Caroselli, Beachler & Coleman, L.L.C.

The FDA and recalls of defective drugs

A possible reason why there are so many products liability lawsuits brought against drug companies in Pennsylvania is because there is insufficient information released concerning drugs once these products have been recalled. A study suggests that health care providers are not sufficiently warned about the risks of the defective drugs being recalled by the U.S. Food and Drug Administration (FDA). Also, such providers might not even be aware that the FDA had recalled such drugs at all.

The researchers of the study found that the FDA issued public notices for about half of the drugs involved in the most serious type of recalls - referred to as Class I recalls. Class I recalls involved drugs that presented the risk of serious harm or death to the patients taking the medication.

One major flaw with the recall system is that it is dependent upon manufacturers to openly disclose potential problems presented in the taking of such medications. In other words, the success of such recalls is often dependent upon the drug industry to police itself.

The FDA has little legal authority in forcing drug manufacturers to recall such products to begin with. Many authorities thus feel that the drug manufacturers ultimately should be held responsible for defective drugs being on the market to begin with.

In light of such a lack of transparency concerning the dangers of drugs, its small wonder that injured patients from taking such drugs have been contacting products liability attorneys. Such attorneys can hold drug manufacturers accountable for distributing defective drugs to begin with - recall or no recall taken into consideration.

Source: ABC News, "U.S. Has Drug Recall Problem, Study Says," June 4, 2012

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