Medical Risk Law Weekly News

Week of: February 20, 2012


FDA Warns Against Combining Hepatitis C and HIV Medications

The FDA notified healthcare professionals and patients that drug interactions between the hepatitis C virus (HCV) protease inhibitor Victrelis and certain ritonavir-boosted human immunodeficiency virus (HIV) protease inhibitors can potentially reduce the effectiveness of these medicines when they are used together.


FDA Issues Warning for Counterfeit Avastin

The FDA is warning healthcare professionals and patients about a counterfeit version of Avastin 400mg/16mL, which may have been purchased and used by some medical practices in the United States for the treatment of cancer.

Bubble Humidifier Recalled Due to Manufacturing Defect Possibly Resulting in Hypoxemia

The FDA notified healthcare professionals of a Class I recall of Salter Labs 7600 Bubble Humidifier due to manufacturing defects that cause the humidifier to leak.  A humidifier leak will potentially interrupt the flow of supplemental oxygen to the patient, resulting in Hypoxemia.

Walmart Recalls Pastries Due To Mislabeled Milk Allergen That May Cause Allergic Reaction

Walmart recalled its eight-count packages of Cruller bakery pastries because the common name of milk was not listed following sodium caseinate, a milk derivative, on the ingredient label.


Claim Alleging Nurse Negligently Transferred Patient to Gurney Sounds In Medical Malpractice

A nurse’s alleged failure to exercise due care in moving a patient from a bed to a gurney, resulting in injuries to the patient, arose during the provision of medical care and services.  Therefore, the patient’s subsequent negligence claims sounded in medical malpractice and were subject to Florida’s medical negligence statute of limitations and pre-suit requirements.

Cardiologist’s Failure to Order Catheterization on Subsequent Heart Attack Victim Not Malpractice

Evidence that a cardiologist failed to order a cardiac catheterization on a patient after a stress test indicated coronary artery disease was insufficient to support a jury’s verdict that the cardiologist was liable for the patient’s subsequent death due to a heart attack caused by a thrombus, a blood clot which blocks an artery.

State Claims Alleging Drug-infusion Pump Violated FDA Approval Are Preempted by Federal Law

An approved programmable pump for delivering medication into a patient requiring a chronic infusion of drugs had been used successfully by the plaintiff’s decedent for two years, when the pump delivered an excess of medication resulting in the patient’s death. The plaintiff sued in state court for negligence, strict liability and breach of warranty.