Scalpel Weekly News

Week of: February 09, 2015

IN THE NEWS


Consent Decree Entered Prohibiting Illegal Marketing of Feminine Products

At the request of the FDA, a federal judge from the U.S. District Court for the Central District of California recently entered a consent decree of permanent injunction against Laclede, Inc. of Rancho Dominguez, California, and its president. Laclede is the manufacturer of Luvena Prebiotic products. Click title to continue reading...


 
MEDICAL ALERTS


FDA Approves Second Vaccine to Prevent Meningococcal Disease

The FDA approved Bexsero, a vaccine to prevent invasive meningococcal disease caused by Neisseria meningitidis serogroup B in individuals 10 through 25 years of age. Bexsero is the second vaccine approved by the FDA in the past three months to prevent this disease. The agency approved the first meningococcal serogroup B vaccine in October 2014. Before these approvals, existing approved meningococcal vaccines in the U.S. covered only four of the five main serogroups of N. meningitidis bacteria that cause meningococcal disease: A, C, Y, and W. Click title to continue reading...



Nationwide Recall of Premium Protein Products; Possible Staph Contamination

Project Healthy Living, Inc. of New York, New York (d/b/a Aloha, Inc.) is voluntarily recalling all packages of Premium Protein powder in chocolate and vanilla blends because it has the potential to be contaminated with Staphylococcus enterotoxin. The presence of Staphylococcus enterotoxins may be injurious to health and may result in staphylococcal food poisoning. Click title to continue reading...



Diagnosis of Fetal Alcohol Syndrome

Fetal alcohol syndrome (FAS) is a serious birth defect and developmental disorder caused by in utero exposure to alcohol. Alcohol crosses the placental barrier and can stunt fetal growth or weight, create distinctive facial stigmata, and damage neurons and brain structures. Assessment of the public health burden of FAS through surveillance has proven difficult; there is wide variation in reported prevalence depending on the study population and surveillance method. Generally, records-based birth prevalence studies report estimates of 0.2–1.5 per 1,000 live births, whereas studies that use in-person, expert assessment of school-aged children in a community report estimates of 6–9 per 1,000 population. Click title to continue reading...


  CASE ALERTS


Dismissal Without Prejudice Sanction for Failure to Give Health Care Pre-Suit Notice

A man received medical treatment from two doctors, a urology practice, an anesthesiology practice, and a medical center. He notified the two doctors, the urology practice, the anesthesiology practice, and the medical center of his intent to file a health care liability action against them. He and his wife filed a health care liability action against them and subsequently voluntarily dismissed the claim. Click title to continue reading...



Foreseeability Instruction Not Warranted in Established Physician-Patient Relationship

A five-year-old boy presented at a hospital’s emergency room with an elevated pulse and rate of respiration, a tender abdomen with pressure, pale skin, normal temperature, and normal blood pressure. Upon further examination by emergency-room doctors, he was diagnosed as suffering from shock. The attending emergency-room physician ordered the administration of oxygen therapy, intravenous fluids, and intravenous antibiotics. Because the boy's blood pressure had lowered and was unstable by the time the attending ER physician assessed him, he also ordered the administration of epinephrine in an attempt to raise his blood pressure. Click title to continue reading...



Complaint Dismissed; Personal Injury Expert Established Plaintiff Not Seriously Injured

A man injured a woman in an accident. The woman sued the man to recover damages for personal injuries. The man filed a motion for summary judgment asking the court to dismiss the complaint on the ground that the woman did not sustain a serious injury within the meaning of Insurance Law § 5102(d) as a result of the subject accident. In support of his motion, the man relied upon the affirmed medical report of his examining orthopedist, as well as the hospital records and medical reports of the woman's treating medical care providers, and a transcript of the woman’s deposition testimony. Click title to continue reading...