Dangerous Drugs: A Look at Legal Liability for Harm from Pharmaceuticals

发表于:February 5th, 2016byGregory Froom, J.D.暂无评论

现代药物改善了生活质量,并在美国和全球各地延长了数百万人的寿命。当药品就像他们应该这样的工作时,他们提供了不可估量的益处。

Unfortunately, that’s not always the case. Many prescription and over-the-counter drugs have negative consequences that far outweigh their benefits. In addition to dangerous side effects, some medications contain contaminants that can cause serious illnesses or injuries.

Recalls, “black box” warnings and other measures may attempt to address problems caused by harmful pharmaceuticals. However, these often come too late for patients whose health has been harmed by a dangerous drug.

你的健康应该是你先天的ty. One way to ensure you get – and can pay for – the medical treatment you need could involve bringing a legal action against the company responsible for making the dangerous medication that harmed you. Pharmaceutical companies make billions of dollars on the products they sell. When those products hurt someone, they should be held responsible for the consequences.

Victims of dangerous drugs may be entitled to monetary compensation by bringing a products liability claim against the medication’s manufacturer and possibly other responsible parties in the development and distribution chain. These cases may be brought individually, as a part of a class-action lawsuit or as a part of a mass tort lawsuit or multi-district litigation.

A Flawed Drug Approval Process

在新药被释放到市场之前,应该进行彻底的测试,以确保它是安全的,有效的,并且不会导致不合理的危险副作用。由于毒品公司有可能提出大量利润,如果一个新产品成功,它符合食品和药物管理局(FDA)批准的药物的兴趣。

尽管有很多人认为,FDA实际上并没有测试绝大多数新药物本身。相反,FDA允许制药公司自己运行药物的测试,然后提交结果以获取批准。由于批准是毒品公司的兴趣,这将打开潜在问题的大门 - 包括危险药物将进入药物内阁的真实可能性。

Examples of potential problems with new drug tests include study samples that are too narrow or too short in duration. The drug manufacturer may downplay results that indicate the drug is less effective or safe, and may even fail to report negative data to the FDA.

The current testing and approval process sets the stage for dangerous side effects and other drug hazards to remain obscured until patients begin taking the medication and suffering negative outcomes. “Off-label” marketing is another issue with medication safety. Some pharmaceutical companies have encouraged doctors to prescribe medications to treat conditions that the drugs are not approved to treat, which can cause serious medical problems.

Even if a drug has been properly approved and marketed, it may still later be found to cause serious harm. In these situations, the FDA may pull the drug from the market, issue a recall, limit its uses or require a “black box” warning about its dangers. Unfortunately, this often doesn’t happen until hundreds or even thousands of patients have been harmed.

如果你被危险药物伤害了该怎么办?

If you have suffered because of a dangerous drug – or you have lost a close relative who died after taking a dangerous medication – you may be entitled to compensation from the parties responsible for developing, manufacturing, marketing and distributing the product.

The first step you should take is to seek medical treatment. Do not stop taking the medication without talking to your doctor first. Be sure to keep the drug’s bottle or container, its packaging and any accompanying documentation, as well as any doses of the medication that you haven’t yet taken. These may be useful when you seek medical treatment. They can also be valuable evidence in a potential lawsuit.

After you have sought treatment for your immediate health concerns, you should then contact an attorney who has experience with dangerous drug claims. Pharmaceutical companies typically put up a strong fight on these claims since their reputation and so much money is at stake. This makes it important to work with an attorney who has the resources and experience to deal with the complex technical issues inherent in a dangerous drug claim.

About Author

Comments

Login发表评论。没有帐户?It's free!

发表评论

Baidu