‘A Duty To Sell Life-Saving Medicine?’

William M Janssen, A ‘Duty’ To Continue Selling Medicines, 40 American Journal of Law and Medicine 330 (2014), available at SSRN. Imagine that you have a rare, life-threatening medical condition. You are prescribed a drug that is critical to your survival. You thrive on the prescribed drug and your health improves significantly. However, only one company manufacturers this drug. Unfortunately, due to contamination during the production process, the manufacturer experiences inventory shortages. As a result, you cannot get prescriptions filled as ordered by your doctor, and your health deteriorates rapidly. Does the drug company have a legal duty to continue selling you the prescribed medicine? And, if the manufacturer’s negligence caused the inventory shortage, can you sue the company for tort-based damages? Professor William M Janssen tackles these intriguing questions in his recent article, A ‘Duty To Continue Selling Medicines … (more)

[Sheila Scheuerman, JOTWELL, 28 October]

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