Before a new drug or medical device reaches consumers, it must undergo rigorous testing by the manufacturer. The results of these tests must then be submitted to the FDA to be reviewed by an internal team of doctors, pharmacologists, chemists, etc., to ensure that the drug or device works as intended with minimal dangers or side-effects. Only when the FDA approves a new drug or device can it be obtained by consumers, either over-the-counter or through their doctor. Unfortunately, it is not possible for manufacturers or the FDA to foresee all possible side-effects, and the danger of a drug or device is often not known until it becomes widely used over a long period of time. Once the danger has been discovered it must first be linked to the drug or device in question and reported to the FDA or manufacturer in order to get it recalled. This process can take months or years, and by then hundreds of patients may have suffered the harmful effects.
How Do I Know If I Have a Dangerous Drug or Medical Device Case?
Ultimate responsibility for a dangerous drug or medical devices falls on the manufacturer, and FDA approval does not waive them of liability. A manufacturer can be held liable for manufacturing defects, defective design, failure to warn about harmful side-effects, or falsely marketing the product.
We have decades of experience representing plaintiffs in dangerous drug and medical device litigation. Contact us today to discuss your case with a member of our firm by calling us at (713) 425-7100.