Correct re disclaimers lol - from this - it appears that it depends somewhat on whether the effects were known and not adequately disclosed, or the patient was not adequately informed. I would expect there are instances where liability could land on the doctor mis- prescribing a medication.
Medication manufacturers may be held liable when a prescription medication causes dangerous side effects. Manufacturers have a duty to test their products before releasing them into the stream of commerce. They have a duty to warn consumers of the dangers that they know about. However, if they do not know about a particular danger or side effect, they are not held liable for these. The duty to warn consumer is continual in nature, so if a manufacturer does not learn about a potential side effect until after release of the drug, it still has a duty to report these dangers. However, drug manufacturers can satisfy their duty to warn by explaining the side effects by telling doctors and pharmacists about them, who then have the duty to share this information with patients. The duty to warn patients does not require drug manufacturers to account for extreme reactions sustained by unusually susceptible individuals. They are not expected to think about every possible adverse side effect that could result in every type of plaintiff.
Disclaimer - I’m a biotech patent attorney and this is from Dr Google
Manufacturer Liability
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