Medical Risk Law Weekly News

Week of: April 16, 2012


Hospital Not Liable for Chief of Staff’s Failure to Diagnose Lung Cancer

The administrator of the estate of a deceased patient sued the decedent’s treating physician for failure to diagnose a recurrence of lung cancer.


Odwalla Chocolate Protein Beverage Recalled Due to Unidentified Allergens

Odwalla, Inc. is recalling Odwalla Chocolate Protein Monster beverage in 12-oz and 32-oz bottles, with “enjoy by” dates prior to and including 23 MAY 2012, because of reports from consumers allergic to peanuts and/or tree nuts experiencing severe allergic reactions after consuming this beverage.

Injectable Medication for Vitamin B12 Deficiency Recalled Due to Cracks in Vials

American Regent is undertaking this recall of Cyanocobalamin Injection, USP, because cracks can form in the heel (bottom) and sides of some vials of these lots. These cracks may lead to a lack of sterility and the potential for development of glass particulates.

Recommendations Revised for Antidepressant Due to Risk of Abnormal Heart Rhythms

The FDA is clarifying dosing and warning recommendations for the antidepressant Celexa because it could cause potentially dangerous abnormalities in the electrical activity of the heart.


Failure to Involuntarily Commit Suicidal Patient Can Be Malpractice

A psychiatrist’s failure to involuntarily commit to a psychiatric facility a patient who subsequently attempts suicide can constitute a breach of the duty of care owed to the patient.

Connecticut Can Force Feed Prison Inmate Engaged in a Hunger Strike

In a case of first impression, the Connecticut Supreme Court ruled that the state could forcibly feed a prison inmate engaged in a hunger strike.

Patient Failed to Establish Wire Left in Patient’s Body During Surgery Was Malpractice

While performing surgery to remove a node from a patient’s lung, the surgeon lost a small wire that had been inserted in order to perform the procedure. After unsuccessfully searching for the wire for 20 minutes, the surgeon chose to leave the wire inside the patient’s body. The patient sued for malpractice.