Under Maryland product liability law, the manufacturer of a product has a duty to ensure that the product does not present any unreasonable risk of harm to the consumer when the product is used for its intended purpose. Additionally, product liability law also generally applies a blanket of strict liability…
Prescription errors can have lasting effects for Maryland patients. In a recent case, the parents of a two-month-old child brought a lawsuit against a doctor, alleging that the doctor improperly treated their child with the drug Reglan. According to the court’s opinion, the child was referred to the pediatric gastroenterologist…
Maryland pharmacy errors occur far more often than most believe. In fact, it is estimated that upwards of five percent of all prescriptions filled contain some error. Of course, most of these errors are caught before a patient ingests the medication. However, some Maryland pharmacy errors can cause serious side…
Earlier this month, an appellate court in Utah issued a written opinion in a personal injury case presenting an issue that often arises in Maryland pharmacy error and medical malpractice cases. The issue was whether the plaintiff’s expert’s testimony should be excluded from evidence because it was late-filed, and if…
Earlier this month, a federal appellate court issued a written opinion in a product liability case brought against the manufacturer of Zoloft, alleging that the medication causes birth defects. The court’s decision reviewed a lower court’s decision to prevent the plaintiffs’ expert witness from testifying. Ultimately, the court concluded that…
Earlier last month, an appellate court in Tennessee issued a written opinion in a case involving the death of a man who had overdosed on prescription medication. The court ultimately determined that the patient’s death was attributable to his own actions. The case was presented to the court as a…
The Supreme Court of Alabama recently released an opinion granting the appellant’s request for the state’s high court to intervene in the case and compel the trial judge to dismiss the plaintiff’s claim as time-barred. The statute of limitations for the plaintiff’s claim had expired shortly before the defendant’s motion…
Earlier this month, a court in Nevada heard a case involving an interesting legal issue that has recently come up in courts across the nation. In the case, Burton v. Walgreen, the issue was whether a pharmacy had a duty to preserve evidence of an error made by one of…
Earlier this month, the Sixth Circuit Court of Appeals decided a case reinforcing the laws surrounding whom the manufacturer of a medication must warn about the potentially dangerous side effects of the medication. In the case, Yates v. Ortho-McNeil-Janssen Pharma., Inc., the Court ultimately determined that the duty to warn…
Earlier this year, the Supreme Court of Texas affirmed the dismissal of a woman’s case after she failed to provide the requisite expert opinion supporting her claim within the required time period. In the case of Randol Mill Pharmacy v. Miller, the court determined that the a claim alleging negligence…