Medical Risk Law Weekly News

Week of: April 30, 2012


State Action Alleging Pain Pump Implanted in Spine Caused Paraplegia Preempted by Federal Law

Five years after insertion of a medical pump that infuses prescription medication through a catheter into the area around the spine to control severe pain, a patient developed an inflammation resulting in permanent paralysis of the lower extremities. He sued the manufacturer in state court alleging negligence, breaches of express and implied warranties, and strict liability.


FDA Warns Diabetics Not to Combine Medications Due to Risk of Renal Impairment

The FDA notified healthcare professionals of possible risks in patients with diabetes or kidney (renal) impairment when using blood pressure medicines containing aliskiren with other drugs called angiotensin converting enzyme inhibitors (ACEIs) and angiotensin receptor blockers (ARBs).

Nationwide Recall of Morphine Sulfate Injection That May Contain More Than Intended Fill Volume

Hospira, Inc. (NYSE: HSP), announced it is initiating a user level recall of one lot of Morphine Sulfate Injection USP, 4 mg/mL (C-II), 1 mL fill in 2.5 mL Carpuject, NDC 0409-1258-30, due to a customer report of two Carpuject syringes containing more than the 1 mL labeled fill volume.

Test For Diagnosing Heart Damage Recalled Due to False Results

Roche Diagnostics Operations announced a Class I recall of Elecsys Troponin I or Elecsys Troponin I STAT Immunoassays. These products are used to determine heart damage as an aid in the diagnosis of a heart attack.


Obstetric Experts on Gestational Diabetes Not Qualified To Testify As To Cause of Fetal Death

Obstetricians with experience in treating pregnant women with gestational diabetes could offer expert testimony regarding that condition, but could not testify that the mother’s gestational diabetes caused the death of a stillborn fetus.

Emergency Medical Providers Who Did Not Start Resuscitation Had Immunity Even Though They Failed to Discover Accident Did Not Kill Victim

An action was brought against volunteer emergency medical providers alleging that the victim suffered severe permanent injuries due to the providers' willful and wanton negligence in failing to timely discover that the accident did not kill the victim.

Physician Not Negligent for Failure to Diagnose Stroke But Negligent for Failure to Offer Ultrasound That Would Have Prevented Faulty Diagnosis

A physician found not negligent for misdiagnosing a patient was nevertheless negligent for failing to inform the patient of treatment options that would have prevented the misdiagnosis.