Scalpel Weekly News

Week of: February 11, 2013

IN THE NEWS


Federal Judge Approves Consent Decree with Ben Venue Laboratories

A federal judge has approved a consent decree of permanent injunction against Ben Venue Laboratories, Inc., and three of its corporate officers for failing to comply with current good drug manufacturing practice requirements as required by federal law. Click title to continue reading...


 
MEDICAL ALERTS


Revised HIPAA Rules Improve Privacy Protections and Security Safeguards for Consumer Health Data

The U.S. Department of Health and Human Services (HHS) issued updated rules on January 17, 2013, in an effort to strengthen the privacy and security protections for health information established under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Click title to continue reading...



Field Correction Action Issued for Resuscitation Systems Installed in GE Giraffe/Panda Infant Warmers Due to Potentially Deadly Oxygen Flow Errors

GE Healthcare initiated a voluntary field corrective action of the field upgrade kit for GE Healthcare’s resuscitation systems with blender, installed in GE Giraffe and Panda infant warmers. Click title to continue reading...



FDA Approval of Generic Version of Cancer Drug Doxil Expected to Help Resolve Shortage

The FDA approved the first generic version of the cancer drug Doxil (doxorubicin hydrochloride liposome injection). Doxorubicin hydrochloride liposome injection is currently on the FDA’s drug shortage list, in part due to ongoing manufacturing problems at Ben Venue Laboratories. Click title to continue reading...


  CASE ALERTS


Vermont Upholds Sanctions Resulting in Dismissal for Plaintiff’s Refusal to Respond to Interrogatories on Expert Testimony and Describing Negligent Act

A woman underwent weight-loss surgery, and the surgical incision became infected. The surgeon inspected the infected incision. The rehabilitation center where she received post-surgical care determined that the patient had contracted a Methicillin-resistant Staphylococcus Aureus (MRSA) infection at the incision site. Click title to continue reading...



California’s Doctrine of Primary Assumption of Risk Barred Home Aid’s Negligence and Intentional Tort Claims Against Violent Alzheimer’s Patient

The husband of a woman suffering from Alzheimer’s disease contracted with an in-home health care agency to provide an aide to care for his wife. The woman injured the aide. The aide sued the woman for battery and the couple for negligence and premises liability. Click title to continue reading...



Court May Disregard Under “Sham Issue of Fact” Doctrine Plaintiff’s Expert Affidavit With Contradictions Submitted To Defeat Summary Judgment

A woman, a resident of Florida, began taking Fosamax in 1998. Fosamax is a prescription drug manufactured by Merck that falls within a class of drugs known as bisphosphonates, which are commonly used to treat bone conditions such as osteoporosis. Click title to continue reading...