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In recent years, there has been an alarming increase in the number of product liability cases, especially drug product cases, which involve injuries or ill health caused due to defective or dangerous drugs and medicines.
If so, you may have a possible legal case against the manufacturer of the potentially dangerous drug or medical product. Simply fill out the short form below and an experienced legal expert will contact you as soon as possible!
All drugs and medicines that are sold in the United States, irrespective of whether they are over-the-counter drugs or prescription medicines, have to be tested and researched by the respective manufacturers before they are available in the markets for the use of the public. Such tests have to be in conformity with certain rules and regulations laid down by the Food and Drug Administration (FDA) of the United States.
The rules established by the FDA are considered as industry standards for the manufacture of any drugs, but just because a particular drug was passed and licensed to be sold by the FDA, does not mean that the manufacturer of such a drug cannot be held responsible in a drug product liability case if such a drug has proved to be defective and has caused harm to any user.
Proving Liability in Drug Product Cases
It often becomes difficult to prove liability in a drug product case as there are so many people responsible for the drug reaching the end user. First and foremost there is the manufacturer of the drug; after whom there are a number of intermediary people who have a part in the drug being used by the end user. These people could either be a doctor who prescribes the drugs, a nurse who informs patients about the correct usage of the drug, or a chemist who fills out a prescription and supplies the drugs to the patients.
Due to so many people involved in the process of making the drug available to the patient, the lines of responsibility become very vague and there is added difficulty in proving liability and in determining who might be at fault for the injuries of the patient due to the defective drugs.
Drug Manufacturers Role in Drug Product Cases
The manufacturers of any medical drugs or medicines have a duty to warn about any possible side effects or dangers of taking their drugs. They have to warn about side effects that they know can occur but are not expected to warn about any unknown dangers. Many a times, the drug manufacturers complete this responsibility of theirs by warning doctors and pharmacists about the possible dangers of any drug. It then becomes the duty of the doctor or pharmacist to educate their patients about the possible side effects of such drugs.
As the manufacturers of drugs have the best knowledge about their products, they are expected to keep themselves continuously updated about their products and warn medical professionals if there is reason to believe that any drug may be dangerous.
Exceptions in Drug Product Cases
While it is true that any drug or medicine that is defective or dangerous and which has caused an injury, can be the basis of a drug product case, there are some exceptions to this rule. Such drugs are known as ‘Unavoidably Unsafe Drugs’.
Unavoidably unsafe drugs are those drugs which are very beneficial to patients in spite of having harmful side effects but it is not possible to make them absolutely safe for the use of the public. If such drugs are made as per the FDA criteria, and if they are sold with the proper warnings, then such drugs cannot be the basis of a drug product case; at least not of any successful drug product case.