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Health Law360: Scheve, Harris Discuss Manufacturers Responsibility in Meth Epidemic

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HOUSTON, February 20, 2009 -- In a February 19, 2009 article on the Health and Product Liability Law360 websites, Firm lawyers Stephen Scheve and Kyle Harris discuss the liability of manufacturers of FDA-approved over-the-counter cold and cough products in a methamphetamine epidemic in Arkansas.

The authors explain that methamphetamine can be produced by “cooking” cold and cough products containing pseudoephedrine therefore, 16 counties in Arkansas felt the manufacturers were responsible for the methamphetamine epidemic in their region due to vending “far in excess of the ‘amounts necessary for legitimate use’ of their products.”

“The counties claims for damages focused on prison and jail costs to house methamphetamine users, drug education and counseling expenses, addition treatment costs, costs to family service agencies for housing and treating children whose parents were addicted to methamphetamine, and law enforcement interdiction costs.”

In the end, the decision in Ashley County, Ark., et al., v. Pfizer, et al, 552 F.3d 659 (8th Cir. 2009) was left to the Eighth Circuit.

To read the full article, click here.

More information about Pharma Litigation at Baker Botts is available here.

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