A defective drug is a prescription or over-the-counter medication that causes physical, psychological or emotional injury. These injuries may be a result of a defect in the drug, or because of incomplete labeling or insufficient warnings.
Defective drugs can be either over-the-counter medications or prescription drugs. Sometimes it can take years to determine that a drug is dangerous. When this occurs, it is often too late for the people who have suffered as a result.
Responsibilities of Doctors and Drug Companies
It is the drug manufacturer’s responsibility to authorize the appropriate tests before submitting the drug for approval by the Food and Drug Administration (FDA). A drug manufacturer must also include any potential side effects and warnings on the label, so consumers are made fully aware of any risks associated with that product.
Pharmacists and doctors also have the responsibility to ensure that their products do not cause harm. A pharmacist is responsible for issuing the accurate dosage of the correct medication. Doctors are responsible for prescribing the best medication for your injury or illness. This is important because some drugs have dangerous side effects, while others have the potential to cause long-term damage.
Product liability laws hold the manufacturers, wholesalers and distributors responsible for developing and dispensing defective drugs. A drug may be defective because of design flaws, manufacturing defects and insufficient labels and warnings.
When a Drug is Considered "Defective”
The FDA will investigate a potentially dangerous drug, and determine whether its side effects outweigh the drug’s intended benefits. When this happens, the FDA will issue a drug recall. Sometimes the recall will remove a drug from the market; other times the recall will require additional warnings be written on the labeling information.
Common Defective Drugs
Several dangerous drugs include:
- Ortho Evra
- Zicam cold remedies
FDA Approval Does Not Guarantee a Safe Drug
You must understand how a defective drug can harm you and impact the lives of you and your family. A defective drug can cause physical and emotional pain, unnecessary medical costs and missed work.
Many people incorrectly believe that when a drug gains FDA approval, it is safe for everyone to use. However, few drugs are safe for everyone. Whether a manufacturer has pressured the FDA for approval, omitted pertinent information, or fails to include safety warnings, that company should be held accountable. At The Cochran Firm, we will fight to hold that manufacturer responsible and get you the money you and your family deserve.