Pharmaceutical products are sold either over the counter or by physician prescription. Pharmaceutical products are, by nature, thought to be safe and effective for their intended use. It is assumed that all necessary testing has been done by the pharmaceutical company before the product is released for sale to the public.
Pharmaceutical products, especially those sold by prescription, have to pass a rigorous pre-market approval process by the United States Food and Drug Administration. Once it passes through the approval process, the public assumes that the pharmaceutical product can be safely used for ts intended purpose.
What do you do when medication kills your loved one?
Pharmaceutical products are supposed to help you. They are supposed to help people overcome their medical and health problems. But sometimes, they can be fatal. Many people believe the false notion that if a pharmaceutical product has been approved by the United States Food and Drug Administration, then it’s safe. Unfortunately, this is not the case.
Sometimes, pharmaceutical products can be the cause of a wrongful death. This can happen if the product is defective or not labeled or manufactured correctly. Sometimes, certain pharmaceutical products can react adversely with other products, causing dangerous side effects. Medical devices like artificial joints and pace makers can sometimes fail resulting in death of the user. Manufacturers of pharmaceutical products have an obligation to test the product for such danger. They must warn consumers of any potential danger associated with the use of their product.
If a pharmaceutical product causes death, the manufacturer can be sued for wrongful death.
The main reason pharmaceutical products sometimes result in wrongful death is inadequate testing or insufficient warning. Pharmaceutical products can possess a number of defects including design defects, manufacturing defects, problems with the testing of the product, inadequate warnings or instructions for use, problems with the doctor’s prescription or incorrect distribution by the pharmacist. Any of one of these defects can prove fatal.
Pharmaceutical products can also prove fatal if the manufacturer failed to disclose adverse testing results or adverse reactions to the product or if contaminants entered the product during manufacturing. If the pharmaceutical product has defects, is contaminated, or does not contain warnings about possible adverse effect, and your loved one was fatally injured as a result, you may very well have a wrongful death lawsuit. Wrongful death is by definition death caused by negligence. The manufacturer of the pharmaceutical product can therefore be liable for wrongful death.
If your loved one was seriously injured or killed by a medication, Jon Ostroff and Ostroff Injury Law can help you recover money for your tragic loss.