Prior to being released into the U.S. marketplace, the FDA rigorously tests all medicines for effectiveness and safety. A recall may be initiated if an issue develops once the medicine has been released. A drug recall occurs when an over-the-counter or prescription medicine is taken off the market because it is found to be defective or potentially unsafe.
There are three ways for a drug recall to happen.
• The manufacturer initiates the recall.
• The FDA will request the manufacturer voluntarily recall the defective drug.
• The FDA orders the manufacturer to recall the defective drug.
Drugs are typically recalled for the following reasons: a safer alternative has been discovered by the FDA, the drug causes dangerous side effects, reports of consumers using the drug improperly and that unauthorized use causes serious injury or death. Typically, if a drug recall affects many people or certain populations, or the recalled drug causes severe injury or death, the media will report on the recall. By reporting on the recall, this generates knowledge of not only the dangers of the drug, but informs individuals about the possibility of a mass tort action.
Drug manufacturers can be held liable when the drugs they market are proved to be defective and cause injury to the people who use them. Mass torts are civil actions that have many plaintiffs involved against one or several defendant corporations suing based on harms caused by a common product, service or event. The law related to generic drug manufacturers and their liability for failing to warn patients and their doctors about known side effects is currently evolving and our attorneys are monitoring those changes to help determine the best course of actions for people harmed by generic medications.
The following drugs have active investigations and open litigation in the U.S.:
For more information on these or other potentially harmful drugs, call Goldstein, Buckley, Cechman, Rice & Purtz. We will provide a free consultation to discuss your harmful drug and injury or adverse effect it has had on you or your loved one and determine what can be done to protect your rights.
Goldstein, Buckley, Cechman, Rice & Purtz, P.A. has six offices in Southwest Florida. The offices are located in Fort Myers (two offices to serve you), Cape Coral, Naples, Lehigh Acres, and Port Charlotte for your convenience. Call us first at 800-332-9404 or fill out a simple case form today.