CMS: Physicians Cannot Bill Part B Contractors for Drugs Dispensed Directly to Patients

A Las Vegas jury has ruled that Teva Pharmaceutical Industries and two other drug makers must pay $162.5 million in punitive damages for selling the anesthetic propofol in a way that led three colonoscopy patients to contract hepatitis C, according to a Bloomberg Businessweek report.

Teva Pharmaceutical Industries, Baxter Healthcare and McKesson will pay punitive damages over sales of the anesthetic in vials that lawyers said were too large for use in endoscopy centers. The lawyers alleged that the companies knew the overly large vials would tempt physicians and nurses to re-use vials intended for single use, potentially exposing patients to bloodborne infections.

This is the second punitive award against Baxter and Teva over a 2008 hepatitis C outbreak in Nevada tied to propofol. The first case resulted in a punitive verdict of more than $500 million against the drug makers. Teva has agreed to cover all damage awards resulting from the cases on behalf of the other two companies.

Related Articles on Anesthesia:
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Family of Patient Who Died From Anesthesia Error Joins Hospital Safety Committee

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