According to drugwatch.com, prescription drug spending increased from $40 billion to $234 billion between the years 1990 and 2008. With nearly half of all Americans taking at least one prescription drug, it’s safe to say the prescription drug industry is booming. Furthermore, the use of medical devices has also increased to $85 billion per year.
We can all agree that science and medical research are improving our lives and helping increase our longevity. But at what cost? Many products now reach the market quickly and aren’t properly checked for safety. From 2006-2009, the number of recalled drugs increased 309 percent.
Drug companies and medical device manufacturers are responsible for protecting consumers by making and testing their products before they reach the general public. Not surprisingly, both the prescription drug industry and medical device industry have seen their share of lawsuits. With the pressure to quickly release new and effective drugs and devices into the hands of the general public comes an increase in manufacturer’s oversight and improper testing.
“Drugmakers and device manufacturers have a legal duty to ensure the safety of their products. They must also satisfy Food and Drug Administration (FDA) regulations before putting their products on the market. But manufacturer negligence and flaws in the approval process have exposed millions to hidden risks. The public has turned to product liability lawsuits to expose these risks and protect the injured.” – www.drugwatch.com
When an individual files a lawsuit against a drug company or medical device manufacturer, it falls under a special area of the law called “product liability.” If you suffer an injury caused by a product defect, you can file a legal claim.
Product liability claims fall under a number of categories:
- Design Defects
- Marketing Defects
- Manufacturing Defects
Additionally, you may be able to receive injury for punitive damages. These may include:
- Hospitalization costs and ongoing medical treatment
- Wages lost for time away from work
- Pain and suffering
- Lowered quality of life
A large majority of product liability claims are from faulty medical devices and improperly tested drugs. If you’ve suffered a side effect from a prescription drug or medical device, you may be eligible for compensation. It’s important you contact an experienced product liability lawyer to discuss your case and the laws that could affect your legal rights. They understand drug and medical device companies and the ways those companies defend themselves in lawsuits. Eason & Tambornini, A Law Corporation has extensive experience with product liability lawsuits. If you feel you have a case or have additional questions, contact us today.
