Scalpel Weekly News

Week of: June 08, 2015

IN THE NEWS


Global Recall of Hazardous Ventilators; Breathing Support Malfunctions

Certain units of AVEA ventilators manufactured by CareFusion, a BD company from San Diego, CA, are subject to a global Class I recall. Click title to continue reading...


 
MEDICAL ALERTS


Soft Tissue Facial Fillers May Cause Blindness, Stroke, Necrosis; Physician Instructions

The FDA is alerting health care providers that injecting soft tissue fillers into a patient’s face may cause vision impairment, blindness, stroke, and damage and/or death of the skin (necrosis) and underlying facial structures. The FDA's alert, directed to dermatologists, plastic surgeons, cosmetic surgeons, ophthalmologists, and neurologists, along with consumers, addresses the possibility of rare, but serious, injuries that may occur due to unintentional injection of soft tissue filler into blood vessels in the face. Click title to continue reading...



Two Therapies Approved to Treat Irritable Bowel Syndrome

The FDA has approved Viberzi (eluxadoline) and Xifaxan (rifaximin), two new treatments, manufactured by two different companies, for irritable bowel syndrome with diarrhea (IBS-D) in adult men and women. Studies estimate that IBS affects 10 to 15 percent of adults in the United States. Click title to continue reading...



Oil and Gas Industry Fatality Rate Seven Times Higher Than All U.S. Workers

Between 2003 and 2013, the U.S. oil and gas extraction industry experienced unprecedented growth, doubling the size of its workforce and increasing the number of drilling rigs by 71%. Fatality rates for workers in the oil and gas extraction industry have historically been higher than the rate for all workers (an average of seven times higher every year since 2003, when fatality rates for oil and gas workers were first added to the data collected). To describe fatal events among oil and gas workers during this period, the CDC analyzed data from the Bureau of Labor Statistics (BLS) Census of Fatal Occupational Injuries (CFOI), a comprehensive database of fatal work injuries. Click title to continue reading...


  CASE ALERTS


Limitations Savings Clause Inapplicable; Plaintiff Voluntarily Dismissed Cancer Claim

A woman was referred to a general surgeon for treatment of suspected breast cancer. A biopsy confirmed the existence of cancer. The surgeon operated on her right breast. After the surgery, the woman experienced swelling and redness in her right breast. Click title to continue reading...



Clinic Not Liable for Denying Treatment When Man Late For Appointment

A man experienced confusion and swelling of his legs and calves. His daughter called a medical clinic to schedule an appointment. She was given an appointment with a doctor later that afternoon. The man and his daughter arrived at the medical clinic approximately seven minutes late for his appointment. Because they were more than five minutes late, they were told that the doctor would not see him. The medical clinic advised the man and his daughter that he could reschedule with the doctor for another day, go to the emergency room, or go to a walk-in clinic at another location. The man and his daughter left the medical clinic to seek medical assistance elsewhere. Click title to continue reading...



Ninth Circuit: Calculating Appeal Period for Denial of LTD Benefits

A man seriously injured himself on the job suffering a back injury that caused severe and sustained pain. Subsequent surgeries did not correct the problem. The man was a participant and beneficiary of his employer’s Long Term Disability Plan (LTD Plan). Seven months after his on the job injury, he began receiving disability benefits under the LTD Plan. The LTD Plan’s administrator informed the man that his benefits would terminate in two years unless he could establish that his disability qualified as a total disability under the LTD Plan. Click title to continue reading...


FEATURE


Bariatric Surgery and Related Cosmetic Procedures on Rise; What Surgeons Can Do When Malpractice Litigation Results

On June 1, 2015, the American Society of Plastic Surgeons (ASPS) released its annual report, notes that the number of cosmetic procedures following weight-loss surgery has significantly increased. In 2014, the cosmetic procedures associated with massive weight loss, such as tummy tucks, thigh lifts, upper arm lifts, and breast lifts, grew at their fastest rate in four years. Surgeons suggest that this increase in cosmetic procedures is a direct result of the increase in weight loss surgeries. Click title to continue reading...