Who is liable for
harm suffered from prescription drugs?
What is a class action lawsuit?
What is the difference between a generic drug and a brand name
medication?
Are generic drugs likely to cause more side effects than brand name
drugs?
I have been taking a drug that was not prescribed by a physician;
do I still have a possible legal remedy for injuries suffered from these
drugs?
What is an “off-label” drug?
What should I do if my doctor prescribes a drug for off label use?
Once FDA approves a drug, does this mean that the product is
perfectly safe?
What should I do if I have a drug product that has been recalled?
What legal rights does an injured patient have?
Do I need a lawyer if I believe I may have a drug claim?
Who is liable for harm suffered from prescription drugs?
Depending on the facts of your individual case, liable parties can range
from the drug manufacturer, to your treating physician, to the pharmacy that
dispensed the medication. An experienced lawyer at Barry & Loewy LLP can help
determine liability in your personal injury claim.
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What is a class action lawsuit?
A class action is a distinctive type of lawsuit that allows a group of
people who have comparable issues to sue another party as a group, or class. The
idea of a class action is that everyone who has been injured by the same conduct
should not have to be put to the expense of hiring his/her own lawyer and go
through the stress of a trial. Certain drug litigation cases fall under class
action lawsuits against the manufacturer.
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What is the difference between a generic drug and a brand
name medication?
A pharmaceutical drug (medication) is usually given two names: a generic and a
brand name. The generic name is the drug’s chemical name; it describes the
chemical makeup of the drug. The brand name is what the manufacturer decides to
call their product.
When a drug patent expires, other companies may produce a generic version of the brand name drug. A generic medication, also approved by the FDA, is basically a copy of the brand name drug and is marketed under its chemical name. A generic drug may have a different color or shape than its brand name counterpart, but it must have the same active ingredients, strength, and dosage form (i.e., pill, liquid, or injection), and provide the same effectiveness and safety as its brand name counterpart.
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Are generic drugs likely to cause more side effects than
brand name drugs?
Since the chemical makeup of a generic drug must have the same active
ingredients as the brand name version of the pharmaceutical product, there is
generally no difference in the side effect rates between generic and brand named
drugs. The FDA monitors the safety and side effect incidence rates for both
generic and brand name drugs.
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I have been taking a drug that was not prescribed by a
physician; do I still have a possible legal remedy for injuries suffered from
these drugs?
In a case where no physician prescribed the drug which caused you injury,
but instead you purchased it on your own, you may still have a claim against the
drug manufacturer. You will not, however, have a claim against your physician.
Another possibility is a claim against the pharmacist if the drug was a
prescription drug.
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What is an “off-label” drug?
An “off-label drug” is use of a drug in ways other than described in the
FDA-approved label. It is legal for physicians to prescribe medications for
off-label uses; however, it is not legal for drug companies to promote
unapproved uses or distort information about a medication’s off-label benefits.
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What should I do if my doctor prescribes a drug for off
label use?
Here are some tips for the next time your doctor prescribes any medication:
- Ask about the risks and benefits - Ask if the drug has been approved for your condition and about the potential benefits and risks involved.
- Talk to the pharmacist - Ask the pharmacist to review the package insert with you before filling the prescription.
- Do some research - Look up the drug in medical reference book or on the Internet. Check whether your condition is an approved use, what the proper dose is, and what the proper duration of use is.
- Inquire about other options - If you are not comfortable with a drug that does not meet FDA-approval for your condition, tell your doctor.
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Once FDA approves a drug, does this mean that the product
is perfectly safe?
No drug product is "perfectly" safe. Every single drug that affects the body
will have some side effects.
Prescription side effects often vary from person to person and drug to drug. The effects of a pharmaceutical drug may be influenced not only by the chemical composition of the medication, but also by the age / health of the patient, the dosage amount, other drug interactions, food / drink interactions, and even by the correct / incorrect storage of the medication.
While the FDA is mandated to safely weight the benefits and risks of all medications before approval, there are many questions regarding the effectiveness of the FDA’s drug review process.
A recent congressional report said that evidence suggests a lack of vigorous and even-handed enforcement to properly protect the public from "dangerous products." It also said the FDA is failing to provide "a level playing field for companies with strong safety records," and thus is not doing enough to "ensure that those who operate with safety are not forced to compete with those who do not." The report said the lax FDA policy was evident even in some cases involving serious injury or death.
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What should I do if I have a drug product that has been
recalled?
If you have a recalled drug product, talk to your health professional about
the best course of action. Do NOT stop taking any medication without consulting
with a medical professional first. There are often alternative medications that
may not have the same side effects as the medication you were prescribed. Your
doctor will be able to advise you of your options.
If you believe that you have been harmed by a recalled prescription drug, you should contact an attorney at Barry & Loewy LLP who can advise you of your legal options. Unfortunately, serious injuries or death can result from:
- Limited medication testing;
- Improperly labeled medications;
- Misguided/False drug advertising;
- Improperly filled prescriptions.
Consult with your medical professional to address your healthcare concerns, but consult with an experienced pharmaceutical lawyer at Barry & Loewy LLP to advise you of your legal rights.
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What legal rights does an injured patient have?
Unfortunately, it has become a common occurrence for prescription drugs to
be withdrawn or recalled due to serious side effects. Most medication recalls
occur only after numerous patients have been injured and family tragedies have
occurred.
If you or a loved one has suffered as the result of a dangerous prescription drug, you have the right to hold the manufacturer responsible. Seek a consultation with an experienced attorney at Barry & Loewy LLP.
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Do I need a lawyer if I believe I may have a drug claim?
Due to complex issues involved in drug and medical device claims, discussing
your case with an attorney who is experienced in the area is the best way to
ensure a thorough evaluation of your case.
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Personal
Injury claim review.
For more information, please see our page on Pharmaceutical Drug Negligence.
If you have additional questions, click here for a free Personal Injury claim review.
