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Defective Drug Lawsuit New York, New Jersey, Philadelphia – FAQs
Defective drug litigation is a complex and involved area of law. Because of this, many of our clients have had questions about their cases, and we have compiled some of the most common of these here to serve as a reference guide. If you have additional questions, or you would like to schedule a free consultation in Manhattan, New York, Pennsylvania, or New Jersey, contact our defective drug attorneys today.
- What is a defective drug?
- How do dangerous drugs get on the market?
- What are the responsibilities of drug manufacturers?
- What does the government do to ensure public safety?
- What should I do if I am taking a drug that has been recalled?
- What legal rights do victims of defective drugs have?
What is a defective drug?
A defective drug is one that results in severe and adverse side effects, the seriousness of which outweighs the drug's intended effects. A defective drug can cause serious injury or death to a patient. If a drug is determined to be defective and inherently dangerous, the pharmaceutical manufacturer can be held liable. Serving Manhattan, New York, New Jersey, and Pennsylvania, the defective drug attorneys at Locks Law have extensive experience in this area of law, and can help you obtain the compensation that you deserve.
How do dangerous drugs get on the market?
There are many reasons that a defective drug would be allowed to reach a consumer. A pharmaceutical company may try to downplay or conceal potential risks, the Federal Drug Administration may fail to do a thorough investigation and review of the drug manufacturer's application, or a drug manufacturer may fail to sufficiently test the effects of its drug. Any such occurrences could lead to a defective drug being prescribed and sold to the public.
What are the responsibilities of drug manufacturers?
Drug manufacturers have a professional and legal obligation to ensure that their products are safe for public consumption. Drug manufacturers, as with all businesses that sell a product, are subject to product liability claims if they offer a product that is injurious to the consumer. The design defect, manufacturing defect, and failure to warn theories of product liability mean that drug manufacturers must design a drug that will act as the company intends it to (this requires comprehensive testing), produce the product in a manner that will not taint it or change it in any significant degree, and warn consumers about the potential risks.
What does the government do to ensure public safety?
The Center for Drug Evaluation and Research (CDER) – a department within the Federal Drug Administration (FDA) – is responsible for weighing the evidence submitted by drug manufacturers when they are seeking approval for a new drug (the CDER does not actually test drugs). Upon reviewing the manufacturer's application, the CDER determines if the drug is safe for consumers. Unfortunately, the screening process sometimes permits a dangerous drug to reach the market.
What should I do if I am taking a drug that has been recalled?
If you are taking a drug that has been recalled by the FDA, you should contact your doctor. It is important that you do not stop taking a medication that you have been prescribed until you consult a qualified medical practitioner. Your doctor may be able to prescribe you a safer alternative. He or she will also be able to determine whether you have suffered any complications as a result of taking the recalled product.
What legal rights do victims of defective drugs have?
Under the laws of the various states, a drug manufacturer may be liable for any injuries that occur as a result of a drug's defect. If you or a loved one has suffered as a result of a defective drug, the attorneys at Locks Law can help you obtain financial compensation for medical costs, rehabilitation costs, loss of wages, inhibited earning capacity, and pain and suffering.
Contact Our Defective Drug Attorneys Today To Learn More
If you are in need of legal representation, the New Jersey, Pennsylvania, Manhattan, and greater New York-area defective drug attorneys from Locks Law have the experience and knowledge to handle your case. To schedule a free consultation, contact a personal injury lawyer at our law firm today.
Contact our New Jersey, Pennsylvania, and Manhattan, New York defective drug attorneys today if you have additional questions or would like to schedule a free consultation.
