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Frequently Asked Questions

In the event of injury by a defective drug or device, what are my legal rights?

If you have sustained injury as a result of a defective drug or device you may be eligible to pursue damages for pain and suffering, loss of income and medical bills. A manufacturer of prescription drugs can be held liable for damages in a product liability suit. An attorney should be contacted immediately in the event of personal injury from defective drug use.

What does the term ”off label drug” mean?

The term ”off label” means to use a drug for other reasons than what the FDA has approved the drug for. A doctor can legally prescribe drugs for ”off label” purposes, however, it is against the law for drug manufacturers to advertise or promote drugs for unapproved use or to alter information concerning off label benefits of a medication.

Does a person have a right to take legal action if the drug related injury involved a drug that was not prescribed to them by a doctor?

In this case an individual may still have the opportunity to pursue a claim against the drug manufacturer. No claim could be brought to the individual’s doctor.

Who can be considered a liable party in the case of injury from a defective drug?

Liability will be determined by the facts of your case. Liable parties can range from doctors, to the drug manufacturer, to the pharmacy that handled the prescription.

Do generic drugs cause more side effects than brand name prescriptions?

Generic drugs have the same chemical makeup that brand name drugs contain, so the effects are generally the same. The FDA does track the safety and side effect rates for generic and brand name versions of a drug.

What is a class action lawsuit?

Class action lawsuits involve an individual or a group of individuals that share common legal issues for bringing a lawsuit for harm or wrong doing. This allows for one or more representatives to file suit for a class of people when the legal issue at hand is common to all members of the class and the number of people affected is so numerous that it becomes impractical to bring them all before the court. Class action lawsuits involving pharmaceutical litigation include groups of individuals that have been similarly harmed by a particular drug.

When the FDA approves a drug can that drug be considered safe?

FDA approval of a drug means that the benefits outweigh the risks of a drug upon its release to the general public. However, there are cases when the FDA and drug manufacturer will not know of series side effects until the drug has been put on the market and taken by a large number of people. Clinical studies may involve thousands of individuals testing a drug, but those numbers are small compared to the number of people taking the drug once it’s on the market.

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