Scalpel Weekly News

Week of: June 29, 2015

IN THE NEWS


Residues on Hip Replacement Implants Prompt Class I Recall

The Zimmer M/L Taper with Kinectiv Technology Femoral Stems and Necks are Tivanium alloy implants used for hip replacements that allow the surgeon to fit the implant specifically to the patient. During hip replacement surgery, the damaged portions of the hip joint are removed and replaced with an integrated system of products, which includes the femoral stem and neck. Click title to continue reading...


 
MEDICAL ALERTS


Ventricular Assist Systems Recalled for Multiple Reasons; Serious Injury, Death Events

The HeartWare Ventricular Assist Device (HVAD) has been the subject of a series of recalls. All HeartWare systems currently in use are being recalled. Recalled systems were manufactured and distributed between January 2008 and March 2015. HeartWare will replace all defective controllers by the end of June 2016. Click title to continue reading...



Enforcement Action Detaining Dangerous Counterfeit Medicines and Devices Sold Online

The FDA, in partnership with international regulatory and law enforcement agencies, took action recently against more than 1,050 websites that illegally sell potentially dangerous, unapproved prescription medicines and medical devices to consumers. These actions include the issuance of regulatory warnings to the operators of offending websites and seizure of illegal medicines and medical devices worldwide. Click title to continue reading...



Two Out of 500 Babies Have Critical Congenital Heart Defects

A June 19, 2015 Centers for Disease Control and Prevention report found that congenital heart defects occur in approximately eight of every 1,000 live births. Critical congenital heart defects (CCHD) occur in approximately two of every 1,000 live births. CCHD are defined as those requiring surgery or catheterization before the child turns one. In the absence of early detection, infants with CCHD are at risk for serious complications or death within the first few days or weeks of life. Click title to continue reading...


  CASE ALERTS


Physical Therapy Provider and Assignment of Benefits; Payment Source Agreements

A woman was injured in an automobile accident. Afterwards, she received physical therapy. When she contracted with the physical therapy provider for services, she signed an assignment of benefits provision. Click title to continue reading...



ERISA Plan Can Contractually Provide for Denial of Benefits Claims Limitations Period

A woman received treatment for uterine fibroids tumors. She submitted a claim for reimbursement from the healthcare benefits plan provided by her employer. The plan concluded that her treatment fell outside the plan’s coverage because the treatment was investigative, experimental, and required prior approval. The woman exhausted her administrative appeals. Click title to continue reading...



Bifurcation of Claims Against Nursing Home and Related Entities Appealable

A diabetic man lived in a nursing home. He suffered from pressure wounds. While being assisted in the shower, the man was injured. As a result of his injuries he was required to undergo surgery to remove a penile implant. Click title to continue reading...


FEATURE


Deposition: Illustrative Expert Testimony on Appropriateness of Candidate for Gastric Bypass and DVT and Sepsis Complications

As a special feature to our Premium subscribers we have included this Feature containing illustrative deposition questioning in litigation involving gastric bypass complications. Click title to continue reading...