This blog has previously touched on the three main categories of defects that might have caused injury to a patient. To refresh, these are manufacturing defects, design defects and labeling or warning defects. While the first kinds of problems most Texans likely think about when they hear defective drug, are those involving the design or making of the medication, problems with labelling and warning can have very real and very serious consequences.
There are very few pharmaceuticals out there that don’t have side effects. Even most over-the-counter medicines tell consumers not to take them if they have certain conditions, or to discontinue use if they experience certain symptoms. When a person taking a drug is not aware of these things, however, he or she (and possibly any doctor involved) cannot make an informed choice as to whether that medication is right for that patient’s situation.
This is especially true of strong drugs, like those used for chemotherapy treatment in cancer patients. While it is well known that these can have some debilitating effects while treatment is on-going, some also have permanent effects that can detrimentally affect the rest of a person’s life. Just as much as taking a drug with the wrong ingredients, consuming a medicine without knowing its potential effects on your body can bring about devastating injury.
The federal Food and Drug Administration makes every effort to regulate the way pharmaceutical manufacturers market their drugs, and the labels and warnings that come with them. Unfortunately, the FDA cannot catch everything, and sometimes companies hide side effects or push drugs for ‘off-label’ uses that have not been adequately evaluated. In these instances, people who have been injured due to a defective drug will want to protect their legal rights. Experienced product liability attorneys may be able to help such individuals receive the compensation they deserve.