St. Louis County Tort Drug Litigation Attorney
Home > St. Louis County Personal Injury Resource Center > Tort Drug Litigation
Tort Drug Litigation
When we take prescription or over-the-counter, we do so with the understanding that they will make us feel better or cure our illnesses. However, very often, defective drugs get into the marketplace because pharmaceutical companies do not test them properly. Prescription drugs are a major source of profit for these major drug makers. The Food and Drug Administration (FDA) is the federal agency, which monitors drug makers and pharmaceutical companies. But, there are several dangerous drugs that go under the FDA's radar and make it to the market. All drugs have side effects, but when drugs fail to treat the illness, but instead cause injury, illness or wrongful death, then they are defective. In such cases, victims or their families can seek compensation for their injuries, damages and losses.
Determining that a Drug is Defective
A drug may be considered defective if:
- There are major side effects as a result of taking the drug.
- There was a failure to warn consumers of the potential dangers of the product.
- The dosage is incorrect
- Certain active ingredients are not disclosed
A product will not be considered defective if it causes an injury when used incorrectly or at an improper dosage. If, however, the drug is taken as prescribed and it causes an unexpected side effects or complications, compensation may be available for the injured victim.
Drug Recalls
Individuals who are harmed by a drug may file a report with the FDA. When enough complaints are filed, the FDA will conduct an investigation. If the FDA determines that the drug is dangerous or defective, it may be recalled. The FDA forces some recalls. But a majority of defective drugs are voluntarily recalled by the pharmaceutical companies following an FDA investigation.
Class Action Suits
If enough people suffer from similar side effects from a recalled drug, a class action suit may be filed by victims. It is not, however, always in the best interest of an injured victim to join a class action suit. Anyone injured by a defective drug would be well advised to discuss his or her legal options with a skilled pharmaceutical litigation attorney. If the injuries suffered by the victim are substantially greater than the type of injury most victims have suffered from the drug, the victim may want to file a suit separate from the class action suit.
Examples of Dangerous Drugs
The FDA lists all drugs that have recently been recalled. If a product you are taking is on the list you would be well advised to speak with your doctor about whether or not it is in your best interest to continue to take the potentially dangerous product. Some of the largest recalls in the history of the FDA include:
- Fen-Phen: In 1997 this weight loss drug caused heart disease and other pulmonary problems.
- Cerivastin: This cholesterol drug made by Bayer may have been responsible for thousands of deaths related to rhabdomyolysis, which affects the kidneys.
- Vioxx : In 2004, this Merck product was recalled after increasing the potential for heart attacks and strokes.
- Valdecoxib: This non-steroidal anti-inflammatory drug was recalled after one year on the market for increasing the risks of a heart attack and in some cases, causing a fatal skin condition.
If a dangerous drug has harmed you or a loved one, contact the law offices of Page Law to discuss your legal options. Our reputed St. Louis County pharmaceutical liability attorneys provide free consultations and help injured victims get fair compensation for the damages they have suffered.
St. Louis County Personal Injury Resource Center
The choice of a lawyer is an important decision and should not be based solely upon advertisements.
