Medical Risk Law Weekly News

Week of: May 14, 2012


Injury and Death Associated with “Liberation Therapy” Used for Chronic Cerebrospinal Venous Insufficiency and MS Treatment

The U.S. Food and Drug Administration issued an alert to health care professionals and patients about injuries and death associated with the use of an experimental procedure sometimes called “liberation therapy” or the “liberation procedure” to treat chronic cerebrospinal venous insufficiency (CCSVI).


FDA Warns of Increased Risk of Second Primary Malignancies from Revlimid

The U.S. Food and Drug Administration is informing the public of an increased risk of second primary malignancies (new types of cancer) in patients with newly-diagnosed multiple myeloma who received Revlimid (lenalidomide).

Rechargeable Toothbrushes Recalled Due to Possible Overheating and Sparking

Church & Dwight Co., Inc. is recalling Spinbrush® Rechargeable SONIC toothbrushes because the charging base may overheat with localized melting and sparking, possibly causing fire, shock or burns.

FDA Approves Marketing of a New Device for Abdominal Surgery

The U.S. Food and Drug Administration allowed marketing of the first surgical instrument set that can be assembled and disassembled inside the body during surgery.


Daughter Who Saw Mother Abused by Nursing Facility Not Bound By Mother’s Arbitration Agreement

A resident of a skilled nursing facility sued the facility for elder abuse and other negligence claims. The resident’s daughter also brought a claim, in the same action, alleging negligent infliction of emotional distress from witnessing her mother being mistreated.

Psych Hospital’s Failure to Report Patient Had Escaped Not Proximate Cause of Violent Act Two Years Later

A woman seriously injured when a former mental patient threw a glass bottle at her leg filed a claim against the State seeking reimbursement of her medical expenses and damages for pain and suffering.

Design Defect Claim That Generic Drug Caused Stevens-Johnson Syndrome Not Preempted by Federal Food, Drug, and Cosmetic Act

A patient who was prescribed a non-steroidal anti-inflammatory drug (“NSAID”) called Sulindac brought a product liability claim against the manufacturer. The plaintiff’s physician prescribed the name brand of the medication; her pharmacy dispensed a generic version. As a result of taking the medication, the plaintiff contracted Stevens–Johnson Syndrome and toxic epidermal necrolysis (SJS/TEN), a hypersensitivity condition characterized by necrosis of the skin and mucous membranes, and often causing blindness or death.