Why Was My Prescription Drug Recalled?

If you are taking (or have recently taken) a prescription drug that is now subject to a recall, there are several important facts you need to know. One of these facts is why your prescription was recalled. Pharmaceutical companies issue drug recalls for a variety of reasons, and understanding why your prescription was recalled will be important for making informed decisions about your health and your legal rights.

Regarding your health, you should not hesitate to contact your doctor if you have any concerns. Your doctor will be able to advise you based on your specific health circumstances. Dangerous drugs can impact different patients in different ways, and what makes sense for another patient may or may not make sense for you.

7 Common Reasons for Prescription Drug Recalls

Regarding your legal rights, you will want to talk to a drug recall lawyer to find out if you have grounds to take legal action. If you have experienced any drug-related complications, you may be entitled to financial compensation for your medical bills and other financial and non-financial losses. Once you hire a lawyer to represent you, your lawyer will be able to investigate the reason for the recall, and then your lawyer will be able to determine if legal action is warranted.

Here are seven common reasons for prescription drug recalls—all of which can potentially entitle patients (and their families) to just compensation:

1. Contamination

Contamination is a common—and potentially very serious—reason for prescription drug recalls. If a prescription medication is contaminated with harmful bacteria, this can lead to complications ranging from serious illnesses to vision loss; and, tragically, prescription drug contamination can prove fatal in some cases. Generally speaking, pharmaceutical companies should have quality controls in place to both prevent and detect contamination; and, as a result, when pharmaceutical companies sell contaminated prescription drugs, they can often be held fully accountable.

2. Improper Packaging

Improper packaging is a common reason for prescription drug recalls as well. This includes both: (i) packaging prescription medications in incorrect formulations or dosages; and, (ii) failing to properly seal bottles or vials in order to prevent contamination. Here too, since these issues are generally preventable, pharmaceutical companies can generally be held accountable when they fail to do what is necessary to protect patients’ safety.

3. Improper Storage

Storing prescription drugs at the incorrect temperature or improperly exposing them to light can cause changes in their chemical composition that make them unsafe, ineffective or both. Improper storage is also a common reason for prescription drug recalls—and, in these cases, the entity that is responsible for the improper storage (whether the pharmaceutical company, a healthcare provider or another company) can be held duly responsible.

4. Failure to Identify Risks During Clinical Trials

Before bringing new drugs to market, pharmaceutical companies are supposed to conduct extensive clinical trials focused on identifying all potential patient risks. Unfortunately, pharmaceutical companies don’t always do what is required. Additionally, in some cases, health risks associated with new drugs will not be apparent right away. If a pharmaceutical company fails to identify health risks during clinical trials—whether it did what was required or not—this can lead to a recall and provide clear grounds for patients (and their families) to pursue liability claims as well.

5. Failure to Provide Adequate Warnings

Similarly, regardless of whether a pharmaceutical company is aware of a particular risk associated with a particular drug, it can be held liable for failing to provide adequate warnings to patients and healthcare providers. “Failure to warn” is classified as a type of drug defect, and failure to warn claims have become increasingly common in recent years. These claims can lead to recalls as well.

6. Patient Complaints About Side Effects and Complications

Whether related to contamination, inadequate warnings or other issues, patient complaints about side effects and complications are common triggers for prescription drug recalls. While pharmaceutical companies will occasionally issue recalls on their own, more often than not, recalls only come after patients have experienced side effects and complications that could—and should—have been prevented.

7. A Request from the U.S. Food and Drug Administration (FDA)

Finally, while the U.S. Food and Drug Administration (FDA) often relies on pharmaceutical companies to do the right thing, it will request recalls in some cases. If the FDA requests a recall, this is usually a sign of a serious issue that a pharmaceutical company has either refused to acknowledge or refused to address. While the FDA maintains a list of active drug recalls, only a small percentage of these recalls are the result of FDA requests.

Again, while these are all common reasons for prescription drug recalls, these are not the only reasons why a medication might be recalled. Various other issues can lead to drug recalls as well—and these issues can also potentially entitle patients (and their families) to just compensation.

Were You Harmed By a Recalled Prescription Drug? You May Be Entitled to Financial Compensation

If you have been harmed by a recalled prescription drug, you may have grounds to take legal action. While every recall is unique, pharmaceutical companies (and other entities) can be held liable for serious side effects and complications caused by recalled drugs in many cases.

To find out if you are eligible for financial compensation, you should consult with a drug recall lawyer promptly. It should not cost you anything to find out if you have a claim. If you have a claim, you should be able to hire a lawyer to represent you on a contingency-fee basis, which means that your legal fees (if any) will be deducted from your settlement or verdict if your case is successful.

Discuss Your Legal Rights with a Drug Recall Lawyer at Searcy Denney for Free

Do you need to know more about your legal rights related to a prescription drug recall? If so, we encourage you to contact us promptly. To speak with an experienced drug recall lawyer at Searcy Denney in confidence, call us at 800-780-8607 or request a free consultation online today.