D.I.Y. Tamiflu for Kids: Pharmacists Cope With Shortage

But Dr. Aaron Kesselheim, a physician with Brigham and Women's Hospital in Boston and an attorney, said that if the government deems the shortage of the drug to constitute an emergency situation, it can take steps to increase the supply.

"If the manufacturer is unable to produce amounts of drug necessary to meet the government needs, the government can use a principle called eminent domain, to step in on the patent and assume control of the intellectual property, and then can use that power to then develop its own supply."

In short, Kesselheim said, the government could suspend the patent, making it possible for another manufacturer to make the drug – at least until the crisis has passed.

But, he noted, even this would take time.

"You are looking at a minimum of a number of months of time, and possibly longer than that," Kesselheim said.

Meanwhile, the number of pediatric H1N1 deaths continues to rise. In the week ending Oct. 30, the CDC reported 19 new confirmed deaths, the largest one-week pediatric death toll since the outbreak began last spring. The deaths brought to 114 the total number of laboratory-confirmed cases of pediatric death from the virus.

No Government Intervention on Tamiflu Shortages Yet

Still, health officials have yet to suggest that the government will step in. And not all pharmacists are reporting difficulties in getting their hands on enough Tamiflu, whether it be in liquid or pill form.

Keech said that despite the shortages in his area, he is still able to make do with compounding – although he noted that lately, even the two types of suspension liquid that the FDA recommends to make liquid Tamiflu out of the pills has been in short supply.

"We can't get either of those through the wholesalers," he said.

Editor's note: The original version of this story incorrectly identified the FDA's update on the emergency compounding by pharmacists of liquid Tamiflu as an emergency use authorization, or EUA. ABC News regrets the error. The above version of this story has also been modified to make clear that while the government stockpile of liquid Tamiflu has been exhausted, some pharmacists still have access to supplies of Tamiflu in its liquid form.

Susan Schwartz, Brian Hartman and Tilesha Brown contributed to this report.

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