Maryland Pharmacy Error Claims Based on a Manufacturer’s Failure to Provide Adequate Warnings

In a Maryland “failure to warn” claim, a plaintiff may bring a claim against a defendant manufacturer for failing to warn of the risks associated with a product. A product must adequately warn consumers of the dangers and risks in using the product, unless those dangers are a matter of common knowledge or are so obvious that they do not require a warning. For example, a drug manufacturer could be liable for the side effects of a drug if it failed to adequately disclose the risks of the drug, failed to disclose an unreasonably dangerous condition, or failed to instruct consumers on the correct use of the drug.

Courts will consider the knowledge and experience of consumers in determining whether a person can reasonably be expected to understand the use and risks of a product. Warnings and disclosures must be clear, direct, and easy to understand. Instructions and disclosures can be inadequate if they are ambiguous or do not contain enough information about how to safely use the product or the risks of improper use. A plaintiff with a successful failure to warn case can potentially garner a range of compensatory damages, including medical bills, the costs of future treatment, out-of-pocket expenses, loss of income, mental anguish, and pain and suffering.

FDA Issues Safety Announcement for Medication for Leukemia Patients

The U.S. Food and Drug Administration (FDA) recently issued a safety announcement, stating that some leukemia patients receiving the medication Idhifa are showing signs and symptoms of the syndrome that are not being recognized. Idhifa’s Medication Guide already has a warning about differentiation syndrome, but despite this, the FDA has become aware of cases of the syndrome that not being recognized, with patients not obtaining the proper treatment. Idhifa is used to treat patients with acute myeloid leukemia, and works by blocking enzymes that promote an abnormal blood cell growth. However, it can cause differentiation syndrome, which can be life-threatening if not treated quickly.

The FDA issued the announcement to alert health-care professionals and patients about the need to recognize early signs and symptoms and to aggressively manage the syndrome in order to decrease the likelihood of serious illness or death. Differentiation syndrome can occur as early as five days after starting the medicine. The FDA urged patients to inform their doctors if symptoms occur. The following are potential symptoms of differentiation syndrome: fever, cough, shortness of breath, swelling of arms and legs, swelling around the neck, groin, or underarm area, fast weight gain of more than 10 pounds within a week, bone pain, and dizziness or feeling lightheaded.

Contact a Personal Injury Attorney

If you have suffered from a serious side effect, or are suffering due to some other type of Maryland pharmacy error, contact an attorney who can advise you on your options in pursuing a legal claim. At Lebowitz & Mzhen, LLC, our attorneys represent plaintiffs in medical malpractice and pharmacy error cases throughout the Maryland, Virginia and Washington, D.C. areas. We understand what it takes to build a successful case and to aggressively pursue the compensation that our clients deserve. Contact us at 410-654-3600 or 1-800-654-1949 or fill out our online form to set up a free consultation.

More Blog Posts:

Court Rejects Defendant’s Claim that Plaintiff’s Case Was Filed Too Late, Pharmacy Error Injury Lawyer Blog, November 30, 2018.

Recent Study Finds Older People Are at a Higher Risk of Experiencing a Medication Error in Maryland and Throughout the Country, Pharmacy Error Injury Lawyer Blog, December 10, 2018.

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