Scalpel Weekly News

Week of: September 03, 2018

IN THE NEWS


No More Nicotine-Filled E-Liquids Promoted like Kid-Friendly Foods

On August 23, 2018, the FDA announced that all 17 manufacturers, distributors, and retailers that were warned by the FDA in May 2018 stopped selling the nicotine-containing e-liquids used in e-cigarettes with labeling or advertising resembling kid-friendly food products. The May 2018 warning letters identified labels resembling juice boxes, candy, or cookies as being false or misleading. Several of the companies that received warning letters were also cited for illegally selling the products to minors. Click title to continue reading...


 
MEDICAL ALERTS


First Drug for Rare Eye Disease

On August 22, 2018, the FDA permitted Dompé farmaceutici SpA to market Oxervate (cenegermin), the first drug for the treatment of neurotrophic keratitis, a rare disease affecting the cornea, the clear layer that covers the colored portion of the front of the eye. Click title to continue reading...



Urgent Recall for Blood Processor Leukotrap RC System

On August 23, 2018, Haemonetics Manufacturing Inc. of Covina, California, recalled 10 lots of their Leukotrap RC System with RC2D Filter (Reorder #129-62 and 129-63). Blood collection establishments use Leukotrap RC Systems with RC2D Filter to collect whole blood and prepare red blood cells and plasma or red blood cells, plasma, and platelets with pre-storage leukocyte reduction of red blood cells. Click title to continue reading...



Update: 507 Cases in 16 States-Cyclosporiasis in McDonald’s Salads

On August 23, 2018, the CDC updated its information regarding the multistate outbreak of Cyclosporiasis linked to McDonald’s salads. To date, 507 cases of Cyclosporiasis linked to McDonald’s salads from 16 states have been confirmed. Twenty-four of the infected people required hospitalization. Click title to continue reading...


  CASE ALERTS


Failure to Diagnose TIA; Failure to Prevent Stroke; Malpractice

A primary care physician saw a patient twice in two weeks. At the first appointment, the patient’s primary complaint was left hand numbness. The patient reported tingling in the hand, increasing difficulty picking things up, difficulty turning pages, dizziness, and foot numbness. The patient asked the primary care physician if these were signs of a stroke. The primary care physician clinically reproduced the patient’s symptoms. The primary care physician believed these symptoms were caused by carpal tunnel syndrome. The primary care physician referred the patient to a carpal tunnel specialist, who confirmed the diagnosis and began treatment. Click title to continue reading...



Failure to Diagnose Bladder Perforation During Diagnostic Laparoscopy; Malpractice

A patient underwent a diagnostic laparoscopy performed by a gynecologist. Immediately following the procedure, the patient experienced sharp, intense pains in the center of the lower abdomen. The gynecologist suggested that pain from the procedure was to be expected. Click title to continue reading...



Denial of Long-Term Disability for Chronic Back Pain

An employee suffered from chronic back pain. The employee applied for long-term disability benefits under the employer’s welfare benefit plan. To evaluate the employee’s claim, the insurer obtained medical records from the employee’s treating physicians. An independent consulting physician reviewed the medical records. Based on the employee’s medical records, including the results of magnetic resonance imaging (MRI) conducted the previous year, the independent consulting physician diagnosed the employee with chronic low back pain and recently increased back and leg pain due to disc protrusion with severe stenosis. From this diagnosis, the independent consulting physician concluded that the employee’s current estimated work capacity was limited to sedentary work, rather than the light work required by the job. Click title to continue reading...


FEATURE


Checklist: Chiropractor Client Interview-Malpractice Action

As a special feature for our Premium subscribers, we have included this feature containing a checklist of topics counsel should address in an initial client meeting with a chiropractor who is the defendant in a malpractice action. In this illustrative situation, a man sought treatment from a chiropractor due to persistent neck pain. The man suffered a stroke soon after the chiropractor manipulated the man’s neck. The man sued the chiropractor for malpractice.

Party identifying information has been redacted to protect privacy. Click title to continue reading...