Medical Risk Law Weekly News

Week of: October 01, 2012


Sunland Announces Recall of Almond Butter and Peanut Butter Products Due to Possible Salmonella Contamination and Illness Reported in 18 States

Sunland’s Almond Butter and Peanut Butter products, manufactured between May 1, 2012 and September 24, 2012, have been recalled because these products may be contaminated with Salmonella. The recall was initiated after learning that between June 11, 2012 and September 2, 2012, twenty-nine people reported Salmonella Bredeney PFGE matching illnesses in approximately 18 states. Click title to continue reading.


Children at Risk Due to Lead in Drinking Water Increasing Blood Lead Levels

The CDC released on August 10 a report on the pervasive environmental contaminant of lead. The CDC noted the EPA is reviewing and making changes to its Lead and Copper Rule (LCR) to further protect public health. Since 1970, considerable reductions in lead concentrations have occurred in air, tap water, food, dust, and soil, which significantly reduced the blood lead levels (BLLs) of children throughout the United States. Click title to continue reading.

FDA Polices False or Misleading Direct-to-Consumer Prescription Drug Advertising

On September 18, the FDA updated its Special Feature on consumer drug advertising reflecting the latest information on this topic. The United States is one of the few countries in the world that allows direct-to-consumer advertising of prescription drug products. Click title to continue reading.

Kroger Stores in Fifteen States Recall Fresh Selections Spinach Items

The Kroger Co. Family of Stores in 15 states is recalling certain Kroger Fresh Selections Tender Spinach 10 ounce packages (UPC: 0001111091649) with a "best if used by" date of September 16. This product, supplied by NewStar Fresh Foods LLC, is being recalled because the product may contain Listeria monocytogenes. Click title to continue reading.


Incorrect Admission of Five Words Regarding Standard of Care in Eight-Day Medical Malpractice Trial Held Harmless Error

A patient died after receiving medical care from a doctor. The administrator of the patient's estate sued the doctor for medical malpractice. During the administrator’s deposition of the patient’s treating physician, the doctor was asked whether he thought the defendant had violated the standard of care. He replied, “I think it was fine.” Click title to continue reading.

Wrongful Death Action Cannot Be Limited By Arbitration Agreement Between Decedent and Defendant, But Nursing Home Care Act Claim Can

As part of a nursing home admission process, a woman signed an arbitration agreement with a nursing home operator. Another woman signed an identical arbitration agreement as the nursing home resident’s legal representative. While the woman resided in the nursing home she suffered injuries and died. Click title to continue reading.

Claims that Doctor Assaulted Patients During Physical Examinations May Not Be Subject to Expert Report Requirements

A female patient complaining of sinus problems was examined by her doctor. During the examination he fondled her breasts. Another female patient complaining of flu-like symptoms was examined by the same doctor and during that examination he fondled her breasts. Click title to continue reading.