Defective Drugs

Prescription drugs have helped advance medicine and extended the lives of millions of people. However, far too often than not, drug makers and “big pharma” place profit before the safety of the general public. This is a serious matter since improperly tested or rushed-to-market drugs can have life-threatening consequences. Simply because a drug is on the market does not necessarily mean it is safe. If you suffered a reaction or develop a disease or illness from a medication, a defective drug lawyer from our firm will evaluate your claim and provide you with your legal options. 

How are Drugs Approved?

The government enforces regulations for prescription drugs to protect consumers from dangerous or defective products. FDA-approved drugs identified as hazardous after approval continue to cause thousands of injuries and deaths annually.

The FDA’s expedited “510(k)” testing process often leads to defective products reaching the market because it allows drugs to be sold to the public after minimal testing. A lack of proper testing results in undiscovered harmful side effects, which can exacerbate health conditions and result in deadly consequences.

Certain situations allow the FDA to determine that a drug’s positive effects justify its hazardous risks despite the potential for causing death.

Consequences of Defective Drugs

Drugs that are defective or incorrectly prescribed can result in life-altering side effects.

Birth defects, along with heart attacks and heart conditions, together with hypertension, insomnia and memory loss, as well as numbness and stroke, produce traumatic and debilitating effects. Patients who consume defective or dangerous drugs frequently develop additional chronic medical conditions that demand extended medical treatment.

In the worst cases, defective drugs can even cause an untimely death.

Our Defective Drug Lawyer Explains Liability 

Product liability law represents the legal area that deals with negligent manufacturers who release defective drugs to consumers. Manufacturers and sellers face liability for any damages caused when their product creates unforeseen harm to users.

There are three distinct categories under which product liability claims can be classified.

• A manufacturing defect happens when a product gets made incorrectly or becomes polluted during production, which leads to user injury.
• Design defects happen when pharmaceutical drugs are properly manufactured but their side effects create harm or injury.
• Failure to warn refers to defective marketing practices that result from inadequate or inappropriate instructions and warnings about how to use a drug.

Who Is to Blame for My Injury?

The responsibility to update drug labels in order to protect public safety falls on the manufacturer rather than the FDA. The liability for dangerous or defective products extends throughout the entire chain of manufacturers and distributors.

Liability for a defective drug extends to the following parties:

• The drug maker: Drugs represent a multi-billion-dollar industry worldwide, which frequently enters the market because companies focus heavily on profits. Pharmaceutical companies with huge resources have repeatedly shown they inadequately test their products for safety, which results in millions of patient injuries.
• The drug testing lab: All drugs require multiple safety assessments before they receive approval for sale. Responsibility for consumer injuries will fall on the testing administrators if their research missed detecting a defect in the drug.
• The representative who sold the drug to healthcare providers: Your doctor can be held responsible for your injury if he or she neglected to inform you about potential side effects or failed to give proper instructions about taking the drug.
• The prescribing doctor, hospital, or clinic: In the chain of distribution, the pharmacy serves as the last point and holds ultimate responsibility for giving drug usage instructions. A pharmacist faces liability when they fail to provide sufficient instructions regarding drug usage.

When to Contact a Defective Drug Lawyer

Because defective drugs often affect consumers on a global level, cases are often consolidated into mass tort or class action claims. A “mass tort” is a personal injury case where many people are harmed by the same product and often share the same injury. Mass tort and class action claims provide a cost-effective alternative to traditional and lengthy single part litigation.

Proving a case against big drug manufacturers can be daunting, as these corporations usually have unlimited resources. An experienced defective drug attorney is essential in forming a case against “big pharma.”

If you’ve been injured or worse by a prescription drug, you may be entitled to compensation for your pain, suffering and losses. This compensation can help offset the financial weight of:

• Medical bills
• Pain and suffering
• Rehabilitation care
• Lost wages
• Funeral costs

The attorneys at Searcy Denney are experienced, and resourceful and fight aggressively for the rights of those injured by dangerous drugs. When a defective drug lawyer takes on your case, you become a critical part of our legal team, and we work with you every step of the way. If we aren’t able to settle your case, we are prepared to litigate it in court to win you the justice, financial help, and closure you deserve.

Contact a Defective Drug Lawyer at Searcy Denney for the Help You Need

If you have a legal question for a defective drug lawyer, please reach out to us at any time. All consultations are absolutely free, confidential and without obligation. Contact us today at (800) 780-8607.