Pharmaceutical Liability Law
Pharmaceutical Liability
Manufacturers of prescription drugs and over-the-counter medications may face legal liability if their products injure people. Some drugs are simply “bad drugs,” that is, these medications have the potential to cause long-term damage because of a defect in design or error during the manufacturing process or they have somehow become tainted. The fact that a drug is approved for use by the Food and Drug Administration (FDA) is no guarantee of its safety. The FDA does not conduct independent tests on new drugs and is almost entirely dependent upon the manufacturer of the drug for the data necessary to demonstrate its safety. As result, bad drugs are often marketed to the public and prescribed by physicians before dangerous side effects are discovered or even fully researched.
Drug companies may be sued if someone has been injured or has died as a result of using a prescription drug or over-the-counter drug. There are various causes of action that may be brought against a drug manufacturer including negligence, misrepresentation, breach of express warranty, breach of implied warranty, and strict products liability. Attorneys at the Mueller Law are available to discuss your case and help to form a litigation strategy that maximizes your chance of recovery.
Drug products that are correctly designed and manufactured may still be dangerous if drug companies do not adequately warn of side effects associated with them. This failure-to- warn has been the focus of intense interest since the U. S. Supreme Court recently ruled that patients who are injured by a drug can sue the drug’s manufacturer for damages, even if the drug has been granted FDA approval. In Wyeth v. Levine, the Court upheld $6.7 million in damages to a Vermont musician, Diana Levine, who had to have her arm amputated after Wyeth’s Phenergan anti-nausea drug was injected using IV push administration and hit an artery causing gangrene. The Court held that Wyeth could have modified the label for Phenergan to strengthen the warning against IV push administration without violating federal law.
Many dangerous drugs have made news as the result of market recalls and or warnings issued by the FDA regarding the serious health risks and side effects associated with the medications. On June 16, 2009, the U.S. Food and Drug Administration advised consumers to stop using three over-the-counter Zicam cold remedies that contain zinc because they are associated with the loss of sense of smell (anosmia). Anosmia may be long-lasting or permanent. The products are:
Zicam Cold Remedy Nasal Gel
Zicam Cold Remedy Nasal Swabs
Zicam Cold Remedy Swabs, Kids Size
The following is a list of other dangerous drugs that can affect your health or the health of a loved one:
Accutane: a medication manufactured by Hoffman-LaRoch to combat severe forms of acne. Accutane has been associated with severe psychiatric and physical problems.
Avandia: also known as Rosiglitazone, Avandia is a blood sugar control medication used for Type II diabetes patients. Studies suggest that the drug significantly increases the risk of heart attacks and cardiovascular death.
Cialis: a medication used to treat impotence and erectile dysfunction in men, Cialis has been linked to a form of blindness called non-arteritic anterior ischemic optic neuropathy (NAION) caused when blood flow is blocked to the optic nerve.
Fosamax: is an osteroporosis drug that has been linked to the development of osteonecrosis of the jaw, or ONJ, a rare and serious condition that causes breakdown and death of the jaw bone (known as “dead jaw” syndrome).
Gadolinium: a contrast agent used in MRI’s linked to nephrogenic systemic fibrosis/nephrogenic fibrosing dermopathy (NSF/NSD) in patients who suffer from severe kidney disorders.
Reglan: also known as Metoclopramide is used to treat gastrointestinal disorders. Serious side effects include tardive dyskinesia which involves involuntary movement in the fingers, hands, toes, feet, arms, legs, shoulders and trunk as well as difficulty in walking, talking, breathing and swallowing. There is no known cure.
Raptiva: a medication developed to help with the treatment and management of psoriasis. Genentech suspending sales Raptiva in the U.S. due to its links to a rare brain infections (progressive multifocal leukoencephalopathy (PML)), as well as viral meningitis, bacterial sepsis and invasive fungal disease.
Seroquel: or quetiapine fumarate is an antipsychotic medication that has been approved by the FDA to treat schizophrenia and bipolar disorder. Serious side effects of Seroquel include the development of diabetes, pancreatitis, tardive dyskinesia or death.
Trayslol: is a clotting drug that is used during heart bypass surgery to prevent bleeding. Studies have shown that Trasylol can increase the risk of kidney failure, heart attack and stroke.
If you or someone you know suffered injury or death because of one of these drugs or any dangerous drug, please contact Mueller Law for a free consultation.