Scalpel Weekly News

Week of: January 16, 2017

IN THE NEWS


E-Cigarettes Overheating, Catching Fire, Exploding

On January 3, 2017, the FDA’s Center for Tobacco Products (CTP) announced a public workshop regarding battery safety concerns in electronic nicotine delivery systems (ENDS). CTP will host a science-based public workshop to gather information and stimulate discussion on batteries used in ENDS, including electronic cigarettes. Click title to continue reading...


 
MEDICAL ALERTS


IV Flush Syringes Recalled Due To Link to B. Cepacia Infections

On January 4, 2017, the FDA classified the recall of all unexpired lots of I.V. Flush Syringes due to a potential link to Burkholderia cepacia (B. cepacia) bloodstream infections as a Class I recall, which is the most serious type of recall. Class I recalls involve situations in which there is a reasonable probability that use of the product will cause serious adverse health consequences or death. Click title to continue reading...



First HIPAA Lack of Timely Breach Notification Enforcement Action

On January 9, 2017, the U.S. Department of Health and Human Services, Office for Civil Rights (OCR), announced the first Health Insurance Portability and Accountability Act (HIPAA) settlement based on the untimely reporting of a breach of unsecured protected health information (PHI). Click title to continue reading...



Football Traumatic Brain Injury, Spinal Cord Injury Deaths

A new study published by the CDC on January 6, 2017, reported that from 2005 through 2014, a total of 28 traumatic brain and spinal cord injury deaths in high school and college football were identified. The most common playing positions of those fatally injured were running back and linebacker. Click title to continue reading...


  CASE ALERTS


Medical Device for Post-Surgery Therapy Caused Nonfreezing Cold Injury; High Damages

A teenaged girl injured her left knee. The girl consulted a doctor regarding possible surgery on her left knee. The doctor diagnosed the girl with patella alta, misalignment of the patella, and also noted a possible torn meniscus. The doctor recommended arthroscopic surgery. Click title to continue reading...



In Vaccine Act Cases, Where Parties Agree on Injury, Factfinder Must Accept Injury

A 13-year-old boy underwent a complete physical examination. The boy’s doctor determined that the boy was healthy. Following the examination, the boy received the tetanus-diphtheria (Td) vaccine and his third inoculation of the hepatitis B (HepB) vaccine. Click title to continue reading...



Long-Term Disability Denial; Independent Medical Evaluation Supported by Video

A woman received group long-term disability insurance coverage under her employer’s employee welfare benefit plan. The woman stopped working and claimed short-term disability precipitated by a lumbar back pain; an L5-S1 discectomy, a surgical procedure to remove a herniated intervertebral disc, two years earlier. Click title to continue reading...


FEATURE


Complaint: Parkinson’s Disease Treatment Malpractice

As a special feature for our Premium subscribers we have included this feature containing an illustrative Complaint for medical malpractice regarding the treatment of Parkinson’s disease. In this illustrative case, after deep brain stimulation implant surgery to treat the patient’s Parkinson’s disease, the patient experienced swelling (a cyst), pain, and other symptoms. Click title to continue reading...