The tug-of-war pitting patients against pharmaceutical companies against pharmacists selling competing compound drug mixtures to the public has lately gained greater urgency.
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MEDICAL MALPRACTICE LAW & STRATEGY
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Proctoring by experienced surgeons is a common and increasingly frequent method to credential surgeons for hospital privileges or those who are new to laproscopic or robotic procedures. But what are the legal pitfalls?
Six years ago, in Perez v. Wyeth Laboratories Inc., 161 N.J. 1 (1999), the New Jersey Supreme Court enunciated a novel exception to the learned intermediary doctrine intended to address the rise of direct-to-consumer (DTC) marketing of prescription pharmaceuticals. The learned intermediary doctrine is a common law principle, codified in many states, that shields prescription pharmaceutical manufacturers from liability for failing to warn consumers of the potential side-effects associated with their products as long as they have adequately warned prescribing physicians. The Perez court, however, held that when pharmaceutical companies employ DTC advertising, there is an additional duty to warn consumers of potential risks.
Thursday, June 6, 2013
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