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Jurisprudence
First Exam
40
Law
Undergraduate 4
10/06/2011

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Cards

Term
Plessy v. Ferguson 1986
Definition
AA women refuse to move to colored car- separate but equal & doesn't violate 13th amendment-held for 58 years until Brown v. Board of Education
Term
Ferguson v. Williams 1991
Definition
In NC - patient had allergies to ASA/Percodan and RPh knew and filled Indomethacin --Pt died of anaphylaxis. Court says RPh has no duty to warn about dangers & liability for RPh even though no duty
Term
Cohen v. Missouri Board of Pharmacy 1998
Definition
Complaint that person stole 400 Vicodin tablets from pharmacy and revoked RPh's license because he let it happen
Term
Ohio v. Eric Cropp 2009
Definition
Negligence of approving chemo with 23.4% sodium chloride instead of 0.9% sodium chloride and patient died
Term
Heckler v. Chaney 1985
Definition
Inmates petitioned use of drugs for lethal injection. They petitioned the Food and Drug Administration (FDA), alleging that use of the drugs for such a purpose violated the Federal Food, Drug, and Cosmetic Act (FDCA), and requesting that the FDA take various enforcement actions to prevent those violations.
Term
People v. Stuart 1997
Definition
Lance Chaney, was found guilty of possession of a controlled substance, sentenced to one year probation, fined $50 for laboratory fees and assessed a $5 monthly probation fee.
Term
Pure Food and Drug Act 1906
Definition
Prohibits misbranding-requires drugs to meet standards-Mother's Little Helper(morphine)
Term
Food and Drug Act of 1938
Definition
Sulfanilamide (diethylene glycol) response-requires drugs to be SAFE and approved by FDA
Term
Durham-Humphrey Amendment of 1951
Definition
Establishes OTC (non-legend) and Rx (legend) drug classes and prohibits legend drugs from being dispensed without prescription
Term
Drug Efficacy Amendment 1962 (Kefauver)
Definition
Thalidomide- must be proven SAFE and EFFECTIVE- establishes GMP, advertising, clinical investigations
Term
Medical Device Amendments 1976
Definition
Dalkon Shield -need pre-market approval, GMP conformance and classification of devices
Term
Orphan Drug Act 1983
Definition
Incentives for manufacturers to create products for diseases affecting less than 200,000 American
Term
Waxman Hatch Amendment 1984
Definition
Allows ANDA process without safety or efficacy-enhances protection for innovators-greater generic competition
Term
Prescription Drug Marketing Act 1987
Definition
Restricts samples, encouraged ped. drug studies, expands FDA authority over OTCs
Term
Dietary Supplement Health and Education Act 1994
Definition
FDA regulates dietary supplements-prove DS is unsafe before it is removed from market
Term
Pearson v. Shalala 1999
Definition
DS manufacturers fought pre-marketing approval requirements of FDA since they claimed that FDA violated 1st amendment rights (commercial free speech)
Term
Prescription Drug Fee User Act 1992
Definition
Manufacturers pay fees for FDA reviews to speed up process of approval
Term
UF v. Guardian Chemical Company 1969
Definition
Product not only cleans dairy apparatus but dissolves kidney/bladder stones- FDA says product is a drug and must conform to labeling rules-Ruling must conform to label rules
Term
Food, Drug and Cosmetic Act (FDCA) Section 301
Definition
Prohibits misbranded or adulterated food, drug, device or cosmetic-including alterations, counterfeits, refusal of inspection
Term
FDA Rating and Classification System 1974
Definition
Number (chemical) system - 1. new molecular entity 2. new salt/ester 3. new dosage form 4. new combo 5. generic 6. new indication
Letter (Therapeutic) - P rating- Therapeutic advance & S rating- similar therapeutic properties as similar drugs
Term
Drug Efficacy Study Implementation (DESI)
Definition
Kefauver requires drug (post 1938) to be effective and post 1962 generics are new drugs
Term
National Academy of Science and DESI
Definition
Responsible for 1938-1962 drugs - efficacy categories 1. Effective 2. Probably effective 3. Ineffective 4. Effective but... 5. Ineffective as combo product
Term
USV pharma Corp. v. Weinberger 1973
Definition
Manu. sells bioflavanoid products with hematologic/capillary fragility effects - no evidence to well controlled investigation - NDA withdrawn - FDA has authority to determine if drugs are new and subject to efficacy review
Term
Hoffman La-Roche v. Weinberger 1975
Definition
Innovator sues over generic version marketed without approval. Brand name manufacturers amendment enforces to limit generic competition- FDA cannot allow unapproved products to be marketed
Term
Drug Price Competition and Patent Term Restoration Act
Definition
Generic companies get speedier approval- Manufacturers must present Cmax, AUC, 90% CI, 0.80-1.25 BE between products
Term
Bristol Myers Squibb Co. V. Shalala 1996
Definition
Innovator sought new indication which gives them 3 year extension on market - Generic product must be safe and effective for each indiction on its label - FDA allows ANDA for generics
Term
United States v. Rutherford 1979
Definition
Patients and spouses to enjoin FDA from halting intersate shipment of Laetrile- Supreme court- court of appels is wrong- safety and efficacy are important to all drugs, regardless of patient health status
Term
Abigail Alliance Decision
Definition
Abigail Burroughs diagnoses with squamous cell carcinoma of head and neck- applies for clinical trial and is rejected-drugs later approved- Court of Appeals-patients have protected liberty interest under Due Process and when drug in Phase II when no approved alternative is available
Term
Medical Device Amendments of 1976
Definition
Class I -needles, gloves, toothbrushes
Class II-syringes, infustion pumps, heating pads, tampons
Class III - Implants,pacemakers, stents, valves, contact lenses, pre-1976 products (Grandfather clause)
Term
FDA Modernization Act 1997
Definition
Durham-Humphrey Amendment - First statutory distinction between legend and on-legend medications-
Term
US v. Article of Drug-Decholin 1967
Definition
FDA must prove two issues to change the status of drug- 1. Toxicity & 2. Collateral measures (harm)
Term
Switching Prescription Drugs to OTC Drugs
Definition
1. Manu. requests switch with supplemental applications to approved NDA:change will only apply to manu's product
2.Manufacturer petitions FDA
3.Drug switched through a drug review process
Term
Pharma v. FDA 1980
Definition
FDA require patient package inserts for estrogens- COngress wants FDA input and there is no interference with patient-physician relationship
Term
1992 Compliance Policy Guide
Definition
FDA historically sides with manufacturers who don't want compounding to exists
Term
Food and Drug Modernization Act 1997
Definition
Rescinds 1992 guide- compounding ok for 1. individual patient 2. not a copy of existing product
No solicitying compounded Rxs or advertising compounding of certain
Term
Thompson v. Western States Medical Center 2002
Definition
Food and Drug Modernization Act of 1997’s prohibitions on soliciting prescriptions and advertising of compounded drugs amounts to unconstitutional restrictions on commercial speech
Term
2002 Compliance Policy Guide
Definition
Compounding in anticipation, withdrawn products, unapproved bulk products, commercial scale equipment, compounding for re-sale
Term
Medical Center Pharmcy v. Gonzalez 2006
Definition
Invalidated 2002 guide- compounding is lega, are not new drugs, in anticipation must be reasonable, can be advertised
Term
Prescription Drug Marketing Act
Definition
States must licence wholesalers, re-importation is banned, bans sales, trade and purchases of samples, prohibits resales to other healthcare entities
Term
Poison Prevention Packaging Act
Definition
Enforced by Consumer Product Safety Commision, child resistant caps
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