Prescription Recall
Sometimes, people have to suffer injury or die before a prescription medication recall is instituted. If you or a loved one has been harmed due to prescription negligence, you need a trial lawyer with experience with these types of complex cases. On behalf of our clients, Gordon & Doner, P.A. hires physicians, nurses, vocational rehabilitation specialists and forensic economists to prove damages, future medical costs and lost earnings.
One of the reasons why prescription drug recalls so often make headlines is because the drugs are often rushed to market without adequate testing. The long-term effects of prescription medications are sometimes difficult to determine, and tests that most people assume are performed by the U.S. Food and Drug Administration are frequently done by laboratories funded by the drug manufacturer.
Every year, an estimated 200,000 Americans die annually due to adverse reactions and harmful side-effects of prescription drugs. Adverse drug reactions in hospital patients alone cause 2.2 million injuries each year.
When an injury occurs and a lawsuit is filed, the case will be based on personal injury law and typically fall into subcategories such as prescription negligence, pharmaceutical injury law, product failure or medical malpractice/negligence. Lawsuits, in which the foundation is a medication, can also be based on improperly filled prescriptions. Either a medication is prescribed that contradicts a medication that the patient is already taking or a pharmacist gives an incorrect medication or dosage. In a situation such as this, pharmacists and/or doctors would be held liable. If a person dies due to a medication, a wrongful death case may be filed. Other times, a medication causes serious illnesses or side effects during its manufacturing, at which time the drug manufacturer is held accountable.
Federal law states that:
- Drug manufacturers who fail to design, manufacture, inspect and label pharmaceuticals appropriately may be held liable. A pharmaceutical manufacturer may also be liable for a patient’s injuries when they have failed to warn of a drug's potential side effects or dangers.
- Medical doctors, nurses, dentists, osteopaths and health care facilities (hospitals, nursing homes) can be found liable for deviating from the acceptable standard of patient care.
- Malpractice may exist if there is proof that a healthcare provider placed their personal interest or that of the pharmaceutical industry above patient’s interests. It is not only reprehensible, it is illegal for physicians to receive monetary or material gain for prescribing a specific drug.
Litigation may be the only way to receive the damages to which you may be entitled. Such damages will likely include lost wages, medical bills, and/or financial compensation to heirs (in the case of a wrongful death). Our team of prescription negligence lawyers will review your situation and inform you promptly as to whether you have a case.
If you are injured by a defective drug or supplement, save the product and all parts and instructions that come with it, including the box it came in. This information may be vital to proving your case Then, call Gordon & Doner, P.A.
Our firm believes that our system of justice works best when skilled attorneys who have the resources to fully prepare and try a case represent both sides.
Please complete our online contact form or call us toll free at 1-888-ForTheInjured (1-888-367-8434).
For more information, please see the following related pages on our
website:
Pharmaceutical Litigation
Mass Torts Drug Litigation
Pharmaceutical Litigation
FAQs
Pharmaceutical Legal
Glossary
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