Scalpel Weekly News

Week of: December 08, 2014

IN THE NEWS


Fertility Center Fails FDA Inspection

The FDA conducted an inspection of the New Hope Fertility Center located in New York City from August 26, 2014, through September 15, 2014. During the inspection, an FDA investigator documented significant deviations from the regulations for human cells, tissues, and cellular and tissue-based products (HCT/Ps) set forth in 21 CFR § 1271, and issued under the authority of Section 361 of the Public Health Service Act (42 USCA 264). Click title to continue reading...


 
MEDICAL ALERTS


Thousands of Child Toy-Related Injuries Treated in ERs; Joint Cooperation

Toy-related deaths involving children younger than 15 years old continue to decrease from 19 deaths in 2010, to 18 in 2011, 16 in 2012, and nine in 2013 (based on reports, to date). As more death reports are received, the Consumer Product Safety Commission (CPSC) expects the total for 2013 to be higher than nine. Click title to continue reading...



National Battery Pack Recall; Fire Hazard, Property Damage

Goal Zero Sherpa brand 50 and 120 rechargeable battery packs can overcharge, overheat, bulge and melt the battery pack’s enclosure, posing a fire hazard and risk of property damage. Goal Zero has received one report of a fire and two reports of property damage due to the battery packs overheating. One consumer reported becoming ill after breathing fumes from an overheated battery pack. Click title to continue reading...



Most Who Drink Excessively or Binge Are Not Alcohol Dependent

Nine in ten adults who drink too much alcohol are not alcoholics or alcohol dependent, according to a new study released by the CDC in collaboration with the Substance Abuse and Mental Health Services Administration (SAMHSA). Excessive drinking includes binge drinking (four or more drinks on an occasion for women, five or more drinks on an occasion for men), consuming eight or more drinks a week for women or 15 or more drinks a week for men, or any alcohol use by pregnant women or those under the minimum legal drinking age of 21. Click title to continue reading...


  CASE ALERTS


Neurologist Background, Methodology, Video Testimony Sufficient Despite Deviation from AMA Guidelines

A man made a left hand turn in front of a vehicle driving through an intersection. The cars collided. The driver proceeding through the intersection sued the driver who turned left in front of her for negligence. The complaint alleged that as a result of the accident, she sustained injuries to her spine, neck, shoulders, head, and chest. The complaint sought economic damages, including medical expenses and lost wages, as well as noneconomic damages, including damages for the permanent impairment to her ability to enjoy and participate in life's activities. Click title to continue reading...



IQ Testing of Social Security Claimant Alleging Intellectual Disability

A man applied for Social Security Disability Insurance (SSDI) and supplemental security income (SSI) benefits. The man claimed disability due to insulin-dependent diabetes, hypertension, and a mental disorder. A clinical psychologist diagnosed the man with psychotic disorder, not otherwise specified; antisocial personality disorder; and mild intellectual disability (the court’s decision includes the term “mental retardation”; this term has been changed in this casenote to reflect the commonly used term “intellectual disability”). The clinical psychologist did not administer an IQ test as part of the mild intellectual disability diagnosis. Click title to continue reading...



Insurer Removes LTD Benefits Claim to Federal Court After Discovery

A woman had a long-term disability policy with an insurer. While covered under the policy, she became disabled and entitled to monthly benefits. At first, the insurer approved her claim and paid her disability insurance benefits for the next twenty-four months. After this twenty-four month period, the definition of “disability” in her policy became more stringent, and the insurer refused to continue paying her monthly disability income, believing she did not qualify as “disabled” under the more rigid standard. Click title to continue reading...