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SPECIALTY LAW - xxx, 2005 Health Care

Cases summarized in the xxx, 2005 issue of
Specialty Law Digest: Health Care.

DRUGS, MEDICINES, DEVICES AND PRODUCTS


anesthesia machines -- hospital had duty, when faced with cardiac arrest for no apparent reason, to identify and sequester anesthesia equipment until it investigated and determined whether equipment was factor in cardiac arrest and oxygen deprivation. Banks v. Sunrise Hosp. (Nev. 2004), No. 38801

Ativan -- physician could not be liable for battery because he did not intentionally violate condition on consent while treating infant plaintiff. Piedra v. Dugan (Cal.App. 2004), 21 Cal.Rptr.3d 36

drugs -- physician could not be liable for battery because he did not intentionally violate condition on consent while treating infant plaintiff. Piedra v. Dugan (Cal.App. 2004), 21 Cal.Rptr.3d 36

-- trial court abused its discretion in certifying statewide class of individuals asserting injuries allegedly arising from use of painkiller OxyContin. Howland v. Purdue Pharma L.P. (Ohio 2004), 821 N.E.2d 141

gauze pads -- error to instruct jury of per se liability on part of physician for failure to remove foreign object from patient's body. Houserman v. Garrett (Ala. 2004), No. 1030587

Kerlix gauze pads -- error to instruct jury of per se liability on part of physician for failure to remove foreign object from patient's body. Houserman v. Garrett (Ala. 2004), No. 1030587

Narkomed II anesthesia machines -- hospital had duty, when faced with cardiac arrest for no apparent reason, to identify and sequester anesthesia equipment until it investigated and determined whether equipment was factor in cardiac arrest and oxygen deprivation. Banks v. Sunrise Hosp. (Nev. 2004), No. 38801

oral contraceptives -- plaintiff had presented expert evidence that Tegretol prescription reduced efficacy of plaintiff's oral contraceptives. Dubois v. Haykal (Tenn.App. 2004), No. W2003-01549-COA-R3-CV

OxyContin -- trial court abused its discretion in certifying statewide class of individuals asserting injuries allegedly arising from use of painkiller OxyContin. Howland v. Purdue Pharma L.P. (Ohio 2004), 821 N.E.2d 141

prescription drugs -- trial court abused its discretion in certifying statewide class of individuals asserting injuries allegedly arising from use of painkiller OxyContin. Howland v. Purdue Pharma L.P. (Ohio 2004), 821 N.E.2d 141

Tegretol -- plaintiff had presented expert evidence that Tegretol prescription reduced efficacy of plaintiff's oral contraceptives. Dubois v. Haykal (Tenn.App. 2004), No. W2003-01549-COA-R3-CV

wheelchairs -- plaintiff's claim that hospital failed to repair wheelchair and failed to insure that it was in proper working order before returning it to service was not claim "based on health care or professional services rendered, or which should have been rendered, by a health care provider." Williamson v. Hospital Svc. Dist. No. 1 of Jefferson (La. 2004), No. 2004-C-0451



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