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FALLING THRU THE REGULATORY CRACKS: COMPOUNDING PHARMACIES

Compounding pharmacies are facilities where pharmacists and technicians prepare special pharmaceutical compounds for patients with unique needs.  They differ from regular drug stores in that they have the equipment necessary to formulate and prepare specific compounds that doctors prescribe for patients with illnesses that warrant treatments that are not available from your local drug store.

The problem with these outfits stem from the fact that many states have either not regulated these facilities in the same way they regulate either manufacturing plants or pharmacies.  Last year a compounding pharmacy in Massachusetts ignited an outbreak of meningitis when it produced and disseminated contaminated and adulterated compounds, mismanaged dosage sizes and distributed drugs that were illegal.  While states such as Arkansas and Oklahoma have regulated neighborhood pharmacies by maintaining procedures by which every transaction is recorded and maintained, many of the activities of such compounding pharmacies have not been subject to such regulatory oversight until recently.  Accordingly, the only way to deter future mistakes by this branch of pharmacies is to sue them after these errors have occurred.

Civil lawsuits are a powerful tool “to make sure the most dangerous compounding pharmacies are forced out of business,” says Joanne Doroshow, executive director of the Center for Justice & Democracy at New York Law School. “Nothing else seems to be doing it … because the entire regulatory system lacks teeth.”

Individuals or families that are injured or damaged by taking pharmaceuticals improperly, compounded by the negligence or recklessness of the people operating these facilities, need to consult with counsel who have experience handling negligence and/or medical malpractice cases.

At the law firm of NOLAN CADDELL REYNOLDS, our attorneys have substantial experience representing victims of medical malpractice, prescription error and negligence.   Call us at 479-782-5297 or toll free at 1-800-709-5297. You can also find us online at www.nolancaddellreynolds.com.

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