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Practice Tip: Will the Real Drug Manufacturer Please Stand Up?

By Frank Fazio and Sarina D. Rivera

You are defending a manufacturer in a pharmaceutical product liability action. The plaintiff has testified that she obtained a prescription from her doctor for your client's medication and filled it at a reputable, national chain pharmacy. The doctor's records confirm that the prescription was written and the pharmacy records confirm that it was filled with your client's product. Normally, that scenario would dispel any doubts concerning the adequacy of product identification and you would identify other fronts on which to defend.

Never judge a book by its cover, or the contents of a bottle of prescription drug medication by its label.

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