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“It’s a rather novel theory of liability,” said William Fassett, professor of pharmacy law at the Washington State University College of Pharmacy in Spokane, Wash.
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“It’s a rather novel theory of liability,” said William Fassett, professor of pharmacy law at the Washington State University College of Pharmacy in Spokane, Wash. After presiding over a seven-hour hearing Feb.
Conte.” In an effort to permit community pharmacies to negotiate better contracts, Reps. “This is completely new legal territory. Aurbach said the case is believed to be the first of its kind in the nation, claiming that pharmacies have a duty to take action where there is “drug-seeking behavior.
A lower court dismissed pharmacists, Wal-Mart, and various other large drug retailers from a case involving a woman who caused a death while under the influence of prescription drugs. Conte was exposed,” said pharmacy law specialist and legal author Karen Gibbs, a partner in Crowell & Moring LLP in Orange County, Calif. “Across the country, Americans who cannot afford name-brand biologics have been left with no alternatives to their high prices for decades.
“I am troubled by the idea that a brand-name manufacturer could be held liable for a generic product,” said San Francisco attorney Jonathan Klein, a partner in Kelly, Herlihy & Klein, LLP. “If evidence of the black box warning makes it to the jury, the jury will need to consider this new evidence in light of the larger company and regulatory record regarding the safety of this drug and the issue of the adequacy of the warnings on the label for the product sold to Ms.