Products Liability
| Pharmacists' Liability for Improperly Dispensing Prescription Drugs |
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| Only pharmacists are allowed to compound, package, label, and dispense drugs. In order to dispense a drug, the pharmacist needs a prescription from a physician or other licensed practitioner. The pharmacist exercises discretion in performing his/her job. This article discusses a pharmacist's liability for improperly dispensing prescription drugs. More... |
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| Intrauterine Device Litigation |
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| The intrauterine device (IUD) is a form of birth control that became popular in the 1960s. An IUD is a device that is inserted into a woman's body. It prevents a fertilized egg from implanting. More... |
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| The Cigarette Labeling and Advertising Act and |
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| The Cigarette Labeling and Advertising Act (CLAA) was passed by Congress in 1965 to make Americans more aware of the adverse health effects of smoking. The CLAA requires health warnings on cigarette packages. As amended by the Comprehensive Smoking Education Act, the CLAA requires cigarette packaging to contain one of four specific labels warning of the adverse health effects of cigarette smoking. Warning statements must also be included in newspaper, magazine, transit and outdoor advertising. Cigarette advertising is banned from radio and television.
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| Diet Drug Litigation - Fen-Phen |
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| It seemed like a miracle cure to many Americans battling obesity. "Fen-phen" -- a combination of the two diet drugs fenfluramine and phentermine -- was achieving great success in treating obesity. Both fenfluramine and phentermine had been approved by the U.S. Food and Drug Administration (FDA). However, the use of the drugs in combination had not been FDA-approved and was being used "off-label." When it was determined that fenfluramine was linked to heart-valve damage, manufacturers voluntarily removed the drug fenfluramine from the market upon recommendation to do so by the FDA. Phentermine is still on the market as there have been no studies linking that drug to heart valve damage. The FDA recommended that patients who took the combination phen-fen consult their physicians about having an echocardiogram to determine whether heart valve damages has occurred. More... |
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| Ultrahazardous Activity Doctrine |
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| The ultrahazardous activity doctrine imposes strict liability for damage proximately caused by one who carries on an "ultrahazardous" or "abnormally dangerous" activity. This means that even if the person performing the ultrahazardous or abnormally dangerous activity uses the utmost case, that person will still be held liable for any resulting damage. More... |
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