DES Litigation

DES (diethylstilbestrol) was prescribed for pregnant women during the 1950s and 1960s to help prevent miscarriages and premature deliveries. Research performed in 1958 concluded that DES did not help to prevent miscarriages or premature births. Nevertheless, physicians continued to prescribe the drug. According to the U.S. Centers for Disease Control and Prevention, an estimated 5 to 10 million people in the United States alone were exposed to DES from 1938 to 1971. This includes pregnant women and their children. A 1971 study indicated that DES was a cause of a rare vaginal cancer in girls and young women who had been exposed to DES before birth. As a result of this study, the U.S. Food and Drug Administration advised physicians in 1971 to stop prescribing DES. Nevertheless, the damage had been done.

Thimerosal Litigation

Thimerosal is a preservative added to prevent contamination in vaccines. It is nearly half mercury by weight. According to a 1998 study by the Center for Biologics and Research (CBER) of the U.S. Food and Drug Administration (FDA), thimerosal was present in at least 30 licensed vaccines in the United States.

Admissibility of Evidence of Prior Accidents in Product Liability Actions

Admissibility of Evidence of Prior Accidents in Product Liability Actions

Punitive Damages in Products Liability Lawsuits

In the context of products liability litigation, damages means a monetary award to compensate an injured person for medical expenses, lost wages, and the pain and suffering associated with the injury. In addition, the courts can award punitive damages, also called exemplary damages. Punitive damages are awarded to punish the manufacturer or seller that caused the injury when the court finds that the misconduct of the manufacturer or the seller was outrageous. The courts try to deter similar conduct in the future by awarding punitive damages. Punitive damages are aimed at deterrence and retribution.

Pharmacists' Liability for Negligently Refilling a Prescription

A pharmacist is responsible for storing, preparing, and dispensing prescription drugs properly. If the dispensing pharmacist fails to perform any of these duties, he/she could be held liable for any drug-related injury to a patient. This article discusses a pharmacist's liability for negligently refilling a prescription.