Pharm companies sued because doctors misused drugs?

[Imported]

jurors weren't allowed to hear that reusing syringes on multiple patients and not following proper sterilizing procedures could also have spread the incurable liver disease

wtf? Why wouldn't that be allowed?

 

[sactoking]

Thanks for at least pointing out a quasi-rational argument. I have no idea if vial reuse is common (it seems to be par for the course according to Dr. Pizza) but yeah, I still don't see how the Doc's negligence gets transferred to the companies.

My guess, and it's just a guess, is that a comparable scenario would be this:

Apple remains as the only cell phone manufacturer in the United States; if you want a cell phone it's Apple or nothing. For several years Apple has sold it's cell phone and a hands-free earpiece (only the Apple earpiece is compatible). Recently, Apple stopped selling the hands-free earpiece in the US. US customers using Apple's phone are forced to hold the phone up to their ear to talk while driving, a practice that has been outlawed in all 50 states. As a result of Apple's product change, auto accidents in the US skyrocket as more drivers become distracted by holding their phones. Ultimately, each driver is personally responsible for the accident(s) they caused. A case could be made that Apple is also vicariously liable since the result of their action was readily forseeable and their action was not in the public interest.

 

[Slew Foot]

Im am Anesthesiologist who used to use the exact same 50cc vials of propofol doing the exact same cases that these guys got hosed for. YOU DO NOT USE THE SAME NEEDLE for more than one patient, thats completely asinine. The 50 cc bottles are great, it helps you draw up the meds faster and its safer than the small bottles that come in glass vials. Plus there were times where a single patient would need all of one or multiple vials. This judgment is full of shit, the drug companies DID NOTHING WRONG, and the fault should be placed on those distributing the drugs.

 

[sactoking]

Im am Anesthesiologist who used to use the exact same 50cc vials of propofol doing the exact same cases that these guys got hosed for. YOU DO NOT USE THE SAME NEEDLE for more than one patient, thats completely asinine. The 50 cc bottles are great, it helps you draw up the meds faster and its safer than the small bottles that come in glass vials. Plus there were times where a single patient would need all of one or multiple vials. This judgment is full of shit, the drug companies DID NOTHING WRONG, and the fault should be placed on those distributing the drugs.

I did a bit more research and in the Teva appeal to the Nevada Supreme Court for a separate but related lawsuit (the Chanin lawsuit) the plaintiffs allege that the practitioners did not use the same needle for more than one patient. Instead, the plaintiffs allege that the practitioner used a needle on a Hep C carrier, infecting the needle. That needle was then reinserted into the 50mL vial of propofol, contaminating the vial. The same needle was used a second time on the Hep C carrier. Chanin came in later and a clean needle was inserted into the contaminated 50mL vial of propofol then used on Chanin, infecting him.

The specific facts about the outbreak seem to be disputed with Teva maintaining that Chanin et al could only have been infected when the practitioners reused sterilizing liquid and not through the use of propofol as alleged. The Chanin case seemed to have some legitimate questions about procedure, which is why it was appealed to the Nevada Supreme Court (it waits on appeal there as Teva is contesting the settlements Chanin entered into with the practitioners and the practitioners filed bankruptcy, triggering a stay of the Supreme Court review).

I don't know the particulars of the instant case and whatnot, but under Wyeth v Levine the US Supreme Court ruled that pharma companies could be liable if their warning labels were deficient. It's possible that the Nevada jury relied upon Wyeth in their finding.

 

[OverVolt]

After reading the article it is probably related to the drug shortages. Propofol was in shortage for a time and they probably delivered 50ml vials instead of 10/20ml vials so they could continue doing business. They were probably out of 10/20ml vials and just sent whatever they had.