Drug manufacturer sued for making larger than necessary vials

As reported on ASHP NewsLink (http://www.ashp.org/newslinks):

http://www.lvrj.com/news/doctor-in-endoscopy-trial-testifies-vials-of-sedative-were-too-large-91684569.html

Teva pharmaceuticals is being sued because they make a 50ml vial of propofol, and a physician's poor practice lead to Hepatitis C contamination.  Amazing.  The physician chooses to reuse part of a 50ml vial of propofol and it ends up giving the next patient Hep C. 

Next we will have lawyers suing car manufacturers because a person decided drive under the influence, claiming the car manufacturer makes it too easy for people to grab their keys after drinking excessively (recommending they should add a security device to the car that checks blood alcohol before entry). 

Without a doubt the physician that allowed reuse of the vial should be reprimanded.  I just don't see the manufacturer as being liable.  What are your thoughts?

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