Scalpel Weekly News

Week of: August 20, 2018

IN THE NEWS


First Direct-to-Consumer App to Prevent Pregnancy

On August 10, 2018, the FDA permitted Natural Cycles Nordic AB to market Natural Cycles, the first mobile medical application (app) that can be used as a method of contraception to prevent pregnancy. The app contains an algorithm that calculates the days of the month a woman is likely to be fertile based on daily body temperature readings and menstrual cycle information, a method of contraception called fertility awareness. Designed for mobile devices, it is intended for use in pre-menopausal women aged 18 and older. Click title to continue reading...


 
MEDICAL ALERTS


Improper Use of Rupture of Membranes Tests in Pregnancy

On August 8, 2018, the FDA alerted women and their doctors about serious adverse events related to the improper use of tests intended as an aid in detecting if a pregnant woman’s water has broken, also known as a rupture of the membranes containing amniotic fluid. A rupture of the membranes (ROM) can pose immediate and severe risks to the patient and developing fetus without proper patient management and timely intervention. Click title to continue reading...



Nationwide Recall of CVS Nasal Mist; Bacterial Contamination

On August 8, 2018, Holly Hill, FL, Product Quest Manufacturing (“Product Quest”) recalled one lot of CVS Health 12 Hour Sinus Relief Nasal Mist, a clear, colorless liquid. The nasal decongestant was found to have microbiological contamination identified as Pseudomonas aeruginosa. Repetitive use of a nasal spray containing a gram-negative pathogen can potentially lead to colonization and subsequent infection which can be life threatening in certain patient populations, such as those with cystic fibrosis or the immune-compromised. Click title to continue reading...



Zika-Related Childhood Health Problems

On August 7, 2018, the CDC published a report that found that about one in seven babies, now one year or older, who were born to women with Zika virus infection during pregnancy had one or more health problems possibly caused by exposure to the virus before birth. Some of these health problems were not apparent at birth and were identified as the babies grew older. Zika virus infection during pregnancy can cause severe health problems in babies, such as birth defects, problems with vision and hearing, seizures, and developmental delays. Click title to continue reading...


  CASE ALERTS


Sovereign Immunity; Affiliated University Provided Patient Services at State Hospital

In 2011, Florida’s legislature expanded the definition of sovereign immunity to cover nonprofit independent universities that agreed to provide patient services at government teaching hospitals as part of an affiliation agreement. Such universities and their employees would be treated as agents of the government teaching hospital, and covered by the sovereign immunity statute, to the extent they were providing patient services consistent with the affiliation agreement. Click title to continue reading...



Expert Affidavit in Failure to Monitor Fluids Claim; Nursing Home

A nursing home resident had a history of dementia, hypertension, and chronic kidney disease. About four years after the resident was admitted to the nursing home, the resident began having more difficulty performing activities of daily living. By the following year, the resident was at a high risk of developing pressure ulcers. The resident developed numerous pressure ulcers, including an ulcer on the left hip that became infected. The resident became unable to swallow and laboratory tests revealed that he was severely dehydrated. The resident became unresponsive and was rushed to a hospital, where the resident died the same day. The resident’s death certificate listed the cause of death as complications from dementia and respiratory failure. Click title to continue reading...



Failure to Explain Why ALJ Ignored Examining Physician

An applicant for Social Security Disability Insurance Benefits and Supplemental Security Income suffered from osteoarthritis, degenerative disc disease, chronic obstructive pulmonary disease, fibromyalgia, and morbid obesity. Click title to continue reading...


FEATURE


Evidence Checklist: Urological Malpractice

As a special feature for our Premium subscribers, we have included this feature containing a checklist as a guide when considering the evidence in an action for negligent treatment of a urological disorder or urinary dysfunction. Party identifying information has been redacted to protect privacy. Click title to continue reading...