Defective Drug & Medical Device Lawyers in California
Numerous drugs and devices cause serious harm to patients every year. There are major law suits involving household name drugs like Vioxx, Fosamax and Zyprexa and well-known medical devices that include artificial hips from Stryker, DePuy and Zimmer.
You have probably seen or heard commercials like these:
“Warning, if you or a loved one has been seriously injured by the arthritis drug Vioxx… call us at … “
“Depuy orthopedics has issued a recall of hip replacement joints implanted in over 90,000 patients…”
“Attention Fosamax users, the FDA has warned that this drug has been linked to bone fractures…”
As tacky as this type of ad may seem, the message is very real. Drug and device manufacturers have no right to release products that cause harm to patients. Oftentimes these harms occur because drugs and devices are not thoroughly tested. Worse, many manufacturers leave drugs and devices on the market even after they learn of evidence that their products are defective. The damages that result can be life altering.
You need to call a personal injury lawyer if you’ve experienced complications or injuries from a drug or device. Our consultation is free. We can help you understand your options. Call us at 1-877-316-2093, complete the form below or send us an inquiry form by clicking here.
Defective Drug & Medical Device Statistics
• 500,000+ adverse drug events are reported to the FDA each year
• 60+ million medical devices are recalled annually
• 100+ million units of pharmaceuticals are recalled each year
• Billions of dollars are paid every year by pharmaceutical and medical device manufacturers to compensate patients for harms
Thousands of patients are injured or harmed each year because drug companies and medical device companies put profits ahead of patient welfare. Insufficiently tested pharmaceuticals and medical devices can cause serious injuries including organ damage, bone fractures and death. In some cases, drug and medical device companies suppress evidence that a product is defective or dangerous. By the time the FDA acts to stop the sale of the drug or device, it is often too late and damage has been caused.
The areas below are some of the areas where manufacturers have been found liable or are being sued for bad drugs and bad medical devices:
Artificial Hip Joint
Bringing Claims Against Pharmaceutical Companies and Drug Manufacturers
Injured parties can bring claims against companies manufacturing bad drugs and medical devices. Generally, there are three ways in which a dangerous drug or device can be found defective and manufacturers can be found liable for injuries caused to patients. These are defective design, defective manufacturing and defective marketing or failure to warn.
Occurs when the drug or device is dangerous because of the way that it was designed. A design defect occurs when the manufacturer or producer fails to design the drug or medical device so that it is safe for its intended use. Typically, the manufacturer could have used a safer alternative design to avoid foreseeable risk. For example, a drug design may result in a bad side effect that occurs after a long period of time. Or, a medical device may fail over time. In these cases, the drug or device may have been manufactured properly.
Occurs when a drug becomes defective in the manufacturing phase. A manufacturing defect occurs during the manufacturing process and has nothing to do with the design. This phase often extends from the manufacturing facility through the implementation of the drug or device. This can occur when a manufacturer uses the wrong materials or fails to use appropriate quality controls. Defects in this category may include faulty or missed manufacturing steps, damage or contamination in shipping or errors in the doctor’s office.
Defective Marketing or Failure to Warn:
Occurs when marketing, advertising or personal counseling from a doctor or pharmacist failed to warn you of dangers associated with the drug or device. A product that is safe when the consumer knows how to use it can turn dangerous without the proper warnings. The manufacturer has a duty to warn users of potential side effects that can make the product dangerous. This category of claims includes situations such as a failure to provide adequate or accurate warnings and failure to provide adequate instructions concerning safe usage. Bad marketing may have been directed at the user or physicians and other intermediaries who relied on this information when discussing the device or drug with patients. Bad advice given to a patient can come from the manufacturer, sales rep, doctor, hospital, or other medical provider.
These claims can be brought against the manufacturer and anyone else in the chain of distribution. Organizations and people involved in this chain may include:
Laboratories: any testing laboratories that performed tests on the medical device or drug.
Sales representatives: pharmaceutical and medical device manufacturers often use sales representatives who meet with doctors and other members of the medical community to sell drugs and devices and make recommendations for uses and applications.
Doctors and pharmacists: the doctors (and pharmacists if a drug) who recommended the drug or medical device may be liable based on their failure to warn you about potential dangers or to provide adequate instructions regarding the proper use of the medical device.
Hospitals and clinics: hospitals and clinics that are part of the chain of distribution between the manufacturer of the medical device and drug and the consumer may be liable for your injuries.
Retailer: Products obtained from a pharmacy, drug store, or other retail supplier may also be liable.
As a consumer or patient, you deserve to be protected against unsafe drugs and medical devices. Too often consumers do not discover until it is too late that the drugs or medical devices they have been using have caused short-term or permanent damage. The costs of related to this harm from medical expenses, lost income and rehabilitation can run into the millions of dollars. You have a right to recover your losses.
If You Have Been Injured By a Defective or Bad Drug or Medical Device In Pasadena, Los Angeles or Claremont, California, Call The Law Offices of Scott Glovsky
There are time constraints such as statute of limitations and time limited settlements taking place with major drug and device manufacturers.
The Pasadena and Los Angeles Law Offices of Scott Glovsky can help you recover against negligent drug and medical device manufacturers. Our trial attorneys have extensive experience in complex medical litigation. We want to help, call us at 1-877-316-2093 or complete the issue form by following this link. We offer a free consultation.