Medical Risk Law Weekly News

Week of: October 10, 2019


Lung Injury and Death Associated with E-Cigarette Use, Vaping

On September 26, 2019, the CDC announced that most of the people (77 percent) in an outbreak of lung injuries associated with e-cigarette use, or vaping, reported using THC-containing products, or both THC-containing products and nicotine-containing products. These findings suggested THC products played a role in the outbreak. Based on this data, the CDC recommended people consider refraining from use of e-cigarette or vaping products, particularly those containing THC. Click to continue reading.


First Drug for Pediatric Inflammation of Small Blood Vessels

On September 27, 2019, the FDA granted Genentech approval to market Rituxan (rituximab) injection to treat granulomatosis with polyangiitis (GPA) and microscopic polyangiitis (MPA) in children two years of age and older in combination with glucocorticoids (steroid hormones). It is the first approved treatment for children with these rare vasculitis diseases, in which a patient’s small blood vessels become inflamed, reducing the amount of blood that can flow through them. Inflamed small blood vessels can cause serious problems and damage to organs, most notably the lungs and the kidneys, and can impact the sinuses and skin. Click title to continue reading. 


Hospital Waiver; No Special Interrogatory for Damages by Claim; Patient Fall

A patient, who had been identified as a fall risk, underwent knee surgery. While recovering in the hospital’s postsurgical unit (PSU), the patient fell out of bed. Click title to continue reading. 

Qualified Protective Order Allowed Defense to Interview Plaintiffs’ Physicians

A doctor delivering an infant encountered shoulder dystocia. Shoulder dystocia is a mechanical problem occurring during a vaginal delivery characterized by failure to deliver the fetal shoulders. There are potential maternal and fetal consequences following shoulder dystocia. Maternal consequences include postpartum hemorrhage and an increased risk of third or fourth-degree lacerations. Certain additional delivery maneuvers needed to successfully deliver the baby are associated with significant maternal morbidity. Fetal consequences include fetal brachial plexus injuries, fetal clavicular or humeral fracture, Hypoxic Ischemic Encephalopathy syndrome, and even fetal death. Click title to continue reading.

Back Pain From Unnecessary Surgery Not Work-Related; Workers’ Compensation

An employee sustained an alleged work-related back injury. While lifting a large bookcase, the employee felt a “pop” in the lower back and experienced a burning sensation in one leg. The employee immediately reported the injury to the employer. Click title to continue reading.