Medical Risk Law Weekly News

Week of: March 26, 2012


FDA Approves Surfaxin for Prevention of Premature Infant Respiratory Distress

The FDA approved Surfaxin (lucinactant) for the prevention of respiratory distress syndrome (RDS), a breathing disorder that affects premature infants.


FDA Approves First Generic Lexapro to Treat Depression and Anxiety Disorder

The FDA approved the first generic Lexapro (escitalopram tablets) to treat both depression and generalized anxiety disorder in adults.

FDA Approves first Generics to Treat or Prevent Osteoporosis

The FDA approved the first generic versions of Boniva (ibandronate) tablets, a once-monthly product to treat or prevent osteoporosis in women after menopause.

FDA Recalls Acclarent Inspira AIR Balloon Dilation System As it May Cause Airway Obstruction Resulting in Death

The FDA has recalled Acclarent Inspira AIR Balloon Dilation System, size 18x40mm, product code BC1840A, manufactured between March 2011 and June 2011. This device is an airway balloon catheter intended to dilate and restore airflow to a patient’s airways.


Autistic Child May Be Entitled to Medicaid Coverage for Personal Care Assistance During Transportation to Therapy

An autistic child, through his mother, appealed from an order of the Department of Children and Families' Office of Appeal Hearings, affirming a decision of the Agency for Health Care Administration (AHCA) reducing the Medicaid-funded personal care assistance (PCA) hours requested by the child's pediatrician.

Hospital’s Negligent Credentialing of Surgeon Not Proximate Cause of Patient’s Death from Surgery

No evidence that a hospital’s negligent credentialing of a physician to perform prostatic cryosurgery on patients was causally connected to negligent performance of the surgery on the patient.

No Malpractice Liability Against Surgeon For “Rope” Proving to be Suture Material Intentionally Left In Plaintiff’s Arm

A plaintiff brought a medical malpractice action against the surgeon who repaired a deep laceration in his arm, alleging the surgeon's negligence caused the arm to develop a granuloma requiring further surgery. During the second surgery the surgeon noted that “a piece of rope” was removed from the plaintiff's arm.