Pharmaceutical Injuries and Pharmaceutical Negligence
ll drugs are associated with adverse effects or side effects. However, drug manufacturers and sellers have certain responsibilities to the public.
These responsibilities include duties to exercise reasonable care in:
- Drug development, manufacture, inspection, and labeling
- Keeping the Food and Drug Administration (FDA) informed of drug side-effect reports and warning the public of adverse effects
- Advertising in a truthful and non-misleading way
This duty of care remains even after a drug is approved by the FDA.
Physicians also have the duty to prescribe appropriate medications and pharmacists must fill prescriptions accurately. In other words, drug manufacturers are not the only ones who can be responsible for pharmaceutical injuries.
Because failure to live up to these duties can cause harm and loss of lives, compensation for pharmaceutical injuries can be sought through the US court system.
Pharmaceutical negligence lawsuits: Accutane
Any drug can cause a pharmaceutical injury if manufactured, prescribed, or sold improperly. However, Accutane (isotretinoin) acne treatment, marketed and sold by Roche Pharmaceuticals, has been the subject of a large number of lawsuits because of the severe side effects associated with this drug.
These side effects have included:
- Birth defects
- Spontaneous abortions
- Depression
- Suicide
- Inflammatory bowel disease (IBS) (e.g., Crohn’s Disease, Ulcerative Collitis)
In some cases, allegations about Roche’s failure to warn of Accutane side effects have led to jury awards of millions of dollars.
Should you go to court for a pharmaceutical injury case?
The results of any litigation are uncertain and success requires an ability to prove beyond a reasonable doubt that:
- There was a failure in the duty of care.
- This failure resulted in a pharmaceutical injury.
Additionally, you must file a suit within a certain period of time that can vary from state to state.
However, if you are able to prove these elements and file your lawsuit in the proper time period, you may be entitled to compensation.
If you have been harmed by pharmaceutical negligence, you do have rights. If you have questions about pharmaceutical injuries and/or particular drugs, such as Accutane, please contact an experienced pharmaceutical injury attorney in your area as soon as possible.