Manufacturers of pharmaceutical drugs – like other products – are responsible for the products they market and release to the public. Some drugs pose a serious health risk due to potential negative interactions with other commonly taken medications, other medications are easily abused and can lead to dependence or addiction, and many pharmaceuticals can have serious side effects when taken improperly.
In general, the manufacturer of a medication is responsible to include an adequate warning, fully disclosing the risks involved with taking the medication. If a drug manufacturer fails to include an adequate warning with their product, they may be held liable for any injuries caused to those who take the medication through a Maryland product liability lawsuit.
Testosterone-therapy drugs have been available for decades, and until recently, they have primarily been prescribed to younger men with low testosterone production. However, over the past few years, doctors have been prescribing testosterone-therapy drugs to older men. These medications, however, are not without their risks.
As older men have begun taking testosterone-therapy drugs in larger numbers, doctors have noticed higher than average rates of heart attacks, strokes, and other cardiovascular problems. A large group of men who have suffered these adverse reactions after taking testosterone-therapy medication recently filed a product liability case against a generic manufacturer of the medication. Their case illustrates the difficulties and complexities of product liability cases involving pharmaceuticals.
As noted above, the plaintiffs filed a product liability case against the generic manufacturer of the drug, Depo-T. The plaintiffs claimed that the manufacturer failed to adequately warn them of the potential side-effects of taking the medication. As a generic manufacturer, however, the drug company argued that it did not have the unilateral authority to re-label the medication under federal law. Thus, the defendant drug company claimed that the plaintiff’s claims were preempted under federal law. Essentially, the defendant’s position was that, even if it wanted to do so, it did not have the authority to change the label that had previously been submitted by the brand-name manufacturer and approved by the Food and Drug Administration.
In a lengthy and detailed opinion, the court agreed, dismissing the plaintiff’s claim. The specific reasoning of the court’s opinion is not as important as the general take-away that product liability claims against drug manufacturers often involve very complex legal and scientific issues, and they should be handled by experienced personal injury attorneys.
Have You Been Injured by a Dangerous Drug?
If you or a loved one has recently been injured after taking a prescribed medication, you may be entitled to monetary compensation. While drug manufacturers try to include detailed warnings, sometimes these warnings are inadequate and do not fully inform patients of the risks involved in taking the medication. The dedicated Maryland prescription error attorneys at the law firm of Lebowitz & Mzhen Personal Injury Lawyers have the experience, dedication, and skill necessary to succeed on behalf of their clients in all types of product liability cases. Call 410-654-3600 to schedule a free consultation with an attorney today.
More Blog Posts:
Recent Pharmacy Error Causes Patient “Horrendous” Symptoms, Pharmacy Error Injury Lawyer Blog, February 1, 2018.
Court Discusses Potential Scope of Liability Against Brand-Name Drug Manufacturer in Case Involving Generic Medication, Pharmacy Error Injury Lawyer Blog, January 15, 2018.