By Nick Brown
(Reuters) – Victims of a deadly U.S. meningitis outbreak are starting to sue
the physicians and clinics that administered tainted steroid shots, and the
success of the suits could hinge on whether judges decide the injections are
subject to product liability or medical malpractice laws.The drug-mixing pharmacy linked to the outbreak, the New England Compounding Center, already faces lawsuits related to the shots, as do its executives. But because the Massachusetts company is relatively small, patients exposed to meningitis are beginning to sue more well-insured defendants.
Plaintiffs have sued at least two physicians and orthopedic clinics in New Jersey that provided the injections, and legal experts predict similar cases against other doctors and clinics.
Such lawsuits, however, may hinge on whether courts define the tainted injections as products that were sold. In that case, hospitals and doctors could be sued for product liability and held responsible regardless of intent to harm. These strict standards are part of most state product liability laws.
However, if courts define an injection as a service, plaintiffs likely would face the tougher task of showing negligence under medical malpractice laws.
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