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How Do Pharmaceutical Companies Practice Drug Safety and Liability?

People use pharmaceutical drugs with the expectation that they will make them feel better. Companies are required to thoroughly test medicines before they reach the market, but there are cases when complications and dangerous side effects can arise. Examples include manufacturing defects, false marketing, and insufficient testing. The consequences of these negligent actions can range in severity from minor injuries to, in the most extreme cases, possible death. If you suffered injuries as a result of a prescription drug, you may be eligible to receive financial compensation by filing a pharmaceutical liability claim with the support of our personal injury team at Fleschner, Stark, Tanoos & Newlin.

Defining Pharmaceutical Liability

By law, drug manufacturers must take specific steps to ensure that their prescription drugs are safe and free from severely dangerous product defects. To avoid liability, pharmaceutical companies must comply with FDA regulations. However, these companies have a strong financial incentive to get their product on the market and keep it there. This can lead companies to neglect investigating any complications or even to commit fraud to avoid the FDA’s radar.

Pharmaceutical Liability: Duty to Care, Warn, and Report

While a pharmaceutical company is required to thoroughly research the drug’s safety before seeking FDA approval, drug manufacturers must continue their research to ensure the long-term safety of the medicine. Additionally, they have the “duty to warn” and must report their findings to the FDA. A company may fail to inform the FDA of potential dangers associated with the drug. In that case, doctors may prescribe medications that they would not have otherwise prescribed if they were aware of the FDA warnings or risks associated with the drug.

The FDA has an extensive drug development oversight process designed to protect consumer safety, but issues may still occur during development. A pharmaceutical producer has a “duty of care” to thoroughly research, test, and manufacture the drug. However, complications can result in the drug’s design or manufacturing. A design defect refers to flaws in the drug’s composition, while a manufacturing defect refers to a defective product that experienced errors during production. Both types of liability can result in serious injuries and health complications.

Marketing Defects

Another example of how pharmaceutical companies may be liable for harm caused by their products is through false or misleading marketing practices. The FDA has strict regulations for how pharmaceutical companies can advertise their products. Pharmaceutical companies might commit fraudulent marketing practices by embellishing the effects of a medication, suggesting that the drug can be used to treat an ailment not approved by the FDA, or making misleading claims about the drug’s safety. As a result of these practices, patients may waste their money believing the drug will effectively treat them, experience adverse side effects, or delay their proper medical care.

File a Claim With Us When a Pharmaceutical Company Does Not Engage in Safe Drug Practices

The pharmaceutical industry is sadly full of financial motives to insufficiently research their product, ignore concerns, and falsely market the medication. Pharmaceutical liability laws are meant to protect consumers from unsafe and ineffective drugs, and hold pharmaceutical companies responsible for any harm caused by their products. Yet they will occasionally break those laws to make a profit. If you were injured by a faulty medication, contact our qualified dangerous drug attorneys today at Fleschner, Stark, Tanoos & Newlin.

Reach out to a Terre Haute Personal Injury Attorney Today

The financial burden that often comes with a serious injury can be too much for many people to bear. Unexpected medical debt, damaged personal property, and the sudden loss of income can impact the budgets of most families. The good news is that a successful injury claim could help reduce that financial strain after a serious accident. Get in touch with a Terre Haute personal injury lawyer with Fleschner, Stark, Tanoos & Newlin to learn more.

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