Nevada Senate Bill 75, if passed as written, it would make the manufacturer of a controlled substance criminally liability if a patient develops an addiction upon using that controlled substance. Prescribers are also on the line.
This bill provides that a person who suffers injuries as a result of an addiction to a prescription drug may bring a civil action against: (1) the manufacturer of the prescription drug; and (2) the provider of medical care who prescribed the prescription drug, if the provider of medical care knew or should have known of the person’s addiction to the prescription drug.
Patients would be able to recover both actual and punitive damages, without any limitation. The bill also has a provision that states that this liability is, “notwithstanding any other provision of law”. This means that, even if there were laws that would otherwise thwart the patient’s case, they won’t apply. The criminal laws that say one cannot illegally obtain and take prescription drugs - irrelevant. A law that bans a patient from “doctor shopping” – doesn’t matter. The fact that a manufacturer followed the law and disclosed all addictive information regarding a drug – immaterial.
The text of SB-75 bill can be found here.