Thankfully, their strategy to shift liability failed:
In a setback for drugmakers, the West Virginia Supreme Court of Appeals ruled that pharma can’t escape liability for harmful prescriptions by blaming problems on the docs. At issue is the notion of’learned intermediary,’ which says a doc presumably has enough info to make a prudent prescribing decision, absolving a drugmaker of any subsequent problem with a patient.
Related posts:
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- A federal judge in bed with Big Pharma
- Lawyer drug ads
- Michael Moore asks Pharma the wrong questions
- Most physicians report ties with Big Pharma
- Pharmacogenomics: "Physicians are the sitting ducks in this new class of litigation"
- Big Pharma, data-mining, and the AMA
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All of the benefits and none of the responsibility. Typical.
Don’t be absurd. The FDA eventually banned cisapride because doctors kept murdering their patients by willfully ignoring the prescribing instructions. Even a black box warning about QT interval prolongation, fatal arrythmia, and fatal drug interactions wasn’t enough to stop the patients dropping like flies.
If anything, the patients who desperately needed this drug ought to have a cause of tort action against the reckless doctors who ruined it for everyone else.
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