Medical Risk Law Weekly News

Week of: March 05, 2012


Nationwide Recall of Contraceptive Tablets Due to Possible Out of Sequence Tablets

Glenmark Generics Inc. USA issued a voluntary, nationwide, consumer-level recall of seven (7) lots of Norgestimate and Ethinyl Estradiol Tablets because of a packaging error, where select blisters were rotated 180 degrees within the card, reversing the weekly tablet orientation and making the lot number and expiry date visible only on the outer pouch.


Nationwide Recall of Injection Leukemia Medication Due to Possible Nonsterile Product

Bedford Laboratories announced a nationwide voluntary recall of three lots of Cytarabine for Injection.

Recall of Malta Beverages in Glass Bottles Due to Possible Health Risk

The Florida Brewery, Inc. is recalling certain lots of Goya, Great Value, Hatuey, Mr. Special, Polar, Publix, Regal, and SuperMax brand non-alcoholic malta beverages packaged in 7-oz bottles because glass on the exterior of the bottles may break when the twist-off cap is removed from the bottle and can result in cuts to the mouth.

Nationwide Recall of Injection Blood Pressure Medication Due to Visible Particles

American Regent is conducting a nationwide voluntary recall to the Retail/Hospital level of the following product: Phenylephrine HCl Injection, USP, 1% (10mg/mL), 5 mL Vial NDC # 0517-0405-25, Lot # 0693, Exp Date: October, 2012.


Saving Fetus’ Life at 23 Weeks Does Not Preclude Malpractice Finding Due to Later Delayed Delivery

The appellate court upheld the jury’s finding that the standard of care was not met when the delivery was delayed, even though the plaintiff would have had no life to save if excellent care had not been given prior to the date of delivery.

Nurse’s Opinion Letter Insufficient to Support Claim that Negligent ER Care Lead to Stroke Death

An action alleging negligent care by a hospital’s emergency room lead to a patient’s subsequent death from a hemorrhagic stroke was dismissed for lack of personal jurisdiction because the good faith certificate of the plaintiff’s attorney, filed with the complaint as required by statute, was accompanied by an insufficient opinion letter to support the certificate.

Res Ipsa Loquitur Held Appropriate to Prove Negligence During Kidney Transplant

A jury was properly instructed on the doctrine of res ipsa loquitur in an action against surgeons by an injured kidney donor.