When a doctor prescribes a new medication or when we pick up an over-the-counter drug from the pharmacy, we expect that the product is safe to use. Medications must undergo strict testing and comply with serious safety regulations to be sold to consumers, and the U.S. Food and Drug Administration (FDA) monitors pharmaceutical companies closely.

However, some manufacturers produce dangerous and defective drugs that may cause severe harm to patients. In these situations, the companies may contact the FDA and issue a recall for the medication. There are many reasons why a drug may be recalled, from contamination to severe side effects that the manufacturer failed to warn patients and doctors about.

Reasons for a Drug Recall

The FDA is the agency that oversees safety and compliance for prescription and over-the-counter medication. If a pharmaceutical manufacturer discovers a defect in its products that violates FDA law, it can choose to issue a recall, contact the FDA to monitor its recall strategy, and take steps to fix the issue. If a manufacturer fails to initiate a recall and the product may cause severe harm to patients, the FDA has the authority to require the company to recall its products.

There are several reasons as to why a drug manufacturer may recall a prescription medication.

  • Errors on the drug’s label, such as dosage misinformation
  • Contamination by a toxin during the manufacturing process
  • Impurities that develop over time, in improper storage conditions, or due to other factors
  • The presence of dangerous side effects that were not revealed until patients started using the medication

For example, manufacturers of the over-the-counter and prescription heartburn medication Zantac recalled the drug after studies showed that it contained a contaminant that may raise patients’ risk of cancer. Belviq and Belviq XR, two popular weight loss drugs, were recalled after studies found that it may also raise the risk of certain types of cancers.

Can You File a Lawsuit After Taking a Defective Drug?

Drug manufacturers have a responsibility to ensure their products are safe to use. They also have a duty to adequately warn patients of possible side effects and serious complications that can occur while using the medication. If a pharmaceutical company fails to take these steps and sells a dangerous and defective drug to the public, it may be liable for any harm that occurs due to the defect.

If you took a defective drug that was later recalled, you may be eligible for financial compensation. You could file a lawsuit against the manufacturer and recover damages for medical expenses, lost wages, pain and suffering, and other losses. However, you will need to provide sufficient evidence showing that the drug was defective, you suffered injuries or losses related to that defect, and that you took the medication as the manufacturer intended. This can be difficult to accomplish alone.

However, many Missouri defective drug attorneys represent injured patients after a drug is recalled. A lawyer who handles litigation related to defective drugs will have the knowledge, resources, and experience necessary to help guide you through your claim and craft a compelling case in your favor. An attorney will also have access to expert witnesses who can provide testimony on your behalf and may be able to leverage common case strategies to strengthen your claim.

Have You or a Loved One Been Injured Due to Medical Malpractice in Kansas City, Missouri?

If you believe you or a loved one has been harmed due to medical practice you should speak with an experienced medical malpractice lawyer as soon as possible. Please feel free to contact us online or call our office directly at 816.832.4688 to schedule your free consultation. We are proud to serve Kansas City, Missouri, and the surrounding area and look forward to speaking with you.

Spencer Eisenmenger
Helping Kansas City area medical malpractice, product liability, birth injury and personal injury clients.