Prescription drugs have extended the average life expectancy over the past century, and over-the-counter medications have lessened the effects of colds, flu, pain, and gastric problems. Medicine is a marvel. With the U.S. Food and Drug Administration’s (FDA) oversight, drugs are tested and monitored to ensure their safety and are pulled from the shelves if problems arise.
Sometimes, however, harmful drugs are not pulled in time, resulting in many people being needlessly hurt. If you regularly took an over-the-counter or prescribed medicine and became seriously ill, our team of Buffalo dangerous drug lawyers may be able to help.
Reach out to Richmond Vona, LLC today to set up a free consultation with seasoned legal counsel.
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Is the Manufacturer Solely Liable for Defective Drugs?
Before a drug is released to the public, scientists test it, monitoring clinical trials as the FDA oversees the process. Sometimes, manufacturers will fudge results or rush to release a drug with minimal testing and can be held responsible if the side effects outweigh the good it does. Other individuals and entities in the chain of commerce could also be held responsible for negligence in promoting a defective drug, including:
Nursing homes or hospitals that overmedicate patients
Pharmacies that mistake patient instructions
Some drugs have caused people a lifetime of medical problems. We believe those responsible should pay for lost wages, ongoing medical care, pain, emotional distress, suffering, and the strain on family relationships. Our harmful drug attorneys in Buffalo consider multiple defendants to maximize injured persons’ compensation.
Ways a Drug Can Be Defective
Like all products, prescription and over-the-counter medications can be defective during manufacturing, at the design stage, or by failure to warn about known dangers.
Manufacturing Defects
The manufacturer is responsible for defects that occur when the drug is made. If an unintended substance is introduced into a batch, if the storage temperature fluctuates too much, or if the product is not labeled correctly, a claim could be made for a defective drug.
Design Defects
A design defect can be actionable because the problems a bad formula causes will occur in all batches and may not show up until enough people suffer from the side effects. For example, the drug Zantac, sold without a prescription and used to treat heartburn, contained ranitidine, known to cause cancer.
Marketing Defects
Most people are familiar with television and print advertising touting a company’s drugs. These ads disclose the side effects so those who might benefit from taking them can weigh the risks and rewards with their physicians.
But pharmaceutical companies are still required to include warning labels on their products. If they do not warn consumers about dangers and side effects, these companies could find themselves as defendants in negligence claims. Our knowledgeable attorneys are standing by to discuss how dangerous drugs have affected Buffalo residents.
Let A Buffalo Dangerous Drugs Attorney Advocate for You
Prescribed and over-the-counter drugs provide many individuals with much-needed treatment and care. With FDA oversight, you can generally feel confident that what you are ingesting will help you, but if drug companies put profits over people’s safety, you could be injured.
If you were prescribed or bought drugs over the counter and experienced side effects you were not warned about, or if the drug you took was inherently dangerous, call us. One of our tenacious Buffalo dangerous drug lawyers is here to advocate for you.
With over 25 years of combined personal injury experience, our co-founding attorneys, John E. Richmond and Keith R. Vona, have helped injury victims and their family members recover more than $150 million in financial relief.
John E. Richmond
Co-Founding Member
As one of New York’s top personal injury attorneys, John E. Richmond understands that clients come first. With over a decade of experience representing plaintiffs, he knows how to hold negligent corporations and big insurance companies liable.
In his nearly 15 years in practice, Keith has been consistently recognized for his client service and record of results. He has been selected for inclusion in the New York Super Lawyers® Rising Stars list four times (2013 to 2016), an honor reserved for the top up-and-coming attorneys.
