Scalpel Weekly News

Week of: February 01, 2016

IN THE NEWS


Multistate Outbreak of Listeriosis Linked to Dole Packaged Salads

Dole Fresh Vegetables, Inc., is temporarily suspending operations at its Springfield, Ohio production facility, and is voluntarily withdrawing from the market all Dole-branded and private label packaged salads processed at that location. These packaged salads were sold under various brand names, including Dole, Fresh Selections, Simple Truth, Marketside, The Little Salad Bar, and President's Choice Organics. Click title to continue reading...


 
MEDICAL ALERTS


FDA Concludes Actions with Guilty Plea for Contaminated Cheese

Delaware-based cheese manufacturer Roos Foods, Inc. has pleaded guilty to one criminal misdemeanor count of violating the Federal Food, Drug, and Cosmetic Act (FD&C Act) by introducing adulterated food into interstate commerce. Click title to continue reading...



Recall of All California Products-Lack of Sterility at Compounding Pharmacy

Abbott's Compounding Pharmacy is voluntarily recalling all unexpired lots of sterile compounded products due to concerns of lack of sterility assurance. All unexpired lots are subject to the recall. These include injectable medications, sterile solutions, eye drops, and eye ointments. All recalled products were distributed to patients, physician offices, and clinics, within California. Click title to continue reading...



Increase in Life Threatening Birth Defect - Gastroschisis

Cases of a serious birth defect of the abdominal wall called gastroschisis continue to increase, according to a January 22, 2016 Centers for Disease Control and Prevention (CDC) report. CDC researchers found that over 18 years, the prevalence of gastroschisis more than doubled in the United States. More research is needed to understand what is causing the increase. Click title to continue reading...


  CASE ALERTS


Failure to Warn, Fraud Claimed Against Acne Drug Manufacturer; Lupus from Use

The manufacturer and distributor of an acne medication containing the drug minocycline provided prescribing information materials. These materials stated that, “The long-term use of minocycline in the treatment of acne has been associated with drug-induced lupus-like syndrome, autoimmune hepatitis and vasculitis.” The materials went on to state, “Autoimmune syndromes, including drug-induced lupus-like syndrome, autoimmune hepatitis, vasculitis and serum sickness have been observed with tetracycline-class drugs, including minocycline. Symptoms may be manifested by arthralgia, fever, rash and malaise. Patients who experience such symptoms should be cautioned to stop the drug immediately and seek medical help.” Click title to continue reading...



New Trial on Breast Reduction Informed Consent Claim

A doctor performed a breast reduction surgery on a woman. The woman and her husband sued the doctor to recover damages for medical malpractice and lack of informed consent. Click title to continue reading...



ERISA Plan Lien Against Participant’s Assets; Summary Judgment for Plan Reversed

A man was a participant in a health benefits plan governed by ERISA. The plan was required to pay for certain medical expenses that beneficiaries or participants incurred. The plan was allowed to demand reimbursement, however, when a participant recovered money from a third party for medical expenses. Click title to continue reading...


FEATURE


Infertility Malpractice Brief

As a special feature to our Premium subscribers we have included this feature containing an illustrative Brief responding to the defendant’s motion for partial summary disposition in an action for malpractice involving the defendant physician’s failure to properly diagnose and treat the plaintiff’s ectopic pregnancy, resulting in the rupture of the plaintiff’s left fallopian tube, surgery, and infertility. Click title to continue reading...