What Makes a Drug Dangerous
A drug is considered dangerous when it poses unreasonable risks to patients that outweigh its therapeutic benefits. This can occur when a pharmaceutical company fails to adequately test a drug before bringing it to market, conceals known side effects, or continues to sell a drug after evidence of harm emerges.
Drugs may be dangerous due to:
- Undisclosed side effects: The manufacturer knew or should have known about serious side effects but failed to warn patients and doctors
- Inadequate testing: The drug was not subjected to sufficient clinical trials before FDA approval
- Manufacturing contamination: Impurities introduced during the manufacturing process make the drug harmful
- Misleading marketing: The drug was promoted for off-label uses or its risks were downplayed in marketing materials
Types of Dangerous Drug Claims
Dangerous drug litigation can take several forms depending on the nature of the defect and how it caused harm to the patient. Understanding the type of claim that applies to your situation is critical for building a strong case.
The primary types of dangerous drug claims include:
- Defective design: The drug's chemical formulation is inherently dangerous, even when manufactured correctly
- Manufacturing defects: Errors during production, such as contamination or incorrect ingredient ratios, render a specific batch of the drug unsafe
- Failure to warn: The manufacturer failed to provide adequate warnings about known risks and side effects to patients and healthcare providers
- Off-label promotion: The drug company illegally marketed the medication for uses not approved by the FDA
FDA Recalls and Safety Warnings
The U.S. Food and Drug Administration monitors drug safety and can issue recalls, safety alerts, and black box warnings when drugs are found to pose serious risks. However, the FDA approval process is not infallible, and many dangerous drugs remain on the market for years before their risks become fully known.
If a drug you have taken has been subject to an FDA recall or safety warning, you may have grounds for a legal claim. Even drugs that have not been recalled can be the subject of litigation if evidence shows the manufacturer knew about the risks and failed to act.
Our attorneys stay current on FDA actions and drug safety developments to identify potential claims and protect our clients' rights as early as possible.
Pursuing Compensation for Drug Injuries
Victims of dangerous drugs may be entitled to compensation for medical expenses, lost income, pain and suffering, and other damages. In cases involving particularly egregious conduct by pharmaceutical companies, punitive damages may also be available to punish the wrongdoer and deter similar behavior in the future.
Dangerous drug cases are often complex, involving battles against well-funded pharmaceutical companies with teams of lawyers. At Roselli & McNelis, our trial attorneys have the resources and experience to take on these powerful defendants and fight for the compensation our clients deserve.
If you believe you have been harmed by a dangerous drug, contact our office today for a free consultation. We handle all dangerous drug cases on a contingency fee basis, meaning you owe nothing unless we recover compensation on your behalf.