Claims with Defective Drugs
According to an income statement, the sales revenue of pharmaceutical company Johnson & Johnson totaled 74.3 billion dollars in 2014. The medications and treatments that Johnson & Johnson and similar companies provide continue to enhance American health and life. However, like any manufactured product, pharmaceutical drugs are not immune to flaws and defects. Some of these side effects are unforeseen by scientists and appear after the drug has been released to the public.
On the other hand, some defects are a result of misconduct by a pharmaceutical company. Defects of this nature are subject to product liability laws. Below are a few types of claims you might be able to make if you are a victim of a defective drug.
Manufacturing defects refer to how a drug is manufactured in a processing facility. It is the pharmaceutical company's responsibility to ensure that a drug is properly manufactured. The Food and Drug Administration (FDA) combats improper manufacturing by sending highly trained staff to inspect these facilities. However, it is also possible for drugs to be contaminated in the manufacturing process, and this is more difficult for the FDA to notice and prevent. If your drug was improperly manufactured or contaminated, you may be able to file a claim.
It is also possible that the defect lies not in the manufacturing process, but in the way that the drug is presented to the consumer. The pharmaceutical company must provide clear instructions on how to consume the drug, recommendations on who should and should not take the drug, and warnings of all possible side effects. If you experience a side effect because you were not properly advised or warned, you may be able to file a claim.
Design defect occurs when the flaw of a drug is in its inherent design, and the resulting side effects can be dangerous, even deadly. These types of defects sometimes occur in conjunction with defective marketing, as these side effects may not be apparent during the inadequate design process. In some cases, scientists may intentionally skew clinical trials to pass FDA regulations--they may hide negative results, study a user group too small or homogeneous, or simply spend too little time exploring the side effects of the drug. If your drug does not perform as advertised, you may be able to file a claim.
Did you purchase a defective drug? At Colley & Colley, we will fight for the rights and compensation you deserve and provide expert advice through the legal process. Contact an experienced attorney to get started today.