Scalpel Weekly News

Week of: September 28, 2015

IN THE NEWS


FDA Stops Sale and Distribution of Four Types of Cigarettes

The FDA issued orders, on September 15, 2015, that will stop the further sale and distribution of four currently marketed R.J. Reynolds Tobacco Company cigarette products – including its Camel Crush Bold brand – because the company’s submissions for these products did not meet the requirements set forth in the Federal Food, Drug, and Cosmetic Act (FD&C Act). Click title to continue reading...


 
MEDICAL ALERTS


Pump System of Artificial Heart May Fail; Serious Risk of Death

The SynCardia Total Artificial Heart (TAH-t) is a mechanical replacement for a patient’s heart. It is a pump that is implanted into the chest to replace the bottom half of a patient's heart (left and right ventricles). The device is sewn to the remaining top half of the patient's heart (atria). The Freedom Driver System is attached to the TAH-t pump and operates and monitors the device. The TAH-t is used in patients at risk of imminent death from heart failure who are waiting for a heart transplant. Click title to continue reading...



Improper Cleaning of Flexible Bronchoscope Infections; FDA Findings

The purpose of this FDA safety communication, issued September 17, 2015, is to share preliminary information regarding infections associated with the use of reprocessed flexible bronchoscopes. Although this information is limited, health care providers may benefit from awareness of the issues the FDA is seeing and of steps they can take to mitigate possible risks to patients. Click title to continue reading...



Pneumococcal Disease Kills Thousands; Preventable with Vaccine

Each year in the United States, pneumococcal disease kills thousands of adults, including 18,000 adults 65 years or older. Thousands more end up in the hospital because of pneumococcal disease. Pneumococcal disease can cause severe infections of the lungs (pneumonia), bloodstream (bacteremia), and lining of the brain and spinal cord (meningitis). The best way to prevent pneumococcal disease is by getting vaccinated. Click title to continue reading...


  CASE ALERTS


Triable Issue-Liability Under Res Ipsa Loquitur; Shoulder Surgery

A woman underwent an arthroscopic subacromial decompression of her right shoulder. The woman felt pain in her clavicle area upon leaving the surgical center. She did not immediately report the pain to the surgeon who performed the procedure because she thought that it was normal to feel pain after her surgery. Click title to continue reading...



Psychiatrist-Patient Privilege Shields Patient’s Medical, Dental Records

A man submitted a request to Connecticut’s Freedom of Information Commission (commission) for any records concerning a particular woman for the period of time from 1924 through 1962. The woman was a patient at a state hospital following her conviction for second degree murder for the arsenic poisoning of a resident of her nursing home. The commission provided the man with those records pertaining to the woman that it deemed were disclosable under Connecticut’s Freedom of Information Act (act) and notified him that the commission had withheld other records, deemed exempt from disclosure under the act. Click title to continue reading...



Trial Court Fails to Explain Remittitur After Reducing Jury Award by $1M

A man was injured in a car accident. He suffered a herniated disc. He was covered by uninsured motorist coverage. When his insurer did not pay, he sued his insurer for failure to pay insurance benefits. Click title to continue reading...


FEATURE


Interrogatories-Unsterile Towel

As a special feature to our Premium subscribers we have included this feature containing Illustrative Interrogatory Answers in a negligence and malpractice action against a hospital, surgeon, and others. In this action, the plaintiff had colectomy surgery during which the surgeon left a fragment of a towel in the plaintiff’s abdomen, resulting in an abdominal abscess and multiple corrective surgeries, among other injuries. The interrogatories seek answers on the storage and sterility of the defendant hospital’s surgical towels, surgical procedures involving towel usage, and the employee status of the surgeon. Click title to continue reading...