When drugs and nutritional supplements on the U.S. market pose dangers to the health of patients and consumers, the U.S. Food and Drug Administration (FDA) may initiate a recall for the product or ask the drug’s manufacturer to voluntarily issue a recall. When injuries are involved, lawsuits quickly follow recalls.
The Lyon Firm is dedicated to reviewing every individual case that shows an association between a specific injury or condition and a drug, whether over-the-counter or prescribed. The Lyon Firm has experienced engaging large drug corporations in product liability litigation and files personal injury lawsuits on behalf of plaintiffs nationwide.
If in fact you are suffering from a certain medication, or have been injured through the use of a prescribed drug, contacting a pharmaceutical recall lawyer is the next step if you want to seek compensation for medical costs, lost wages, and pain and suffering.
The Lyon Firm has the resources and access to industry experts required to effectively pursue damages against the responsible parties.
Recalled defective drugs may result from improper testing, lab contamination, or production mishaps. Warnings may be issued by the nation’s safety agencies, typically after a series of complaints about health issues linked to the drug. A drug company may list several side effects on a drug label, but may understate the dangers or overhype the benefits of a particular drug.
The Food and Drug Administration is charged with the responsibility of ensuring the safety of the millions of consumers using thousands of medications and supplements.
It is impossible for the FDA to completely prevent the sale of harmful pharmaceuticals and each year thousands of patients suffer injuries. Consequently, victims and their attorneys file lawsuits targeting the manufacturers and distributors of these drugs. Major drug makers are regularly linked to recalled pharmaceuticals, including the following:
When consumers are harmed by drugs brought to market by the reckless practices and negligence of pharmaceutical companies, the companies may be held liable for the disregard of public health. Drug companies have a duty to protect the well-being of patients, or they must compensate for damages that result when their products are found to be dangerous.
If the drug you are taking has caused an injury or has been recalled, contact a healthcare professional and an experienced attorney to assist you in the necessary medical and legal proceedings. To build the strongest case possible, it is crucial to keep personal and medical records related to your specific drug injury.
Joe Lyon is a highly-rated toxic tort and personal injury lawyer representing plaintiffs nationwide in a wide variety of product liability claims and class action lawsuits against negligent pharmaceutical companies.
Drug and medication recalls are far from rare, and the FDA announces hundreds of pharmaceutical recalls each year due to contamination, health risks, improper packaging, failures to warn consumers of injury, cancer risks, allergen concerns, and other defects.
Following preventable drug injuries in which the substance was recalled and known to be defective, victims and their families can hire an experienced Ohio product safety lawyer to investigate and file injury claims.
Negligent physicians and drug manufacturers may be liable for related injuries and injured plaintiffs are encouraged to hold negligent parties accountable. Plaintiffs may be eligible for large settlements and compensation for defective drug treatment, medical expenses, and pain and suffering.
Given the large reach of pharmaceutical marketing practices and budgets, drugs can affect the health and lives of thousands of patients in both good and bad ways. Pharmaceutical litigation is a necessary balance to contain the large marketing budgets and influence of pharmaceutical companies.
Defective Pharmaceutical Products present an extremely dangerous public health risk and often lead to large scale and complex pharmaceutical litigation. Pharmaceutical litigation is a deterrent against corporations cutting corners and a means to compensate those who have been unjustly harmed by a dangerous product.
Most experts would agree that the FDA is not designed nor does it have the resources to monitor every product through the post approval process once it has been granted clearance.
Very simply, the volume of drugs that are presented for review is too demanding, so, while the FDA is a good initial step in the process, the responsibility of providing safe and effective pharmaceutical companies remains on the companies that profit from the sales.
While the pharmaceutical companies have yielded more influence over the review process, ultimately, the law is very clear that it is the company’s responsibility to run the appropriate tests, track the data, and to identify the side effects and then warn consumers and physicians adequately and in a timely manner. Government approval should not be a shield for liability.
When drugs are prescribed and do not work as intended because of a defect, serious injuries and complications may result. Depending on the particular drug, dosage, and seriousness of the defect, injuries and adverse health effects can vary widely.
Some of the more serious conditions developed from dangerous pharmaceuticals may include serious addiction, increased risk of amputations, cardiac risks, and death. Other medication related injuries may include:
Each year, hundreds of new drugs and dietary supplements are sold to the American public with approval from the U.S. Food and Drug Administration (FDA). Some drug companies, however, fail to properly test their products before they are prescribed by doctors and consumed by patients over-the-counter.
When drug companies are negligent in releasing contaminated or dangerous products and fail to warn doctors and patients, they may be held liable by injured plaintiffs and your Ohio product safety lawyer in product liability lawsuits. Settlements can be sought and compensation for medical expenses, pain and suffering and long-term disability can be sizable.
Contaminated and unsafe drugs end up leading to severe side effects and complications that drug companies may or may not have known about, resulting in warnings and product recalls. Consumers end up injured or ill and pharmaceutical companies may be liable for subsequent damages and personal injury and product liability lawsuits filed by an Ohio product safety lawyer.
If you discover that a drug you are taking has been recalled, the first step is to contact a physician to determine whether you are suffering harmful side effects associated with the recalled drug. Noted side effects may be mild or severe, but regardless, you and your doctor should discuss the possibility of an alternative medication.
Many product liability cases have had a positive impact on public health and safety, and we have witnessed improved lives and future injuries prevented as companies are forced to remove products and change designs and warnings as a result of litigation.
Product liability lawsuits often contain causes of action for strict liability, negligence, and breach of warranty. Strict liability applies to different factors than negligence-based claims.
In negligence cases, the actions of the defendant are the focus. In strict liability claims, the focus is on the condition of a product at the time it left the manufacturer. If a product is determined to be defective, the company is liable for any foreseeable injuries that are in-part caused by the defective condition of the product.
A product is defective if it is unreasonably dangerous for its intended use. A legal cause of action can be based on several types of product defects. The following are Cincinnati product liability and strict liability claims available in Ohio and in most jurisdictions nationwide:
(1) Manufacturing/ Construction Defect:
These issues arise where the product is released from the factory in a manner that deviates from the intended design or specifications. The defect can be a result of using the wrong materials, including the wrong or completely foreign materials (e.g., Tylenol contamination, food poisoning, damaged car part from factory installation).
As a result of the deviation, the product enters the market in an unreasonably dangerous condition and the consumer is exposed to or purchases a product that is defective. Any personal injuries or economic loss that arise from the the defect are compensable under Ohio product liability law.
(2) Defective design and/or formulation:
Defective design product liability cases arise not because a mistake was made during the manufacturing process, but rather the original design of the product is unreasonably dangerous. A “risk benefit analysis” is used to determine whether safer/less expensive alternative designs were available to the manufacturer.
Federal regulations set minimum standards for the design of many consumer products, and preemption defenses may preclude liability in some situations if the manufacturer follows and obtains federal approval for a product. Automotive recalls and product liability cases are usually a result of a defective design. Common cases include the Toyota Brake Recall, Chrysler Gen III seat belt buckle, lap belt only cases, Metal on Metal hip implants, transvaginal mesh.)
(3) Failure to warn or inadequate warning or instruction associated with the product:
All consumer products come with necessary and appropriate warnings and instructions for use. If the lack of a warning makes the product and use of the product unsafe, the manufacturer is liable for the failure to place the warning. The most common area of litigation for failure to warn is in pharmaceutical litigation.
Pharmaceutical manufacturers are required to warn of the known or foreseeable side effects and update the warnings in a timely manner. Litigation arises where there is evidence the manufacturer failed to timely update a warning in light of new data or simply ignored the risk and failed to conduct sufficient research to identify and then disclose the risk.
The product fails to conform to a representation or warranty. Warranty claims are more common in commercial and economic loss cases than in personal injury cases. In many States, The Product Liability Act does not apply to cases with only economic loss, because the Commercial Code provides recourse for breach of warranty.
The warranty may be written or implied based upon the products intended purpose and merchantability. An example of a breach of warranty cases are cases involving automotive defects.
Risks: The following factors are considered under Ohio law when determining the risks associated with the design of a product: (1) the magnitude of the risk of injury; (2) ordinary consumer awareness of the risk for injury; (3) the likelihood of causing injury; (4) the violation of a private or public standard; and (5) the consumer’s expectation of the performance of the product and level of danger. Ohio Revised Code 2307.5 (B) Product Defective in Design or Formulation.
Benefits: The following factors are considered under Ohio law when determining the benefits associated with product design: (1) the utility of the product; (2) availability of an alternative design; (3) the magnitude of risks associated with an alternative design. Ohio Revised Code 2307.5 (c)
Defenses for Defective Design: (1) a pharmaceutical drug or medical device is not defective by design if it contains an adequate warning of an unavoidably unsafe aspect of the pharmaceutical or medical device; (2) the dangerous aspect is inherent to the product, recognizable, and cannot be eliminated without compromising the product’s usefulness; (3) a lack of a feasible alternative design. 2307.75 (d)(e)(f).
A manufacturing defect is based on a defect that occurred during the manufacturing process. Many auto companies have been involved in this kind of product liability lawsuits in recent years, due to defective airbags, software defects, tire failure, and other dangerous manufacturing errors.
Most manufacturing defect cases are based on a products deviation from the intended specification, formula, performance standards, or design model. In such cases, it may be easy to determine the product did not comply with the intended design.
The product may be recalled as a specific lot is identified as being non-compliant and defective. A product may be defective in manufacture or construction, materials and assembly, and a manufacturer or distributor may be subject to strict liability, even though it exercised all possible care. Ohio Revised Code 2307.74.
Manufacturing Defect Examples:
In determining whether a product is defective due to inadequate warning or instruction, evidence must be presented to prove:
Defenses to Failure to Warn Claims: (1) the risk was open and obvious or a matter of common knowledge; and (2) in cases of a pharmaceutical drug or medical device, the warning was provided to the prescribing physician (“Learned Intermediary Doctrine”).
Many pharmaceutical companies have been targeted in failure to warn lawsuits for either failing to place warnings on medication guides and packaging or failing to properly test their product before putting it to market.
Design and manufacturing defects result in thousands of product recalls each year in the United States, initiated by federal safety agencies. Following injury and illness, regardless of recall status, victims and plaintiffs may pursue legal action and contact a product liability lawyer to begin the litigation process. Rightful compensation can be sought and help plaintiffs recover medical costs and other related damages.
Product liability law overlaps with regulatory law, which are the systems of legislative rules and administrative agencies, and part of federal and state governments. These agencies regulate the safety of the products sold to the public. Examples include:
The listed government agencies, however, may initiate recalls of dangerous products but do not provide remedies or compensation for damages where an individual is injured due to the defective product.
Our Firm will help you find the answers. The Firm has the experience, resources and dedication to take on difficult and emotional cases and help our clients obtain the justice for the wrong they have suffered.
Experience: Joe Lyon is an experienced Cincinnati Product Liability Lawyer. The Lyon Firm has 17 years of experience and success representing individuals and plaintiffs in all fifty states, and in a variety of complex civil litigation matters. Product Liability lawsuits can be complex and require industry experts to determine the root cause of an accident or injury. Mr. Lyon has worked with experts nationwide to assist individuals understand why an injury occurred and what can be done to improve their lives in the future. Some cases may go to a jury trial, though many others can be settled out of court.
Resources/Dedication: Mr. Lyon has worked with experts in the fields of accident reconstruction, biomechanics, epidemiology, metallurgy, pharmacology, toxicology, human factors, workplace safety, life care planning, economics, and virtually every medical discipline in successfully representing Plaintiffs across numerous areas of law. The Lyon Firm is dedicated to building the strongest cases possible for clients and their critical interests.
Results: Mr. Lyon has obtained numerous seven and six figure results in personal injury, automotive product liability, medical negligence, construction accidents, and auto dealership negligence cases. The cases have involved successfully litigating against some of the largest companies in the world
Defective products on the market present safety and health hazards for adults and children. Cheap and defective products may pose fire and burn risks; electrocution, strangulation and choking risks; and severe health risks. The manufacturers of consumer products have a duty to foresee potential injury and properly design and test products before they are released.
Companies must also properly warn consumers of any risks associated with their products. Any failure to protect consumers that results in accidents and injury can lead to lawsuits filed by plaintiffs and their Cincinnati product liability lawyer
The Lyon Firm aggressively, professionally, and passionately advocates for injured individuals and families against companies due to a defective product or recalled product to obtain just compensation under the law.
(Pikeville, Kentucky): Confidential settlement for Plaintiff who suffered spinal cord injury resulting in paraplegia due to defectively designed seat belt. Four passengers with three-point (lap/shoulder) belts walked away from the accident, and the only passenger wearing a two-point belt (lap only) suffered a debilitating spinal cord injury. The settlement assisted with home improvements to assist in daily living. GM entered federal bankruptcy during the process and no longer manufactures two-point lap belts for vehicles.
(Hillsboro, Ohio): Confidential Settlement for the family of elderly man who was catastrophically burned while operating a propane wall heater. The burns resulted in his unfortunate death. The heater, manufactured and sourced from China, was alleged to allow the flame to reach outside the grid area in violation of ANSI standards. The Defendant resolved the case following discovery and mediation. The recovered funds were paid to the victim’s surviving spouse and children. The company no longer manufactures this type of heater.