Pharmaceutical companies are producing and marketing new drugs at an increasingly high rate. In their haste to profit from a highly competitive market, drug manufacturers sometimes do not perform adequate testing on the drugs before marketing and selling them to consumers.
As a result, dangerous or defective drugs are sold to consumers, causing serious injury or death to unwary consumers. All too often, Fort Myers personal injury lawyer Randall Spivey has seen the after-effects for consumers who have been severely injured from taking prescription medications.
Examples of Known Defective Drugs
Some of the known defective drugs include:
- Tenofovir Disoproxil Fumarates (Atripla, Complera, Stribild,Truvada, and Viread)
- Levaquin, cipro, Avelox
- Losartan and Valsartan
- Proton Pump Inhibitors (Nexium, Prevacid, Prilosec, Aciphex, Protonix, Zegerid, and Dexilant)
- Testosterone Medications, Testosterone Therapy
- Zofran and Depakote
- JUUL Vaping Pods
How Drugs Are Approved
The government regulates prescription drugs to ensure they are not defective or unreasonably dangerous. Nonetheless, each year, thousands of injuries and deaths are caused by FDA-approved drugs that have later been proven dangerous or defective.
The number of defective products on the market are often connected with the FDA’s expedited testing process, known as “501(k),” which can bring a drug to the public with minimal testing. Inadequate testing leads to harmful side effects that go undiscovered and may make an existing health condition worse or cause death in the worst-case scenario. The FDA may also rule that a drug’s benefits outweigh its harmful risks, even when death is a known possibility.
Consequences of Defective Drugs
Defective or improperly prescribed drugs can have life-altering negative side effects that cause:
- Birth defects
- Heart conditions
- Heart attacks
- Memory loss
- Organ Perforation (where the wall of an organ is completely penetrated)
- Mental health problems
- Untimely death
Claims Our Fort Myers Defective Drug Lawyer Will Handle
Numerous prescription drugs have been recalled due to defects and dangers. Unfortunately, these defective drugs often reach the hands of consumers before they are recalled by the U.S. Food & Drug Administration or by the drug manufacturers themselves. This problem is often due to the failure of the drug companies to properly test the drugs before selling them.
In other cases, drug companies are aware of potential consequences or side effects but fail to adequately warn consumers of these risks through packaging, warning labels, or information delivered to physicians with the drugs. The bottom line is that drug manufacturers are putting profits over safety, which is ultimately harmful to the consumer.
Defective Drug Liability
Defective drugs fall under the legal category known as product liability, in which negligent manufacturers or companies are held responsible for distributing a defective product to consumers. When a product’s use causes unexpected harm or danger to a person, its manufacturer or seller can be held responsible for all resulting damages.
Product liability claims fall into one of three categories:
- Manufacturing Defects. These defects occur when a product, drug or device is manufactured improperly or becomes contaminated during the process.
- Design Defects. These defects occur when a product, drug, or device is manufactured correctly, but its side effects result in harm or injury.
- Failure to Warn. These defects occur when a product, drug, or device is defectively marketed, including a failure to provide sufficient or appropriate instructions, warnings, or recommendations for the use of the product, drug, or device.
Who Is to Blame for My Injury?
The manufacturer, not the FDA, is responsible for ensuring a drug’s label is properly updated to protect public safety. Responsibility for a dangerous or defective product can be traced up a chain of distributors to the manufacturer.
- The Manufacturer. Drugs are a global multi-billion-dollar business and are often rushed to the market for quick and substantial profits. Even with their vast resources, pharmaceutical companies may inadequately test their products for safety, causing injury to millions of people.
- The Laboratory that Tested the Drug: Every drug must undergo a series of safety tests before being marketed or sold. If this research fails to identify a defect in the drug or find the defect and ignore it, the lab administering these tests can be held responsible for consumers’ injuries.
- The Sales Rep Who Sold the Drug to Healthcare Providers. If the company selling the drug fails to warn your healthcare provider about possible side effects or does not adequately advise them on how to take the drug, they may be liable for your injury.
- The Doctor, Hospital, or Clinic that Prescribed the Drug. These entities issue the prescription for the drug. If they fail to provide adequate warning of potential side effects or advice on the drug’s use, they may be liable for injuries caused by the drug.
- The Pharmacy that Issued the Drug. The pharmacy is often the last point in the chain of distribution and bears the final responsibility of advising consumers about using the drug. Failure to provide you with adequate information regarding the drug’s use may constitute liability on the pharmacist’s part.
Defective Drug Cases Can Be Complex
Defective drug cases can be highly complex and involve a great degree of medical information with respect to a victim’s condition and injuries, as well as how the drug in question interacts with other drugs and affects the human body.
Therefore, it is essential that individuals who have suffered a serious injury due to defective drugs work closely with an experienced Fort Myers and Naples personal injury attorney who has a track record of success with these types of cases. Fort Myers and Naples personal injury lawyer Randall Spivey has years of experience in defective drug cases and the resources and connections with medical experts who can help build a strong personal injury claim on your behalf.
Consult a Fort Myers Defective Drug Lawyer
If you or a family member has suffered injury or death as a result of a dangerous or defective drug, contact Spivey Law Firm, Personal Injury Attorneys, P.A. at (239) 337-7483 or statewide (888) 477-4839, immediately for a free consultation. We will take your case on a contingency basis, which means that you pay no upfront fees or costs unless you are awarded compensation in your case. Review our settlements and verdicts page to view the results of defective drug cases and other personal injury cases that Fort Myers defective drug attorney Randall Spivey has handled.