The U.S. Food and Drug Administration recalls more than 300 drugs annually, and while not all of these drugs result in severe harm, many can cause serious injuries or even life-threatening complications. When drug manufacturers put profits ahead of consumer safety, the consequences can be devastating for those affected. Victims of defective drugs have the legal right to seek compensation for their injuries.
At Berg Injury Lawyers, our Sacramento defective drug attorneys have been fighting for the rights of injured individuals across Northern California since 1981. We believe that no one should bear the financial burden of medical treatments, lost wages, and other expenses caused by a manufacturer’s negligence.
If you or a loved one has suffered due to a defective drug, let Berg Injury Lawyers stand up for your rights. Contact us today for a free consultation to discuss your legal options.
Common Types of Defective Drugs
Prescription Drugs With Dangerous Side Effects
Prescription medications are often powerful and can have severe, sometimes undisclosed, side effects. Whether due to manufacturing errors, contamination, or insufficient testing, these drugs can harm patients who trust they are safe.
Over-the-Counter (OTC) Medications With Defects
OTC medications are widely accessible, but that doesn’t mean they’re free from danger. Defects such as improper labeling, contamination, or incorrect dosing instructions can lead to serious injuries for consumers.
Drug Recalls: What You Need to Know
The Food and Drug Administration (FDA) regularly issues drug recalls when medications are found to pose unexpected risks to consumers. Recalls can occur for many reasons, such as contamination during manufacturing, incorrect labeling, or previously unknown side effects that harm users.
Why Recalls Happen
Drug recalls are initiated when a drug is deemed unsafe due to:
- Contamination during production
- Mislabeling or incorrect dosage instructions
- The discovery of dangerous side effects after the drug has been released to the public
How Recalls Impact Consumers
When a drug is recalled, consumers are often left dealing with the consequences of a medication they thought was safe. In some cases, the recall might be too late to prevent harm. If you’ve suffered because of a recalled drug, you have the right to hold the manufacturer accountable for your injuries.
Types of Defective Drug Cases
Manufacturing Defects: Issues in the Drug’s Production Process
Manufacturing defects occur when something goes wrong during the production or packaging of a drug. This could be contamination with harmful substances, incorrect dosage amounts, or improper storage leading to degradation. For example, a drug that becomes contaminated with bacteria during production can cause dangerous infections in patients, even if the formula itself is safe.
Design Defects: Inherent Problems With the Drug’s Formula
A design defect occurs when the drug’s formula itself is flawed, making it inherently dangerous even when properly manufactured. For example, some medications may have dangerous side effects that outweigh their benefits, or they may be found to cause long-term harm that wasn’t initially known during clinical trials. A drug designed to treat heart disease but later discovered to increase the risk of cancer would fall into this category.
Failure to Warn: Lack of Proper Labeling or Warnings About Side Effects
Failure to warn occurs when a drug manufacturer fails to adequately disclose potential side effects, risks, or proper usage instructions on the drug’s labeling or in marketing materials. For instance, a medication that doesn’t warn patients about the risk of dangerous interactions with other common medications could result in serious harm. Even drugs that are otherwise safe can be deemed defective if consumers aren’t properly informed about their risks.
Common Injuries From Defective Drugs
Defective drugs can cause a wide range of serious injuries and health complications, many of which can have long-lasting or permanent effects on a person’s life. Here are some of the most common injuries associated with defective drugs:
- Organ Failure (Liver, Kidney): Certain defective drugs can cause severe damage to vital organs, particularly the liver and kidneys, which are responsible for processing and filtering medications. Prolonged use of these drugs, or improper dosage caused by a defect, can lead to organ failure. This often requires long-term medical treatment, including dialysis or even organ transplants.
- Stroke or Heart Attack: Defective drugs have been linked to an increased risk of cardiovascular events such as strokes and heart attacks. Medications that affect blood pressure, blood clotting, or heart rhythm can put patients at heightened risk if they are not properly tested or if side effects are not disclosed. These types of injuries can lead to permanent disability or death.
- Severe Allergic Reactions: Some drugs may trigger severe allergic reactions, especially if they contain undisclosed ingredients or are improperly labeled. Anaphylaxis, a life-threatening allergic reaction, can occur within minutes of taking a defective drug, requiring immediate medical intervention. Even less severe allergic reactions can result in hospitalization and long-term health issues.
- Birth Defects: Pregnant women who take defective drugs may unknowingly expose their unborn children to harmful substances, leading to birth defects or developmental issues. Certain medications, especially those that fail to warn of pregnancy risks, have been linked to congenital disabilities such as neural tube defects, heart problems, and other lifelong medical conditions for the child.
Compensation for Defective Drug Victims
Victims of defective drugs may be entitled to compensation to help cover the financial and emotional toll caused by their injuries. If you’ve suffered harm from a defective drug, pursuing a claim can help you recover the following types of damages:
- Medical Costs for Treatment of Drug-Related Injuries: Defective drugs often lead to serious health complications that require immediate and long-term medical care. Compensation can cover hospital stays, surgeries, prescription medications, rehabilitation, and ongoing treatments related to the drug-related injury.
- Lost Wages and Loss of Future Earning Capacity: If your injuries prevent you from working or reduce your ability to earn a living in the future, you may be entitled to compensation for lost wages and diminished earning potential. This can help ensure that your financial stability is maintained, even if you are unable to return to work for an extended period or permanently.
- Pain and Suffering: Beyond the financial impact, defective drug injuries often cause significant physical and emotional pain. Compensation for pain and suffering acknowledges the lasting impact the injury has on your quality of life, including physical discomfort, emotional distress, and loss of enjoyment of life.
- Punitive Damages in Cases of Gross Negligence: In cases where a drug manufacturer’s behavior was particularly reckless or negligent, courts may award punitive damages. These are designed to punish the responsible party and deter similar misconduct in the future, going beyond compensating for direct losses.
Proving Liability in Defective Drug Claims
In defective drug cases, proving liability often hinges on demonstrating that the manufacturer, pharmaceutical company, or other responsible party failed in their duty to ensure the safety of the product. Drug manufacturers are required to thoroughly test their products and design them to be safe for consumers. If the drug’s design or manufacturing process is flawed, they may be held accountable for any harm caused.
Pharmaceutical companies are also responsible for providing clear, adequate warnings about potential side effects. If a company fails to disclose known risks, they can be held liable for injuries that result. Additionally, pharmacies may share responsibility if they dispense medications improperly or fail to warn patients about the dangers of a drug. Each of these parties can be involved in the determination of liability in a defective drug claim.
Why Choose Berg Injury Lawyers?
At Berg Injury Lawyers, we bring over four decades of experience to every case, including complex defective drug claims. We know the tactics pharmaceutical companies use to avoid responsibility, and we won’t back down from standing up to them on your behalf.
Our Sacramento defective drug lawyers work with top medical experts to build the strongest possible case for your claim. We ensure that every detail, from the drug’s testing process to labeling issues, is thoroughly investigated. With millions of dollars recovered for our clients since 1981, Berg Injury Lawyers is committed to delivering the best results possible while providing personalized, client-first service throughout your case.
Contact Our Sacramento Defective Drug Lawyers Today
If you or a loved one has suffered harm from a defective drug, you deserve justice and fair compensation. At Berg Injury Lawyers, we’re ready to fight for your rights and hold pharmaceutical companies accountable.
Contact our team today for a free consultation. Let us put our experience, resources, and dedication to work for you.
