Legal Options in Ohio if Seriously Harmed by a Recalled Drug

Pharmaceutical companies are supposed to provide medications and devices to help us. When medication is found to be defective, drug recalls take place. Despite these drugs being pulled from the market, their side effects can still linger, causing serious harm to you or your loved ones.

Logo

We rely on pharmaceutical companies to develop drugs and medical devices that help us control and treat medical conditions, diseases, and injuries. Sadly, sometimes these drugs and medical devices have defects that lead to serious side effects such as stroke, heart attack, kidney failure, certain types of cancer, and even death. Even if these dangerous drugs are recalled, you can still suffer from their side effects and be left with medical bills, lost wages, and a great deal of pain and suffering.

If you’ve been hurt by a recalled drug, it is in your best interest to consult the experienced Ohio product liability attorneys at Kisling, Nestico & Redick by calling 1-800-HURT-NOW. We have years of experience representing clients in drug recall cases and will help you recover compensation for your damages.

Responsibilities of Pharmaceutical Companies

Pharmaceutical companies are responsible for testing their drugs and medical devices prior to submitting them for approval by the Food and Drug Administration (FDA). These companies must also ensure that the labels on their drugs and medical devices include any side effects and warnings so that doctors and consumers are aware of any risks. If pharmaceutical companies fail to adhere to these requirements and a design defect, manufacturing flaw, or insufficient labels/warnings are found, they can be held liable in a product liability lawsuit.

How Drug Recalls Work

A drug recall begins when there are reports from doctors, patients, pharmaceutical companies, or any group or individual that discovered a problem with the drug or medical device. Once there have been reports of unsafe drugs or devices, these goods will be assessed for danger. Details about the issues these drugs and devices cause will be evaluated to determine if the reports are valid. In the event that the reports are, indeed, valid, the recall must be reported to the United States Department of Health within 24 hours.

Since each recall is different, the strategy of recalling hazardous drugs or medical devices will depend on how dangerous the drug is, and whether a level I, II, or III recall will be issued. After the strategy has been designed, information about the recall will be published on the FDA’s website, and the FDA will monitor the recall to make sure it is implemented properly. Details regarding the recalled drug or device will be available to the public via the archives on the FDA website.

How Drug Recalls Affect Personal Injury Claims

It’s important to understand that a drug recall does not automatically mean the pharmaceutical company is liable. Although you can use the recall as evidence to establish the drug that hurt you was dangerous, you still must prove the elements of a product liability case: that the drug was defective and that defect was the cause of your condition or injuries. While recalls can assist in establishing that the type of defect you are referring to existed, photos, witness testimony, and other evidence will be necessary in order to win a product liability case.

A pharmaceutical company cannot use drug recalls to defeat a claim brought against them. They must prove that you were notified of the recall and the dangers posed by the drug.

Legal Options for a Dangerous Drug Injury

If you have used a drug or medical device that has been recalled and have experienced dangerous side effects, it is imperative that you reach out to a product liability lawyer. Even if the drug or device was already recalled, you may still be eligible for compensation in a product liability lawsuit, especially if you were hurt before the recall was announced.

The skilled Ohio product liability lawyers at Kisling, Nestico & Redick can evaluate the circumstances of your case and determine whether you have a valid claim. Product liability lawsuits are complex, especially when they involve drug recalls. Thus, it is important that you to seek legal representation if you’ve been harmed by a recalled drug or device.

Contact Kisling, Nestico & Redick

If a recalled drug has left you injured, contact the Ohio product liability attorneys at Kisling, Nestico & Redick as soon as possible. In a free, no-obligation consultation, we’ll ensure your rights are protected and discuss avenues of pursuing compensation on your behalf. Call us at 1-800-HURT-NOW.