Medical Risk Law Weekly News

Week of: May 06, 2019

IN THE NEWS


First Treatment for Pediatric Patients with Lupus

On April 26, 2019, the FDA authorized GlaxoSmithKline to market Benlysta (belimumab) intravenous (IV) infusion for the treatment of children with systemic lupus erythematosus (SLE) – often referred to as simply “lupus” – a serious chronic disease that causes inflammation and damage to various body tissues and organs. This is the first time that the FDA has approved a treatment for pediatric patients with SLE. Benlysta has been approved for use in adult patients since 2011. Click title to continue reading...


 
MEDICAL ALERTS


Device Increases Access to Lungs for Transplant

On April 26, 2019, the FDA authorized Xvivo Perfusion Inc. to market the Xvivo Perfusion System with Steen Solution Perfusate, that can temporarily ventilate, oxygenate, and pump (perfuse) preservation solution through donated lungs that were initially thought to be unacceptable for transplant. The device allows the transplant team to perform a more careful assessment of lung function to get a better sense of how the organs are working when they are perfused with a solution outside the body to better determine whether the lungs can then be viable for transplant. Click title to continue reading...



Stent System Increases Risk of Stroke or Death

On April 25, 2019, the FDA warned neurologists, neurosurgeons, and neuroradiologists who perform neurointerventional procedures that a significantly higher incidence of stroke or death occurred within 72 hours of a procedure to open narrowed arteries in the brains of patients diagnosed with intracranial stenosis who are experiencing repeated strokes when the Stryker’s Wingspan Stent System (Wingspan) was used in patients outside of the FDA-approved indications for use. Click title to continue reading...



U.S. Measles Cases Highest Since Measles Eliminated in 2000

On April 29, 2019, the CDC published the latest measles case numbers. From January 1 to April 26, 2019, 704 individual cases of measles were confirmed in 22 states. This is an increase of 78 cases from the previous week. This is the greatest number of cases reported in the U.S. since 1994 and since measles was officially eliminated in 2000. Click title to continue reading...


  CASE ALERTS


Written Informed Consent; Rotator Cuff Tear; Injection and Motion Test

A patient suffered a rotator cuff tear. The patient underwent surgery performed by an orthopedic surgeon to repair the rotator cuff. Following the surgery, the patient kept the arm in a sling and completed physical therapy and recommended exercises. Click title to continue reading...



Vitamin Deficiency after Bariatric Surgery; Expert Reports

A patient underwent a sleeve gastrectomy bariatric surgery. After the surgery, the patient developed severe nausea and vomiting. Click title to continue reading...



Malpractice Insurer Not Liable for Failing to Settle Claim

An outpatient surgical center permitted outside physicians to perform day surgery at its facility. The outpatient surgical center was insured by a medical malpractice insurance company. The insurance policy limited the insurer’s liability to $1 million per claim and provided that the insurer would defend and indemnify the outpatient surgical center for claims that fell within the policy’s coverage. Click title to continue reading...


FEATURE


Complaint: Malpractice for Perforated Bowel and Sepsis

As a special feature for our Premium subscribers, we have included this illustrative complaint as guidance for plaintiff’s counsel in a medical malpractice action involving sepsis. In this illustrative situation, a man presented at a hospital for an outpatient colonoscopy. The man was discharged by the gastroenterologist after the procedure. Two days later, the man presented at the emergency room with a fever, rapid breathing, increased heart rate, disorientation, and abdominal pain. Click title to continue reading...