Category Archives: Defective Drugs
When you walk into a pharmacy to pick up medication, you expect that what they are giving you is the right drug. Pharmacies carry thousands of prescription drugs, many with serious side effects. So, if you receive the wrong drug, as a Louisiana family recently alleged, there is a potential for life-threatening consequences. Parents are suing a Walgreens Pharmacy at West Jefferson Medical Center and Walgreen Louisiana Company Inc. for giving their child the wrong medication. The claim states that the plaintiffs bought the prescription from the defendants for a minor child on March 14, 2016. Due to the pharmacy allegedly dispensing the wrong medication, the child suffered life-threatening reactions. The plaintiffs are accusing the defendants of negligence for failure to warn of the potential dangers of the drug they gave out, failure to properly fill the prescription and overall negligence. Prescription Error Statistics According to Patient Safety Network, clinicians…
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One of the primary tenets of products liability law is that a supplier of goods has a duty to warn consumers of any possible dangers of using their products. The most common way manufacturers choose to do so is through warning labels. Whether a warning on a product is adequate in fulfilling this duty is subjective. There are, however, certain questions that courts seem to consider when determining if a product merited a warning label. How to Determine if a Warning on a Product is Required Is it a dangerous product when used as intended? A manufacturer will generally have to include a warning if they are aware of their product’s danger, this danger is common during its intended use, and many users would not automatically be aware of this danger. These requirements are obviously open to some degree of interpretation, but they provide some basic scaffolding from which to…
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A jury in Texas has ruled that Johnson and Johnson must pay $1.4 billion for issues relating to a dangerous product defect. According to the case, metal debris from the company’s hip implant can enter the blood stream and cause serious complications such as metal poisoning, neurological issues and even death. As far back as 2013, the FDA warned patients about the dangers of these types of implants. Most companies, including Johnson and Johnson, have since recalled the products, but this does not mean that victims have stopped holding them accountable for the damages. The biggest result of the recent lawsuit was not that Johnsons and Johnson merely lost the case; it was that the jury determined that leadership had known about the issue. The court awarded $30 million in damages to the plaintiffs. The rest of the $1.4 billion payment was in punitive damages for the company’s bad behavior….
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