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Why Are Drugs Still Being Prescribed Even Though They Lost in Court?

Dan Brian   |  March 29, 2016   |  

Prescription drugs are designed to help people get better, or manage the symptoms of their illness or condition. While many prescription drugs do exactly this, some prescription drugs are downright dangerous. There have been hundreds of lawsuits filed against prescription drug manufacturers, most of which assert that patients experienced adverse conditions due to the dangerous nature of the drugs or lack of proper warning labels.

When a drug loses in a lawsuit – the court finds that the drug maker did indeed act negligently and the drug is most certainly dangerous – it would make sense that the drug would automatically be pulled from the market. Unfortunately, that is not what usually happens. Too often, drugs that have lost in court continue to be prescribed. If you are harmed by a dangerous prescription drug, our dangerous drug attorneys can advise you regarding how to recover the compensation that you deserve.

What Warrants a Prescription Drug Recall?

In many cases, going to court is not enough to get a drug recalled from the market. Instead, the FDA (United States Food and Drug Administration) must recall the drug if and when the FDA deems that the drug is too dangerous to continue on the market.

The FDA drug recall process is not a simple one, nor a quick one, either. The first step starts with the requirement to report. Drug manufactures have a legal obligation to report to the FDA any adverse reactions that patients experience when taking the drug. Consumers can also report any problems with drugs directly to the FDA through a program called MedWatch.

If enough reports are compiled about the drug, all of which allege the same thing, then the FDA will open an investigation. In order for a drug to actually be recalled, the FDA must find that the drug causes side effects that are dangerous and that outweigh the benefits of taking the drug, that there is a safer alternative to the drug, or that the drug is being taken improperly by patients (for whatever reason), and this could lead to injury or death.

Types of Drug Recalls

If the FDA does issue a drug recall – or if the manufacturer initiates the recall, which is very common in order to reduce liability – the drug will be pulled from the shelves. Further, the recall will be classified as Class I, Class II, or Class III recall.

A Class I recall is the most serious, and asserts that the drug is dangerous enough to result in serious harm or death. A Class III recall is the least serious, and asserts that the use of the recalled drug will not likely cause adverse health consequences.

If a drug is recalled, the manufacturer of the drug must take immediate action to notify wholesalers or retail stores where the drug is being distributed of the recall, and request that the seller stop selling the drug.

Remember, a lawsuit alone is not always enough to automatically result in a drug recall. However, a lawsuit may prompt the manufacturer to issue a voluntary recall or prompt the FDA to open an investigation.

Dangerous Drugs on the Market

Unfortunately, dozens of dangerous drugs continue to remain on the market, despite the fact that they have been found to cause adverse health consequences, and their manufacturers may have even lost in court. Some dangerous drugs that were previously, or continue to be, on the market include:

  • Actos
  • Avandia
  • Benicar
  • Byetta
  • GranuFlo and Naturalyte
  • Invokana
  • Lipitor
  • Mirena IUD
  • Pradaxa
  • Reglan
  • Risperdal
  • Paxil
  • Zoloft
  • Lexapro
  • Testosterone therapy drugs
  • Tylenol
  • Xarelto
  • Yaz/Yasmin
  • Zofran

What to Do If a Dangerous Drug Harms You

Manufacturers keep making dangerous drugs, and doctors keep prescribing them, because the prescription drug business is extremely lucrative. In fact, some doctors are paid thousands of dollars to promote the drugs that they prescribe. According to an article published in 5 NBC Chicago, one doctor in the Chicago area made more than $160,000 in a single year just for promoting and prescribing drug companies’ products.

While we would like to think that our doctors and our drug makers have our best interests in mind, do not be so sure. It can be a hard reality to face, but too often, these parties put profits over people.

If you are prescribed a dangerous prescription drug and suffer harm as a direct result, you may have the right to legal recourse. An experienced drug injury lawyer can help you explore your options for compensation, including joining a class-action lawsuit, filing a lawsuit against a drug manufacturer, filing a lawsuit against your doctor, or filing a lawsuit against another negligent party. Your lawsuit may yield compensation for your pain, your suffering, your medical expenses, your lost wages, and other economic and noneconomic costs.

The fact that dangerous drugs continue to harm hundreds of individuals is unacceptable. If you believe that you may have a claim, do not hesitate to take action.

North Carolina Drug Injury Attorney Ready to Serve You

Dangerous drugs continue to proliferate and inundate the market. When you are prescribed a dangerous drug and suffer harm, you have the right to speak up. The North Carolina drug injury attorneys at Riddle & Brantley, LLP, can help you to find your voice. To learn more about how we can help you and what your rights are, contact our skilled legal team today. Your first consultation with us is always free. We have over 160 years of combined experience, and know exactly what it takes to stand up to big pharmaceutical companies. Let us advocate for you.