An Arizona appeals court on Tuesday revived a lawsuit alleging a urologist negligently prescribed an antibiotic that caused harmful side effects to a patient, saying medical expert testimony was not required because the U.S. Food and Drug Administration issued a “black box” warning about the drug.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1680721?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-05-24&nlsidx=0&nlaidx=5?copied=1

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Today, an artificial intelligence firm made a curious offer for any lawyer or person with a case coming up at the Supreme Court to allow an AI to feed them lines, promising anyone who goes through with it will receive $1 million in return.

Here is the story of the company trying to eliminate lawyers and judges with artificial intelligence,

AI Company Offers $1 Million For Robot Lawyer To Argue Before The U.S. Supreme Court

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A link to the NEJM article on the Mayo / Medtronic study is below:

Efficacy and Safety of an Extravascular Implantable Cardioverter–Defibrillator

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wdeft Practice Area: Product Liability

Product liability applies to over the counter medicines like Tylenol as well as prescribed pharmaceuticals. Here is a story on a recent OTC laxative recall.

Vi-Jon issued a recall a few weeks ago for various laxative products, warning that the drugs might have been contaminated with bacteria. The company then expanded the recall a few days ago to include 63 different types of laxatives that were available from various pharmacies.

New drug recall: 67 medicines might be contaminated

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The system for getting donated kidneys, livers and hearts to desperately ill patients relies on out-of-date technology thathas crashed for hours at a time and has never been audited by federal officials for security weaknesses or other serious flaws, according to a confidential government review obtained by The Washington Post.

If you ever wondered, yeah, that list is subject to the same problems inherent in all things subjected to human nature. Here is the link.

Thousands of lives depend on a transplant network in need of ‘vast restructuring’

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“The Lazarus Phenomenon” describes the spontaneous return of electrical heart function and circulation after CPR (often abbreviated in a medical record as ROSC). It was first described in 1982 when I was in college. The concept wasn’t refined by Bray until 1993 – when I’d already been litigating for five years.

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This study in the stroke context suggests we have a lot of work to do in making rehab more effective. The analysis would seem to apply in any setting, from car accident victims to brain-damaged babies.

Patients should have the opportunity to demonstrate rehabilitation potential by participation in therapy. As therapy resources are limited and responses to therapy may be context-dependent, early decisions about a lack of potential should not limit longer-term opportunities for rehabilitation.

Here is the link.

What is rehabilitation potential? Development of a theoretical model through the accounts of healthcare professionals working in stroke rehabilitation services

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Justice Thomas and Shadow Docket Abuse

By nonetheless granting relief, the Court goes astray. It provides a stay pending appeal, and thus signals its view of the merits, even though the applicants have failed to make the irreparable harm showing we have traditionally required. That renders the Court’s emergency docket not for emergencies at all. The docket becomes only another place for merits determinations—except made without full briefing and argument.

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Specialty services were not available for weeks and required a three-hour drive (each way). We got that consultation done Monday and the MRI helped us identify a bone infection that can be cleared up with a long course of antibiotics. Along with temporary prednisone, this has Eddy back on his feet. We are expecting a full recovery. He’s 12 and the high cost of all this care will be well worth it. I watched him resting comfortably at my feet this morning for the first time in almost a month and it made me feel tremendously blessed.

Also, it felt good to get out of town … Chuck Taylors and out of my own head for a few hours … and away from work. Contributing to the wellness of someone beloved in your family is a privilege, not a burden.

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Communication breakdown / Its always the same

As the federal fraud trial against Theranos’ Elizabeth Holmes winds down, her lawyer argued a “fundamental disconnect” in the evidence. The charges revolve around Theranos’ blood testing devices. Holmes is charged with deliberately misleading investors from whom Theranos put together $700 Million in capital regarding the technology’s capability.

Downey told the jury that the government’s fixation on the shortcomings of early versions of the devices misses the point that Holmes was courting investors who were looking to hold onto shares for five or 10 years by telling them what she aspired to accomplish when the machines were fully developed.

“She believed she was building a technology that would change the world,” Downey said, adding that she’d sacrificed her youth, friends and family relationships to make Theranos successful.

Words matter. They matter when corporate officers are chasing higher stock prices. And they matter in a courtroom. Theranos’ technology never lived up to the hype, but that by itself doesn’t decide Elizabeth Holmes’ journey from the penthouse to the pavement.

In February 2015, a Stanford professor wrote in the Journal of the American Medical Association that Theranos had no published peer-reviewed reports on its technology – a rarity for companies with similar breakthroughs. In October 2015, The Wall Street Journal reported that Theranos was running tests on traditional blood testing machines because the company’s Edison machines provided inaccurate results. A 60 Minutes investigative piece on the growing controversy followed – an ominous harbinger.

Artists on the edge of a stage are trying to communicate with their audience. It doesn’t always work. Art either rings true, or it does not. I’d argue that it seldom works at best. But there are moments where the veil drops – the thin tissue separating the art from the audience. It can fall when the words are right. Holmes’ lawyers and the Prosecution will try to pierce that veil to reach an understanding with the jury.

As with all trials, one side will have a communication breakdown.

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