Drug manufacturers make billions of dollars each year from marking up medications that cost mere pennies to make but are often sold for hundreds, if not thousands, of dollars. While the manufacturing cost of most medication is relatively low, the reason consumers end up paying a high price for prescription drugs is based on other behind-the-scenes costs, including research and development as well as the cost of a potential problem with the drug resulting in a recall or significant lawsuit against the manufacturer.
Indeed, all pharmaceutical manufacturers have a duty to ensure that the product they release into the stream of commerce is safe when taken as advised by the company or a physician. Of course, companies may not necessarily always be held liable when an injury results from the abuse of one of their medications. However, when a medicine is taken properly, and an unanticipated adverse effect results due to unsafe manufacturing, the manufacturer may be liable to patients who suffered as a result. These cases are called product liability lawsuits, and they are commonly brought against the manufacturers of dangerous medications.
Proving a Product Liability Lawsuit
As with all personal injury lawsuits, it is the plaintiff’s burden to prove a product liability case. However, pharmaceutical manufacturers may be held to the legal standard of “strict liability” when it comes to a dangerous product. Under a strict liability theory, the plaintiff does not need to show negligence on the part of the manufacturer and must only show that the dangerous drug manufactured by the defendant was the cause of the plaintiff’s injuries. There are several types of product liability lawsuits, however, and an attorney should be consulted for specific advice.
Allergan Announces Major Recall of Generic “Adderall” Drug
Earlier this month, the pharmaceutical giant Allergan announced a recall of nearly 600,000 bottles of its ADHD medication. According to one industry news source reporting on the recall, the company decided to recall the medication because of the drug’s “impurity.” The company has not provided further explanations about which impurities are contained in the medication, or whether there are potential serious side effects. However, the mere fact that the recall was issued suggests that there could be some serious issues with the medication.
Have You Been Injured after Taking a Prescription Medication?
If you or a loved one has been harmed by taking a prescription medication that was later the subject of a drug recall, you may be entitled to monetary compensation for the injuries you sustained. Keep in mind that pharmaceutical companies anticipate these kinds of lawsuits and are well-prepared with a team of attorneys to defend them. It is therefore very important that you too have a dedicated team of attorneys on your side. Call 410-654-3600 today to set up a free consultation with the dedicated Maryland pharmacy error attorneys at Lebowitz & Mzhen, LLC. The skilled advocates at Lebowitz & Mzhen have decades of experience helping their injured clients pursue the compensation they deserve. Call today.
More Blog Posts:
Pharmacy Errors Due to Incorrect Packaging of Prescription Drugs, Pharmacy Error Injury Lawyer Blog, April 8, 2016.
Hospital Pharmacy Errors More Common Than Most Believe, Pharmacy Error Injury Lawyer Blog, March 22, 2016.