Scalpel Weekly News

Week of: June 07, 2011

IN THE NEWS


Yelp Sued by Dentist for Bad Reviews

The New York Supreme Court denied an injunction request from a dentist receiving a bad review on Yelp.com. The dentist brought an action against the operator of the website designed to allow the general public to write, post, and view reviews about businesses, asserting claims for defamation and deceptive acts and practices.


 
MEDICAL ALERTS


FDA Approves Botox to Treat Chronic Migraine

The FDA approved Botox injections to prevent headaches in adult patients with chronic migraine.



FDA Asks Manufacturer to Withdraw Weight-Loss Drug Meridia from the Market

The FDA asked the manufacturer of the weight-loss drug Meridia to withdraw it from the market due to clinical trial data indicating an increased risk of cardiovascular adverse events.



FDA Orders New Warnings on Prostate Cancer Drugs

The FDA issued a warning to several drug companies to add information about the increased risk of diabetes and cardiovascular dieses to the warning labels on on testosterone-suppressing drugs classified as GnRHs.



FDA Restricts Access to the Diabetes Drug Avandia

The FDA announced that it will significantly restrict the use of the diabetes drug, Avandia, due to an elevated risk of cardiovascular events.


  CASE ALERTS


Broken Hospital Bed Found to Be Health Care Liability Claim with Expert Report Requirements

A patient's claim against a hospital for injuries arising from improper operation of a hospital bed, was a “health care liability claim” within the meaning of the Texas Medical Liability and Insurance Improvement Act and, therefore, was subject to the requirement of submitting an expert report.



Physician Performing Independent Medical Examination Not Free of Tort Liability

A workers' compensation claimant brought an action against a physician who performed an independent medical examination, asserting multiple claims of medical malpractice; the Alaska Supreme Court held the absence of a physician-patient relationship does not immunize a physician performing an independent medical examination from all tort liability.



Mental Health Records Protected from Invasion of Privacy and Process Abuse

An insurer's alleged conduct of subpoenaing the insured's mental health records in connection with statutorily mandated contractual arbitration of an uninsured motorist (UIM) claim was protected under the litigation privilege.