Back to Pharmaceutical Liability

Who is liable for personal injury or death suffered from pharmaceutical drugs?

Depending on your individual case, liable parties can range from the drug manufacturer, the dispensing pharmacy, or your doctor. An experienced Pennsylvania personal injury attorney can help determine liability of your pharmaceutical liability claim.

What are typical causes of pharmaceutical negligence?

In the rush to get new drugs to market, drug companies may fail to disclose certain side effects or dangerous health risks. In other circumstances, adequate time is not spent on clinical trials or researchers may miss important findings that come to light only after the drug is on the market. Mistakes can also be made during the manufacturing process that may result in a defective product.

What drugs are most commonly found in drug litigation claims?

Among many others, the following are the most common drugs found in current litigation claims:

• Trasylol
• Ortho Evra
• Vioxx
• Celebrex
• Bextra
• Crestor
• Ephedra
• Meridia
• Paxil
• Redux
• Rezullin
• Stadol
• Zyprexa

Is there a time limit on bringing a pharmaceutical liability lawsuit?

Yes. Each state has its own statute of limitations establishing a deadline. In Pennsylvania the time limit is 2 years from the date of injury or when the plaintiff knows, or should have known, that he or she was injured.

Is anything being done to warn consumers about the possible dangers of taking prescription drugs?

The Federal Drug Administration (FDA) has strengthened its precautions in the labeling of certain drugs with dangerous side effects, through warning labels on the product. This includes Black Box warnings which are the highest level of warning. The FDA is also revaluating the benefits and side effects of many drugs that are already on the market as some drugs did not show negative health effects until it was already on the market for many years.

What is the medical malpractice standard of care?

This is the measure of care and skill that a qualified doctor would provide to a patient who sought medical care for similar symptoms and circumstances.

How can I avoid a pharmaceutical injury?

When you buy over-the-counter or prescribed medication you should always read the labels and precautions carefully. Drugs can interact with your other medications, cause an allergic reaction, or not be proper for your specific symptoms. Ask your pharmacist or doctor for help if you have trouble selecting the right over-the-counter drug for your symptoms and medical history.

Can I still sue for injuries suffered from a drug that was not prescribed by a physician?

When no doctor prescribed the drug which caused your personal injury, but instead you purchased it on your own, you may still have a claim against the drug manufacturer.

Why would anyone use a drug for any reason other than what it was intended?

Many prescription drugs can provide benefits that are not the drug's primary purpose. This is an acceptable medical practice when done by a doctor. However, when a drug manufacturer specifically markets a drug for an off-label purpose, it violates Federal law, and may cause serious injuries to patients.

If you or a loved one were injured through the use of a pharmaceutical product please use the form on the left for a free case review by our law firm.