Pill Pushers!

Lauren Ellerman

Contributor

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This is one of those issues that generally concerns me - and one I am glad to see is being addressed by others. Direct marketing of pharmaceuticals, to consumers. You know - "Lipitor" ads on Monday night football - Boniva ads during Desperate House Wives. I like Sally Fields, but shouldn't she be selling Boniva to my doctor - and my doctor learn enough that she can recommend for my needs?

A great op-ed article appeared in Dec. 4, 2007 edition of our local paper -

Mark Cohen, the Executive Director of the Government Accountability Project (a whistle blower protection and advocacy organization) reports that Congress has missed opportunities to make meaningful changes in the way drug makers peddle their often dangerous products. He goes on to explain "that not all courts are as willing as Congress to turn a blind eye to the distorting impact of direct-to-consumer advertising."

"The issue facing state Supreme Court justices this summer in West Virginia v. Johnson & Johnson was whether drug manufacturers are subject to the same duty as other manufacturers to warn consumers about their product risks. The traditional view was that they were not. Courts reasoned that prescription drugs are unique because they are taken at the direction of a "learned intermediary," a licensed physician. The manufacturer need only inform physicians of risks; drug makers have no legal obligation to warn the patient whatsoever."

The article goes on to say that direct consumer advertising has changed the "direct intermediary" a great deal. Patients are no longer learning about drugs from their doctors - or learning about the side effects and risks with frequency.... And this is scary.

Did you have bad reaction from medication? Allergic, and the doctor prescribe the medication anyway? Medication errors are serious, and occur frequently - I dare say, more so when consumers are being targeted directly by manufacturers.

For more information on this subject, please refer to the section on Medical Malpractice and Negligent Care.