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Prescription Drug Injury Lawyers

Personal injury lawsuits can arise from a wide variety of situations, ranging from automobile accidents to wrongful death. A legal action known as a product liability claim addresses injuries caused by a product. The person injured by a product may have a claim against the manufacturer or seller of that good.

One of the more common product liability lawsuits involves prescription drugs and over-the-counter drugs. Defective drugs taken by an unsuspecting consumer can cause harmful side effects, resulting in serious injury or even death. Some of the side effects that have been linked to defective drugs include birth defects, heart attacks, insomnia, memory loss and strokes.

Drug manufacturers have a duty to test their product before releasing it into the marketplace. The testing standards are devised by the Food and Drug Administration (FDA), a federal agency charged with making sure that drugs are safe and effective for their proposed purpose. Drug manufacturers also have a duty to warn of any side effects that the drug is known to cause. Unfortunately, some manufacturers are concerned only with making a profit and may downplay or hide any specific health risks associated with their product.

The FDA has regulatory oversight over all drugs released for public sale. In situations where a prescription drug or over-the-counter drug presents an unreasonable risk of substantial harm, the FDA may issue a safety alert. In serious cases, the FDA may issue a recall that removes a drug from the marketplace. 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 are issued on 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.

Drug injuries may result from improper manufacturing of a drug. For example, Digitek tablets made a certain facility were recalled because they were double the appropriate thickness and, therefore, twice as strong. That exposed patients to the risk of Digitalis Toxicity, a potentially fatal condition. Injuries can also occur when approved drugs are later found to have unexpected problems, such as the increased suicide risk for patients taking Celexa.

Recently, warnings and recalls have been issued about several popular drugs including:

  • Anti-anxiety drugs such as Celexa, Lexapro, and Paxil
  • Anti-diabetic drugs such as Rezulin
  • Anti-psychotic drugs such as Zyprexa
  • Birth control patches such as Ortho Evra
  • Children’s ADHD drugs such as Ritalin
  • Cholesterol lowering drugs such as Baycol
  • Heart related drugs such as Digitek, Heparin, and Trasylol
  • Osteoporosis prevention drugs such as Fosamax
  • Pain relievers such as Bextra, Celebrex, and Vioxx
  • Weight-loss drugs such as Fen-Phen

If you or someone you love has taken a defective drug, the most important thing to do is contact a health care professional immediately for medical advice. While continuing to take such a drug can be dangerous, suddenly stopping can also be hazardous. Once your health has been evaluated, you should consider contacting a prescription drug attorney to discuss your options. Product liability claims based on prescription and over-the-counter drugs can be quite complex. Additionally, every state has its own deadline by which a claim must be filed or else the claim is barred.

If you or a loved one has been harmed by a prescription drug or over-the-counter drug, contact a prescription drug lawyer today.

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