Under Massachusetts law, a pharmacist or druggist who misfills a prescription can be held liable in a pharmaceutical negligence suit. In such cases, the plaintiff has the burden of proof, and several procedural requirements must be met in order for the plaintiff to prevail. If you or someone in your family has been hurt by…
Continue reading ›According to studies, about two out of three Americans take at least one prescription drug. To get their medications, most patients must visit a pharmacy at least once a month. What happens when there is a problem with the paperwork that would normally allow the patient to receive the medicine in a timely fashion? In…
Continue reading ›The United States Supreme Court has two basic types of jurisdiction: original and appellate. “Original jurisdiction” refers to cases over which the Court may hold a trial and render a judgment based upon the facts and the law. By contrast, “appellate jurisdiction” is the power of a court to review and, if warranted, revise decisions…
Continue reading ›Product liability cases can run the gamut from household items to automobiles to medical devices and drugs. One particular drug, an antidepressant manufactured by Forest Pharmaceuticals and commonly known as “Lexapro,” recently came under fire in the case of Marcus v. Forest Pharmaceuticals, Inc. Lexapro, which belongs to a class of antidepressants known as “selective…
Continue reading ›One of the fundamentals of negligence law, which applies in personal injury litigation such as medical malpractice cases, is the requirement that the defendant in the case owed a legal duty to the plaintiff. Sometimes, the duty is obvious, such as in car accident cases in which drivers owe one another a duty to exercise…
Continue reading ›Dozens of new product liability cases have recently been filed in the U.S. District Court for the District of Massachusetts against the manufacturer of the dialysis drugs GranuFlo and NaturaLyte, bringing the number to over 2,000 in the District of Massachusetts alone. Other suits are also pending in other courts across the country. The plaintiffs…
Continue reading ›On October 26, several law enforcement agencies in the Cape hosted the National Prescription Drug Take-Back Day. The Cape Cod Times reported that fourteen towns took part in the event to help rid localities of potentially dangerous prescription drugs. The National Drug Take-Back Day, which is sponsored by the U.S. Department of Justice Drug Enforcement…
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