Injury and Accident Attorneys Serving St. Louis, Nearby Missouri, and Nearby Illinois
Drug recalls occur all the time because drug companies release products that are found to be too dangerous for public use. When this happens, drug companies recall the medication in an effort to stop people from being injured.
Unfortunately, drug recalls do not solve all the problems caused by unsafe medications. Thousands of individuals suffer through unneeded losses from the effects of dangerous drugs that must be recalled.
Also, drug recalls often occur months after the drug has been released to the public. This means that there are numerous chances for a drug to cause devastating side effects, even death, to any of the people taking it.
When Are Drugs Recalled?
Drug recalls are usually issued in response to numerous reports of serious injury or medical problems caused by the drug. Some of the serious health problems drug recalls aim to correct include:
- Heart Attack
- Cardiovascular Problems
- Birth Defects
- Psychological Problems
- Kidney Failure
- Stevens Johnson Syndrome
Although a drug recall is something that absolutely must be done for dangerous drugs, it does not correct all the problems the drug cause. Pharmaceutical companies must be held responsible for the problems they have caused.
How long does a pharmaceutical lawsuit take?
Defective product lawsuits can take one to two years to get to trial and several months to settle or come to a verdict after that. For mass tort actions, this period can be even longer with some cases lasting decades. However, by and large, settlement within two years of filing a claim is a reasonable expectation for these cases.
What type of medications can be recalled?
Literally any type of medication can be recalled. Pills, injections, ointments, and more can all be found to be dangerous due to contamination, poor manufacturing practices, and similar issues. The same can be said of drug safety and efficacy issues, which can impact any type of medication, even those that have been trusted and used for years.
The FDA maintains a running list of recalled pharmaceuticals that can be used to determine if any medications you are currently taking have been recalled due to safety concerns. It is a good idea to check this list occasionally if you are taking a number of medications.
What Are The 3 Types of Drug Recalls?
Although the FDA and USDA have differing definitions when it comes to product recalls, you can easily separate each type by thinking of them in the following way:
Class I recalls are the most dangerous types of product recalls. When it comes to drugs, this means the recalled drug may cause injury or death if taken.
Class II recalls are for drugs that have the potential to cause serious injury or illness.
Class III drug recalls are still unsuitable for use but are less dangerous than Class I and Class II type drugs. While these may not cause injury or illness, their makeup may still violate several FDA or USDA regulations.
What Should I Do If My Prescription Drug Has a Recall?
If your prescription medications have been recalled, stop taking the medication immediately. We recommend contacting your primary doctor or pharmacist to ask for an alternative medicine to take before your next needed dose.
Once your new prescription is taken care of, we recommend reading the information available surrounding the drug recall. To find out more, most manufacturers typically have a hotline number to call. If you are interested in eventually filing a drug recall lawsuit, finding out as much information as possible from the beginning will be overall beneficial.
Which Parties Are Responsible If I File A Lawsuit for A Drug Recall?
If you or someone you know has suffered from serious injury or illness due to taking recalled drugs, you may be able to file compensation claims against the manufacturer, pharmaceutical company, and, in some cases, the doctor who prescribed you the medication if they knowingly gave you permission to take it after the recall was already made.
How long after my settlement will I get a check for my damages?
You can expect to be paid within six weeks following a verdict or settlement in your favor. This period may be shorter or longer depending on the number of plaintiffs involved in the lawsuit.
If the verdict in your case is appealed, you will need to wait until the final verdict to receive payment for your damages. This process can add two or more years to your claim and may result in a different outcome.
How is a drug recall lawsuit settlement paid out?
In most cases, drug injury lawsuit payments come from insurance policies held by the negligent company. However, some companies may also be penalized and required to set up accounts through which these claims can be paid directly.
Can I Sue Even if the FDA Approved a Drug?
You can sue a drug company even if their medication has been approved – even if it is still being actively sold.
The FDA approval process may not be as stringent as you believe. Every year, several medications and medical devices are approved by the FDA and, every year, a handful of those prove to be dangerous and end up getting recalled.
There are expedited processes through which many pharmaceutical companies seek approval for their medications. These allow companies to bypass certain safety studies when a medication is “similar” to one already on the market. This can and often does prove dangerous for patients. More tragic still, many medications remaining available to the public long after they are known to cause harm.
Is there a time limit for filing a Drug Recall Lawsuit?
In both Missouri and Illinois, you have two years from the date of discovery to file your defective medication claim. The date of discovery is the day you were diagnosed with complications related to the medication you have been taking.
While you have two years to file, it is best to take action as soon as you realize you have been injured. Waiting to file can make proving damages more difficult and may result in your losing your case.
If you or a loved one suffered serious injury because of a dangerous drug, Brown & Brown, LLP can help. The experienced mass tort attorneys at our firm have experience holding drug companies responsible for unsafe pharmaceuticals.