Scalpel Weekly News

Week of: May 09, 2016

IN THE NEWS


First Drug for Hallucinations and Delusions Associated with Parkinson’s Disease

On April 29, 2016, the FDA approved Nuplazid (pimavanserin) tablets to treat hallucinations and delusions associated with psychosis experienced by some people with Parkinson’s disease. Click title to continue reading...


 
MEDICAL ALERTS


FDA Evaluating Anti-Fungal Drug: Yeast Infection Medication May Cause Miscarriages

On April 26, 2016, the FDA announced that it is evaluating the results of a Danish study that conclude there is a possible increased risk of miscarriage with the use of oral fluconazole (Diflucan) for yeast infections. The FDA is also reviewing additional data and will communicate final conclusions and recommendations when the review is complete. Click title to continue reading...



Federal Judge Enters Order of Permanent Injunction against Florida Compounder

On April 26, 2016, the FDA announced that U.S. District Judge Carlos E. Mendoza entered an order of permanent injunction against the owner and operator of several compounding pharmacies. According to the complaint filed with the consent decree, the owner and operator manufactured and distributed drug products that were adulterated and misbranded in violation of the Federal Food, Drug, and Cosmetic Act (FDCA). The U.S. Department of Justice brought the action on behalf of the FDA. Click title to continue reading...



Hispanic and Black Teen Birth Rates Two Times Higher Than White Teens

Births among Hispanic and black teens have dropped by almost half since 2006, according to a new analysis published by the CDC. This mirrors a substantial national decline: births to all American teenagers have dropped more than 40 percent within the past decade. Despite this progress, key challenges persist for many communities, according to the report. Click title to continue reading...


  CASE ALERTS


Hospital Liable for Negligence of Independent Contractor Nurse Anesthetist

A man broke his ankle. The next day the man underwent surgery, which included the installation of a metal rod in his ankle. Subsequently, the man’s ankle became infected. He was scheduled for surgery to remove the metal rod about a month after the first surgery. Click title to continue reading...



Defendants’ Conflicting Causation Evidence Precluded Summary Judgment; Dementia

An 83-year-old with advanced dementia was admitted to the hospital for treatment of aspiration pneumonia. She was unable to make her own medical decisions during her stay, but her son was her designated health care representative and had been appointed power of attorney. Both her son and daughter consistently instructed the care providers, including the attending physician, to classify their mother as “full code” so she would receive all life-sustaining therapies in the event of cardiac or pulmonary arrest. Click title to continue reading...



Medical Service Providers’ Claims Against Insurer Barred by Contract

A medical service provider operated as an outpatient ambulatory surgical center. For its first three years, the medical service provider was a non-network provider with respect to the insurers. During that time, the insurers reimbursed their insureds directly for services provided by the medical service provider according to the maximum allowable amount in each insured’s policy. Click title to continue reading...


FEATURE


Lyme Disease Insurer Bad Faith

As a special feature to our Premium subscribers we have included this feature containing an illustrative Plaintiffs' Response to Defendant’s Motion for Summary Judgment in an insurance bad faith and breach of contract action for denial of coverage for Lyme disease treatment. This Response discusses specific policy provisions, including “medical necessity,” and exclusions, such as “experimental treatment.” It also contains deposition testimony and interrogatory responses of the defendant insurer’s executives. Click title to continue reading...