Drug Recalls—Whose Fault Are They?

Jeremy Thurman on May 8, 2012

Even with numerous checks and fail-safes in place, pharmaceutical companies recall drugs every year. Most recently, 33 people contracted rare fungal eye infections after having tainted dye injected into their eyes during surgery. The dye was made by Franck’s Compounding Lab, a Florida pharmacy. The question is, should pharmaceutical companies be held responsible for drug effects?

Pharmaceutical companies must maintain rigorous standards of cleanliness in their labs and manufacturing facilities. They’re subject to inspections, and potentially large fines if and when problems are found. And recalls cost companies a lot of money, so it behooves them to follow the regulations.

Still, mistakes can happen. But if there’s no malice, should the companies be held responsible?

Even if there’s no intention to harm, pharmaceutical companies must answer for detrimental side effects caused by the drugs they produce. In some cases, drugs have been made available on the market sooner than they should have, without enough testing, because companies were anxious to begin profiting from the sale of the drugs.

Whether there exists absence of malice really doesn’t matter. Pharmaceutical companies are indirectly responsible for the health of every patient who takes the drugs they produce. It’s a tremendous responsibility, yes, but one that cannot be shirked for any reason.

It’s bad enough when patients contract infections due to tainted drugs. What is truly heartbreaking is when defective drugs have adverse effects on children. Many drugs, like Paxil, have been shown to cause birth defects. Sadly, those effects can’t be known until they are taken in real-world situations. Regardless, pharmaceutical companies must step up and be held accountable when their drugs cause harm, or even death.

If you’ve suffered detrimental side effects after taking a prescribed drug, we can help you. Contact us today for a free, no obligation consultation.

Jeremy Thurman

Jeremy Thurman is an attorney at McIntyre Law who focuses primarily on semi-truck accident and catastrophic injury cases. He is known as a meticulous attorney whose work ethic and small town values translate into excellent results for his clients. Read more about Jeremy Thurman.

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