Scalpel Weekly News

Week of: November 05, 2018

IN THE NEWS


New Flu Drug; First in 20 Years

On October 24, 2018, the FDA granted Shionogi & Co., Ltd., authorization to market Xofluza (baloxavir marboxil) for the treatment of acute uncomplicated influenza (flu) in patients 12 years of age and older who have been symptomatic for no more than 48 hours. Click title to continue reading...


 
MEDICAL ALERTS


Over-the-Counter Hair and Skin Drugs Manufacturer Consent Decree

On October 23, 2018, the Western District of Tennessee ordered Keystone Laboratories, Inc. of Memphis, Tennessee, the company’s owner, Melinda Menke, and its president, Elizabeth Jumet, to stop selling over-the-counter (OTC) drug products until the company complies with the Federal Food, Drug, and Cosmetic Act (FDCA) and other requirements listed in a consent decree. According to the complaint filed with the consent decree, Keystone manufactured and distributed OTC hair care and skin care products that violated federal law. Click title to continue reading...



Test to Diagnose Menopause

On October 24, 2018, the FDA permitted Ansh Labs to market the PicoAMH Elisa diagnostic test as an aid in the determination of a patient’s menopausal status. Click title to continue reading...



2018 Influenza Activity

On October 26, 2018, the CDC published a report that found between May 20, 2018, and October 13, 2018, low levels of influenza activity were reported in the United States, with a mix of influenza A and B viruses circulating. The CDC recommended that all persons six months old or older who do not have contraindications receive influenza vaccine. Click title to continue reading...


  CASE ALERTS


Failure to Diagnose Malignant Uterine Cancer; Limitations

A patient sought treatment from a gynecologist for abnormal bleeding and a large uterine fibroid mass. The patient and gynecologist discussed treatment options, including an abdominal hysterectomy and a robotic hysterectomy. The gynecologist referred the patient to a gynecological oncologist to evaluate whether the robotic procedure was appropriate for the patient. Click title to continue reading...



Failure to Communicate Severity of Heart Attack; Expert

A patient presented to the emergency room (ER) complaining of shortness of breath and chest pain. An ER physician concluded that the patient had suffered a heart attack. The ER physician discussed the patient’s condition with the cardiologist on call and the hospital’s internist/hospitalist. The ER physician admitted the patient to the hospital. Click title to continue reading...



Insurer’s Failure to Make Effort to Settle Medical Malpractice

A patient sued a doctor for medical malpractice. After a trial, the jury awarded the patient $3,801,200 for injuries sustained as a result of the doctor’s deviation from the applicable medical standard of care. The Essex County Superior Court of New Jersey, Law Division, entered a judgment against the doctor totaling $5,256,767.72. Following an unsuccessful appeal, the doctor’s medical malpractice insurer paid the patient $1,000,000, the maximum under the doctor’s medical malpractice insurance policy. A judgment of $4,800,000 remained in place against the doctor. Click title to continue reading...


FEATURE


Complaint: Misdiagnosis of Aneurysm as Migraine

As a special feature for our Premium subscribers, we have included this feature containing an illustrative complaint for a medical malpractice action alleging the misdiagnosis of an aneurysm as migraine. In this illustrative situation, a woman suffering severe headaches, nausea, neck stiffness, and numbness of the right arm informed a physician that something “exploded” in the woman’s head the night before the woman’s first appointment with the physician. The physician diagnosed the woman with a migraine headache and prescribed painkillers. After repeated visits to the physician and the emergency room, the woman was eventually hospitalized for a lumbar puncture and angiogram that revealed an aneurysm. The woman underwent surgery for the aneurysm, but, as a result of the delayed diagnosis, suffered permanent brain damage. The woman sued the physician and the emergency room physician for malpractice and the hospital for negligence. Party identifying information has been redacted to protect privacy. Click title to continue reading...