Over-the-counter and prescription drugs are used by millions across the United States (U.S.) to alleviate pain, treat chronic illness, and cope with many physical, emotional, and mental issues.
When these drugs are used, patients trust the medications will not harm them. Yet, the U.S. Food and Drug Administration (FDA) reports that since 2012 over 1200 drugs have been recalled per year.
The FDA utilizes drug recalls to protect the public from defective or potentially harmful drugs.
What is a Defective Drug? What Injuries Can They Cause?
A defective drug is a prescription or over-the-counter medication whose health risks outweigh the benefits. Labeling a drug defective doesn’t mean it isn’t effective at treating the disease or symptom advertised. The issue is about the severe, and possibly deadly, side effects.
For instance, a drug that is advertised to lower and control cholesterol may do that, but it also may cause a heart attack or stroke. Additional side effects common to defective drugs include:
- Birth defects
- Blood clots
- Cancer
- Death
- Internal bleeding
- Memory loss
- Mental health issues
- Seizures
Unfortunately, this isn’t a complete list. Countless other side effects negatively affect the lives of patients.
How a Defective Drug Lawyer Can Help Your Case
Proving a drug is defective can be challenging. Your attorney will help you establish your case by proving three key things:
- Your injury. This can be easily determined by providing proof of your medical diagnosis.
- The drug was defective because of a manufacturing defect or adverse side effect.
- The drug and nothing else caused the injury.
Too often, pharmaceutical companies put profits over patients. An experienced injury lawyer will secure medical experts to provide testimony and apply their knowledge of medical malpractice and product liability laws to right the wrongs caused to you and your family.
Do defective drug injuries always have to be handled with a class action suit?
Yes and no. Defective drug cases are often handled as a “mass tort case” rather than a traditional class action lawsuit. A mass tort case is treated as a class action lawsuit on the individual level but begins to differ once the case is in court.
Attorney Michael Timberlake explains further in the video below.
Examples of Well-Known Defective Drug Cases
You may wonder whether contacting an attorney is in your best interest or even worth your time. Here are some examples of cases that you may have seen or heard about. These lawsuits were filed because of patient injury.
Accutane is a drug that treats acne. Lawsuits claimed it caused irritable bowel disease, Crohn’s disease, pancreatitis, and birth defects.
Zantac is an antacid drug. Lawsuits claimed it caused cancer.
Seroquel is an antipsychotic used to treat bipolar disorder, sleep disorder, anxiety, and post-traumatic stress. Lawsuits claimed side effects such as diabetes, pancreatitis, and hyperglycemia (high blood sugar).
Drugs that have additionally been the focus of lawsuits include:
- Abilify
- Belgian
- Celexa
- JUUL Vaping Pods
- Lipitor
- Losartan
- Paxil
- Prevacid
- Xarelto
- Zoloft
Filing a lawsuit against pharmaceutical companies is not for the faint of heart. There is a great degree of medical information to be investigated, including how the drug affects the victim’s body, its interaction with other medications, and whether the defendant’s medication caused an injury.
Therefore, working with skilled attorneys that have proven records of success is key to protecting your rights. It also helps to ensure that you will be compensated fairly. Contact the experienced attorneys at the law office of Timberlake & League. We can help.
