This is the very reason that medical costs in America have escalated the way they have for the past 20-25 years. The attitude of Americans suing for anything they can think of encourages doctors to practice defensive medicine, raises their costs, raise the cost of R&D, and inevitably raise the costs of medical insurance.
If we become able to sue drug manufacturers after the FDA has approved the labeling of a product the maker will only be encouraged to raise the cost of the drug which is in turn passed on to the public. As a result your insurance costs, because of higher drug and other medical related costs, will also increase.
In the case of Dennis Quaid, what happened to his children is unfortunate, and an outrage, however, who determines if a label is confusing? The one impacted by the faulty use or the one who administers the drug? I think Quaid’s comments are a little far fetched when he calls the American public lab rats. If the drug was able to make it past the 3 phases of FDA approval it probably doesn’t make us lab rats.
…as part of newspaper article in the Chicago Sun Times. Two containers of the drug were pictured and it was clear to me that they were different. The size of the print on the bottles was different; the milligrams for each dose was clearly labled and even though a black and white photo, I was able to tell the labeling was at least two different shades of ink (perhaps different colors too??). It seemed that if you took the time to look, you could tell which bottle had the higher dosage…if you were in a hurry, mistakes do happen.
This is a case of Medical Malpractice not Product Liability. Why should the drug company have to pay for some nurse who didn’t take one extra second to confirm that what she was about to give two newborns wouldn’t kill them. It’s called training and personal accountability. I bet this happens all the time but the effects simply aren’t as dramatic. Scary.
While we are at it, why don’t we sue the parents of the injured party for having them and placing them in harms way. Then we can further sue the gradparents for participation by having the parents of the injured party. Then we can sue the owner of the place (i.e. school, bar) where the parents first met. Then let’s sue the church where they got married in and the priest who married them.
Next we will need to sue the hospital where the parents of the injured person gave birth and the doctor who participated in the birthing process as a willing accomplice.
This is a straight up med dosage error by the pediatric nurse and/or the hospital pharmacy who sent the dose up to the floor. The usual causes are over-work / fatigue / short staffed / multi-tasking.
yes, the hospital’s carrier should respond – but – note there was no injury and no evident sequelae….essentially, it is the classic ‘I could have been killed – yes, but you weren’t killed” scenario. Denis and his wife are mad as hell and someone is going to be punished for scaring them so badly.
Well who ever has not made a mistake should raise their hands. Come on people we all at one point made a mistake at the office/house/etc., someone sue me because of it. This is what we are doing here. They might as well join the Vioxx people
This is the very reason that medical costs in America have escalated the way they have for the past 20-25 years. The attitude of Americans suing for anything they can think of encourages doctors to practice defensive medicine, raises their costs, raise the cost of R&D, and inevitably raise the costs of medical insurance.
If we become able to sue drug manufacturers after the FDA has approved the labeling of a product the maker will only be encouraged to raise the cost of the drug which is in turn passed on to the public. As a result your insurance costs, because of higher drug and other medical related costs, will also increase.
In the case of Dennis Quaid, what happened to his children is unfortunate, and an outrage, however, who determines if a label is confusing? The one impacted by the faulty use or the one who administers the drug? I think Quaid’s comments are a little far fetched when he calls the American public lab rats. If the drug was able to make it past the 3 phases of FDA approval it probably doesn’t make us lab rats.
…as part of newspaper article in the Chicago Sun Times. Two containers of the drug were pictured and it was clear to me that they were different. The size of the print on the bottles was different; the milligrams for each dose was clearly labled and even though a black and white photo, I was able to tell the labeling was at least two different shades of ink (perhaps different colors too??). It seemed that if you took the time to look, you could tell which bottle had the higher dosage…if you were in a hurry, mistakes do happen.
This is a case of Medical Malpractice not Product Liability. Why should the drug company have to pay for some nurse who didn’t take one extra second to confirm that what she was about to give two newborns wouldn’t kill them. It’s called training and personal accountability. I bet this happens all the time but the effects simply aren’t as dramatic. Scary.
You’re right Broker, but we all know this isn’t about making medicine safer – it’s about being able to sue any deep pockets you can find.
This case is different, as Broker pointed out the real party at fault would seem to be the party that gave the inappropriate dose.
The issue at hand is the administration’s right to basically shield a lot of products and industries from product liability.
I don’t think a party should be prohibited from bringing a products suit essentially because a beaurocratic organization says so.
Read IJ’s article on this dated today.
I think the chick from the RI / White Snake Fire is also on the band wagon…
While we are at it, why don’t we sue the parents of the injured party for having them and placing them in harms way. Then we can further sue the gradparents for participation by having the parents of the injured party. Then we can sue the owner of the place (i.e. school, bar) where the parents first met. Then let’s sue the church where they got married in and the priest who married them.
Next we will need to sue the hospital where the parents of the injured person gave birth and the doctor who participated in the birthing process as a willing accomplice.
This is a straight up med dosage error by the pediatric nurse and/or the hospital pharmacy who sent the dose up to the floor. The usual causes are over-work / fatigue / short staffed / multi-tasking.
yes, the hospital’s carrier should respond – but – note there was no injury and no evident sequelae….essentially, it is the classic ‘I could have been killed – yes, but you weren’t killed” scenario. Denis and his wife are mad as hell and someone is going to be punished for scaring them so badly.
Well who ever has not made a mistake should raise their hands. Come on people we all at one point made a mistake at the office/house/etc., someone sue me because of it. This is what we are doing here. They might as well join the Vioxx people
Quaid = total dick + mean, mediocre and full of entitlement. I hope he loses this “battle”.