According to the American Journal of Health-System Pharmacy, the top five reasons for drug recalls are:
- Contaminated drugs
- Mislabeled drugs
- Drugs that cause adverse reactions
- Defective drugs
- Drugs being too potent or not potent enough
A recalled drug could put you at risk of serious injury or death, and you may have grounds for legal action.
How the Food and Drug Administration (FDA) Defines Drug Recalls
The FDA explains that a recall occurs when a drug manufacturer takes a defective product off the market. Therefore, a recall may be an implicit admission that a drug is ineffective or dangerous in some way.
What Do Recall Classifications Mean?
The FDA divides drug recalls into three categories:
- Class I recall
- Class II recall
- Class III recall
A Class I recall occurs when a drug has the potential to inflict serious or life-threatening health problems. A Class II recall happens when a drug may cause a temporary medical complication that could escalate to a serious health risk. A product that fails to adhere to FDA labeling or manufacturing laws may trigger a Class III recall.
Class I and Class II recalls may generally be the clearest grounds for a lawsuit. However, some Class III recalls could also warrant legal action.
What Health Problems Can Defective Drugs Cause?
This depends on the specific reason for a drug’s recall. A medical professional may inform you whether certain health problems could be due to a defective drug.
For a free legal consultation, call 877-239-4878
Can You Sue If You Consumed a Defective Drug?
You may be able to sue a drug manufacturer based on a defective product. A lawsuit may be especially strong if your lawyer can prove negligence.
A drug manufacturer may have been negligent if:
- It failed to conduct extensive testing on a drug.
- It misinterpreted trial results that indicated a potential defect.
- It ignored indications of a defect.
- It chose to distribute a drug to the public despite knowing that it was dangerous.
- It failed to warn consumers of a drug’s danger.
- It acted in any other unreasonable way that exposed you to risk.
More than one party may be responsible for a dangerous drug.
Who Is Liable for a Recalled Drug?
Liability generally depends on the specific circumstances of your case. Drugs that are flawed may be the fault of the manufacturer. However, other parties, such as pharmacists, may be responsible for drug errors such as:
- Dispensing the wrong type of drug
- Dispensing drugs in the incorrect potency
Other parties, such as doctors, could be liable for drug errors. Such errors may include:
- Prescribing a medication without warning the patient of risks
- Prescribing a drug that is not appropriate for a specific ailment
- Prescribing a drug in inappropriate doses
- Prescribing a drug to somebody who is physically or mentally unsuited for that drug
A lawyer with our firm can consider all of these possibilities as they determine liability.
What Types of Losses Can a Drug-Related Lawsuit Cover?
A lawsuit generally covers any losses stemming from negligence. Regardless of who the defendant in your case is, you may receive compensation for the following damages:
Medical Expenses
Injuries and illness generally cause medical expenses. If your injuries or illness stem from a dangerous drug or drug error, then a defendant may cover your medical costs.
Those costs may include:
- Emergency care for an adverse reaction to a drug
- Ambulance costs
- Treatment for an illness that stems from a dangerous drug
- Hospitalization for illness or injury
- Rehabilitation for injuries from an adverse reaction
Our firm may obtain coverage for any other drug-related medical costs.
Lost Income
Injury or illness may prevent you from working, causing:
- Lost wages
- An inability to complete performance bonuses
- Lost retirement contributions
- Reduced earning capacity
We can determine what fair compensation would look like for you.
Pain and Suffering
Drug-related injury or illness may cause immense pain and suffering. So may the loss of a loved one. Pain and suffering may include:
- Physical pain
- Emotional and psychological pain
- Lost quality of life
- Loss of physical or cognitive abilities
- Loss of communicative abilities
These non-economic losses can cause serious harm, and they may warrant compensation.
Contact our personal injury lawyers today
Should You Hire One of Our Lawyers for Your Drug Recall Case?
A lawyer can complete your case at no upfront cost. Whether your losses relate to a drug recall or drug error, our team may:
- Gather evidence of negligence
- Identify all liable parties
- Determine how much compensation each liable party owes you
- Document and value your losses
- Pursue full compensation
Our firm will allow you to recover by handling your legal needs.
Call Loncar Lyon Jenkins Today
Lawsuits can be time sensitive. It is important that you call in the Strong Arm – Loncar Lyon Jenkins – as soon as you can. Call our team today at (877) 239-4878 to complete a free case review.
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