Scalpel Weekly News

Week of: June 18, 2018

IN THE NEWS


Naloxone Injections Recalled

On June 4, 2018, the Hospira, Inc., a Pfizer company, recalled lots 72680LL and 76510LL of Naloxone Hydrochloride Injection, USP, 0.4 mg/mL, 1 mL in 2.5 mL, Carpuject Single-use cartridge syringe system (NDC 0409-1782-69), due to the potential presence of embedded and loose particulate matter on the syringe plunger. Click title to continue reading...


 
MEDICAL ALERTS


Consent Decree Entered Against Compounding Pharmacy

On June 8, 2018, the Northern District of Mississippi entered a consent decree of permanent injunction between the United States and Delta Pharma, Inc. of Ripley, Mississippi, and the company’s president, vice president, and pharmacist-in-charge. According to the complaint, despite Delta Pharma’s repeated promises to correct deficiencies, Delta Pharma continued to violate the law. Click title to continue reading...



Liquid-Filled Intragastric Balloons; New Risks Labeling; Deaths

On June 4, 2018, the FDA issued a letter to healthcare providers about the risks of liquid-filled intragastric balloons. In collaboration with the manufacturers, Apollo Endosurgery and ReShape Lifesciences, the FDA has approved new labeling for the Orbera and ReShape balloon systems with more information about possible deaths associated with the use of these devices in the U.S. Click title to continue reading...



Invasive MRSA Infections Among People Who Inject Drugs

On June 8, 2018, the CDC published a report that found that people who inject drugs were more than 16 times more likely to develop invasive methicillin-resistant Staphylococcus aureus (MRSA) infections than others. Between 2011 and 2016, the proportion of invasive MRSA cases that occurred among people who inject drugs increased from 4.1 percent to 9.2 percent. Click title to continue reading...


  CASE ALERTS


No Complaint Amendment to Substitute Defendant Without Pre-suit Notice

A mother gave birth to a daughter at a hospital. Five days later, the daughter died. Twenty-two days before the expiration of the one-year statute of limitations, the mother sent pre-suit notice letters to a number of defendants asserting a healthcare liability claim. A week later the hospital district, which was not one of the defendants to which the mother sent pre-suit notice letters, responded to the notice letter. Click title to continue reading...



Expert Required for Failure to Perform Surgery on Finger

A man was injured in a motor vehicle accident. The man presented to the emergency room (ER) where staff took note of the man’s injuries. Specifically, radiological studies revealed that the man had suffered a dislocation of the third metacarpophalangeal (MCP) joint (the joint between the metacarpal bone of the hand and the first bone of the middle finger) with a type II fracture (a common fracture which passes across most of the growth plate and up through the wide portion of the bone where growth occurs), a fracture dislocation at the base of the fourth metacarpal (the bone in the hand extending down from the ring finger), and a dislocation of the fifth carpometacarpal joint (the joint on the wrist end of the metacarpal bone of the hand extending down from the pinky finger). Click title to continue reading...



Malpractice Insurance Rescission; Opioid Prescription Investigations

A doctor and the doctor’s practice group applied for a medical professional liability insurance policy from an insurer. Prior to applying for the insurance policy, 14 individuals died of opioid or narcotic drug overdoses allegedly involving drugs supplied by the doctor and the practice group; there was an ongoing investigation by the Drug Enforcement Administration (DEA) of those overdose deaths; articles had appeared in the local newspapers, including an article entitled “Barboursville Doctor Accused in 14 Overdose Deaths”; and the West Virginia Board of Osteopathic Medicine initiated administrative proceedings against the doctor involving the deaths of patients, as well as sexual misconduct with multiple female patients. Click title to continue reading...


FEATURE


Checklist: Plaintiff’s Compounded Drug Documentary Evidence

As a special feature for our Premium subscribers we have included this feature containing a checklist of documents plaintiff’s counsel should gather to support a medical malpractice action alleging injuries caused by an improperly compounded drug. Counsel may obtain these documents through discovery document requests of the defendant and third-party document requests, such as from the hospital that treated the client’s adverse reaction to the compounded drug. In this illustrative situation, a man was prescribed a compounded drug by a primary care physician. The man 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 man suffered a severe adverse reaction to the compounded drug, which he was treated for at the local hospital’s emergency room. The man sued both the physician and compounding pharmacy. Click title to continue reading...