Monday, December 22, 2003

Here's the latest example of why this country is is in a death spiral of stupidity. I want you to read this AP story from CNN:
Woman files lawsuits over baby's Benadryl death

Sunday, December 21, 2003
BARTOW, Florida (AP) -- A Florida woman is suing the baby sitter who gave her daughter a fatal dose of Benadryl, along with the maker of the drug and the pharmacy that she says sold the product.
Paula Burcham was sentenced in August to eight years in prison for giving 3 1/2-month-old Grace Fields a lethal dose of Benadryl.
The child died from intoxication by diphenhydramine, the drug's active ingredient. Benadryl is an antihistamine and sedative.
Earlier this month, Tracy Fields, the child's mother, filed a wrongful death and product liability lawsuit against Burcham; Pfizer Inc., the New York-based maker of Benadryl; and the Perrigo Co., which makes generic versions of the medicine.
The lawsuit contends Burcham gave the child Benadryl with "willful disregard" for her safety because she wanted to quiet the baby.
Pfizer spokesman Tom Sanford said the company does not recommend people give Benadryl to infants.
Prosecutors said Burcham never told paramedics she had poured three teaspoons of Benadryl into a bottle of breast milk for the child. Burcham later denied it was to control the child's behavior.
The lawsuit seeks more than $15,000 in damages, and also names Clearwater, Florida-based Eckerd Corp., which owns the pharmacy that Fields says sold the medicine to Burcham. Other defendants are Polk County, the Polk County Health Department and the state Department of Children & Families.
DCF spokesman Bill Spann said the agency does not comment on pending litigation, but he urged parents to carefully check the qualifications of day care providers.
Burcham, 53, ran an unlicensed day care center out of her home.

Ok, so let me get this straight. Some idiot, who probably shouldn't have been taking care of a child in the first place given the fact she gave a baby an overdose of Benadryl, was convicted of killing the baby. Fine. No problem there.

So, I'm wondering if someone can explain to me why exactly the PHARMACY and DRUGMAKER are responsible. I'm trying to figure out the logic here, besides plain GREED. Following the logic I'm seeing, what the pharmacy should have done before allowing one of its thousands of patrons to purchase an over-the-counter drug is perform a criminal and psychological background check, a psychological exam and profile, an evaluation of her ability to care for children, as well as references from friends, neighbors and others who could say she should be allowed the purchase Benadryl. Given the obvious recklessness and negligence shown by the pharmacy, they are clearly at fault here.

Same must apply to Pfizer. Obviously, they are a dangerous and evil company because they didn't take basic steps to make sure that crazy people don't buy their drugs that are available at any drug store, gas station or grocery store.

Right. And I'm sure there isn't some ambulance-chasing shark who came up with this hair-brained scheme to basically extort money from Ekherd and Pfizer.

I could comment on probably 1,000 stories a year that follow the exact line of logic. I'm wondering if they teach a Distorted Logic 101 and How to Extort Money from Anyone, Anywhere 102 in law schools around the nation. They must! The courts are filled with one ridiculous case after another.

I hope the judge in this case throws his gavel as hard as he can at this woman's attorney's empty skull. And maybe then he should have someone sue this woman for being so stupid as to send her child into the childcare worker's home. But, that would be too logical, wouldn't it?


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