As you may know, pharmaceutical and medical device companies have faced their fair share of personal injury cases in court. The FDA (Food Drug Administration) has a strict and thorough process for such products to be market-safe, which can leave manufacturers of both pharmaceutical drugs and medical devices liable in the event of injuries caused from unsafe products.
We often write about recent recalls, ranging from vehicles to food. It’s not uncommon for pharmaceutical drugs and medical devices to be affected by similar recalls, so we urge readers to stay informed of such products that you may be consuming or using. It doesn’t take much to lead to a product recall, and even the smallest defect could be dangerous.
Keep in mind that manufacturers typically cannot be held responsible for things like pharmaceutical side effects and allergies, or improper use of a medical device. Here are some instances where a manufacturer might be found liable of personal injury:
- A product is manufactured improperly. There are many steps from a product being created in a lab, to it reaches the shelves of a pharmacy, office, or store. It’s crucial that all procedures are followed in the manufacturing process. If they aren’t, and a consumer suffers from personal injury as a result, the manufacturer could be found liable.
- Side effects that aren’t mentioned on a label. It’s extremely important to obtain a doctor’s referral before using products. But if a referral exists and a user still suffers from a medical emergency due to a side effect not clearly mentioned on the label, the manufacturer could find themselves liable for such side effects.
- Injuries caused to due marketing error. Drug and medical device companies oftentimes advertise their products heavily – you’ve likely seen commercials for these types of campaigns. If a company improperly markets their products in such a way that causes injuries, they can be found liable for personal injury.
It’s important to be mindful and educated on medicines and medical devices that you’re consuming or using. But in the event you or someone you know have suffered from a personal injury due to a pharmaceutical drug or medical device, we’re here to help. As you can tell, determining what manufacturing companies can and cannot be held liable for is a complicated and delicate process – one that only the most experienced injury attorneys are able to effectively help with.
Should you have any questions about these types of recalls, call Jones and Swanson at 770-427-5498 for a free case evaluation. Together, we can look at the specific details of your situation and determine what next steps may be.