Legal Question: Grandpa Dies Because Cheap Canadian Drugs Diluted: Who To Sue?

In an effort to save money, Gandpa buys his expensive heart medication from an on-line Canadian drugstore. Grandpa is happy, because price is 1/2 US price…except one day. Garndpa doesn’t feel too good. While phoning his doctor, Grandpa has a massive heart attack and croaks!
At autopsy, analysis finds canadian heart drug is understrength…coroner testifies that this caused Grandpa’s demise. Relatives call up James Sokolove, initiate mult0million $ lawsuit for wrongfuldeath: who do they sue? :smack:

Presumably, the American pharmaceutical company that made the defective drug and shipped it to Canada.

Boy, that was easy.

You seem to be under the impression that “Canadian drugs” come from different sources than “American drugs”. How do you come to that conclusion?

Also, riddle me this. Who is more likely to be diluting or adulterating drugs - An American Pharmacist who has a drug that sells for 100. a dose, or a Canadian pharmacist who sells the same drug for 25. a dose? Who, logically, is more apt to risk their license based on a risk/reward scenario?

I think in this case, I won’t blame Canada.

Fixed title of thread.
If your grandfather is, in fact, named “Garnpa” I apologize and will change the title back.

It’s not like buying from Canada is equivalent to buying from some sketchy guy in an alley. I’m sure that they have an equilvalent to the FDA that regulates their drug quality. In fact if anything, I would imagine that the drug lobbyists probably have less power in Canada and thus the quality of drugs would be more heavily regulated.

I’m not really weighing in on this one way or another, but this story from today’s Toronto Star might add insight. I might be misreading it, but in some cases the drugs might come from different places (or they might not) and the actual manufacturer of the drugs might be obfuscated.

Yes, we do have such an organization. And we even have electricity now, and some o’ them water closets! And horseless carriages!

Canada is not some pharmaceutical goldmine. As much as I want cheap drugs, Canada’s demand is large enough to negotiate better prices but not big enough to support America. If America wants better drug prices, it knows what it has to do. Let the drugs Canada buys stay in Canada. I’m appalled by importing drugs. What, Canadians don’t need the drugs they buy, they’re just throwing them around like some bachelor party?

That’s Canada’s problem. If exporting their drugs is a problem for them, they can outlaw the exportation of drugs. Easy. Is there any evidence that American buyers are threatening a drug shortage in Canada?

As its stands, it’s good business for Canadian exporters and pharmacists.

I’m confused. Is this a hypothetical question? I’ve never heard of such a problem with Canadian drugs.

I’m not sure about evidence, but the article **bashere ** linked does say:

Now whether there is evidence to support this, or they’re saying it because they’d rather sell the products for more money here in the US, I can’t say.

Not being Canadian, I’m not aware of the press this is getting, but having just returned from Canada, I can say that there are some people who got airtime in the press about banning the exportation of drugs. Thanks for the backup, WhyNot.

A question on public health and lawsuits. I’d advise you to stay the course and blame the Democrats for everything.

Except that one of the reasons keeping Canadian drug prices down is government support. As Americans are not paying anything in to the Canadian health care system, we are not entitled to receive the benefits.

Since much of the problem is Americans crossing the border and buying drugs at Canadian pharmacies, how would you propose the “Exportation” be stopped? I don’t think the pharmacies will be in a rush to ask all their customers for proof of citizenship. I don’t want to have to take my passport to Pharma Plus just to buy a goddamn bottle of penicillin.

I was lead to believe, by Canadian TV, that the problem was internet purchases, and the proposed solution was geared around that. There wasn’t a lot of mention given to border crossing. Though I should say that doesn’t mean the solution is all that difficult. Presumably Canadians can prove citizenship or residence. It seems a little drastic… maybe just an ID card already used to indicate age or driving privileges.

For example. many US drug mfgs. have a policy that they do not take responsibiklity for re-imported drugs. So, what recourse would Grandpa’s relatives have? Can a lawsuit be initiated in Canada? Also, I have heard that many of these Canadian operations ship generics instead of the named drug-isn’t this illegal?
Suppose this thing really gets big (like many large insurers are telling their policyholders to buy their drugs from Canada)…it is just a matter of time before some mistake is made.

It’s price controls, not subsidies. The Canadian taxpayer isn’t spending any money to keep costs down.

Uh, I thought that the Canadian government bargained en masse for their drug prices because of government health care (government insurance, though, isn’t it?). So, yeah, that’s supported by tax dollars. Though if there’s a lot of demand from America, it would be an interesting way to reduce the cost of health care…

Sure, just like I have a “policy” of being immune from the consequences of my actions too. But I don’t actually think the law would defer to my policy, nor is it likely to defer to the suposed policy you describe for American pharmaceutical companies.

Hmm… good point. On the other hand, of the UC pharmaceuticals manage to have every foreign customer sign an agreement that if they re-export to the US, they take on all legal liability, that might be a different story.

For that matter, the same thing might apply to MG if he manages to get people to sign similar liability wavers for every single thing he does in his life. :smiley: Not sure I’d count on that one holding up in court as easily though :wink:

That is a kick ass policy, minty. Just anyone can do that, eh?