Dangerous Drugs and Defective Medical Devices: Who Is Liable for Your Suffering?

As our technology and knowledge of pharmaceutical science grows at an exponential rate, prescription drugs for every ailment, both physical and mental, flood the market. There seems to be a pharmaceutical answer for everything now, so many people who thought that they had no hope are now able to turn to a cutting-edge prescription drug to improve their quality of life.

While the science behind medicine has truly been remarkable, the monetization of the pharmaceutical industry has led to an influx of drugs hitting the market as soon as they are approved by the Food and Drug Administration (FDA). Unfortunately, with so many drugs on the market, it can be very difficult to predict the side effects and drug interactions of each new product, so many drugs hit the market before they have been thoroughly tested.

What Is a Drug Recall?

Sadly, drug recalls are often reactionary in nature, being put into effect after several people have dangerous adverse reactions. The Food and Drug Administration tracks and catalogues these adverse drug reactions from a voluntary reporting process involving physicians and pharmacists. If the FDA notices a trend in adverse reactions to a particular drug, or if the drug manufacturer realizes that there was a mistake in the manufacturing process, the FDA issues a recall.

A drug recall removes the affected drug from the market, which can be costly, so the recall is usually issued when there is are high odds that the drug will cause serious injury or death. The FDA classifies drug recalls into three categories:

  • Category III: Using or being exposed to the drug is not likely to cause an adverse reaction.
  • Category II: Using or being exposed to the drug will probably not cause serious health problems; any health problems that do arise are likely temporary or reversible.
  • Category I: Using of being exposed to the drug is likely to cause serious injury or death.

What Courses of Action Are Available If You Have Been Hurt by Defective Drugs?

As a consumer, you have a right to assume that products on the market are safe, including your prescription or over-the-counter drugs. If you have been hurt by a defective drug, you may be able to file a claim based on negligence, product liability, or breach of warranty on behalf of the manufacturer, seller, or distributor. If your loved one has died as the result of a recalled drug, you may be able to file a wrongful death suit.

While there are hundreds of drugs that have been recalled this year, there are others that are still causing severe adverse reactions and death that have yet to be recalled. Recent dangerous drugs in the news include:

  • Xarelto
  • Pradaxa
  • Risperdal
  • Topamax
  • Granuflo
  • Testosterone therapies
  • Actos

…and many more

If you or someone you love has been seriously injured by a defective drug, you may be able to recover damages for your medical expenses, lost wages, and pain and suffering. At Kennedy Hodges, L.L.P., our pharmaceutical injury lawyers are highly skilled and experienced in defective drug injury litigation. To speak with an attorney about your case, call us at 855-947-0707 for a complimentary consultation.