Numerous drugs and devices cause serious harm to patients every year. There are major
lawsuits 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.
If you were harmed by a dangerous drug or device in LA, our attorney can work diligently
to hold liable parties accountable. Call (626) 323-8351 to schedule a free consultation.
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,
making it important those affected consult with a Los Angeles, Claremont, and Pasadena
dangerous drug attorney.
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:
Drugs
Fen-Phen
Baycol
Serzone
Tequin
Fosomax
Ortha Evra
Vioxx
Paxil
Human Tissue
Medical Devices
Defibrillators
Heart Valves
Artificial Hip Joint
Jaw Implants
Breast Implants
Guidant Pacemaker
Dialysis Machines
Cosmetic Implants
Heart Monitors
Bringing Claims Against Pharmaceutical Companies and Drug Manufacturers
Injured parties and their Pasadena dangerous drug lawyers 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.
Defective Design: This 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.
Defective Manufacturing: This 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: This 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 providers.
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 suppliers 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 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.
Importance of a Los Angeles region Dangerous Drug Lawyer
There are time constraints such as the statute of limitations and time-limited settlements
taking place with major drug and device manufacturers.
The Claremont, Pasadena, and Los Angeles
Law Offices of Scott Glovsky
can help you recover against negligent drug and medical device manufacturers. Our
LA County dangerous drug attorneys have extensive experience in complex medical litigation.
Contact us today
for a free consultation.
If you were harmed by a dangerous drug or device in Los Angeles, don’t wait to seek justice. Contact us onlineto request a free case evaluation.
Scott began representing policyholders instead of insurance companies in 1999 and has consistently sought justice for his clients in ways other firms cannot. Scott is passionate about helping policyholders obtain treatments, coverage, and reimbursement from California insurance companies, including Aetna, Anthem Blue Cross, Blue Shield of California, Health Net, Kaiser Permanente UnitedHealthcare, and other companies providing insurance.
$17.3 Million
Wrongful death personal injury case.
$17.3 Million
I enjoy getting families the justice and compensation they deserve.
$14.9 Million
I’m happiest when I’m fighting for justice against big companies that think they’re untouchable.
$10 Million
General areas addressed: health insurance; treatment and procedure coverage; physician recommendations; critical organ, brain, cancer or spinal cord issues; and out of network coverage issues.
$9.29 Million
Arce v. Kaiser. Kaiser Permanente sued for denying ABA and speech therapy to children with Autism Spectrum Disorders.