Who Regulates Prescription Drugs?

The Food and Drug Administration is a federal agency that works to protect the American public from unsafe foods, drugs, cosmetics or any other consumer product. The FDA has been known as one of America’s most trusted organizations because they will recall products if there’s proven danger once it enters onto our shelves ensuring your safety comes first.

The FDA categorizes these recalls into three classes:

  • Class I is for a dangerous drug or product that could cause serious health problems or lead to death
  • Class II is for a drug or product that may cause a temporary health problem or for which there is a slight risk of serious harm.
  • Class III is for a drug or product that is unlikely to cause any adverse effects on a person’s health but violates the FDA’s labeling or manufacturing laws.

It is important to note that not every recall is announced on the FDA’s website or by the news media. These measures are generally reserved for drugs or products that have been widely distributed and/or that pose a serious health risk. If the company responsible for the drug or product does not issue a recall the FDA may do so if they feel it is necessary to protect the public.

Some examples of recent drug and product recalls include:

  • Talcum Powder
    A jury in Missouri awarded a woman’s family $72 million after it was determined that she died from ovarian cancer. She had used talcum powder in her underwear daily for years and Johnson & Johnson, who manufactured the talcum powder, had failed to warn consumers about the risks of using talcum powder. This 2016 jury award followed a 2013 federal case where another woman with ovarian cancer had been put at risk by Johnson & Johnson’s baby talc products. Over a thousand women are now suing the company for their negligence.
  • Xarelto
    Xarelto (generic name rivaroxaban) is a blood thinner made by Janssen Pharmaceuticals which is owned by Johnson & Johnson. The drug is marketed by Bayer. The drug is often prescribed to prevent blood clots but has been linked with heavy internal bleeding that has led to the death of some patients. A lawsuit about the drug has been working its way through the U.S. Circuit Court in the Eastern District of Louisiana.
  • Syngento GMO Lawsuits
    When Sygento introduced its genetically modified (GMO) corn into the US market, American farmers, including those in Georgia, suffered a major loss because China prohibited the import of US corn because they had not approved use of the GMO corn.
  • Transvaginal Mesh Lawsuits
    This implant has been used to help women with pelvic organ prolapse. However, many of the women who received the implant are now complaining of serious health issues related to the implant and investigation into the product is currently underway.

While the Millar Law Firm is not lead counsel for any class-action mass tort cases we have relationships with firms who act as lead counsel in such cases and may either work with them on your case or refer your case to them at no additional cost to you.

Why Have Dangerous Drug Lawsuits?

Dangerous drug lawsuits and lawyers exist to ensure that drug manufacturers are held accountable when they put a dangerous drug out on the market that causes injury to consumers especially when the company fails to make a recall of the defective and/or potentially dangerous drug on their own.

Pharmaceutical drugs can injure consumers. These injuries usually occur through side effects of or defects in the medication. These side effects are often unknown until the drug reaches the general public.

Injuries associated with the side effects of pharmaceutical drugs will vary and can include such serious health risks as:

  • Cancer
  • Internal bleeding
  • Blood clots
  • Stroke
  • Heart Attack
  • Symptoms associated with dislodging or tearing of an internal medical device
  • Illness due to contamination of the drug with mold or other foreign substances

These side effects can have a long reaching impact not only for the individual taking the drugs but also those around them who must provide lifelong care if these side effects can lead to permanent disability, disfigurement and even death.

If you or a loved one has been injured by a dangerous drug, the Millar Law Firm can help. We take the time to listen, understand the facts and circumstances of your case and help guide you through your options. If we are able to accept your case or refer you to another law firm our firm or lead counsel will conduct an investigation which includes finding other potential instances of negative side effects from the drug to help ensure that the companies responsible are held accountable for their potentially negligent acts.

Who Gets Sued in a Dangerous Drug Case?

In a class-action mass tort suit the drug manufacturer is the most likely defendant. Sometimes the company in charge of marketing the drug can also be held accountable.

In some cases the pharmacy who sold you the drug or a prescribing physician may be accountable for your injuries in addition to the companies who manufactured and/or marketed the drug. This is because your physician and the pharmacy stand as the last guard for you against potentially dangerous drugs. This is especially true because they are much more familiar with your individual medical history, existing conditions and individual health risks.

What Is a Class Action Lawsuit and Why Are They Prevalent in Dangerous Drug Cases?

A class-action lawsuit exists when a group of individual plaintiffs have the same or similar claims against a defendant or group of defendants. Rather than each individual person suing the company or companies for the same thing, clogging up the court system a class action lawsuit may be brought where all the individual plaintiffs sue the defendants as a group in one lawsuit. Any recovery from this lawsuit is then usually divided among the individual plaintiffs.

This type of lawsuit is more common in dangerous drug cases because there can be many people affected by the drug in the same or similar ways. In order to help ensure that the companies are held responsible for the dangerous drug or medical device these plaintiffs will come together and file a single lawsuit or consolidate multiple lawsuits against the company or companies involved. An advantage of having a class-action lawsuit is that the plaintiffs can pool their discovery from the defendants which can often lead to a more compelling case.

How Are Drug Injury Cases Different from Regular Personal Injury Cases?

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Drug Injury cases can differ from other types of personal injury cases because plaintiffs are often dealing with major companies or corporations that have a large legal team at their disposal. In addition, there are often many potential plaintiffs which often results class action mass tort lawsuits given the number of people affected by the drug.

Call, or email through our Contact Form to get in touch with The Millar Law Firm today and get a free, no risk consultation regarding your dangerous drug case!