A new variable might soon be routinely thrown into the mix in a medical malpractice determination regarding failure to treat infection or negligent treatment of infection or a serious disease, namely this: How closely did the doctor or relevant staff member read the list of ingredients for a dispensed drug or treatment?

That is increasingly becoming of paramount importance, given the sobering assertions of health industry regulators that the global counterfeit drug trade may reach into the tens of billions of dollars. There were more than 1,700 reported incidents of counterfeited drugs globally last year and, while only six percent of those occurred in the United States, that is far more than necessary to sound alarm bells among government, medical and law enforcement officials.

"We do know there are counterfeits continuing to try and make their way onto the U.S. supply chain," says an associate director with the FDA office of drug security.

Avastin is a case in point. A single vial of the drug -- which treats various forms of cancer -- costs about $2,400 domestically, which makes it an alluring prospect for crime networks across the globe. The lure is coupled with the comparatively minor criminal penalties levied on those who get caught counterfeiting. An average prison sentence for a money counterfeiting conviction is about 15 years. For drug counterfeiting, the term is about three years.

"It's a no-brainer for criminal organizations," says John Clark, Pfizer's chief of global security.

The FDA is presently investigating counterfeited Avastin vials sold to at least 19 doctors and clinics in multiple states. Other recent discoveries of fake drugs have included Viagra, the cholesterol-lowering drug Lipitor, and Alli, a weight-loss pill.

Source: Chicago Daily Herald, "Counterfeit drugs becoming big business worldwide," Feb. 19, 2012