Product Liablity And Consumer Protection Flashcards

1
Q

Why is pharmacovigilance important

A

Only a small amount of people in pre clinical trials
Lab conditions in clinical trial may not represent actual clinical action in real life
Some ADRs may occur after prolonged exposure
Rare ADRs may not have occurred in trial

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2
Q

Which groups will always be excluded from trials

A
Pregnant women 
Children 
Elderly 
Those with multiple disease states 
Those vulnerable to ADRS 

These are the most important group to have the information on as these are the ones that will be getting the drug

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3
Q

What is the process of pharmacovigilance

A

Monitoring the use of medicines in everyday practise to identify previously unrecognised ADRS or patterns in the effects

Assessing the risk and benefits of medicines in order to determine what action, if any, is needed to improve there safety
Monitoring the impact of action taken

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4
Q

What is the yellow card scheme

A

A spontaneous reporting scheme for suspected ADRS
Started in 1964 due to thalidomide
MA holders are legally obliged to report suspected ADRS via the scheme

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5
Q

Who can report ADRs

A
Doctors and medical students 
Dentists 
Coroners 
Pharmacists and pre-reg 
Nurses- inc midwifes 
Optometrist 
Chiropodist 
Paramedic 
Patient, parent or carers
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6
Q

What should be reported on

A
vaccines
Herbal medicines
Blood factors + immunoglobulins
Homeopathic medicines 
All marketed devices on UK market 
Defective medicines 
Fake medicines 
E-cigs
Black triangle drugs 
Any serious ADR
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7
Q

Why is a drug black triangle

A

Contains a new active ingredient
It is a biological medicine such as a vaccines or a medicine derived from plasma
It has been given conditional approval- MRHA wants more data regarding saftey
New medicines as companies are required to provide more long term data on medicines

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8
Q

Why do we report all black triangle ADRs

A

To confirm the risk/benefit profile established during the pre-marketing phase
To increase our understanding of the safety profile of a new medicine
To ensure that we identify previously unrecognised side effects as quickly as possible

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9
Q

What constitutes a serious reaction

A
Fatal 
Life threatening 
Disabelling 
Incapacitating 
Hospitalisation 
Congenital abnormalities 
Medically significant
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10
Q

Why do we not report older drugs

A

No longer require intensive monitoring as black triangle products because the safety has been established

However if it is a serious reaction then we report

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11
Q

What is post marketing evaluation

A

Allows variation and renewal of MA
Change from 2nd line to 1st line treatment
Changing to permit usage in a different age group
Reclassification of medicine POM->P
Regulation of advertisement and promotion

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12
Q

What are the different consumer protection legislations

A

Trades descriptions 1968
Consumer protection act 1987
General product saftey 2005
Consumer rights 2015

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13
Q

What does the trade description act 1968 cover

A

Illegal to falsley describe goods, services or business
Description covers a range of factors e.g. quantity/size, composition, purpose, endorsement
Covers all descriptions- oral, written and visual
Offence knowingly making a false statement about a good

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14
Q

What does the consumer protection 1987 and general product saftey 2005 cover

A

1) product liability
2) safety of goods
3) misleading prices

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15
Q

What is product liability

A

This is liability without fault
Also known as strict liability
This means people damaged by a defective product can sue the supplier for damages, without having to prove negligence

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16
Q

Who is liable

A
This is in rank order
Manufacture 
Importer 
Anyone acting as a manufacture (Tesco paracetamol) 
Supplier (pharmacist) 

For medicine it is usually the MA holder who has liability but it passes to pharmacist if they can’t track the manufacture

17
Q

When can claims be made

A

Can be made upto 3 Years after injury
Can sue upto 10 Years if after 3 Years if when they found out they had a claim

To succeed the claimant must prove (on the balance of probability) the product was defective and caused the damage

18
Q

What defence are there

A

If defendant didn’t supply product- fake or stolen
Safety was compromised by obeying other laws
Someone else caused the fault
Product was not supplied in the course of business (2nd hand, charity)
The defect is due to overall product and the defendant is a manufacturer of a component

19
Q

What legislation did the consumer rights act 2015 replace

A

Sales of goods act
Unfair terms in consumer contracts regulation
Supply of goods and services

20
Q

Good under the consumer rights act should

A

Be of a satisfactory quality
Be fit for purpose
Match the description
Be installed correctly

Consumers have right to reject goods in 1st 30 days
Repair or replacement in 1st 30 days
Price reduction or reject- if repair is unavailable or unacceptable