Drug Recalls
Millions of Americans use prescription and over-the-counter medications for various ailments, diseases, and medical conditions. In most instances, those drugs prove to be beneficial in restoring health and prolonging lives. However, that is not always the case--especially when drug manufacturers knowingly or unknowingly release defective drugs into the marketplace. In these cases, a personal injury attorney is often consulted about the legal recourse available to victims of drug recall injury.
Defective drugs are increasingly common, causing harmful, sometimes deadly side effects, including birth defects, heart attacks, heart palpitations, liver and kidney failure, memory loss, and strokes. Sometimes, drug defect accidents result from negligence by the manufacturer. In other instances, a drug's dangers surface only after hundreds or thousands of consumers suffer from newly recognized side effects. The Food and Drug Administration (FDA), which regulates drugs in the U.S. marketplace, is responsible for ensuring the safety of the public. In situations where a drug presents an unreasonable risk of substantial harm, the FDA may issue a safety alert. In the most serious cases, the FDA may initiate a recall that removes a drug from the market.
Examples of defective drugs recalled from the marketplace are far too numerous. For example, tainted batches of the blood-thinner Heparin were recalled, after being linked to dozens of U.S. deaths. In another instance, a recall was issued for the heart drug Digitek, after the manufacturer disclosed that some tablets might have been released with toxic levels of digitalis, the medication's active ingredient. In addition to these medications, recalls also were issued for many other widely prescribed drugs such as Paxil, Rezulin, Zyprexa, Ortho Evra, Ritalin, Baycol, Trasylol, Bextra, Celebrex, Vioxx, and Fen-Phen.
When a defective drug injury or drug recall accident occurs, a thorough investigation and evaluation of cause and liability--conducted by a personal injury attorney with direct experience handling drug recall accidents and injuries--is always the best way to proceed. Once the cause and severity of the injury or damages is determined, a drug-recall injury lawyer and the victim can reach an informed decision about whether or not to pursue a lawsuit or other legal option.
All defective product liability cases are extremely complex, expensive to prosecute, and vigorously defended by manufacturers. Lawsuits against large pharmaceutical companies are especially so. There are three levels of recalls based on the relative health risk: Class I recalls are issued on drugs that have a reasonable probability of causing serious injury or death. Class II recalls cover drugs that have a chance of causing a temporary health problem or that pose only a slight threat of a serious nature. Class III recalls are issued on drugs that are unlikely to cause any adverse health consequence but that violate FDA labeling or manufacturing regulations.
Unfortunately, most recalls do not occur until after countless patients have taken the defective drug. It is often the case that neither the patient nor the patient's doctor knows the full extent of the drug's dangers. In such situations, the drug manufacturer can be held responsible for any injuries caused by the defective drug because manufacturers must exercise reasonable care in the design and manufacture of their products. Responsibility also falls on manufacturers that insist on keeping their products on the market even after receiving reports that the drug may be harming consumers.
The skilled personal injury lawyers and defective product injury attorneys at Schwartz Zweben LLP have successfully represented many victims of defective drug injuries and drug recall accidents who seek prompt, fair and just compensation. They understand the complexity of investigating, litigating, negotiating, and resolving drug recall injury claims and are fully knowledgeable of the liability issues, defense strategies of drug manufacturers, and legal options involved. In addition, the law offices of Schwartz Zweben LLP and its affiliate law firms have a team of investigators and consultants with the experience and knowledge to successfully and independently investigate any injury caused by any defective drug. As a result, our qualified drug-recall injury attorneys have consistently recovered substantial damages for our clients injured by defective pharmaceutical products.
If you are injured or harmed by a defective drug, or if someone in your family died after taking a drug that was recalled, contact the law offices of Schwartz Zweben LLP. A defective drug injury lawyer on our team can offer you a free, confidential evaluation of your case and advise you of your rights.
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