According to Newsweek, the fourth leading cause of death in the United States is adverse drug reactions resulting from properly prescribed prescription drugs. The only leading causes of death that surpass reactions to prescription drug medication are heart disease, cancer and strokes.
Use of prescription drugs has become very widespread and, along with the rapid growth of the pharmaceutical industry, the number lawsuits against pharmaceutical liability have also grown proportionately.
Common reasons for cases brought against pharmaceutical liability include:
- Wrong dosage
- Wrong medication
- Drug allergies
- Long-term side effects
- Defective drugs
- Lack of patient history
- Illegible prescriptions
- Improper drug therapies
- Insufficient pain management
- Multiple prescriptions in conflict
Some drugs are rushed to the market to provide medical relief; others have hidden side effects that are only revealed over time. In efforts to increase profits, some pharmaceutical companies implement production targets to release new drugs, which at times due to conflict of interest, end up pushing the envelope on required testing. Through compromised testing, dangerous products make their way to the market.
Examples of drugs that have come under scrutiny for causing adverse reactions or dangerous side effects include Fen Phen, Di-Ethylstilvestrol (DES), and Avandia, to name a few.
Unfortunately, most drug recalls do not occur until someone has been severely injured or died as a result of the prescription drug.
Where the Liability Rests
Determining liability is fundamental to preparing an effective pharmaceutical liability case, and our lawyers at The Law Offices of Creedon & Feliciani, P.C. have extensive experience in evaluating cases to determine causes of injury. Pharmaceutical companies, pharmacists, and prescribing physicians may all be liable for injury or death resulting from medication, depending on the circumstances of the particular situation. When a patient is taking multiple medications and one reacts badly with another, the pharmacist or doctor may be liable. When given the wrong dosage, wrong prescription, or errors in both occur due to illegible prescriptions, both the pharmacist and doctor may bear responsibility for resulting harm.
Generally, the pharmaceutical company is held accountable for notifying consumers and health care providers of the potential risks and side effects associated with drugs based on “failure to warn” laws. Physicians are typically not targeted in defective drug cases.
Our personal injury lawyers at The Law Offices of Creedon & Feliciani, P.C. represent plaintiffs in actions brought against physicians and pharmacists for pharmaceutical malpractice, as well as drug companies for defective drug products. Our attorneys have also represented clients in pharmaceutical liability defense cases, such as insurance companies, physicians and pharmacists. We are committed to seeing that those who deserve to be compensated receive compensation and those who are unjustly being prosecuted receive justice.
TILT THE SCALE IN YOUR FAVOR
Please call our law firm at (610) 239-9630 to arrange a free initial consultation with a personal injury lawyer to discuss your pharmaceutical liability concerns. Plaintiff injury cases are taken on a contingency fee basis. Defense liability cases are subject to a fee schedule offered at competitive rates.