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Articles Posted in Judicial Decisions

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Understanding Failure to Warn Drug Disputes in Maryland

When you take a prescription drug, there are often numerous warnings and disclaimers that are included with the medication you are taking. Pharmaceutical drug manufacturers are often subject to labeling requirements and regulations that ensure consumers and their physicians are adequately warned about the potential risks of a medication. Thus,…

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Maryland Product Liability Claims Involving Medical Devices

Many people’s lives are saved by state-of-the-art medical devices. Those that suffer from health conditions requiring medical devices often rely not only on their doctor’s advice, but also on the manufacturers that design and construct these devices. However, too many patients suffer injuries as a result of defects in these…

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Maryland Pharmacies’ Failure to Warn Patients of Side Effects Can Result in Serious Injuries

When a patient picks up prescription medication from a pharmacy, they assume that the instructions given to them on the medication are correct, and that the medication won’t harm them. But unfortunately, far too many Maryland patients are harmed each year as a result of a pharmacy error. One common…

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Statutes of Limitations in Maryland Medical Malpractice Claims

When someone is injured because of someone else’s negligent actions, Maryland law allows the victim to seek monetary compensation from the responsible party. Victims of car or truck accidents, slip and fall cases, or medical malpractice, for example, can bring a Maryland personal injury claim. However, these personal injury cases…

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Statutes of Limitations in Maryland Pharmacy Error Cases

Maryland personal injury plaintiffs risk having their cases dismissed if they fail to file their claims within the applicable statute of limitations. In a recent case before a state appellate court, the court dismissed the pharmaceutical claim for failing to timely file a claim. The plaintiff had filed a lawsuit…

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Court Rejects Defendant’s Claim that Plaintiff’s Case Was Filed Too Late

After any Maryland pharmacy error, one of the first things to consider is when a claim must be filed. A plaintiff’s failure to file a lawsuit within the allowable time will likely result in the dismissal of the claim. In a recent decision in a pharmacy error case, the judge…

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$3 Million Judgement Against Pharmaceutical Company Reversed in Recent Failure-to-Warn Case

Maryland personal injury plaintiffs can bring failure-to-warn claims if a manufacturer fails to adequately warn consumers of a product’s risks. In one recent case against drug manufacturer GlaxoSmithKline, a patient alleged that the manufacturer failed to warn consumers of its association with suicide for certain patients. The Facts of the…

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Court Dismisses Claim Against Drug Manufacturer for Failure to Provide Medication Guide with Prescription

Plaintiffs have to be careful when it comes to filing a Maryland pharmacy error claim. A recent case shows how asserting the wrong claim in a case can result in the case’s dismissal. In that case, the plaintiff brought a claim against a drug manufacturer for allegedly causing her husband’s…

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Pharmacy Required to Inform Physician When a Prescription Requires Pre-Authorization

Recently, a state appellate court issued a very interesting and important opinion in a pharmacy error case discussing a pharmacist’s duty to inform a prescribing physician when a patient attempts to fill a prescription that required pre-authorization from the patient’s insurance company. Ultimately, the court held that pharmacies have a…

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