What to Do When You Are a Victim of Defective Drugs
The damage caused by faulty drugs can be devastating and fatal. The consequences of taking the drug may be immediate, or arise slowly over the years. A defective medicine is any medication that injures a person and can cause mental, physical or emotional harm. How do these injuries happen and why? Some sources can trace the damage. Perhaps the dosage was incorrectly marked or mislabeled. Maybe the defect of the drug was caused by inadequate production methods. Whatever the reason, it can be challenging to identify who is wrong when a defective medication wounds a party.
Contact a personal injury lawyer in OKC if you find any such defective drug incident where legal interference is needed.
The Approval Process for Drugs
In 1962, a sleeping pill called thalidomide, which was not approved for use in the US because of Dr. Frances Kelsey's efforts at the FDA, resulted in the birth defects of several thousand babies, after their mothers had taken the drug during pregnancy in western Europe. In reply, Congress adopted laws requiring pharmaceutical manufacturers to show the FDA that any new medication is safe and effective before it is available to the US.
A team of doctors, chemists and other scientists at the FDA Center on Drug Evaluation and Research examine the results of the limited tests. If the results of this trial show a safety level and a measurable health benefit, the FDA may approve the drug.
Who Are Liable for Defective Drugs?
Defective drugs fall under the so-called product liability category of practice, which refers to the responsibility of negligent producer companies or companies who present faulty products to consumers. If the use of a product leads to unexpected harm or hazards, any damages that result from it may be borne by its manufacturer or seller.
Claims for product liability fall into one of three categories:
Manufacturing defects occur when the product, medicine, or apparatus is incorrectly manufactured or contaminated and damages the user. The manufacturer shall perform tests on the drug if the medicine is made. The objective of the test is to determine whether the drug has possible side effects. Known side effects must be listed so that consumers can choose whether to take the medication or not in an informed manner. If a drug has been tested carelessly or inadequately and marketed and injuries are reported, then the producer may be held responsible.
Design defects, or harmful side effects, occur when a drug is produced correctly, but its adverse effects are dangerous or injurious. The responsible party may be liable for damages not only for injuries but also for criminal punishment if the side effects are hidden.
In the absence of warning, including poor marketing, there are not enough or suitable drug use guidelines, warnings or suggestions. The manufacturer begins warning that the medication must be labeled appropriately. Clear and understandable warning labels and instructions must be provided. Furthermore, doctors must ensure that the drugs they prescribe are safe. They must be professional. The recommendations for a prescription should be made by the doctor's judgment for each patient, and any allergies or medications that the patient might have been or currently on should be considered.
You may have the right to reparation for your pain, suffering, and losses if you have been injured or worse by a prescription drug. This compensation can help the economic importance of:
Pain and physical suffering
Funeral costs, in case of a fatal incident
The West Law Firm's personal injury lawyer in OKC has a strong background of experience and are aggressively fighting for the rights of the harmed. You become a critical focus of our legal team when we deal with your case, and we work with you at any stage. We're ready to litigate it before the court to win you justice, financial assistance, and closure.
** Disclaimer: The above article does not imply a relationship between attorney and client, nor is it legal advice.