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drug_recall defective-drug-faqThe following are some frequently asked questions about defective drugs to help you gain a greater understanding about this type of legal case.
Many commonly prescribed medications on the market today have been recalled due to drug defects that cause serious adverse side effects including death. In many cases, the drug manufacturers are aware of the dangers their products pose, but choose to conceal this important safety information from the public. If a significant number of serious injuries or deaths are reported in relation to certain drugs, the Food and Drug Administration launches an investigation to determine whether the drug is defective.
A defective drug is one whose potential risks outweigh its intended benefits.
When the serious dangers of a drug are discovered, however, it is not always taken off the market. In many cases, a warning is added to the labeling and the drug continues to be sold and prescribed to consumers who may not be aware of the dangers posed by their medication.
How do defective drugs get on the market?
Unfortunately, many drug manufacturers, driven by money, will streamline test information and downplay or conceal adverse side effects found in their studies in an effort to speed up FDA approval. Furthermore, once the FDA is reviewing the drug, they fail to conduct adequate follow-up research or don''t have enough time to perform a rigorous screening of the product, which may lead to the approval of defective drugs. Many researchers who publish the findings of clinical drug trials are not given all the data available, which can lead to a skewed safety profile about the drug.
What are the responsibilities of drug manufacturers?
Drug manufacturing companies have a responsibility to adequately test each product before seeking FDA approval. In addition, drug labels must properly disclose all information about the drug and warn consumers of potential side effects to reduce the risks of misuse and adverse events. In many cases, the flaws in defective drugs are based on design or manufacturing inadequacies. Under strict product liability laws, drug manufacturers may be held liable for ANY serious injuries or deaths caused by their products regardless of the care they took to prevent defects.
What are the top 5 most dangerous drugs on the market?
The process to recall a drug is arduous because extensive research is needed to prove the risks of a defective drug outweigh the benefits. In fact, many drugs on the market today pose serious side effects to the millions of people who continue to take them.
In November 2004, the FDA''s Director of the Center for Drug Evaluation and Research, Dr. David Graham, revealed the top five most dangerous drugs on the market today:
Accutane, Crestor, and Serevent carry a “black box” warning, the strictest health warning short of a recall used to alert consumers to the serious risks associated with the drug. Since Dr. Graham''s “call out” in 2004, Bextra has been recalled.
What are some ways to avoid injury from a defective drug?
Unfortunately, if you take prescription medications, you are at risk to the dangers they may pose. However, there are certain steps you can take to help reduce the chances of injury from a defective drug. The most important thing you can do is communicate with your doctor or health care professional. Be sure to give your complete medical history, a list of the current drugs and supplements you are using, and lifestyle information. Also, ask questions about the risks and benefits of taking the medication. The more information you have, the more you are able to prevent errors that may lead to injury. Never take medications that are not prescribed to you. Never start, change, or stop taking a medication without medical supervision. Abruptly stopping the use of a drug, even if the drug is defective, could result in serious adverse reactions . Be sure to take drugs only as intended. In addition, speak with your doctor to weigh the benefits against the risks of each drug you may take, as it pertains to your individual case.
These days, consumers need to be proactive about gathering important safety information about the drugs they take. With the advent of the internet, a wealth of information about prescription drugs is available.
What are my legal rights if I''ve been injured by a defective drug?
If you or a loved one has suffered serious personal injury from a defective drug you may be eligible to seek compensation for your medical expenses, pain and suffering, loss of income, diminished earning capacity, loss of companionship, and more. Under product liability laws, a drug manufacturer can be held liable for your damages. A qualified and experienced personal injury attorney can help you file a product liability claim. Contact us today for a FREE CONSULTATION to find out how to protect your legal rights and interests.
Do you think you have a claim? If you would like a free case evaluation, contact an experienced defective drugs lawyer today.
Drug Side Effects Information - Legal news and side effect information on commonly prescribed drugs.