A number of lawsuits have been filed against pharmaceutical companies in the U.S. alleging negligence, strict liability, and even intentional harm. Many current lawsuits involve the manufacture, marketing and prescription of opioids. Other lawsuits involve drugs which when developed appeared to be safe but in later years were found to cause serious medical problems such as cancer. Now, drug companies have created new drugs to treat Covid-19, with unknown long-term effects.

(1) What should be the legal liability standard for pharmaceutical companies if they develop a drug that is approved by the appropriate government agencies, i.e., FDA, CDC, etc., as safe and the drug is later found to cause serious medical problems?

(2) Should patients who later develop medical problems have to prove negligence by the pharmaceutical company or should it be a matter of strict liability?

(3) Should the same standard in #2 above apply to doctors who prescribed the drug? Do you agree with the recent US Supreme Court decision below?

Please only use these referenced videos and articles:

www.cbsnews.com/news/johnson-johnson-opioid-verdict-company-found-guilty-in-oklahoma-by-district-judge-in-opioid-abuse-lawsuit/

www.finance.yahoo.com/news/states-reject-18b-offer-drug-155312852.html?guccounter=1

www.reuters.com/legal/litigation/opioids-earplugs-weedkillers-product-liability-cases-watch-2022-2022-01-03/

www.statnews.com/2022/06/27/supreme-court-rules-that-doctors-need-to-knowingly-misprescribe-opioids-for-it-to-be-a-crime/

Answer rating: 100% (QA)

1 The legal liability standard for pharmaceutical companies should consider both the approval ... View the full answer