You may assume that because a drug has been approved by the Food and Drug Administration (FDA), it is safe to use. Unfortunately, that’s not always the case. Pharmaceutical manufacturers are responsible for providing the research and data the FDA used to determine the safety and efficacy of medications that are to be made available to patients and consumers. Pharmaceutical companies are also supposed to sufficiently test and monitor the safety of the drugs they make available to the public.
On occasion, not enough data has been collected when a drug is released to the public, or a previously undetected side effect comes to light after a large group of people have taken a particular drug and been injured by it. Sometimes things go wrong in the manufacturing process, and a drug is defective when it reaches the public, potentially causing harm to those who take it.
When these things happen, it’s usually only through defective drug lawsuits that people injured by defective drugs or suffering from drug side effects can recover damages in order to move on with their lives. McIntyre Law handles numerous lawsuits of this nature, including Paxil birth defects, and Topamax birth defects. We prosecute cases both for injuries caused by drugs and defective medical devices, helping hundreds of people across Oklahoma, and the United States to receive compensation for the pain and suffering they have endured at the hands of irresponsible pharmaceutical and medical companies.
Before a drug can be approved by the FDA, the pharmaceutical company that manufactures it must rigorously test it to make sure the drug does what it’s supposed to do. More importantly, it must be tested for safety. Drug labels must fully disclose all ingredients, intended uses, and must warn consumers about potential side effects. Labels must also warn against using the drug for any reason other than its intended purpose.
To ensure drugs are manufactured properly, the FDA enforces a set of regulations called Current Good Manufacturing Practices (cGMPs). These regulations are flexible to a degree since drugs are made from various ingredients, and for numerous purposes. If cGMPs are properly followed, they are meant to help prevent contamination, formula deviations, and other failures and errors that can occur during the drug manufacturing process. When a pharmaceutical company fails to follow cGMPs, and a drug is produced that does not meet quality standards for use and safety, the drug is defective.
It may surprise you to learn that the FDA does not have the authority to force a pharmaceutical company to initiate a drug recall. When the FDA identifies a defective drug, they will contact the pharmaceutical company that manufactured it and notify them of the problem. Most companies will usually voluntarily begin a drug recall if a drug is found to be defective. If they don’t, the FDA will warn the public about the danger, and does have the authority to seize the drug, and remove it from the market.
Drug Side Effects
During studies and clinical trials, pharmaceutical companies will note the side effects caused by the drug they’re testing so that warnings can be included on the drug label. Unfortunately, some side effects don’t appear or become obvious during testing. This happens for a few reasons, including, but not limited to:
- The testing period was not long enough to give some side effects time to develop
- The testing was not accurately monitored
- The group of people tested was not large enough to account for enough biological and genetic differences
Because people are so diverse, one person may be able to take a drug with no consequences whatsoever, while another person develops an allergy, or has some other kind of reaction which creates a chronic condition or other type of injury in that person. Drugs are tested rigorously, but it is nearly impossible to determine how each and every person who takes the drug will react. Side effects that occur during clinical trials are included in drug labels, but other side effects may become present once the drug becomes available on the market, and is distributed to a larger number of people.
Even when a drug has been properly tested, all cGMPs have been followed, and every precaution against injury has been taken, some drugs will still cause injury, and the companies that made them must be held responsible.
Defective Drug Side Effects: What To Do
If you or anyone you know has suffered severe side effects after taking a drug, or you have become aware that you are taking or have taken a defective drug, you don’t have to suffer in silence. Many people every year are seriously affected by numerous conditions that are side effects of certain drugs, or they’ve been injured by a defective drug. At McIntyre Law, our Oklahoma law team is experienced in handling Oklahoma City drug lawsuits, Tulsa drug lawsuits, as well as drug cases across the state.
If we determine you are able to participate in an Oklahoma drug lawsuit, we will help you recover damages. Defective drug lawsuits seek compensation for physical injury, suffering, pain, medical expenses, and lost wages. If you are suffering from drug side effects, please contact us to speak with an experienced drug lawsuit attorney for a free, no-obligation consultation by filling out our contact form, or by calling us toll free at (877) 917-5250.
If You Can’t Participate In An Oklahoma Drug Lawsuit
We are now accepting drug lawsuit cases across the nation in the following states:
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.
What Drugs is McIntyre Law Currently Investigating?
If you or a loved one is taking, or has ever taken any of the following drugs, we urge you to contact McIntyre Law as soon as possible to find out whether you may be eligible to participate in a defective drug lawsuit.