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Old 03-06-2009, 12:03 PM   #21
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Originally Posted by jug View Post
I got messed up by a capsule (pamelor) script for maintenance a few years back. I always filled this antidepressant at the same local pharmacy, no side effects, everything ok for many years.

Until I started feeling very weird, disoriented, dizzy, about to pass out, etc. Couldn't figure out what was wrong, so went by trial and error, suspecting it was my drug. I took the new script I had to another pharmacy, filled it, then simply took the pamelor as prescribed, symptoms went away within a few days. Thus something was wrong with old script.

I contacted FDA field office, gave them lot and box number of script and told them to go to pharmacy to check it out. I was too embarrassed to go back there and started with another pharmacy.

FDA did nothing. I contacted them a year later, they found file under pile of other files and did investigation, nothing happened. From what someone told me, it was either an outdated drug, a tainted drug or who the hell knows what they put in the capsule.

Bottom line is that FDA is not your watchdog, you can easily be poisoned, and I have no idea whatsoever what I was ingesting, and what damage I may even have due this fiasco.

Jug

Or if you got fake drugs....
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Old 03-06-2009, 07:30 PM   #22
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Thanks for the legal slice and dice. So what you're saying is, the SC decided to not intervene in the lawsuit that was brought in a particular state, and the plaintiff could therefore proceed with a negligence claim under state law.

I understand what you said about the SC case not being directly about medical liability but, by allowing the plaintiff to proceed under their state law, doesn't that set a precedent for other similar lawsuits in other states? If so, isn't this tantamount to a medical liability ruling?
As you correctly note, the case has the practical effect of making it easier to sue drug companies for alleged failures to warn. If the decision had gone the other way, drug companies would have a safe harbor so long as they get FDA approval for their labels. I sympathize with their predicament -- it is far easier to meet a single nationwide labeling standard than to predict what a state court jury will find to be inadequate. But that assumes the FDA is more than a rubber-stamp.
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Old 03-07-2009, 03:08 AM   #23
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Why should there be any hard limitations on suing drug companies at all? The plaintiff can't win or settle unless they can show the drug company harmed them. Judges toss out frivolous suits before they go to trial; their judgement should be better than an arbitrary rule like "you can't sue unless it's about something on the label".
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Old 03-10-2009, 05:39 AM   #24
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Why should there be any hard limitations on suing drug companies at all? The plaintiff can't win or settle unless they can show the drug company harmed them. Judges toss out frivolous suits before they go to trial; their judgement should be better than an arbitrary rule like "you can't sue unless it's about something on the label".
Free,

Please define "frivolous".

I renew my request that you look at a step ladder. If you can read the warnings and not laugh, I'll concede your point. Let me know when you get back from Home Depot
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