Scalpel Weekly News

Week of: December 11, 2017

IN THE NEWS


First Test to Detect Extensive Number of Cancer Biomarkers

On November 30, 2017, the FDA approved the FoundationOne CDx (F1CDx), the first breakthrough-designated, next generation sequencing (NGS)-based in vitro diagnostic (IVD) test that can detect genetic mutations in 324 genes and two genomic signatures in any solid tumor type. Click title to continue reading...


 
MEDICAL ALERTS


Biotin (Vitamin B7) Interferes with Lab Tests; Deadly Results

On November 28, 2017, the FDA alerted the public, health care providers, lab personnel, and lab test developers that biotin can significantly interfere with certain lab tests and cause incorrect test results which may go undetected. Click title to continue reading...



Type II Diabetes Drug Contaminated with Drug Resistant Mold

On November 27, 2017, Sun Pharmaceutical Industries recalled two lots of Riomet (Metformin Hydrochloride Oral Solution), which were found to be contaminated with Scopulariopsis brevicaulis, a mold found in soil that has caused deep fungal infections resistant to broad-spectrum antifungal agents. Click title to continue reading...



Frequency of HIV Testing and Time from Infection to Diagnosis Improve

On November 28, 2017, the CDC published a report that found that HIV is being diagnosed sooner after infection than was previously reported. According to the report, the estimated median time from HIV infection to diagnosis was three years in 2015. The CDC previously estimated that, in 2011, the median time from HIV infection to diagnosis was three years and seven months. Click title to continue reading...


  CASE ALERTS


Relation Back Applied to Wrongful Death; Statute of Repose Expired

A 47-year-old woman sought treatment from a retinologist for flashes, spots, and floaters in the woman’s eyes. At the woman’s first appointment, the retinologist determined the woman had bilateral metamorphopsia, a syndrome in which the shape of objects appears distorted. Click title to continue reading...



Care Facility Admission; Arbitration Clause; Health Care Decisions

A woman executed a power of attorney for health care, as authorized under California’s Health Care Decisions Law (HCDL), Prob. Code, § 4671, subd. (a), (health care POA). The woman appointed a niece as the attorney-in-fact to make health care decisions for the woman. Click title to continue reading...



Ongoing Medical Expenses Causally Related to Accident

A woman driving a car was rear-ended. The police officer who arrived at the scene concluded that the rear-ending driver was responsible for the crash. Click title to continue reading...


FEATURE


Defense Summary Judgment Motion: Colonoscopy Malpractice

As a special feature for our Premium subscribers we have included this feature containing an illustrative motion for summary judgment in an action for malpractice involving a colonoscopy. In this illustrative situation, a man underwent a colonoscopy. The procedure involved a contaminated colonoscope, which caused the man to become infected with the human papillomavirus (HPV). Click title to continue reading...