Scalpel Weekly News

Week of: February 25, 2013

IN THE NEWS


U.S. Marshals Seize Dangerous Dietary Supplements Distributed By Florida Company

U.S. Marshals, acting on behalf of the FDA, seized tainted dietary supplements from Globe All Wellness, LLC (Globe All), in Hollywood, Florida. The products may be unsafe because they contain an undisclosed active pharmaceutical ingredient. Click title to continue reading...


 
MEDICAL ALERTS


Less Than Half of Mothers Breastfeed at Six Months; African American Mothers Have Lowest Rates of Recommended Breastfeeding Duration; Laws Enacted

The American Academy of Pediatrics recognizes breastfeeding and human milk as the "normative standards for infant feeding." Given the documented health benefits, the Academy recommends exclusive breastfeeding for six months, followed by continued breastfeeding for at least 12 months as complementary foods are introduced. Click title to continue reading...



Repeat FDA Violations Result in Court Shut Down of California Drug, Dietary Supplement Manufacturer Operations

A federal judge has ordered a California company and its owner to stop manufacturing and distributing drugs and dietary supplements in domestic commerce until their manufacturing operations comply with the Federal Food, Drug, and Cosmetic Act (the Act). Click title to continue reading...



Amplatzer Occluder Device Used to Close Openings in Heart Recalled Due to Potential for Core Wire Fracture Resulting in Injury or Death

The Amplatzer TorqVue FX Delivery System is being recalled by St. Jude Medical Cardiovascular and Ablation Technologies Division because the distal end of the core wire of the TorqVue FX Delivery System could potentially fracture. This product may cause serious adverse health consequences, including death. Click title to continue reading...


  CASE ALERTS


Wrongful Death and Nursing Home Residents' Rights Act Actions Bind Estate Under Arbitration Agreement Between Decedent and Nursing Home

Upon admission to a nursing home a patient signed an arbitration agreement. The patient died. The estate of the nursing home patient sued the nursing home for deprivation or infringement of the patient's statutory nursing home residents' rights pursuant to the Florida Nursing Home Residents' Rights Act (NHRRA) or, in the alternative, wrongful death. Click title to continue reading...



Counsel’s Declaration and Three Letters On Surgeon’s Medical Product Study Found Insufficient to Support Punitive Damages Claim Against Hospital

A woman underwent back surgery at the defendant hospital. During the procedure, the surgeon used a combination of two medical products: a putty to promote bone growth and a bone void filler. After the surgery, the product migrated to other areas of her body and the woman experienced excessive bone growth which required additional surgery. Click title to continue reading...



Breach of Warranty and Louisiana Products Liability Act Claims Against Generic Prescription Drug Manufacturers Preempted

A woman allegedly suffered injuries as a result of her long-term use of the prescription drug product metoclopramide, which is the generic form of the brand-name drug Reglan. The woman and her husband sued three generic manufacturers of the drug under theories of defective construction and composition of the drug, defective design, breach of express warranty, and inadequate warning. Click title to continue reading...