Medical Risk Law Weekly News

Week of: September 24, 2012


Possible Serious Burns from Use of Common Over-the-Counter Topical Muscle and Joint Pain Relievers

The FDA is alerting the public that certain over-the-counter (OTC) products that are applied to the skin for the relief of mild muscle and joint pain have been reported to cause rare cases of serious skin injuries, ranging from first- to third-degree chemical burns, where the products were applied.


Outbreak of Hantavirus Infection in Yosemite National Park Resulting in Deaths

As of September 13, the National Park Service (NPS) has announced a total of nine confirmed cases of hantavirus infection in people who recently visited Yosemite National Park. The visitors to Yosemite are residents of: California (7), Pennsylvania (1), and West Virginia (1). Three of the confirmed cases were fatal.

FDA Approves Production of Imaging Agent That Helps Detect Prostate Cancer

The FDA approved the production and use of Choline C 11 Injection, a Positron Emission Tomography (PET) imaging agent used to help detect recurrent prostate cancer.

FDA Approves New Multiple Sclerosis Treatment

The FDA approved Aubagio (teriflunomide), a once-a-day tablet for the treatment of adults with relapsing forms of multiple sclerosis (MS).


Computer Expert Testimony Inadmissible Without Objective Reasons for Eliminating Alternate Causes in Death from Software in Design Defect Case

When a premature baby was sent home, her doctor ordered that her vital signs be tracked using a monitor manufactured by the defendant. The monitor was supposed to sound an alarm if the baby’s heart rate became fast or slow or if her breathing rate slowed. The baby died of Sudden Infant Death Syndrome (SIDS) while hooked up to the monitor.

Complaint Could Not Be Amended to Add Pre-Death Pain and Suffering Claim that Was Not in Original Complaint Subsequent to Summary Judgment

An elderly woman was admitted the hospital after complaining of chest pain. She underwent a number of diagnostic and treatment procedures. One such procedure involved the insertion of a stent. After this procedure Plavix, an anti-platelet drug, was not immediately administered. Subsequently, the woman suffered a heart attack

Survival Action Filed More Than 2 Years After Alleged Malpractice Is Within Limitations Period When Wrongful Death Claim Nonsuited Within 6 Months

A man received medical care from the defendants, and then sued the defendants for malpractice. During the litigation the man died and his widow, as administrator of the decedent's estate, moved to be substituted as plaintiff and for leave to file an amended complaint, converting the pending personal injury action to an action for wrongful death. The trial court granted both motions.