California Defective Medical Devices & Pharmaceuticals Attorneys

Defective drugs are the subject of many products liability lawsuits. Even though the federal Food and Drug Administration (FDA) regulates foods and drugs, FDA approval does not guarantee that a product is safe.   

Defective drugs can be regulated under federal law, which governs manufacturing and distribution.  In addition, state law of products liability regulates how consumers can recover for their injuries from defective products.    

High-Profile Cases Involving Defective Drugs  

• Accutane: This is an acne medication, which has been alleged to bring on depressive and potentially suicidal behavior.  
• Celebrex: A non-steroidal, anti-inflammatory drug (“NSAID”) designed to alleviate pain, which was found to increase the risk of heart attacks.  
• Fen Phen: This is a combination of drugs prescribed for weight loss. The manufacturers allegedly suppressed information about known dangers.  
• Vioxx: This medication is used to relieve osteoarthritis symptoms, acute pain, and menstrual pain. The manufacturer voluntarily recalled the drug after the threat of products liability actions due to complaints of stomach ulcers, liver damage, heart problems, and kidney damage.

Some cases involving products liability for drugs and devices overlap with medical malpractice liability.  An experienced product attorney can help put together various theories of liability to help an injured party recover for his or losses relating to a defective medical drug or device.  

Product liability cases involving defective or dangerous medical devices have included defective:  

• organ transplants
• prosthetic devices
• surgical implants
• surgical equipment
• hospital supplies
• diagnostic equipment
• hearing aids

The federal Food and Drug Administration (FDA) requires manufacturers to prove that a drug is safe and effective for its intended use before approving the drug for sale in the market.  The FDA also prescribes labeling requirements for certain medical products. But since products liability comes under state law, FDA approval does not mean that an injured person cannot sue for damages.  

Under product liability law, manufacturers of pharmaceutical drugs and devices have at least two duties to customers: 

• a duty to adequately test their products before releasing them into the market
• a duty to warn consumers about potential dangers.

Some drugs and medical devices will be considered "unavoidably unsafe," which means that no matter how much care the manufacturer takes, these products can never be made completely safe.  In such cases, the manufacturer may have strict liability, meaning products liability irrespective of fault, if the product injures a consumer, and the manufacturer has not adequately warned the consumer about potential side effects and other dangers of the drug or device.  

Product liability lawsuits involving drugs and devices are complicated.  Sometimes it is difficult to determine which party was at fault, or what actions caused the product defect. An experienced product attorney can help you determine whether you have a viable products liability case.

Contact an Experienced Medical Device & Pharmaceutical Negligence Attorney