Research suggests that over two-thirds of U.S. adults regularly take at least one prescription medication. While these drugs can help diagnose, treat, and prevent illnesses, a small percentage of drugs cause serious harm to users.
If you or a loved one has been harmed by a defective drug, you need experienced legal representation to help you seek justice and compensation. At Dudley DeBosier, we are committed to holding pharmaceutical companies accountable for the harm their products have caused.
We understand the physical, emotional, and financial toll that a drug injury can take on you and your family. That’s why we provide compassionate support to our clients throughout the entire legal process.
Contact us today for a free consultation.
What Makes a Drug Defective?
Defective drugs pose significant risks to public health, causing harm instead of healing. A drug can be considered defective for several reasons, falling into three main categories: design defects, manufacturing defects, and inadequate warnings or instructions.
Design Defects
Design defects occur when a drug is inherently unsafe due to its formulation or composition. These defects are present before the drug is even manufactured, meaning the issue lies in the drug’s conceptualization. Some common design defects include:
- Ineffective Ingredients: The drug contains ingredients that do not effectively treat the condition it is meant to address.
- Harmful Side Effects: The drug’s benefits are outweighed by severe side effects that were not adequately considered during development.
- Unsafe Combinations: The drug’s formulation includes combinations of substances that interact harmfully with each other or with other common medications.
Manufacturing Defects
Manufacturing defects occur during the production or packaging process of the drug. These defects can affect otherwise well-designed drugs, making them dangerous to consume. Examples of manufacturing defects include:
- Contamination: The drug is contaminated with harmful substances during the production process.
- Incorrect Dosage: The drug contains too much or too little of the active ingredient, leading to ineffective treatment or overdose.
- Improper Labeling: Packaging errors result in incorrect or misleading information being provided to consumers or healthcare providers.
Inadequate Warnings or Instructions
Inadequate warnings or instructions pertain to the information provided to consumers and healthcare providers about the drug’s use. This includes failures to properly inform about potential risks, side effects, or correct usage. Inadequate warnings can take several forms:
- Missing Information: Important information about risks or side effects is not included.
- Misleading Information: Information provided is incorrect or downplays the severity of risks.
- Lack of Clear Instructions: Instructions on how to properly use the drug are unclear or incomplete, leading to misuse.
Examples of Defective Drugs
Defective drugs can cause severe harm to patients due to various reasons, ranging from dangerous side effects to improper manufacturing practices. Below are the general categories of defective drugs, along with specific examples for each category.
Cancer-Causing Drugs
Some drugs have been found to increase the risk of cancer in patients who use them. These drugs may contain carcinogenic substances or trigger cancerous growths as a side effect.
- Example: Belviq (lorcaserin) – This weight management drug has been linked to several types of cancer, leading the FDA to request its removal from the market.
Drugs With Severe Side Effects
Certain medications, while effective in treating specific conditions, have been associated with severe and potentially disabling side effects, impacting the quality of life of the users.
- Example: Beovu – Used to treat age-related wet macular degeneration, Beovu has been linked to serious and potentially permanent vision problems.
Drugs Linked to Birth Defects
Medications that are not safe for pregnant women can cause severe birth defects, impacting the health and development of the unborn child.
- Example: Provigil and Nuvigil – These drugs, prescribed for sleep disorders, have been associated with an increased risk of birth defects when taken by pregnant mothers.
Drugs Leading to Organ Damage
Some drugs have been linked to significant organ damage, affecting the liver, kidneys, heart, or other vital organs, which can lead to long-term health issues or require extensive medical treatment.
- Example: Truvada – While designed to prevent and treat HIV, Truvada has been linked to bone and kidney problems.
Drugs Causing Cardiovascular Issues
Medications that increase the risk of cardiovascular problems, such as heart attacks, strokes, or other cardiac events, can be particularly dangerous for patients with underlying health conditions.
- Example: Uloric – This medication for gout has been linked to an increased risk of heart attack, stroke, and cardiac-related death.
Contaminated Drugs
Drugs that are contaminated during the manufacturing process pose significant health risks, as patients may be exposed to harmful substances.
- Example: Valsartan – Some batches of this blood pressure medication were found to be contaminated with NDMA, a known carcinogen.
Drugs With Inadequate Warnings
Medications that do not provide sufficient warnings about their potential risks can lead to misuse or unawareness of severe side effects, putting patients at risk.
- Example: Elmiron – This bladder pain medication has been linked to maculopathy, a serious eye disorder, but users were not adequately warned about this risk.
Drugs Causing Psychological or Neurological Effects
Some drugs may lead to psychological or neurological issues, such as depression, anxiety, or neurological disorders, which can be as debilitating as physical side effects.
- Example: SSRI Antidepressants – These medications have been linked to birth defects when taken during pregnancy, and may also cause other psychological effects.
Over-the-Counter (OTC) Drugs With Hidden Risks
Even over-the-counter medications, which are widely regarded as safe, can pose serious health risks if they contain harmful substances or lead to unforeseen complications.
- Example: Zantac – This popular heartburn medication was found to contain NDMA, a probable carcinogen, leading to cancer risks.
By understanding these categories and the risks associated with specific defective drugs, patients can make more informed decisions about their healthcare and seek appropriate legal advice if they have been harmed by a defective medication. If you or a loved one has suffered due to a defective drug, contact our experienced attorneys for a free consultation. We are here to help you get the justice and compensation you deserve.
Liability for Defective Drugs
Pharmaceutical companies have a legal and ethical obligation to ensure that their products are safe for consumers. When they fail to meet this obligation, and a drug causes harm, they can be held liable for the resulting damages. Understanding the different aspects of liability for defective drugs is crucial for those affected and seeking justice. Here’s what you need to know:
Who Can Be Held Liable?
Several parties can be held liable for defective drugs, including:
- Pharmaceutical Manufacturers: The primary responsibility often lies with the drug manufacturers, who are responsible for the drug’s design, production, and marketing.
- Pharmaceutical Distributors: Distributors who supply the drug to pharmacies and hospitals can also be held liable if they knowingly distribute a defective product.
- Pharmacies: In some cases, pharmacies that sell defective drugs may be held accountable, especially if they fail to provide adequate warnings to consumers.
Proving Liability
To hold a pharmaceutical company or other parties liable, several elements must be proven:
- Duty of Care: The manufacturer had a duty to ensure the drug was safe for use.
- Breach of Duty: The manufacturer breached this duty by designing, producing, or marketing a defective drug.
- Causation: The defective drug directly caused the user’s injury or harm.
- Damages: The user suffered actual damages (physical, emotional, financial) as a result of using the defective drug.
Compensation for Victims
Victims of defective drugs may be entitled to various forms of compensation, including:
- Medical Expenses: Covering the cost of medical treatment, hospitalization, and ongoing care required due to the defective drug
- Lost Wages: Reimbursement for income lost due to inability to work while recovering from drug-related injuries
- Pain and Suffering: Compensation for physical pain and emotional distress caused by the defective drug
- Punitive Damages: Sometimes awarded by courts to punish the pharmaceutical company for particularly egregious behavior and to deter future misconduct
Contact a Baton Rouge Defective Drug Lawyer Today
At Dudley DeBosier, we understand the physical, emotional, and financial toll that drug injuries can take on victims and their families. A team of Baton Rouge defective drug lawyers can help you through this challenging time.
One of the most important aspects of our approach is ensuring that you understand your legal rights and options. We believe in empowering our clients with knowledge, so we take the time to explain the complexities of defective drug cases in a clear and accessible way. Our experienced attorneys will review your situation and help determine the best course of action based on your circumstances.
Contact our team today to schedule a free, no-obligation consultation.
