There is a never-ending demand for every type of drug that promises to cure conditions, relieve pain or generally improve our lives. Feeding into this demand, pharmaceutical manufacturers design prescription drugs to meet our desires.
The rush to market new medical products may be good for the company, not always for the consumer
Unfortunately, the desire of pharmaceutical manufacturers to reap the financial benefits of this public demand has resulted in many drugs being rushed to market. While the Federal Drug Administration (FDA) attempts to screen many of the drugs and medical devices, they frequently rely upon testing data supplied by drug and medical device manufacturers, which may be biased and inherently incorrect.
A lack of a track record is not an excuse for patient safety
In 1976, the FDA adopted a process called 510 (k). This process allowed for quicker approval of medical devices that were similar to existing products already available without the normal testing that would usually be required. This is a quicker, less expensive way for medical device companies to get their products onto the market. Consequently, we are seeing defective medical devices entering the market that simply are unsafe and that lack any long-term studies. The result? Thousands of consumers are suffering life-changing injuries and even death due to medical devices that are defective and downright dangerous.
In a study that was published in the Journal of American Medical Association, Class 1 recalls for medical devices were looked at for their relation to the 510(k) process. Class 1 recalls are considered the “highest risk”. Of 113 Class 1 recalls of medical devices in the study period, 80 of them were approved through the 510(k) process.
Proving product liability lawsuits against drug and medical device manufacturers and distributors
Personal injury cases that are caused from unsafe drugs or medical devices differ from medical malpractice cases. These are product liability cases where a person is injured due to a defect in the product, not due to negligence on the part of physician. For a case of product liability to be successful, there must be proof that the product was defective and caused the injury or death.
- Fail to warn. If manufacturers of a medical product fail to warn patients of potential risks or dangers, they may be liable for injury.
- Design flaws. Manufacturers of products that have defects in their design that cause injury may be liable for damages.
- Failure to recall. If a medical device manufacturer or pharmaceutical company fails to recall a product that is found be dangerous, they may be liable.
These types of cases can be extremely complex and require extensive research. These medical companies have a huge financial interest in keeping their products on the market and will fight aggressively against any liability claims. Victims in these types of cases need attorneys that are experienced in handling medical product liability cases to represent them and fight for their rights.
Patient advocates. We are attorneys who fight and never look back.
Rosenfeld Injury Lawyers is committed to holding pharmaceutical and medical device manufacturers responsible for patient injury and death caused by their products. Depending upon the drug or medical device involved, we can pursue a claim for you individually or help direct you to an established class action.
Currently, Rosenfeld Injury Lawyers is investigating cases involving drugs and medical devices. Below is a sampling of current matters we are investigating:
- DePuy hip replacement products
- Stryker Rejuvenate and ABG II hip products
- Neurological injuries related to Humira use
- Transvaginal Mesh
- Injuries sustained during a DaVinci robotic surgery
Certainly, as more drugs and medical devices are rushed to market, there will be faulty drugs and devices that will put consumers at risk. Rosenfeld Injury Lawyers is on the forefront investigating and prosecuting dangerous drugs and medical devices.
Rosenfeld Injury Lawyers remains committed, from both legal and financial perspectives, to seeing that our clients’ interests are protected. If you or a family member has suffered an injury related to a drug or medical device, we welcome the opportunity to discuss the case with you to determine how we most effectively represent your interests.
Resources for patients seeking information about recalled drugs and medical devices:
- Medical-Supply-Company-Lawsuit (pdf)