Scalpel Weekly News

Week of: October 05, 2015

IN THE NEWS


Skull Drills May Fail to Disengage; Potential Serious Patient Risk

Cranial perforators are bone cutting and drilling medical devices used to create a small hole (burr hole) in a patient’s skull so that a neurosurgeon can access the brain during certain procedures. These devices often include a clutch mechanism that is designed to automatically disengage or stop the tip from drilling once it has penetrated the patient’s skull to prevent damage to the brain. However, this clutch mechanism may fail to disengage if proper use, patient considerations, and device selection are not followed in accordance with the manufacturer’s instructions for use. Click title to continue reading...


 
MEDICAL ALERTS


Permanent Injunction against Manufacturer of Adulterated Dietary Supplements

The U.S. District Court for the Southern District of Florida entered a consent decree of permanent injunction on Sept. 25, 2015, against Sunset Natural Products Inc. and its two owners for manufacturing and distributing adulterated dietary supplements at its facility located in Miami, Florida. Click title to continue reading...



Peanut Company President Receives Largest Criminal Sentence in Food Safety Case

Two former officials of and one broker for the Peanut Corporation of America (PCA) were sentenced to prison in Albany, Georgia, for their roles in a conspiracy to defraud their customers by shipping salmonella-positive peanut products before the results of microbiological testing were received and falsifying microbiological test results, the Department of Justice announced September 21,2015. Click title to continue reading...



Alcohol During Pregnancy; Risk of Fetal Alcohol Spectrum Disorders

Excessive alcohol use is risk factor for a wide range of health and social problems including liver cirrhosis, certain cancers, depression, motor vehicle crashes, and violence. Alcohol use during pregnancy can lead to fetal alcohol spectrum disorders (FASDs) and other adverse birth outcomes. Community studies estimate that as many as 2% to 5% of first grade students in the United States might have an FASD, which include physical, behavioral, or learning impairments. Click title to continue reading...


  CASE ALERTS


Striking Untimely Evidence in Summary Judgment Requires Court Inquiry; Sleep Apnea

A woman underwent sleep apnea surgery. The surgery involved cutting bone on the upper and lower jaws to advance them, thereby opening airway space to improve her breathing. Following the surgery, the woman suffered complications. Eleven days after the surgery, she went to a follow-up appointment with the oral surgeons. She presented with pain and exuding green pus from one of her surgical wounds. One of the oral surgeons prescribed an antibiotic at this appointment, and at another appointment eleven days later. Click title to continue reading...



Arbitration Agreement Not Valid between Nursing Home and Residents

Separately, three people executed a power-of-attorney document designating a family member as their attorney-in-fact. The first power-of-attorney document provided that the attorney-in-fact had full power to draw, make, and sign any checks, contracts, notes, mortgages, agreements, or any other document including tax returns and to institute or defend suits concerning the person’s property or rights. The second power-of-attorney document provided that the attorney-in-fact had the power “to demand, sue for, collect, recover and receive all debts, monies, interest and demands whatsoever now due or that may hereafter be or become due to me (including the right to institute legal proceedings therefor)” and “to make ... contracts of every nature in relation to both real and personal property, including stocks, bonds, and insurance.” The third power-of-attorney document provided that the attorney-in-fact had the power “to transact, handle, and dispose of all matters affecting me and/or my estate in any possible way” and “[g]enerally to do and perform for me in my name all that I might if present.” Click title to continue reading...



Doctor’s Claims Dismissed against Malpractice Insurer for Settling without Consent

A doctor was employed by a practice group and worked in the emergency room (ER) of a hospital. Her employment with the practice group was terminated. Six months later, a medical malpractice complaint was filed against the doctor and the hospital alleging that twelve months earlier the doctor committed medical malpractice during her treatment of a man, resulting in the loss of his leg and his subsequent death. Click title to continue reading...


FEATURE


Bronchoscope Sterility

As a special feature to our Premium subscribers we have included this feature containing the most recent FDA Safety Announcement regarding infections associated with the use of reprocessed flexible bronchoscopes and how to mitigate this problem. The announcement includes FDA findings on the failure of reprocessors to meticulously follow manufacturer cleaning instructions and the continued use of devices despite integrity, maintenance, and mechanical issues. Most importantly, the announcement provides recommendations for reprocessor action to ensure bronchoscope sterility. This information may be considered for use by counsel as evidence in litigation involving infection injury after a procedure using a bronchoscope. Click title to continue reading...