Scalpel Weekly News

Week of: November 19, 2012

IN THE NEWS


Nestlé’s NESQUIK Chocolate Powder Recalled Due to Possible Salmonella Contamination

NESQUIK Chocolate Powder in the 10.9, 21.8, and 40.7 ounce canisters was recalled because Nestlé was notified by an ingredient supplier, Omya Inc., that it had recalled certain lots of calcium carbonate due to possible presence of Salmonella. Click title to continue reading...


 
MEDICAL ALERTS


Rapid Influenza Diagnostic Tests Unable to Detect Certain Viruses in Lower Concentration Samples Risking Misdiagnosis and Failure to Treat

Accurate diagnosis of influenza is critical for clinical management, infection control, and public health actions to minimize the burden of disease. Commercially available rapid influenza diagnostic tests (RIDTs) that detect the influenza virus nucleoprotein (NP) antigen are widely used in clinical practice for diagnosing influenza because they are simple to use and provide results within 15 minutes. Click title to continue reading...



FDA Approves Xeljanz for Rheumatoid Arthritis

The FDA approved Xeljanz (tofacitinib) to treat adults with moderately to severely active rheumatoid arthritis (RA) who have had an inadequate response to, or who are intolerant of, methotrexate. Click title to continue reading...



Wegmans Pumpkin Roll Recalled Because the Product May Contain Plastic Pieces Posing Choking Hazard

Wegmans Food Markets, Inc., voluntarily recalled all code dates of Wegmans Pumpkin Roll because the product may contain pieces of clear plastic from the packaging, which may be sharp or could present a choking hazard. Click title to continue reading...


  CASE ALERTS


Doctor Not Liable Under Nondelegable Duty Theory When Doctor Claimed to Order IV Without Drug and Nurse Gave IV With Drug

A child presented to a hospital children’s clinic with initial onset diabetes. The on-call doctor ordered an IV medication. A nurse administered an IV medication to the child that contained a mixture including calcium chloride. The child died. Click title to continue reading...



If Defendants Settle and Plaintiff Does Not Seek Compensation for Increased Risk of Harm, State Compensation Fund Cannot Dispute Injury or Causation

An infant underwent distress during labor and delivery. Four years later the child was diagnosed with a mild form of cerebral palsy. The child’s parents sued the healthcare providers who attended the birth for medical malpractice. Click title to continue reading...



Inability to Personally Recover in Wrongful Death Suit Does Not Remove Heir-at-Law’s Standing to Bring Suit on Behalf of All Beneficiaries

A nursing home resident died and the resident’s niece sued the nursing home for wrongful death. The nursing home filed a motion to dismiss on the grounds that the niece lacked standing. The trial court denied the motion. The resident’s sister-in-law moved to substitute as the real party in interest. The trial court granted the substitution. The nursing home filed an interlocutory appeal. Click title to continue reading...