My Prescription Medication was Recalled. What Should I Do?

Pharmaceutical companies recall dozens of prescription and over-the-counter (OTC) medications each year. While pharmaceutical companies have a legal obligation to take reasonable steps to ensure their drugs are safe for use as intended, it is not unusual for dangerous and defective drugs to end up on pharmacy shelves. As a result, every year, numerous patients find themselves in need of an experienced prescription drug lawyer who can help them seek just compensation.

In many cases, patients will first learn that their prescription medications are potentially dangerous when the manufacturer issues a recall. If a prescription medication you are taking (or that you have taken in the past) is subject to a recall, what should you do?

Protecting Yourself (and Your Legal Rights) After a Prescription Drug Recall

As a patient, it is important to be proactive about protecting your health and your legal rights. The unfortunate reality is that treatment-related risks are a very real concern—and this includes risks related to defective drugs. With this in mind, if you are taking (or have taken) a prescription medication that is subject to a recall, you should:

1. Read the Recall Notice Carefully

One of the first steps you should take is to read the recall notice carefully. You should be able to find the recall notice in the U.S. Food and Drug Administration’s (FDA) online database. Try to focus on key details such as:

• Is the drug subject to a recall, safety alert, or market withdrawal? While these are often lumped together, they differ and have distinct implications for patients.
• Why is the drug being recalled? Contamination and newly discovered health risks are among the most common reasons for drug recalls, but there may be others.
• What health risks have been identified? Try to make sure you know the specific health risk (or risks) that triggered your medication’s recall.
• Is it a Class I, Class II, or Class III recall? Class I and Class II recalls involve serious health risks, while Class III recalls are issued when a defect “is not likely to cause adverse health consequences.”
• Is your specific lot or batch covered under the recall? Oftentimes, only specific lots or batches of a prescription drug will be subject to a recall.

This is not all you need to know, but these are some of the key details you should be able to gather from the manufacturer’s recall notice. If you have concerns after reading the recall notice, the next step is to talk to your doctor.

2. Talk to Your Doctor

If you have concerns about your health for any reason, you should talk to your doctor promptly. You should not rely solely on information you find online—including information from the FDA. Your doctor will be able to provide personalized medical advice, and you should be able to use this advice to make informed decisions about your next steps.

3. Make an Informed Decision About Whether to Stop Taking the Drug (if Applicable)

If you are currently taking the prescription medication that is subject to the recall, one key decision you will need to make is whether to continue taking your medication. While doctors will recommend stopping use of recalled medications in many cases, if there are limited treatment alternatives, the risks of stopping use could outweigh those posed by the defect. Again, you should rely on your doctor’s advice to make an informed decision.

4. Make an Informed Decision About Your Treatment Needs

You should also rely on your doctor’s advice to make an informed decision about your treatment needs. Defective medications can have a wide range of effects—from failing to treat the conditions for which they are prescribed to causing hearing loss, blindness, cancers, and other serious complications. If you need treatment related to your use of a defective drug, it will be important to make sure you receive appropriate treatment as soon as possible.

5. Monitor for Signs of Complications

As you move forward, you should continue monitoring for signs of complications. This is true regardless of whether you currently need treatment. While some defective drugs can cause immediate complications, others may not impact patients’ health until months or years down the line. Drug defects can impact different patients differently as well. So, even if other patients have experienced symptoms right away, it could be the case that you will not experience symptoms until sometime in the future.

6. Learn About Filing (or Joining) a Defective Drug Lawsuit

For patients who experience health issues caused by defective drugs, filing a defective drug lawsuit can be a key step in the recovery process. When pharmaceutical companies sell defective drugs, they can—and should—be held fully accountable.

While taking legal action may involve filing a product liability lawsuit, you may also be eligible to join an ongoing mass tort case against your prescription medication’s manufacturer. There are currently dozens of drug-related mass tort cases pending across the country, and if you are eligible to join one of these cases, this could be the most efficient means of seeking the financial compensation you deserve.

7. Talk to a Prescription Drug Lawyer About Your Legal Rights

Regardless of the steps you should take to seek financial compensation, talking to an experienced prescription drug lawyer is the first step in the process. These are complicated cases, so it is important to have experienced legal representation. A lawyer who has experience representing patients in these types of cases will be able to provide the advice and insights you need to make informed decisions about how best to proceed.

Learn More from an Experienced Prescription Drug Lawyer at Searcy Denney

Do you have questions about filing a defective drug lawsuit related to a prescription medication recall? If so, contact us today. To speak with an experienced prescription drug lawyer at Searcy Denney in a free and confidential consultation, call 800-780-8607 or tell us how we can reach you online now.