Healthy Skepticism Library item: 8342

Warning: This library includes all items relevant to health product marketing that we are aware of regardless of quality. Often we do not agree with all or part of the contents.

Publication type: Journal Article

Cacciatore GG.
Advertising, computers, and pharmacy liability: A Michigan court's decision has ramifications for pharmaceutical care
Journal of the American Pharmaceutical Association 1996 11; 36:651-654

Abstract:

The legal case in which a patient who had been taking tranylcypromine sulfate (Parnate) for depression experienced a stroke after receiving prescriptions from his physician for cefuroxime axetil (Ceftin) and clemastine fumarate in combination with phenylpropanolamine hydrochloride (Tavist-D) for a cold is described; the prescriptions were filled in a pharmacy chain that advertised that its computer system alerted pharmacists to any possible drug interactions. The Michigan Court of Appeals held that the failure to warn was actionable under the theories of negligence and fraud as well as under the Michigan Consumer Protection Act and that pharmacies may be held legally responsible for preventing harm when they represent themselves as being capable of doing so.

Arbor Drugs, Inc., advertised that its computer could detect dangerous drug interactions. A pharmacist failed to warn a patient accordingly and the patient suffered a stroke as a result of an interaction between tranylcypromine and a decongestant. The Michigan Court of Appeals held that this failure to warn was actionable under the theories of negligence and fraud as well as under the Michigan Consumer Protection Act. The court’s basic message is that pharmacies may be held legally responsible for preventing harm when they represent themselves as being capable of doing so.

Keywords:
Advertising/legislation & jurisprudence* Drug Interactions* Female Humans Jurisprudence* Male Michigan Monoamine Oxidase Inhibitors/contraindications* Pharmaceutical Services/legislation & jurisprudence* Tranylcypromine/contraindications*