Consumers trust the U.S. Food and Drug Administration (FDA) to review all medications and approve only those that are safe for use. Unfortunately, a lot of unsafe medications slip through the review and approval process and make it to store shelves and pharmacies. And when they do, patients pay the price.
Some well-known dangerous drug cases include:
- Paxil – increased violent behavior and suicides
- Hydroxycut or Lamisil – liver damage
- Celebrex – heart attack and stroke risk
- Crestor – liver damage, diabetes, muscle disorders
- Risperdal – gynecomastia, diabetes, stroke, weight gain
- Accutane – depression and suicide
If a drug manufacturer inadequately tests its product before sending it to market, conceals dangerous side effects, or fails to adequately warn consumers, it could be liable for the complications and serious side effects that patients suffer.
Buttafuoco & Associates has been helping injured people since 1981. In our 35 years of experience, we have helped patients and their families hold pharmaceutical companies accountable for the harm they cause when they rush drugs to market, do not warn of serious side effects, or fail to recall dangerous medications. If you think a dangerous drug caused your injuries, call us at 1-800-NOW-HURT to speak with a drug injury lawyer in New York.
Do I have a good case against a drug manufacturer?
A dangerous drug claim needs to establish that the manufacturer acted negligently or willfully to mislead consumers. Generally, a dangerous drug lawsuit alleges negligence based on one or more of the following:
- Problem with the manufacturing process – Tainted or otherwise poorly manufactured drugs can cause serious side effects. For example, in 2012, investigators became aware of a fungal meningitis outbreak associated with epidural steroid injections created by New England Compounding Center. One of the drugs in the injections – methylprednisolone (MPA) – was tainted with fungal matter.
- Serious side effects – In many cases, lawsuits allege that drug manufacturers knew of serious side effects associated with the medication, but failed to report or warn of it. Even if the manufacturer was not aware of the side effects, consumers may still hold the manufacturer strictly liable for their injuries.
- Improper marketing – Inadequate warnings or instructions, or marketing a drug for off-label use – that is, one for which it is not approved – constitute improper marketing.
Some patients may even pursue compensation on the grounds of strict liability, such as if the manufacturer was not negligent and did not conceal side effects, but the drug caused serious and unexpected side effects anyway. Pursuing a dangerous drug case requires evaluating all available legal avenues to identify the most appropriate path.
Should I sue a doctor or pharmacist for prescribing or dispensing the dangerous drug?
While many dangerous drug cases involve drug manufacturers, some medication-related cases may also involve doctors or pharmacists. But to hold a doctor or pharmacist liable for a medication-related injury, you will have to prove they acted negligently – that is, did not follow the standard of care. Here are some examples:
- The doctor prescribed the wrong medication.
- The doctor prescribed an unsafe dose.
- The doctor or pharmacist failed to consider drug allergies when prescribing the drug or filling the medication.
- The doctor or pharmacist failed to consider the drug’s interactions with other drugs you are taking.
- The pharmacist filled the prescription for the wrong drug, such as one with a similar-sounding name.
- The pharmacist filled the prescription in the wrong dosage.
If you believe your injury was related to a doctor or pharmacist’s error and not a dangerous drug, visit our medical malpractice section for more information about your case.
Should I hire a lawyer to file my dangerous drug claim?
Drug manufacturers have a lot at stake when faced with lawsuits alleging their medications are unsafe. Needless to say, they fight tooth and nail to disprove these allegations and deflect or avoid liability.
Claimants need to present clear and convincing evidence when alleging poor manufacturing processes, failure to warn of side effects, improper marketing, or even when trying to prove strict liability. Proving liability is no easy feat.
Our dangerous drug lawyers acquire and dig through company testing procedures, study results, internal communications, and more to investigate manufacturers of dangerous drugs. We work with medical experts, pharmaceutical experts, and gather all other available documentation of your injuries and the drug company’s liability.
So if you became injured after taking a dangerous medication, talk to a lawyer at our firm. We will discuss your legal options, including joining other injured patients in a class action or mass tort claim. Call us at 1-800-NOW-HURT. There is no risk in making the call; we offer free, no-obligation consultations to learn about their case and explain how we can help.