Scalpel Weekly News

Week of: May 29, 2017

IN THE NEWS


Lead Tests May Generate Inaccurate Results, FDA Warns

On May 17, 2017, the FDA and the CDC warned that certain lead tests manufactured by Magellan Diagnostics may provide inaccurate results for some children and adults in the United States. The CDC recommended that parents of children younger than six years (72 months) of age, and currently pregnant women and nursing mothers who have been tested for lead exposure consult a healthcare professional about whether they should be retested. Click title to continue reading...


 
MEDICAL ALERTS


FDA Expands Use of Drug to Treat More Mutations of Cystic Fibrosis

On May 17, 2017, the FDA expanded the approved use of Kalydeco (ivacaftor) for treating cystic fibrosis. The approval triples the number of rare gene mutations that the drug can now treat, expanding the indication from the treatment of 10 mutations to 33. Click title to continue reading...



Worldwide Recall of Coronary Catheters; Balloon Problems

On May 12, 2017, Abbott recalled specific lots of three catheters: NC Trek RX Coronary Dilatation Catheter, NC Traveler Coronary Dilatation Catheter, and NC Tenku RX PTCA Balloon Catheter. Products from the identified lots may exhibit difficulty in removing the protective balloon sheath, which could cause problems with inflating or deflating the balloon. Click title to continue reading...



Rapidly Rising Rates of Virulent, Multidrug-Resistant Candida auris

On May 19, 2017, the CDC published a report that found the total number of U.S. clinical cases of the highly virulent, multidrug-resistant, yeast pathogen Candida auris (C. auris) rose from 7, as of August 2016, to 77, as of May 12, 2017. Click title to continue reading...


  CASE ALERTS


Assault and Battery Claims Against Hospital Require Expert

A boy was admitted to a hospital for an accidental prescription medication overdose. At approximately midnight, the boy, anxious and stressed, remained out of bed and ambulatory in the hospital room. Three members of the hospital’s staff attempted to force the boy into bed. The boy resisted these efforts. Click title to continue reading...



Negligent Treatment of Cellulitis Ulcer; Qualified Expert Required

Over a period of five months, a man was treated weekly by a doctor for a cellulitis ulcer on the man’s foot. The man’s skin had broken open due to a common, potentially serious, bacterial skin infection. Approximately one month after the man’s last appointment with the doctor, the man underwent an amputation of a bone in the foot because the bone had become infected. Click title to continue reading...



ERISA Did Not Preempt Surgeon’s Promissory Estoppel Claim Against Insurer

An orthopedic surgeon performed two knee surgeries on a patient. The patient was a member of an insurer-administered healthcare plan that was governed by the Employee Retirement Income Security Act (ERISA). The orthopedic surgeon was an out-of-network provider under the healthcare plan, meaning he did not have a contract with the insurer and was not identified by the insurer as a participating physician who had agreed to abide by a set fee schedule. Click title to continue reading...


FEATURE


Depostion Checklist: Preparing Expert in Dental Malpractice Case

As a special feature for our Premium subscribers we have included this feature containing an illustrative checklist to be used by counsel preparing a plaintiff’s expert witness for deposition in a medical malpractice action involving a dental procedure. Click title to continue reading...