| Pharmacists' Liability for Negligently Refilling a Prescription |
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| A pharmacist is responsible for storing, preparing, and dispensing prescription drugs properly. If the dispensing pharmacist fails to perform any of these duties, he/she could be held liable for any drug-related injury to a patient. This article discusses a pharmacist's liability for negligently refilling a prescription.
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| Poison Prevention Packaging Act |
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| The Poison Prevention Packaging Act (Act) was passed to prevent unintentional child poisonings. The Act requires special packaging to protect children from injury or illness as a result of handling, using, or ingesting certain drugs and household substances. The Act requires child-resistant packaging for such products. A child-resistant package is one that is significantly difficult for children under the age of five to open. More... |
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| Criminal Sanctions against Companies for Defrauding the Government and Selling Adulterated Foods and Drugs |
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| Federal law prohibits a company, its officers, or its management from making false statements to the federal government or defrauding the government. In addition, various laws allow federal agencies to ask the U.S. Attorney General to bring criminal prosecutions against companies, their officers, or their management. More... |
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| Physicians' Liability for Drug-Related Injuries Resulting from Off-Label Use |
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| The U.S. Food and Drug Administration (FDA) regulates prescription drugs and medical devices. Physicians frequently prescribe approved drugs for uses that have not been approved by the FDA. This practice is referred to as off-label use. The FDA prohibits manufacturers from promoting off-label use. However, manufacturers indirectly promote the off-label use of their products in a variety of ways. More... |
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| Intermediaries' Liability for Distributing Drugs and Medical Devices |
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| As a general rule, intermediaries (retailers, distributors, or wholesalers involved in distributing drugs and medical devices) have the same liability for a drug or medical device as the drug company that manufactured the product. Intermediaries that merely distribute the product can generally avoid liability, but distributors whose only activity involved unwrapping and rewrapping the products for sale to the retailer have been held liable. Some states have laws that prevent non-manufacturers from being held liable for injuries caused by defective products.
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