Drug Liability

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Pharmaceutical drug liability laws exist in order to protect the public from harm due to the ingestion of drugs.  These laws are extensive and complicated; navigating a pharmaceutical liability case from inception to conclusion can be quite challenging.

Pharmaceutical Drug Liability

Generally, pharmaceutical companies have a duty to make sure that the drugs they make and market to the public are safe.  This liability extends to both prescription drugs and over the counter medications.  While the Federal Food and Drug Administration oversees the testing and approval of the marketing of medications, this process does not always equate to a safe drug. Ultimately, the pharmaceutical company is liable for ensuring a drug’s safety.

Consumer Protection Laws for Dangerous Drugs

There are numerous federal laws relating to the production and marketing of drugs. These pharmaceutical drug manufacturer laws emanate from the Food and Drug Administration (“FDA”) regulations and are vast.  For instance, the FDA requires that the medication is tested under controlled conditions and the results are reviewed by peer groups.  Moreover, the FDA mandates that the side effects and risks are clearly disclosed. 

Failure to Warn of Risks and Dangers

Furthermore, the FDA regulates the type of quality control measures which must be employed in the manufacture of drugs.  Failure to adhere to these regulations can result in the basis of a claim against the drug manufacturer and consequently result in drug liability.  However, there are other state based laws which apply to cases involving the use of pharmaceutical drugs.  For example, products liability claims are frequently filed against pharmaceutical drug manufacturers when a user of the medication sustains an injury.  Many times, these cases include allegations where the pharmaceutical manufacturer failed to disclose the risks of the medication or failed to study the interaction of the drug with other types of medications.

Getting Legal Help

In order to properly assess your situation and determine whether there is a basis upon which a case can be sustained, it is crucial to consult with an experienced pharmaceutical liability attorney that understands consumer protection laws for pharamcy drugs.  This attorney can not only utilize his or her expertise in order to identify the cases strengths and weaknesses, but also the attorney will have an understanding of the complex issues common to pharmaceutical drug cases.  In addition, the attorney will understand the current trends in this area of law and be able to provide his or her opinion as to the viability of the case.

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