Scalpel Weekly News

Week of: June 11, 2018

IN THE NEWS


New Treatment for Active Ulcerative Colitis

On May 30, 2018, the FDA expanded the approval of Xeljanz (tofacitinib) to include adults with moderately to severely active ulcerative colitis. Xeljanz is the first oral medication approved for chronic use in this indication. Click title to continue reading...


 
MEDICAL ALERTS


First Artificial Iris

On May 30, 2018, the FDA granted Clinical Research Consultants, Inc., approval to market the CustomFlex Artificial Iris, the first stand-alone prosthetic iris in the United States. The CustomFlex Artificial Iris is a surgically implanted device to treat adults and children whose iris (the colored part of the eye around the pupil) is completely missing or damaged due to a congenital condition called aniridia or other damage to the eye. Click title to continue reading...



Preventing Drug Shortages

On May 31, 2018, the FDA Commissioner Scott Gottlieb, M.D., issued a statement regarding the FDA’s work to mitigate shortages of intravenous drugs, shorten supply disruptions, and better predict vulnerabilities. Click title to continue reading...



Long-Term Acute Care Hospital Antibiotic Resistant Pneumonia Outbreak

On June 1, 2018, the CDC published a report that described an outbreak of antibiotic resistant pneumonia at a long-term acute care hospital in Orange County, Florida. On July 5, 2017, one case of colonization with Verona integron-encoded metallo-beta-lactamase (VIM)–producing Pseudomonas aeruginosa was identified. VIM enzymes make bacteria resistant to carbapenem drugs. Click title to continue reading...


  CASE ALERTS


Expert Testimony Required in Defective IUD Claim

A woman’s doctor implanted an intrauterine device (IUD) in the woman’s uterus. An IUD is a form of long-term birth control. About six years after the woman had the IUD implanted, the woman asked the doctor to remove it. The procedure removed only part of the IUD. A piece had broken off either before or during the removal. That piece was lodged in the woman’s uterus. The doctor advised the woman that removing the remaining piece of the IUD would require a hysterectomy. Click title to continue reading...



Successor Attorney-in-Fact; Nursing Home Arbitration

A woman, who suffered from dementia, executed a durable power of attorney that named the woman’s son as the woman’s attorney-in-fact and the woman’s daughter as the successor attorney-in-fact. When the woman was transferred from a hospital to a nursing home, the woman was unable to handle the woman’s own affairs. The woman’s daughter accompanied the woman to the nursing home and signed all of the admission documents, including an arbitration agreement. The woman resided in the nursing home for about three years. About one month after leaving the nursing home, the woman died. Click title to continue reading...



Hospital Had No Right to Payments from Patient’s Insurance

A man was injured in an automobile accident. The man was transported to a hospital. The man had a valid no-fault insurance policy. Click title to continue reading...


FEATURE


Plaintiff’s Interrogatories: Compounded Drug Injury

As a special feature for our Premium subscribers we have included this feature containing illustrative interrogatories for a medical malpractice action alleging injuries caused by an improperly compounded drug. In this illustrative situation, a woman was prescribed a compounded drug by a primary care physician. The woman presented the prescription to the compounding pharmacy recommended by the physician. The pharmacist compounded the drug and labeled it as having the same percentages specified in the prescription. The woman suffered a severe adverse reaction to the compounded drug. The woman sued both the physician and compounding pharmacy. Click title to continue reading...