When you are given medication, you expect it to help you, not hurt you. Unfortunately, not every drug on the market is safe.
In 2015, the last year complete statistics are available, the Food and Drug Administration received over 1.2 million reports of adverse reactions to drugs and therapeutic products. These resulted in 123,927 deaths and 807,270 serious medical events, such as hospitalization, disabilities, and congenital anomalies.
If you or a loved one have suffered emotionally or physically after using a dangerous drug, there is hope. The attorneys at the Law Offices of Michael A. DeMayo have handled a number of dangerous drug cases. We can help you hold the drug manufacturers liable and help you recover the compensation you deserve.
How Dangerous Drugs Are Created
Our clients have a lot of questions about dangerous drugs, most commonly, “How does the FDA let this happen?”
Just because a drug has FDA approval doesn’t mean it’s 100 percent safe. When a drug is first developed, it goes through testing to make sure it doesn’t have dangerous side effects. That said, drugs are approved all the time if the dangerous side effects don’t occur very often.
This lack of strict regulation contributes to people being harmed by defective drugs. Even when the FDA finds a drug causing serious side effects, they may not remove it from the market. In some cases, the FDA issued recall merely requires additional warnings to appear on the drug’s packaging.
Some of the ways dangerous drugs end up getting approved include:
- Ignorance of long-term side effects. Many drugs are not tested long enough to find the long-term problems. In this scenario, both the manufacturer and the FDA may think a drug is safe, only to find out years later it isn’t.
- The 501(K) Clearance. This is a special FDA process that approves a new product with little testing as long as there is a similar product already on the market. This is a dangerous loophole, especially if the current product is also dangerous.
- The FDA’s lack of power. Despite the fact that the FDA is responsible for monitoring and approved medication, their reach doesn’t extend over every drug maker. One example would be compounding pharmacies who are licensed to mix and mass produce a variety of drugs that are not required to be approved by the FDA.
- Off-label use. In some cases, a drug that treats one thing can treat other problems as well. Though it may seem effective for more than one issue, it’s only tested for its original use. In a practice called off-label use, a pharmaceutical sales rep may encourage doctors to prescribe the drug for a purpose it wasn’t intended or tested for.
- Failure to disclose side effects. More than half the time, sales reps fail to disclose all of the drug’s side effects. Unfortunately, many doctors take the sales rep’s word and prescribe medication that could seriously hurt or kill their patients.
Examples of Dangerous Drugs
Big Pharma has one goal: to make as much money as possible. They will do whatever they can to achieve this with little regard to the general public’s safety. As a result, the drug market has been flooded by dangerous and defective products that can cause serious injury and death. Some of the drugs recently found to have potentially dangerous side effects include:
Psychiatric and Anti-Depression Medication
Other Dangerous Drugs
Side Effects of Dangerous Drugs
Taking a dangerous drug can be extremely detrimental to the patient’s health. Not only can it worsen their current medical condition, but it can also cause other problems as well, including:
- Heart attack
- Psychological problems or dependency
- Blood clots
- Internal bleeding
- Birth defects
- Kidney failure
- Abnormal liver function
- Increased risk of cancer
- Permanent or temporary disabilities
- Cardiovascular problems
- Stevens Johnson Syndrome
If you or a loved one has been harmed by a defective drug, you should seek compensation from the manufacturer of the product. Drug makers have a responsibility to produce safe products. If they don’t, you can file a claim to hold them liable based on the principles of:
- Negligence: If the dangerous drug was the result of careless testing or production, the manufacturer can be held liable for their negligence.
- Strict Liability: Under strict liability, manufacturers are responsible for the adverse effects their products cause in patients.
- Failure to warn: If the labeling on the drug doesn’t appropriately warn users of potential side effects, the manufacturer can be held responsible for failure to warn.
Compensation for Dangerous Drug Injuries and Wrongful Death
The settlement amount for this kind of case varies based on a variety of factors, including:
- Amount of evidence
- Age of the plaintiff
- Injuries suffered
- Cost of current and future medical bills
At the Law Offices of Michael A. DeMayo, we work on a contingency basis, meaning we don’t get paid unless we win your case. If you or a loved one has suffered, either injury or death, due to a dangerous drug, we can help you file a claim to seek compensation. Contact us at 877-529-1222 or schedule a free consultation online.