Medical Risk Law Weekly News

Week of: July 09, 2012


Multistate Outbreak of Human Salmonella Montevideo Infections Linked to Live Poultry

The CDC is collaborating with public health and agriculture officials in many states and the U.S. Department of Agriculture's (USDA) Animal and Plant Health Inspection Service, National Poultry Improvement Plan, and Veterinary Services to investigate an outbreak of human Salmonella Montevideo infections linked to chicks and ducklings from Estes Hatchery in Springfield, Missouri.


Healthy Choice Recalls Liquid Gold Carrot Juice Due to Potential Botulism Contamination

Healthy Choice Island Blends, Inc. of Los Angeles, CA, is recalling all sizes of Liquid Gold Carrot Juice including 128oz, 64oz, 32oz, and 16 oz, because it has the potential to be contaminated with Clostridium botulinum, which can cause botulism, a serious and potentially fatal foodborne illness.

Listeria Contamination in Queso Fresco, Fresh Cheese

The New York State Agriculture Commissioner Darrel Aubertine warned consumers in the metropolitan New York area, including Queens, the Bronx, and Brooklyn, to not consume certain "Queso Fresco, Fresh Cheese” products made by Mexicali Cheese Corp. due to possible Listeria contamination.

Cefepime Increases Risk of Seizure in Kidney Impaired Patients if Dosage Not Adjusted

The FDA is reminding health care professionals about the need to adjust the dosage of the antibacterial drug cefepime in patients with renal (kidney) impairment. There have been cases of a specific type of seizure called nonconvulsive status epilepticus associated with the use of cefepime, primarily in patients with renal impairment who did not receive appropriate dosage adjustments of cefepime. The Warnings and Precautions and Adverse Reactions sections of the cefepime label are being revised to highlight this risk.


Vascular Surgeon May Provide Expert Testimony on Care Applicable to Orthopedic Surgeon Where Facts Support Connection Between Specialties

The plaintiff with arthritis in his knees saw an orthopedic surgeon for treatment and double knee replacement surgery was planned. The orthopedic surgeon performed the first total knee replacement successfully and three months later the surgeon performed the second knee surgery. The outcome was not positive. Immediately after the surgery, the man complained of numbness and tingling in his left foot. The orthopedic surgeon thought this was the result of either the anesthesia not wearing off completely or neuropraxia, a rare nerve injury related to the surgery. Both of these conditions usually resolve themselves quickly. The plaintiff sued the orthopedic surgeon for medical negligence for failure to diagnose the vascular injury which resulted in compartment syndrome requiring amputation.

Mental Healthcare Provider Owed No Duty to a Mother To Protect Her from Son Undergoing Outpatient Mental Health Treatment Who Later Killed Mother

A woman’s son had psychological problems for which he had been institutionalized several times. Her son received outpatient psychiatric treatment from the defendant mental healthcare provider. After an altercation in which the son threatened the mother at her home, the police were called. The police agreed to visit the son at home the next morning. The next day a psychiatrist with the mental healthcare provider spoke with the son and concluded that he was stable, did not need further evaluation, and did not need to be admitted to a hospital. Two days after the altercation, the son murdered his mother. The woman’s other son, on behalf of her estate, sued the mental healthcare provider and the county police for personal injuries and wrongful death.

Circumstantial Evidence of Defect and Cause Sufficient to Overcome Motion for Judgment Notwithstanding the Verdict in Food Poisoning Case

The plaintiff dined at a restaurant with a group of people and ordered grilled chicken, rice, and a baked potato. He noted deficiencies in the quality of the chicken such as a strange aftertaste, sticking to the plate, and dryness. No other member of the group ate chicken. The man ate nothing but the restaurant meal the entire day. Twelve hours after consuming the chicken, the man suffered severe diarrhea and vomiting. Two days later he was admitted to the hospital where he was treated for seven days. His treating physician conducted various tests which eliminated other possible causes of the man’s illness leading the physician to conclude that the likely cause was food poising from the chicken. The man sued the restaurant for negligence and breach of an implied warranty of merchantability for serving him the tainted chicken.