Defective prescription drugs can cause severe side effects in consumers, sometimes resulting in serious injuries. While recalls go into effect upon the discovery of any product defect, it is never a guarantee that faulty drugs will see complete removal from the market. You may have the right to file a defective drug lawsuit.
A defective drug is a prescription or over-the-counter medication that causes physical, psychological, or emotional injury due to defects, incomplete labeling, or insufficient warnings.
It is always a prudent measure to check FDA drug recalls before taking any prescription drug. However, if you do take a defective drug, understanding more about defects and their causes can help you build a stronger case when pursuing compensation through a medical malpractice or product liability claim. Here are defective product cases examples for prescription drugs.
Manufacturing Defects
Contamination or mislabeling that occurs during the manufacturing process can render certain drugs dangerous, though these types of errors typically only affect certain batches rather than the entire scope of the drug on the market.
Even so, it is a safe practice to immediately dispose of any drug potentially affected by a manufacturing defect.
Marketing Defects
Marketing defects refer to cases in which a drug hits the market before the public receives all relevant information regarding possible side effects. This can also negatively affect the usage or dosage instructions that a doctor provides to patients.
Injuries resulting from defective marketing or failure to disclose important details about a drug can be just as harmful as manufacturing defects.
Contact Our Medical Malpractice Lawyers at Cronin, Fried, Sekiya, Kekina & Fairbanks Today
If you suffer illness or injury due to the consumption of a defective drug, you may have a strong medical malpractice claim against the prescription provider who fails to abide by FDA recalls. Your legal team can help you investigate the issue further and build a case that boosts your chances of securing a favorable outcome.
Our seasoned Honolulu medical malpractice attorneys can help you with filing your claim. Contact our office today.
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