A manufacturer that makes, markets, and sells a prescription drug can be sued for what is know as a failure to warn. An Accutane lawyer would allege that his patient was not warned of the risks, hazards, and potential side effects of the medication. The patient must show either that that no warning was provided or that the warning provided was inadequate or defective, and that the failure to warn was a the cause of the harm.
The manufacturer of the prescription drug will attempt to shift the liability of the harm caused to the health care provider. They will alleged that they had a duty to warn and that they warned the prescribing health care provider, the doctor of the prescribing drug. The manufacturer of Accutane will claim that they disclosed the risk to the doctor and that he assume the duty to warn the patient of the dangers of the drug. The prescribing doctor, relying on his training, experience, and knowledge of the patient, chooses whether to prescribe the medication, and if proscribed, the manner, dose, and duration of the drug’s use. By warning the doctor, the manufacturer will argue that they have discharge their responsibility and transferred the duty to the doctor. So a lawyer has to be careful and allege liability by both the doctor and the manufacture in these cases.