The journalists at Medpage Today published a compelling account today about how powerful pharmaceutical companies put children at risk with dangerous drugs. The drug that was the subject of this investigation, Advair, has been linked to numerous deaths. Further, its safety has not been proven in a pediatric population. Nonetheless, the widescale promotion of the drug for treatment of asthma in kids has occurred. You can read more here: http://www.medpagetoday.com/AllergyImmunology/Asthma/36000
The manipulative nature of these industry practices poses a problem for medical negligence attorneys. As the Medpage Today article points out, physicians with industry ties infiltrated policymaking groups and voted for guidelines that favor use of Advair. Despite their conflicts-of-interest, the industry plants succeeded in establishing guidelines that affect other physicians’ decisionmaking and prescribing patterns. So, when Advair is given to children who should be prescribed another, safer asthma treatment, and death results, the treating physician may be able to hide behind the bogus professional recommendations.
Drugs are frequently more deadly for children than adults because children may not possess reserves necessary to overcome life threatening doses of medications. Sadly, pharmaceutical companies stand to make millions and sometimes billions (as in the case of Advair), so incentives remain high to push bad medicines at all costs. When profits are valued over people, no one is safe, not even our children.
In some cases, a product liability claim may exist under Ohio law when dangerous drugs result in the wrongful death of a child. In other cases, it may be a question of medical malpractice or pharmacy liability, depending upon the facts of the case.