Medication recalls are nothing new. Drug recalls occur every year whenever a flaw in a prescription drug could cause significant harm to consumers. Recalls are issued by pharmaceutical companies in order to swiftly remove potentially dangerous prescription drugs from the market.

Here we have gathered information about why drug recalls happen, what to do if your medication is recalled, and how to seek compensation for damages caused by defective drugs.

Why Medication Recalls Happen

Because medications are a vital part of healthcare, the FDA has set standards in order to protect consumers from dangerous side effects, including wrongful death. Similar standards exist outside of the pharmaceutical industry, that prevent defective and dangerous products from entering the market.

Drug recalls typically occur because of defects that develop during the manufacturing process. Defects are separated into three different categories which are, manufacturing defects, design defects, and marketing defects.

Manufacturing Defects

These defects are caused by a flaw in the manufacturing process that compromises the quality of the drug, like through contamination. This could occur in the factory that produces the drugs, or at some point during the shipping process.

Design Defects

This type of defect refers to problems with the intended design of the drug. That does not mean that the drug was intentionally designed to be harmful, rather details that were missed. For example, design defects may occur if a pharmaceutical company fails to thoroughly examine and test the drug. 

Marketing Defects

This type of defect occurs when false advertising or labeling that misrepresent the drug’s properties. In addition, these defects may occur when important warnings or drug information is not included.

What Should I do If My Medication is Recalled?

When a recall is issued, pharmacies will usually contact patients who have been given the recalled drug. If your medication is recalled, a pharmacy staff member will usually give you specific instructions for your prescription. In general, however, there are a few things you should do if you hear about a recall before you’re contacted.

Do Your Homework

Make sure that your information is correct and that it applies to your prescription. A little online research will help you know if your medication has a defect. You can visit the FDA website to find a list of prescription drug recalls, as well as Recalls.gov. The FDA also publishes Drug Safety Communications as new issues are identified.

If you wish, the FDA will usually include contact information for the drug producer on their website.

You should also take the time to match up your prescription drug lot number with the list of prescriptions on the recall notice.

Contact your Doctor and Pharmacist

A doctor sitting down and discussing alternate prescription drug options with a patient.

If you find out that your medication has been recalled, you should discuss your options with your medical providers. Depending on the medication, you can stop taking it with little effect. However, if your medication is used to treat a more serious condition like high blood pressure, or acid reflux, you should stay on your treatment until instructed otherwise.

When you talk to your medical providers, take time to ask them for alternative medications. The sooner you get in touch with your doctor, the sooner you can get a safer medicine.

Dispose of Your Medication

How you do this will depend on the type of medication you have. Disposing of old medications is mostly a safety precaution so you won’t risk accidentally using it. Do not dispose of the labels or even a container, because this might be helpful evidence if you want to file a personal injury lawsuit.

What if I’ve Been Hurt By a Defective Drug?

As mentioned, defective drugs can cause serious side effects. Mislabeled drugs can interact poorly with other medications not to mention the harm that foreign contaminants could cause. Wrongful death is a very valid concern for patients who do not receive the right prescriptions.

If you or a loved one has been hurt by a recalled prescription drug, you may deserve financial compensation. Be warned, however, cases involving pharmaceutical companies are usually cases that are solved in the long term. In order to build the best case possible, you should consider hiring a personal injury attorney.

The Cochran Firm

We are a national law firm that specializes in personal injury law. Our lawyers have many years of experience in all branches of personal injury law, including defective drug lawsuits. If you feel that you have a case, come visit with one of our attorneys. 

When you come in to meet with one of our attorneys, bring all of the evidence that you’ve gathered. This may include things such as doctor’s notes, the documentation for the original prescription, or other forms of documentation. If your medication caused you to miss work, you should be able to use pay stubs in order to show lost wages.

These are only a few of the things that you will need to prepare if you want to pursue a lawsuit against a pharmaceutical company. These kinds of lawsuits typically require a lot of time and energy, but working with a personal injury lawyer will help reduce your stress and make your case more effective. Our commitment to you is to provide personal, professional, and aggressive legal representation to get you the compensation you deserve.

If you’re ready to start your case today, we offer FREE consultations in-person and over the phone at 1-800-THE-FIRM.

 

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