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Defective Pharmaceuticals: Who Is Responsible?

Defective Pharmaceuticals: Who Is Responsible?

It seems that every time you turn on the television, drug manufacturers are advertising a new prescription medication. Pharmaceutical makers release numerous new medications each year. Unfortunately, not all of these drugs are safe. Names like Fen-Phen and Vioxx are memorable not because of the people they helped, but because they harmed so many before being pulled from the shelves.

When a person is injured by a defective or dangerous prescription medication, it can be difficult to determine who is at fault. In many cases, there is more than one entity responsible. This is why it’s important for injury victims to work with lawyers who are knowledgeable about defective pharmaceuticals.

At Deacon Law, we represent people who have been injured through the negligence of drug manufacturers, hospitals, doctors, health professionals, and pharmacists.

The Chain Of Distribution

In a drug-related injury case, it’s important to consider a variety of potential defendants. As in any product liability case, a prescription drug goes through a lot of hands before making its way to the patient.

Drug Manufacturers

Drug manufacturers produce the medications. Although they must perform testing and gain FDA approval before releasing a drug, manufacturers are still legally liable for injuries that result from their products. A drug may be defective because the manufacturer failed to conduct thorough tests. In other cases, a drug maker may produce a product that was tainted during the manufacturing process. Drug makers have also been found liable for injuries due to inadequate warning labels.

Physicians And Health Professionals

Medication errors can also be caused by negligent prescribing. A 2006 study revealed that 1.5 million Americans are harmed by prescription errors each year. These mistakes can happen when a doctor or other health professional dispenses or administers the wrong dose or gives a patient the wrong medication.

Physicians also have a duty of care to check for drug interactions. If the medication is being administered by a health professional, they also have a duty to ensure a patient receives the correct medication and the prescribed dose.