So if the FDA comes out with a warning on a medication, or the medication has been withdrawn, who is supposed to tell you – the consumer?

Well, some would argue that as an involved consumer, you should be proactive in your healthcare and investigate whether your medications are still on the market, etc.

The FDA posts warnings on their website at where you can look up each medication by name.

But not everyone has internet – and the press doesn’t always over FDA actions.

Well, the Utah Supreme Court recently ruled that your pharmacist had a duty to warn patients that drugs have been withdrawn. In fact, the court held the pharmacist may even be liable for damages that resulted from a failure to warn. Not suprisingly, an Alabama state court ruled exactly the opposite.

So while I would hope (1) your doctor and (2) your phramacist would know that a drug has been removed from the market by the FDA – I wouldn’t count on it. Nor would I count holding them responsible as states disagree as to their level of duty and responsibility.

Lauren Ellerman
Lauren Ellerman

In 2011, Lauren Ellerman was named "Young Lawyer of the Year" by the Roanoke Bar Association for her work in the community. To speak with Lauren about your personal injury case, contact her at lellerman@frithlawfirm.com.