Defective Drugs
Wrongful Death Lawsuits
Millions of consumers take medications to manage medical conditions and/or relieve pain. An estimated 82 percent of U.S. adults take at least one drug (either prescription or over-the-counter medication or a vitamin or other dietary supplement) and approximately 30 percent take at least five drugs in any given week.*
Drug manufacturers and marketers have a duty to provide safe products to their consumers. Unfortunately, some drugs are not adequately tested, are not properly labeled and/or contain other defects that cause serious injury or even death. If a loved one has died as a result of a defective drug, the family members may be able to recover:
- Compensation for economic damages such as medical and funeral expenses, and lost future financial support, including expected income, inheritances, gifts and other benefits.
- Compensation for non-economic damages for the lost love and support the deceased would have provided.
- Punitive damages to punish the manufacturer for bad acts.
While no amount of money can bring back a loved one, it can ease the financial burden that has been placed on the family. However, a defective drug lawsuit for wrongful death is usually only allowed for a limited period of time after the person has died. If you have lost a loved one and a defective drug may be to blame, contact a wrongful death lawyer to learn about the wrongful death laws in your state, as well as settlements and lawsuits related to defective drugs.
Liability for Defective Drugs
If a defective drug has killed someone, the survivors may be able to sue the drug manufacturer for wrongful death based on product liability. Strict liability, negligence or failure to warn may be asserted, and some states even have special pharmaceutical liability statutes. A defective drug lawsuit typically contains one or more of the following claims:
- The drug company failed to disclose adverse test results and/or adverse effects
- The labels or warnings failed to provide safe instructions for use, failed to warn about drug interactions, adverse reactions or dangerous side effects and/or failed to provide information about contraindications or preexisting conditions that increased the risk of harm
- The drug was defective in its design and not fit for its intended purpose
- The drug was accidentally or intentionally tainted, contaminated or mislabeled
- The drug company promoted the use of the drug outside the scope of its FDA approval
If you believe a family member has died because of an over-the-counter or prescription medication, contact a personal injury lawyer who can advise you of your rights and help decide whether you should pursue a settlement or file a lawsuit for wrongful death.
The Role of the FDA
Since its inception in 1973, the FDA has required manufacturers to test and submit all new drugs for approval before they can enter the market. In order to receive FDA approval, the following criteria must be met:
- The drug is safe and effective in its proposed use(s)
- The benefits of the drug outweigh the risks
- The proposed labeling or package insert is correct
- The manufacturing process is sufficient to preserve the drug's identity, strength, quality, and purity
While the FDA plays an important regulatory role, it does not provide a legal shield for drug manufacturers if a drug turns out to be defective. The manufacturer may have deliberately withheld information from the FDA during the approval process. Moreover, because of the small number of patients involved in the original drug testing, many risks may be discovered only after a drug has been on the market for an extended period of time. For example, delayed, long-term or unusual side effects may take years to uncover.
Additionally, unique and/or at-risk populations (e.g., very young or elderly, those with complicated disease processes and those taking other medications) usually do not participate in clinical trials, so there may be unforeseen risks to them. As new information becomes available from additional testing or consumer reports, the manufacturer or seller must disclose the information, update its warnings or even recall the medication.
Prescription Medications. FDA warnings and recalls are ongoing. Recent examples include Reglan, a prescription medication linked to a condition called tardive dyskinesia, and Celebrex, an anti-inflammatory drug that can cause cardiac events and lead to gastrointestinal bleeding in some patients. Other widely prescribed medications that have had warnings issued or even been recalled include:
- Propulsid
- Duract
- Lotronex
- Hismanal
- Raplon
- Raxar
- Bextra
- Baycol
- Zyprexa
- Remicade
- Posicor
Dietary Supplements. The FDA recently identified 69 different products marketed for weight loss that pose very serious health risks. Ingredients found in these products include sibutramine, which can cause high blood pressure, seizures, tachycardia (rapid heartbeat), palpitations, heart attack or stroke; and phenolphthalein, a solution used in chemical experiments and a suspected cancer causing agent. Suspect products include 3 Day Diet, 7 Day Herbal Slim, Hydroxycut and 8 Factor D — a complete list is available on the FDA's website.
Other FDA-regulated Drugs. The FDA's regulatory authority also extends to drugs that are neither prescribed nor available for purchase over the counter. For example, the drug gadolinium, which is sometimes added to contrast dyes used in magnetic resonance imaging (MRI) scans, has been linked to a potentially fatal condition called nephrogenic systemic fibrosis (NSF).
Contact a Wrongful Death Attorney
Defective drug lawsuits can be complicated and costly. The pharmaceutical industry is notorious for its "deep pockets." Expert testimony is often needed to help present pharmacological, regulatory, medical and other specialized issues these cases involve. If many people have died from the same medication, it may be a good idea to initiate or join a class action suit. An experienced lawyer can evaluate the facts and circumstances of your case, provide you with examples of settlements and make a recommendation that is best for you. 
* Source: Slone Epidemiology Center. Patterns of medication use in the United States, 2004: a report from the Slone Survey.
[Last revision: July 20, 2010]
In 2007, pharmaceutical companies spent roughly $3.5 billion on television advertising.
Source: USA Today