Healthy Skepticism Library item: 9513

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

Leblang TR.
Defective Rx drugs
American Druggist 1990 Feb; 201:50

Abstract:

The pharmacist’s liability for consumer injuries which occur due to misuse of pharmaceutical products is discussed. It was noted that warnings and usage instructions are legally viewed as part of the total product package. If the instructions are defective, the product is considered defective. Pharmacists have been named as defendants in liability cases which involve inadequate manufacturer warnings or recommendations for use. Courts, however, have maintained that the manufacturer’s duty to warn about prescription drugs applies to the physician, who functions as a learned intermediary. Courts have been unwilling to apply the concept to pharmacists on the basis of inadequate warning.