Tennessee Product Liability Law: Dangerous and Defective Drugs
People often seek out relief from ailments, illnesses, and diseases from pharmaceutical medications with the intention of feeling better, but sadly, these very medicines can sometimes inflict harm in the event that they are not appropriately designed and tested for safety. At InjuryTN, our experienced personal injury attorneys understand that those in the pharmaceutical industry will often speed up the process of manufacturing and distributing products to meet increasing demands without thoroughly vetting the product.
Nonetheless, those responsible for the manufacturing and distribution of pharmaceutical drugs have a legal responsibility to ensure their products are safe for consumption by humans. However, drug manufacturers are notorious for minimizing or even occasionally entirely concealing potential risks from both the public and federal regulators. In the event that the US Food & Drug Administration (FDA) is unable to launch a full investigation and evaluation of an application, the result could be catastrophic, with a dangerous drug being released to the public. Although any drug will have side effects, those which tend to cause more serious, adverse side effects which are more prevalent than its intended positive effects might be seen as defective.
Most Commonly Recalled Pharmaceuticals
Drugs which have been deemed defective include numerous commonly used prescriptions and over-the-counter drugs, ranging anywhere from allergy medicine to birth control rings. The most common of these defective or recalled drugs include some of the following:
- Actos and Avandia
- Nuva Ring/Yaz/Yasmin
This issue has been becoming more and more prevalent as the amount spent on prescription drugs in the US has exceeded $230 billion over the past 10 years. Nearly 50% of Americans routinely take at least one prescription medication, and reports from NPR have estimated that in the course of a given year, the average American will spend approximately $1,000 on pharmaceutical drugs. This estimate is almost 50% more than Canada’s annual expenditure, the second highest spender on pharmaceuticals in the world.
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Risks of Dangerous and Defective Drugs
Such figures have stablished drugmakers as some of the world’s top earners, raking in more than $80 billion every year. But still, consumers continue to endure serious adverse side effects of dangerous medications as well as medical devices. The ill effects which are often associated with hazardous or defective drugs may include:
- Heart damage
- Increased risk of heart attack or stroke
- Increased risk of deep vein thrombosis
- Kidney damage
- Liver damage
- Lung damage or pulmonary embolism
Defective Drug Liability Claims
Middle Tennessee product liability claims brought against big pharmaceutical companies are incredibly intricate and difficult to traverse alone. Such large business entities have been friendly with legislators for years, resulting in the passage of numerous significant legal battles for plaintiffs in drug injury cases.
For a defective drug product liability claim to be successful, the plaintiff will have to explore one of three different categories of applicable product liability:
- Dangerous Side Effects – Asserts that although a drug could have been properly made, it causes adverse side effects which are potentially dangerous. Sometimes, plaintiffs will only need to prove that this drug increased the consumer’s risk of severe adverse health issues.
- Defective Manufacturing – This includes drugs which have been insufficiently produced and by one way or another have become tainted or contaminated. This may be a flaw in the method used when the drug was being created, packaged, or labeled.
- Improper Marketing – Such cases will involve drugmakers failing to adequately warn consumers of potential dangers of using the drug or label the product to instruct consumers on its proper use.
Contact Experienced Product Liability Attorneys
Those who have fallen victim to dangerous or defective drugs could be entitled to compensation for coverage of medical expenses, loss of wages, and reduced quality of life as well as pain and suffering. Fortunately, the experienced Middle Tennessee legal team at InjuryTN is ready to fight for fair compensation for the injuries you or your loved one have endured because of a dangerous or defective drug. In the event that you or someone you care about has been injured in Middle Tennessee, contact InjuryTN for your free and confidential case evaluation with an experienced product liability attorney. There are no costs or fees until we win your case.