Medical Risk Law Weekly News

Week of: May 07, 2012


Recovery Under National Vaccine Injury Program for Seizure Disorder Denied

Two families sought compensation under the National Vaccine Injury Compensation Program for injuries to their children allegedly caused by the Diptheria–Tetanus–acellular Pertussis (DTaP) vaccine.


FDA Accelerates Approval of Kidney Tumor-Reducing Drug

On April 26, 2012, the U. S. Food and Drug Administration granted accelerated approval to everolimus (Afinitor tablets, Novartis) for the treatment of adults with renal angiomyolipoma (benign kidney tumors), associated with tuberous sclerosis complex (TSC), a genetic tumor-causing disorder, who do not require immediate surgery.

FDA Approves Votrient for Advanced Soft Tissue Sarcoma

The U.S. Food and Drug Administration approved Votrient (pazopanib) to treat patients with advanced soft tissue sarcoma who have previously received chemotherapy.

FDA Warns Manufacturers and Distributors of Dietary Supplement DMAA About Failure to Submit Safety Evidence

The U.S. Food and Drug Administration issued warning letters to ten manufacturers and distributors of dietary supplements containing dimethylamylamine, more popularly known as DMAA, for marketing products for which evidence of the safety of the product had not been submitted to FDA.


Referring Physician Owed No Duty to Child Who Suffered Brain Injury

A mother, whose child suffered an anoxic brain injury as the result of being administered an improperly-prescribed dose of a post-operative pain killer following a tonsillectomy that was performed by an ear, nose, and throat (ENT) specialist, brought a medical malpractice action against the physician who had referred the child to the ENT specialist.

Expert Report Describing Chain of Events Ending in Newborn’s Brain Damage Sufficient to Support Complaint

The mother of identical twins filed an action against the obstetrician who delivered the babies, alleging negligent care resulted in one baby being born with brain damage.

Decreased Chance of Remaining Cancer-Free Due to Delayed Discovery of Breast Cancer Is Not Compensable

After discovering, through self-examination, a breast lump that turned out to be malignant, the patient sued her gynecologist. She alleged that the gynecologist had negligently failed to discover the lump during examinations six and eighteen months earlier and had failed to recommend a mammogram at either appointment.