard bed. This helps ease your sleep at night.

Speak with a medical doctor with regards to your medical professional concerning your acid reflux. They can tell you with ideas or it could be suggest prescription medication to assist you. There could be another reason why you are suffering from reflux which your doctor would like to look into.

Slippery Elm lozenges help to ease acid reflux disorder symptoms. Applying this with making particular other alterations can help you feel good.

payday loan Attempt getting to sleep within an extra cushion beneath your mind if you suffer from acid reflux disorder. This may cause the acid remain set. Just place a cushion below your again every single night. This is your best choice if you often have problems with signs and symptoms during the night.

Acid reflux disorder should not be taken casually. Merely the feeling is very unpleasant, however, if left untreated this can be more severe. It is possible to stop it. Begin using these tips to quit acid reflux disease and commence residing an ordinary lifestyle once again.

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