Scalpel Weekly News

Week of: April 24, 2017

IN THE NEWS


Mishandled Battery, Cybersecurity Issues; Implanted Defibrillators

On April 12, 2017, the FDA issued a warning letter to Abbott Laboratories finding the methods used in, or the facilities or controls used for, the manufacture, packing, storage, or installation of its implantable cardioverter defibrillators (ICDs), cardiac resynchronization therapy defibrillators (CRT-D), and the Merlin@home monitor were not in conformity with the Current Good Manufacturing Practice requirements. Click title to continue reading...


 
MEDICAL ALERTS


First Whole Slide Imaging System for Digital Pathology

On April 12, 2017, the FDA permitted marketing of the Philips IntelliSite Pathology Solution (PIPS), the first whole slide imaging (WSI) system that allows for review and interpretation of digital surgical pathology slides prepared from biopsied tissue. This is the first time the FDA has permitted the marketing of a WSI system for these purposes. Click title to continue reading...



First Drug to Treat Tardive Dyskinesia Approved

On April 11, 2017, the FDA approved Ingrezza (valbenazine) capsules to treat adults with tardive dyskinesia. This is the first drug approved by the FDA for this condition. Click title to continue reading...



Rates of New Cases of Type 1 and Type 2 Diabetes Increasing Among Youth

On April 12, 2017, the CDC announced the results of the SEARCH for Diabetes in Youth study, funded by the CDC and the National Institutes of Health (NIH). The study found that from 2002 to 2012, incidence, or the rate of new diagnosed cases, of type 1 diabetes in youth increased by approximately 1.8 percent each year. Click title to continue reading...


  CASE ALERTS


Expert’s Differential Diagnosis Lacked Adequate Foundation

A board-certified otolaryngologist treated a five-year-old boy for severe obstructive sleep apnea. Following a sleep study, the otolaryngologist recommended that the boy undergo a tonsillectomy and adenoidectomy surgery on an outpatient basis. Click title to continue reading...



Attorney-Client Privilege Applies to Attorney Referrals of Client to Physician

A woman fell in a parking lot. The woman went to the emergency room (ER) twice. The ER eventually advised the woman to see a specialist concerning pain in her right knee. The woman did not go to a specialist because the woman did not have enough money or any health insurance. Click title to continue reading...



Anti-Steering Provisions for Hospital and Insurers Restrain Trade

The second largest public hospital system in the United States and the dominant hospital system in the area had an approximately 50% share of the relevant market. The hospital conducted business primarily through a large general acute-care hospital. The hospital operated nine other general acute-care hospitals in that area. Click title to continue reading...


FEATURE


Complaint: Battery and Negligent Handling of Corpse

As a special feature for our Premium subscribers we have included this feature containing an illustrative complaint for assault and battery of a decedent, as well as negligent handling of a corpse. In this illustrative case, the plaintiff sued a hospital and a physician alleging that defendants’ extraordinary efforts to keep the decedent alive until a suitable organ donor could be found constituted both assault and battery of the decedent and negligent handling of a corpse because the defendants had not adequately explained the process prior to obtaining the plaintiff’s consent for organ donation. Click title to continue reading...