How Are Drugs Defective?
Prescription drugs can be a lifesaver for many individuals, but defective drugs do physical harm to the recipient. Some manufacturers are less concerned with safety than they are with profits. Since all drugs have side effects, it takes considerable knowledge to determine if the issue is a sign of a defective drug. Let’s examine this dilemma and show how an attorney can help if a defective drug has made you ill.
Olinde Law Firm
We spend considerable time sorting through the significant complications and risks imposed by a wide assortment of over-the-counter and prescription drugs every day. There is a slight difference in some cases between defective and risky drugs. If you feel you have taken a defective drug and suffered severe injury or if a member of your family died because of it, you may benefit from the insight our law firm can provide.
Give us a call at (800) 587-1889 to set up a free case review. We can answer your questions after reviewing your claim and give you your options going forward. If the defective drug caused you harm, we could help you take the manufacturer to task. Let’s review what is meant by a defective drug.
Definition of Defective Drugs
Defective drugs are those where the negative aspects far outway the positive effects. Usually, such drugs have significant side effects that, in some instances, cause death. Even though the Food and Drug Administration or FDA is responsible for keeping defective drugs off the market, there are many cases where they fail, at least initially. When that happens, the drug is reviewed, and if defective, it is recalled.
How Are Drugs Screened?
The various pharmaceutical companies provide data to the FDA that is used to decide whether the drug is safe. To do this, the companies test the drugs extensively and send the test results to the FDA. The tests enable the FDA to determine both the negative and positive potential of the drug. If the safety outweighs the risk, the drug will be allowed to enter the marketplace.
In some cases, the pharmaceutical companies are unaware of a severe or deadly side effect, and in others, they make an effort to hide it without warning the consumer. When they do this, an injured party or their family can file a claim against the pharmaceutical company.
Elements of a Defective Product
In product liability claims, the case is based on three elements:
- Manufacture: In this case, the drug was contaminated in the manufacturing process, the wrong dosage is placed in the container or the medicine is manufactured incorrectly.
- Design: Here the manufacturing process is correct, but the basic design of the drug such as its ingredients are harmful.
- Warning: Here the manufacturer fails to provide sufficient and correct advice to the consumer about specific problems, use and instructions.
The Defective Drug Lawsuit
If the evidence suggests that the above elements caused serious or deadly effects, a product liability lawsuit can be filed against the drug company. The lawsuit can include the following entities:
- The manufacturer
- Testing laboratories
- Prescribing doctor, something that may lead to a malpractice lawsuit
Class actions deviate from the one-person lawsuit in that multiple plaintiffs join together.