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Pharmacists’ Liability for Improperly Dispensing Prescription Drugs

A pharmacist has three basic duties: to store prescription drugs properly, to prepare prescription drugs properly, and to dispense prescription drugs correctly. If the dispensing pharmacist fails to perform any of these duties, he/she could be held liable if a patient experiences a drug-related injury. This article discusses pharmacists’ liability for the improper dispensing of prescription drugs.

Impact of Product Recalls

A product recall occurs when the manufacturer or a regulatory agency removes a product from the market or asks the public to return the product for corrective measures. Most product recalls relate to safety issues. A voluntary recall occurs when the manufacturer asks consumers to return the product or bring it in for repairs. A mandatory recall is a recall ordered by a regulatory agency pursuant to a law or regulation.

The Food and Drug Administration’s Oversight of Human Cloning Technology

In 1996, Dolly the sheep became the first large animal cloned from a bioengineered embryo that had been implanted in a ewe’s womb. It took 277 attempts before a viable lamb was born. Other animals have been cloned to date, but successful cloning has not occurred often and various abnormalities have been seen. In 1999, it was reported that DNA had been found in Dolly’s cells, which was typical of an older animal.

Litigation Involving Drug-Related Birth Defects

The Food and Drug Administration (FDA) began monitoring adverse drug reactions in 1961 after it was discovered that thalidomide (a drug used for nausea in pregnancy) caused severe birth defects. An adverse drug event (ADE) is an undesirable side effect experienced by a patient after taking a drug or using a medical device. Serious adverse events must be reported to the FDA, including birth defects, miscarriage, and stillbirths.

Breast Implant Litigation

Silicone breast implants were developed in the 1960s. They have been used for breast reconstruction (about 15 percent of implant procedures, as estimated by the U.S. Food and Drug Administration) and breast enhancement (about 85 percent of implant procedures, as estimated by the FDA).

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Recent Settlements

  • $7,000,000
    Toxic Contamination Injury

    Plaintiff brought an action that involved land contamination. Plaintiff's property had been contaminated due to the business operations of an adjoining landowner. Plaintiff received a binding arbitration award in excess of $7,000,000.

  • $14,000,000
    Work Site Accident

    Plaintiff was involved in a work site accident. Plaintiff was injured when a slab of marble fell on him. Plaintiff was able to obtain a settlement for $14,000,000.

  • $3,000,000+
    Forklift Injury

    Plaintiff brought an action against a forklift manufacturer under the theory of negligent maintenance and inspection. Plaintiff suffered serious injuries to his leg. Defendant refused to make any settlement offers until the eve of trial. At that time, Defendant offered only $150,000 to settle the case. Plaintiff received a jury verdict in excess of $3,000,000.

Recent Posts

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  • Overturned Trailer Unleashes Cattle on Alabama Highway
  • Honda Spare Tire Mislabeling Leads to Recall
  • Undeclared Presence of Sulfites Leads to Tremella Recall
  • Michael Foods Expands Recall of Eggs Exposed to Listeria
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