As technology advances and more medications and pharmaceutical products become available to the general public, a relative proportion of dangerous side effects from newer drugs may also pose health hazards to consumers. Medical complications, disabilities, and even deaths have resulted from dangerous drug side effects. Dangerous drug side effects are the subject of a significant number of personal injury lawsuits based on the premise of product liability.
Product Liability Laws Require Drug Manufacturers to Test Product Safety
According to information presented by drugwatch.com, US federal law requires drug manufacturers to adequately test their products’ safety before they are released and marketed to the public. Pharmaceutical companies and their marketers are also required to warn the public of any and all risks associated with a particular drug or medical device. These duties to continue testing and amending the warnings area are expected to be maintained even after a drug or device is made available for sale. Drug makers and manufacturers can and have faced serious legal and financial liabilities if they are found to be negligent in these duties.
In 1986, Congress responded to dwindling vaccine supplies by passing what was referred to as federal “no-fault” legislation. The legislation protected vaccine makers from legal claims, encouraging them to get vaccines developed and onto the market quickly. Then in 1998, Congress halted state court lawsuits over injuries caused by certain medical devices and implants. Some states, such as Michigan, have also passed their own laws setting specific limits on personal injury claims, particularly with regard to medication side effects.
Historically, urgent health concerns like the AIDS epidemic prompted FDA regulators’ to loosen rules that were seen as restrictive and counter-productive to medication advances. However, some critics believe flaws in current FDA regulations have made it too easy for companies to get approval for dangerous drugs or devices. Critics have claimed that the loose regulations enable drug makers to get a drug approved for one purpose and then later market it for new purposes. Too often, the drugs and devices aren’t adequately tested for drug manufacturers and fail to adequately warn consumers about serious health risks.
Strict Liability and Drug Recalls
Most product liability lawsuits are based on the premise of “strict liability.” Under current law, this generally means that any person injured by a defective product is not required to prove that the device or company was directly negligent. An injury victim is only required to prove that the drug or medical device was directly responsible for the ensuing injury, and that the manufacturer could have known or done something to prevent the injury from happening.
There is little doubt that innovations in medical research can benefit society. But the desire to find new ways to treat illness must be balanced with public safety. Many times, millions are spent on research and development of a drug, prompting a rush to get a product on the market as soon as possible to avoid financial losses – but at the expense of safety and sometimes lives. This is reflected by an increase in the number of recalled drugs in recent years.
Contact Us for a Free Consultation
If you were hurt due to an unsafe medication, contact us for a free consultation to discuss your case and your legal options with a top-rated product liability attorney.
References:
