A defective drug is a prescription or over-the-counter (OTC) medication that has the potential to cause serious injuries to unsuspecting consumers. These injuries may be caused by a defect in the drug, or because of incomplete or inadequate warnings regarding proper use. In many cases, it can take years or even decades to determine whether a drug is dangerous, which is too late for individuals and families who have suffered as a result.
Responsibilities of Doctors and Pharmaceutical Companies
It is the responsibility of the drugmaker to perform the appropriate tests before submitting a product for approval to the FDA. Pharmaceutical companies must also include potential side effects and warnings on the drugs’ labeling, so consumers are aware of any risks that come with using the product.
Doctors and pharmacists also have the responsibility of ensuring that their products do not cause harm to the public. Pharmacists are responsible for issuing the accurate dose of the correct drug. Doctors are responsible for prescribing the best medication for the patient’s specific injury or illness. This is crucial because certain medications have the potential to cause dangerous side effects, while others can cause long-term or even permanent damage to the user.
FDA Approval: Not a Guarantee of Safety
Many people incorrectly assume that when a medication receives approval from the Food & Drug Administration, it is safe to use. Unfortunately, this is rarely the case. Whether a company pressures the FDA for approval, omits critical safety data, or fails to include adequate warnings, that company should be held accountable. At Schmidt & Clark, LLP, we will fight to hold manufacturers of defective drugs accountable for their negligence, and obtain the compensation you and your family deserve. Our firm is currently accepting new claims against the manufacturers of the following prescription drugs, over-the-counter medications, and dietary supplement products: