Court Says Pharmacists Need Not Warn of Side Effects
With this information in mind, remember this…it’s YOUR body and the ultimate responsibility lies with you. Doctors are human, too and can make mistakes or make poor judgement calls. You and your doctor should work as a TEAM, with the ultimate goal of your own ideal health.
Pharmacists do not have a legal duty to warn customers of potentially adverse reactions to prescription drugs, a Texas appeals court ruled last week. The decision overturns a verdict in a case involving the death of a boy who died after taking the antidepressant desipramine. His family sued Wal-Mart Stores Inc., charging their son’s death was caused by an adverse reaction to the drug, which is not recommended for use in children. Based on a jury verdict that Wal-Mart was partially responsible for failing to properly warn of the potential side effects of the drug, a trial court assessed damages of just over $1 million. In overturning the ruling, the state appeals court said that no Texas law imposes an obligation to warn patients of a drug’s potential side effects. Nationally, a majority of courts have held that a pharmacist is under no obligation to warn customers of potentially harmful side effects, the court noted. The exceptions, it said, have been in cases where there are contraindications, suggesting a potential problem with a drug.