Medical Risk Law Weekly News

Week of: March 19, 2012


FDA Approves New Silicone Gel-filled Breast Implant

The FDA approved a silicone gel-filled breast implant manufactured by Sientra Inc. to increase breast size (augmentation) in women at least 22 years old and to rebuild breast tissue (reconstruction) in women of any age.


FDA Warns About Skin Creams, Soaps and Lotions Marketed as Skin Lighteners and Anti-aging Treatments As They May Contain Mercury

The FDA is notifying healthcare professionals and warning consumers not to use skin creams, beauty and antiseptic soaps, or lotions that might contain mercury.

Gerber Infant Formula Recalled Due to Gastrointestinal Complaints

Gerber Products Company is retrieving and offering a replacement to consumers who purchased Gerber® Good Start® Gentle powdered infant formula 23.2 ounce plastic package from batch GXP1684 expiration date of March 5, 2013.

FDA Approves First Cell-based Product to Treat Oral Mucogingival Conditions

The FDA approved GINTUIT, the first cell-based product made from allogeneic human cells (from a donor unrelated to the patient) and bovine collagen.


Insufficient Expert Report on Whether Baby’s Guillain-Barre Syndrome Resulted from Vaccination Did Not Warrant Dismissal with Prejudice

Dismissal with prejudice was too severe a sanction against parents seeking compensation under the National Childhood Vaccine Injury Act for their child’s Guillain-Barre Syndrome based on the parents’ failure to provide the special master with additional requested expert reports on causation to supplement their claim.

Epileptic Who Voluntarily Entered Hospital Based on False Monitoring Assurances Died of Unmonitored Seizure But Was Not Deprived of Constitutional Guarantee

A state-owned hospital’s false assurances that an epileptic patient would be under constant monitoring in the epilepsy monitoring unit (EMU), without which the patient would not have voluntarily checked in, did not constitute “a restraint of liberty” for which a state actor can be liable for a deprivation of Fourteenth Amendment substantive due process rights.

Middle Eastern University Physician Retaliated Against By Blocking Hiring is Entitled to Back Pay

A physician of Middle Eastern descent brought a Title VII action, alleging that he was constructively discharged from a university faculty position because of racially motivated harassment by a superior, and that the university retaliated against him by preventing him from obtaining a position at an affiliated hospital after he resigned.