DEFECTIVE MEDICAL DEVICES & PHARMACEUTICAL INJURIES
MEDICAL DEVICE & PHARMACEUTICAL INJURY
Houston Pharmaceutical Litigation Attorneys
When is a Prescription Drug Dangerous?
When you take a prescription drug, you rely on the medication to be safe and effective when used as directed. If the drug has potentially dangerous side effects, you expect the manufacturer to tell you so you can make an informed decision about whether to take it. Unfortunately, pharmaceutical drug companies sometimes withhold information about dangerous drug side effects to the detriment and danger of people taking the drugs.
Most of the time, people trust defective drugs or pharmaceuticals because the Food and Drug Administration (FDA) has approved them. Patients believe they are safe because his or her doctor has prescribed or administered those drugs. Unfortunately, the pharmaceutical or drug companies are the ones responsible for research and development. The FDA monitors the safety of these products, but often overlooks the real dangers of a product due to inadequate testing by the pharmaceutical companies.
Why Do You Need a Drug Litigation Attorney?
Defective drug claims involve a complex web of legal, scientific and medical issues. You will be up against powerful corporations, each with their own team of attorneys and experts. Defective drug claims are often part of a large, multi-district litigation and sometimes considered class actions. You’ll need an experienced pharmaceutical litigation attorney on your side, with the resources to see your case through trial.
What are the Types of Drug or Medical Device Defects?
Drugs can be defective in several ways. Improper marketing, as well as failure to warn are the most common reasons why drug injury victims sue drug makers.
Failure to warn occurs when a pharmaceutical company does not notify the FDA or warn doctors and consumers about the dangerous side effects that the product can cause. Sometimes, drug makers are aware of the dangers posed and go to great lengths to hide this evidence.
Even if side effects are discovered after a drug is approved by the FDA, it’s very rare for the drug to be removed from the market. However, recalls may be issued to update the warning label.
Manufacturing error and other errors that occur along the supply chain can result in contamination and other defects that only affect certain parts of the drug but are not a problem with the medication overall. Likewise, packaging errors can easily lead to improper dosing.
What is Off-Label Marketing?
When the Food and Drug Administration approves a drug, the drug is approved for the specific uses only. Any other use of the drug is referred to as “off-label”. Doctors are allowed to prescribe medications “off-label” when they believe doing so is in the best interest of the patient.
However, drug companies are not allowed to promote the product for off-label uses. This includes marketing to consumers and healthcare professionals, as well.
Pharmaceutical companies still engage in illegal, off-label marketing of their products. Sometimes, they’ll go as far as paying kickbacks to doctors who will prescribe the drug off-label.
The Drug That Caused My Injury Has Not Been Recalled. Do I Still Have a Case?
Even if the drug that caused your injuries has not been recalled, you may still have a very strong case. While a drug recall can work as evidence in your favor, this is certainly not necessary. Recalls typically only happen after many people have been harmed or killed.
Although drug injuries do not always mean that the medicine itself is defective, the absence of a drug recall does not mean that it isn’t.
What Type of Compensation Can I Receive For My Drug Injury?
You can recover economic damages, such as past and future medical expenses, long term care, home health care, and other out-of-pocket expenses related to your injury. Damages could also include lost income, future lost income and diminished earning capacity.
You may also recover non-economic damages, such as pain and suffering, diminished quality of life, physical or mental impairment, disfigurement, etc.
Defective Drugs & Medical Devices
Both prescription and over-the-counter medications can be defective, causing injuries and even death. Our pharmaceutical litigation attorneys at Reich and Binstock represent individuals and families whose lives have been changed by defective drugs and medical devices, such as:
Contact a Houston Pharmaceutical Litigation Attorney Today
If you or a loved one was injured or you think you may have been injured by taking a pharmaceutical drug, contact our pharmaceutical litigation attorneys for a free and confidential case evaluation. Call our Houston office at 713-622-7271 or fill out the contact form below!
There is a never a fee unless we recover on your behalf.