Liability for Pharmaceutical Drug Companies
By law, drug manufacturers are required to produce prescription drugs and medical devices that are safe and free from unreasonably dangerous defects. Meaning that pharmaceutical companies must design, manufacture, and sell prescription medicines and all medical devices that are safe and conform to the regulations and obligations of the Food and Drug Administration (FDA) to avoid liability.
Sadly, in the United States, this does not always happen. Pharmaceutical companies, either due to an error or the lack of attention and possibly intentional fraud, will sell medical devices or prescription drugs which are unsafe and dangerous to consumers. When a pharmaceutical company sells hazardous or harmful drugs or medical devices; they should be held responsible for any damage they caused by doing so.
Pharmaceutical Drugs Are Big Business
The pharmaceutical drug business is the third-largest industry in the United States. It accounts for nearly $300 billion in annual sales. One single drug or medical device has the potential of earning millions and sometimes billions of dollars yearly.
Medical device and prescription drug manufacturers have a tremendous financial incentive to make sure that their product stays on the market and far away from and off the FDA’s radar.
The earnings and profits can lead to a prescription drug company being less than reliable with the FDA regarding the dangers and risks of a prescription drug. Despite laws that demand them to do so.
Manufacturer’s Responsibility to Research
A drug company’s obligation to ensure the safety of the drugs that they manufacture to sell to the public continues even after obtaining their first FDA approval for the drug. Once a drug or a piece of medical technology receives approval for the open market, drug manufacturers are obligated to continue their research to be sure of the safety of the medicine or device and must report the results of their research to the FDA.
Failure to do so will result in the FDA being unaware of the dangers associated with a particular drug or device. Without FDA warnings, doctors prescribe medicines and medical devices that they would not have prescribed if the FDA notified them of the dangers involved and risks associated with such a drug or medical device.
Manufacturer’s Responsibility to Report
Drug companies are required to report all detrimental drug reactions or side effects to the FDA in a prompt manner so the risks can be continually evaluated and possibly require the pharmaceutical company to change the warnings or the labels. Including the black box warning, the most severe warning possible, which will demand the dispersion of the information to doctors and consumers about the risks associated with the drug. A recall of the drug may be needed and have it removed from the market altogether.
The concentration on the regulation of pharmaceutical medicines on the premise that companies will comply voluntarily with the requirements of the FDA and tell the FDA the correct information the company has about their manufactured drugs.
When pharmaceutical companies fail to respect the regulations and rules of the FDA, harmful, and unsafe drugs will be approved sold to unsuspecting consumers.
Help with A Pharmaceutical Liability Claim
It is a sad truth that in America today a pharmaceutical company’s decision whether to research a medical device or a drug and share the information with the FDA based on the safety and welfare of the patients who use the medical devices and medicines or based on the profit margin.
Instead, the motivation is their desire to refrain from taking responsibility for their mistakes and interrupting the massive profits. Considering the billions of dollars the pharmaceutical industry profits from their sales each year, it is no surprise that so many companies hide and suppress negative results from their research.
It seems that often the only method of forcing a drug company to provide the correct information they have concerning the about risks associated with a medical device or a prescription drug is by forcing them to testify and answer for their decisions in a court of law.
Pharmaceutical Liability Attorney
According to the Center for Disease Control, nearly half of the American population has taken at least one prescription drug in the last 30 days, which equals huge profits for the pharmaceutical manufacturing companies. The pharmaceutical companies are scrambling to get the largest profits possible, and it is inevitable that shortcuts will be taken and safety tests will be rushed.
If you have been injured or harmed from a faulty medical device or by medication, contact an injury attorney. With years of experience, your attorney will know how to hold the drug companies responsible for their reckless conduct.
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