A series of drug liability cases out of Nevada should make clinics throughout the United States, including Louisiana facilities, wary of a practice that juries have strongly disapproved of, as evidenced by the staggeringly high damage amounts they are assessing against pharmaceutical defendants.
That practice is the delivery to clinics and other medical facilities of unduly large vials of anesthetics, which encourages clinical staff to reuse product on multiple patients rather than discard after each procedure. The risk: Blood-borne contamination and disease that is spread from patient to patient.
That is precisely what has happened in a number of instances in Nevada clinics, where large amounts of the anesthetic propofol have been delivered. In several recent trials, plaintiffs have received large damage awards by juries finding that they contracted hepatitis C from reused vials.
The amounts awarded are truly eye-opening. In one case, a jury award of $500 million was announced in favor of a school headmaster who contracted hepatitis C. The defendants in that case were Teva Parenteral Medicines and Baxter Healthcare Corp. In another matter, drug distributor McKesson Corp. was assigned liability of nearly $183 million awarded to five plaintiffs.
Most recently, a retired Air Force sergeant who acquired hepatitis C following a colonoscopy was awarded $104 million. Teva and Baxter were also the defendants in that case; together, they were ordered to pay $90 million in punitive damages.
Drug injuries can bring about devastating consequences. If you have been injured by a drug, medical device or treatment procedure, contact an experienced Louisiana personal injury attorney for answers and diligent representation of your legal matter.
Source: ABC News, "Jury awards couple $104m in Vegas hepatitis case" Oct. 13, 2011
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