Scalpel Weekly News

Week of: May 28, 2018

IN THE NEWS


New Preventive Injection for Migraines

On May 17, 2018, the FDA granted Amgen Inc. approval to market Aimovig (erenumab-aooe) for the preventive treatment of migraine in adults. The treatment is given by once-monthly self-injections. Aimovig is the first FDA-approved preventive migraine treatment in a new class of drugs that work by blocking the activity of calcitonin gene-related peptide (CGRP), a molecule that is involved in migraine attacks. Click title to continue reading...


 
MEDICAL ALERTS


Name-Brand Drug Makers Tactically Delay Generic Competition

On May 17, 2018, the FDA made public a list of companies that have been blocking access to the samples of their name-brand drugs. The FDA received more than 150 inquiries from prospective generic applicants indicating that they would like to develop a generic version of an FDA-approved drug, but are unable to obtain the necessary samples of the reference listed drug (RLD) – typically referred to as the name-brand drug – because the RLD is subject to limited distribution. Click title to continue reading...



First Non-Opioid Treatment for Opioid Withdrawal

On May 16, 2018, the FDA granted to US WorldMeds LLC the approval of Lucemyra (lofexidine hydrochloride) for the mitigation of withdrawal symptoms to facilitate abrupt discontinuation of opioids in adults. While Lucemyra may lessen the severity of withdrawal symptoms, it may not completely prevent them. Click title to continue reading...



One in Three Swimming-Related Disease Outbreaks Occur at Hotels

On May 17, 2018, the CDC published a report that found that, between 2000 and 2014, 493 waterborne disease outbreaks associated with treated recreational water caused at least 27,219 cases and eight deaths. A third of treated recreational waterborne disease outbreaks between 2000 and 2014 occurred in hotel pools or hot tubs. Click title to continue reading...


  CASE ALERTS


Vermont Certificate of Merit Statute Requires Strict Compliance

A woman presented to a clinic complaining of shortness of breath, leg pain, and chest pain. The physician assistant (PA) with whom the woman met concluded that the woman had allergies, prescribed an inhaler, and told the woman to return home. Three days later, the woman died from a pulmonary embolism, a condition in which one or more arteries in the lungs become blocked by a blood clot. Click title to continue reading...



Malpractice Lawsuits Against Hospital; Doctrine of Curative Admissibility

A three-month-old child was brought to the emergency room (ER) with symptoms including decreased appetite, coughing, and a fever that had lingered for several days. The attending ER physician diagnosed the child with a viral upper respiratory infection. The child was discharged with instructions to continue fluids and to seek further treatment if the symptoms continued. Click title to continue reading...



Anti-Assignment Clause in ERISA Plan Enforceable Against Providers

An orthopedic surgeon performed shoulder surgery on a patient who was covered by a health insurance plan. After the surgery, the orthopedic surgeon charged the patient for the procedure. Because the orthopedic surgeon did not participate in the insurer’s network, the orthopedic surgeon charged the patient a total of $58,400. Click title to continue reading...


FEATURE


Defense Discovery Checklist: Nursing Home Negligence Action

As a special feature for our Premium subscribers we have included this feature containing a checklist to be used by counsel defending a nursing home in an action alleging nursing home negligence. In this illustrative situation, a woman was admitted to a nursing home because the woman’s Parkinson’s disease prevented the woman from caring for herself. Click title to continue reading...