Dangerous prescription drugs and defective medical devices contribute to thousands of preventable illnesses, injuries and deaths each year.
The Mobile, Alabama, personal injury attorneys at Long & Long are proud to represent consumers who have suffered due to the negligence of pharmaceutical companies and medical product manufacturers. If you were harmed or a family member died because of a dangerous medication or faulty medical device, please call (251) 432-2277 for your free consultation with one of our experienced lawyers.
Hazardous Drugs and Medical Devices
The U.S. Food and Drug Administration (FDA) issues warnings and recalls for hundreds of prescription drugs and medical devices every year, yet these safety measures often arrive only after innocent people have experienced life-changing adverse effects.
The attorneys at Long & Long are currently reviewing pharmaceutical and medical product claims related to:
Negligence in Dangerous Drug and Medical Device Lawsuits
The makers of unsafe drugs and medical devices may be held accountable for resulting complications when their products:
- Feature a design flaw that makes the medication or device inherently dangerous
- Reach consumers with a manufacturing error, such as the introduction of a hazardous substance
- Fail to provide proper warnings of potential side-effects
- Employ deceptive marketing, such as erroneous or exaggerated details about the effects of the product
The physical, financial and emotional impacts of dangerous prescription drugs and medical devices can be devastating for victims and their families. Our attorneys are here to help you pursue the compensation you need to cope with medical expenses, lost income, pain and suffering, and other damages so you and your family can move forward with your lives.
The Role of the FDA in Drug Recalls
While the U.S. Food and Drug Administration does play a significant role in food, drug, and cosmetic recalls, their actual legal power tends to get overestimated. In fact, the FDA does not have the “power” to recall anything unless it is a medical device, human tissue product, or infant formula. So, what exactly is the FDA’s role in product recalls?
Typically, when a product is found to be unsafe or defective, its manufacturer or distributor will recall the product without any government intervention. It is in their best interest to get faulty and potentially dangerous products off the market as soon as possible. If the FDA is the first to discover the faulty product, then they may request a recall by the manufacturer. In most cases, the manufacturer will recall the product voluntarily. If a manufacturer does not recall an unsafe or defective product, then the FDA can make a written request to the manufacturer. If this is not complied with, then the FDA can take legal action.
Manufacturer’s Responsibilities During a Recall
Manufacturers have to follow certain guidelines and procedures during the recall of a defective product. They are as follows:
- They must assume full responsibility for the recall process
- They must notify the FDA when the recall has begun
- They must provide progress reports to the FDA
- They must perform follow-up checks to see that all defective products are taken off the market
After all defective products are returned to the manufacturer, the FDA then makes sure the products are either suitably reconditioned or destroyed.
The extent of FDA involvement in a recall depends largely on the amount of risk the product poses to public health and safety. The classification of defective products is as follows:
- Class I: Includes defective, or mislabeled products which are likely to cause serious health complications or death upon exposure.
- Class II: Includes defective, or mislabeled products which are likely to cause temporary or reversible health complications upon exposure.
- Class III: Health complications are not likely to result from exposure, but the product does not meet FDA manufacturing or labeling regulations.
If you were harmed or a loved one died as a result of a hazardous prescription medication or other medical product, please contact The Long Brothers online or by phone at (251) 432-2277 today for your free case evaluation. Our accomplished lawyers welcome clients from the greater Mobile area and across Alabama.