Los Angeles Defective Drug Attorneys
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Even the strictest tests for pharmaceuticals cannot catch all manufacturing mistakes or contamination issues that might occur down the line. Nor can they catch every potential side effect that may become more noticeable in a larger subject pool. However, in some cases, manufacturers conceal or downplay dangers attached to certain drugs in order to make a profit.
Whether a drug uses an active ingredient that can harm people or was contaminated during manufacturing, those who are given defective medications may end up with lasting side effects. These products can be to blame for symptoms including:
- Heart attack
- High blood pressure
- Kidney damage and failure
- Liver damage and failure
- Birth defects
If you or a loved one was injured by a recalled drug, contact our Los Angeles drug injury lawyers today to pursue compensation.
Holding Pharmaceutical Companies Accountable for Dangerous Drugs
It seems antithetical that an industry dedicated to helping the unwell may cause more harm. If you have suffered severe side effects from a drug you were told was safe, it is okay to feel hurt, angry, and betrayed. You should know that you are not alone in this situation—and there is help.
At Shoop | A Professional Law Corporation, our Los Angeles defective drug attorneys believe in holding companies accountable when they make choices that hurt consumers. Pharmaceutical companies often choose profits over people by ignoring warning signs and bypassing testing. If you are one of the patients affected by their negligence, you could have the right to take them to court. Not only can patients in this situation receive compensation; they can also warn others of the dangers attached to certain drugs or companies.
Types of Drug Defect Claims
If you were prescribed a pharmaceutical drug that caused injury, you may have a defective products claim. While claims involving pharmaceutical drugs are similar to most other defective product claims, these types of claims have a few key differences.
- Defectively Manufactured Pharmaceutical Drugs: This type of claim specifically addresses drugs that, at some point in its manufacture, an error occurs and the drug becomes tainted. This type of error can take place at any time while the drug is being made, bottled, shipped, or labeled. In short, a defect in manufacture can occur at any point between the factory and the place where you picked up your prescription.
- Dangerous Side Effects: Even if the drug was manufactured properly, there’s a chance that its side effects cause injury. Usually, these types of cases involve drugs that have been in the pharmaceutical market for an extended period of time before people began realizing its dangers. In these types of cases, the plaintiff may claim that the drug manufacturer not only knew of the danger, but continued to manufacture the drug and attempted to hide its dangerous side effects.
- Improperly Marketed Pharmaceutical Drugs: Marketing refers to the drug’s warnings, instructions, and recommendation of using the drug. Claims that are filed due to improper marketing typically include drugs that failed to disclose accurate side effect warnings or instructions on how to take the drug. “Bad advice” from a doctor, pharmacist, or medical provider can also be considered improper marketing.
A Los Angeles dangerous drug lawyer from our firm can determine what type of defect claim you have and help you pursue compensation for your injuries. Call
When is a Drug Recalled?
A drug is typically recalled if it:
- introduces dangers that were not warned for,
- includes contamination,
- lacks proper packaging or labeling, and/or
- faces new evidence that it may harm humans,
Often, these recalls come too late for many patients. Physicians for a National Health Program (PNHP ) analyzed FDA data and determined that around 27% of drugs are given new warnings or taken off the market in the first 16 years after their introduction. These protective measures typically do not occur until 5 years have passed. Over this time, hundreds of thousands, or even millions, of patients may be prescribed medications that harm them in some way.
Who Chooses When a Drug Recall is Issued?
One report of a dangerous side effect isn’t enough for a drug to be pulled off the shelf. In fact, all drug recalls are made at the discretion of the manufacturer. The FDA can recommend dangerous drugs be pulled from the shelves and issue warnings to consumers, but they cannot force pharmacies and stores to stop selling the products or contact patients who are already taking them. This means consumers can be exposed to drugs that are already known to be dangerous—just because a pharmaceutical company wants to keep making money by selling them.
The FDA also has limited resources to analyze drugs and issue recalls. Between 2016 and 2018, the rate of manufacturer inspections in the U.S. decreased by almost 15%. Third-party labs may step up to share worrisome test results, which is what launched the Zantac recall, but they are not a source for regular examination of all drugs on the market. This is the reason many harmful drugs have slipped through the regulatory net and made it into patients’ medicine cabinets.
For a full list of current recalled drugs, visit the FDA's website, or call our drug recall attorneys in Los Angeles to see if you have a case.
Classes of Drug Recalls
Not all drug recalls have the same level of urgency. The FDA assigns a class to each so pharmacies, physicians, and consumers know how serious the issue is.
- Class 1: These recalls apply to medications or devices that could include flaws that would be fatal to patients.
- Class 2: Most recalls are in this class, meaning they can cause serious, but reversible, symptoms.
- Class 3: Often, drugs recalled under this category are unlikely to cause harm but may include manufacturing defects.
- Market Withdrawal: Used for medications that have negligible issues, a market withdrawal can result in products being removed from the shelf or a slight change in process to address a minor complaint.
Drug Recalls That May Affect You
Among the hundreds of drugs recalled each year, some are for niche medications that serve a small patient population. Others may be widespread but carry low risks of serious symptoms. Our attorneys focus on helping patients who used medications with severe side effects. We’ve filed claims surrounding:
If you show symptoms that have already been linked to a defective drug or have been taking a medication that receives a Class 1 or 2 recall, we suggest you speak with an attorney. If you develop severe health issues, you may be able to ask a negligent manufacturer to cover your medical costs and more.