Medical Risk Law Weekly News

Week of: September 24, 2018

IN THE NEWS


Additional Carcinogen Identified in Recalled Blood Pressure Drug

On September 13, 2018, the FDA updated the public on the ongoing investigation surrounding the recent recall of several drug products containing the active pharmaceutical ingredient (API) valsartan, used to treat high blood pressure and heart failure. Click title to continue reading...


 
MEDICAL ALERTS


New Device Treats Acute Coronary Artery Perforations

On September 14, 2018, the FDA granted Biotronik approval to market the PK Papyrus Covered Coronary Stent System, a device intended to treat acute coronary artery perforations, tears in the blood vessels of the heart. This is the first device approved by the FDA for this indication in 17 years. Click title to continue reading...



New Treatment for Hairy Cell Leukemia

On September 13, 2018, the FDA granted AstraZeneca Pharmaceuticals approval to market Lumoxiti (moxetumomab pasudotox-tdfk) injection for intravenous use for the treatment of adult patients with relapsed or refractory hairy cell leukemia (HCL) who have received at least two prior systemic therapies. Click title to continue reading...



Outbreak of Pediatric Meningitis and Encephalitis

On September 14, 2018, the CDC published a report that described an outbreak of pediatric cases of meningitis and encephalitis in which patients tested positive for enterovirus-A71 (EV-A71). EV-A71 can cause hand, foot, and mouth disease and neurologic disease, primarily among children under the age of five. Common manifestations include a febrile illness with lesions on the palms, soles, oral mucous membranes, or perineum; and aseptic meningitis, inflammation of brain and spinal cord membranes not caused by bacteria. Severe CNS EV-A71 infection can cause brainstem encephalitis leading to cardiopulmonary collapse and polio-like acute flaccid myelitis. Click title to continue reading...


  CASE ALERTS


Testimony of Five Medical Experts Not Cumulative

A patient underwent abdominal hernia repair surgery. Several hours after discharge from the hospital, the patient began experiencing severe post-operative pain and was readmitted to the hospital. The next morning, the doctor reevaluated the patient and discharged the patient a second time. When the patient’s condition worsened the following day, the patient again returned to the hospital, where the patient was diagnosed with sepsis due to an infection in the abdominal cavity. The patient later died as a result of the infection. Click title to continue reading...



Medical Peer Review Privilege Prevented Disclosure

A patient’s estate filed a wrongful death claim against a doctor. The complaint alleged that the doctor negligently treated the patient when the patient was in the hospital. When this case proceeded to discovery, the estate moved to compel the hospital (a non-party) to disclose documents related to the hospital’s decision to grant the doctor medical staff membership and complaints related to the doctor’s competency and credibility. Click title to continue reading...



Arbitrary Denial of Insurance Benefits; Radiculopathy-Nerve Pain

An employee sought treatment for a back injury. A physician diagnosed the employee with L3-L4 disc herniation, myofascial and neuropathic pain, and bilateral lumbar radiculitis. Radiculitis is pain radiated along a nerve due to inflammation or other irritation of the nerve root (radiculopathy) at the nerve’s connection to the spinal column. Click title to continue reading...


FEATURE


Choosing an Expert: Chiropractic Malpractice

As a special feature for our Premium subscribers, we have included this feature containing an illustrative list of questions to ask prospective experts to testify in an action for chiropractic malpractice. In this illustrative situation, a man sought treatment from a chiropractor due to a stiff neck. In the course of the chiropractic treatment, the man suffered a stroke, which left him partially paralyzed and unable to speak. The man sued the chiropractor for malpractice. Party identifying information has been redacted to protect privacy. Click title to continue reading...