Dangerous Pharmaceutical Drugs
While advancements in medical science and pharmaceuticals have increased the length and quality of life for many Americans, the unfortunate fact is there are some trial and error involved with crafting prescription medications. Even though pharmaceutical companies are required to abide by strict regulations to test the safety and efficacy of prescription drugs, there are times when the negative impact they can have is not known until the drug is made available to the general population.
At Darrigo & Diaz, we understand how difficult it can be if you or a loved one has been injured by prescription medication. We want to address some of the most common questions and encourage you to reach out to our team to discuss your pharmaceutical injury case.
How Common are Dangerous Pharmaceutical Injuries?
There is a long list of side effects and injuries resulting from dangerous pharmaceutical drugs. In 2018, there were more than 67,000 prescription drug overdose deaths in the United States. In Florida alone, there were more than 4,600 prescription drug overdose deaths.
The opioid epidemic has brought into our minds just how dangerous it can be to overprescribe dangerous drugs. Not only has it claimed countless lives, but the injuries sustained by dangerous pharmaceutical drugs have much farther reaching implications. Long-term side effects leading to disability, loss of enjoyment of life, economic troubles, and more are some of the common injuries and damages resulting from dangerous drugs.
What are the Common Types of Drug Claims?
There are three main types of drug claims: defectively manufactured drugs, drugs with dangerous side effects, and improperly marketed drugs. Claims in the category defectively manufactured drugs concern injuries due to errors in the manufacturing or distribution process, such as tainting or improper labeling.
Some drugs may have been properly manufactured but have side effects that result in injury. Even if the drug has been on the market for a while, it may be discovered later on that they increase the risk of injury or that the manufacturer concealed known side effects or dangers. Improper “marketing” of drugs usually concerns the failure of manufacturers, sales representatives, or health care professionals to disclose all warnings and instructions related to the use of the drug. If an injury results due to improper marketing, a claim can be made.
What is a Duty to Warn?
Drug manufacturers have a duty to warn health professionals and consumers about the side effects that may result from taking a drug. They are only expected to warn of known side effects, not unknown dangers or possible reactions in unusually susceptible consumers. Often the duty to warn consumers is shifted to doctors or pharmacists from manufacturers. Doctors and pharmacists have direct contact with consumers. Manufacturers have a duty to keep up to date on emerging knowledge about their products and provide updated information as necessary.
Who May be Liable in Drug Liability Claims?
When determining liability in a dangerous drug claim, all steps in the chain of distribution of the drug from the manufacturer to the consumer will be considered. In addition to the manufacturer, the testing laboratory may be liable if the drug was improperly marketing or has dangerous side effects. Doctors who prescribed the drug might be liable if they failed to warn of potential side effects or provide proper instructions for use. The hospital, clinic, or pharmacy that you visited might be liable as well. Your attorney can help you determine who is at fault and whether it is a medical malpractice case or a product liability case.
What are the Most Common Dangerous Drugs?
Medications have the potential to improve health and quality of life and most have been thoroughly tested and evaluated for safety. However, some drugs pose dangers to consumers. People who have been injured as a result of taking drugs that have not been tested or manufactured properly may have a valid claim.
The most common drugs that cause adverse drug events include Risperdal, Pradaxa, Yaz, Depakote, Zoloft, Lipitor, Paxil, Viagra, and GranuFlo. If you believe that you have experienced side effects or injury as a result of one of these or another drug, consider speaking with an experienced product liability attorney like the team at Darrigo & Diaz.
Can I Sue for Vaccine Injuries?
You cannot directly sue vaccine manufacturers for personal vaccine injuries in the United States. This is different from other pharmaceutical products due to The National Childhood Vaccine Injury Act. This act eliminates the liability of vaccine manufacturers for vaccine injury claims, ensuring a stable supply of vaccines and a cost-effective process for injury claims.
Instead of engaging in litigation, vaccine injury victims can file a claim and be compensated through a no-fault system managed by the United States Court of Federal Claims called the National Vaccine Injury Compensation Program. Florida tracks vaccine-related injuries using the Vaccine Adverse Event Reporting System (VAERS).
How is Florida Handling the Problem of Dangerous Pharmaceutical Drugs?
With regard to the opioid epidemic, Florida has implemented a new program called E-FORSCE, Florida’s prescription drug monitoring program. Working in conjunction with the CDC, Florida was awarded a grant to better track information related to dangerous prescription drugs. However, many of these programs are heavily focused on addictive drugs like opioids and do not track information related to many of the other dangerous pharmaceutical drugs.
How Can I Find a Dangerous Pharmaceutical Injury Attorney?
Darrigo & Diaz has a Board Certified Civil Trial Specialist that leads our team. We have been serving injured victims in Tampa, FL since 1999 and have successfully represented victims of dangerous drugs. Please call Darrigo & Diaz today at (813) 774-3341 to immediately discuss your case with an experienced dangerous pharmaceutical drug injury attorney. You can also set up a complimentary consultation with us online.