Pharmaceutical Liability

Defective Drugs

»Posted by on Jan 3, 2014 in Personal Injury, Pharmaceutical Liability | 0 comments

“Defective drugs” is a misnomer insofar as they are actually formulated and manufactured precisely as they were intended. They only said to be defective when they pose unanticipated health risks to those who use them. While this may be due to a failure to test properly, a failure to warn, or misleading marketing, it would appear that the only defective component in the equation is the manufacturer.

Side effects are to be expected with pharmaceutical products, but the benefits are expected to outweigh them. Among the most controversial products in the market today are contraceptive products, such as Yazm Yasmin, Ocella, and NuvaRing. According to Williams Kherkher, the worst thing about products such as NuvaRing is that millions of women used them believing they were safe, and the manufacturers did nothing to disabuse them of this notion even though studies had shown that NuvaRing encouraged potentially deadly levels of blood clot formation 6.5 times more than in women who did not use Merck and Co.’s product.

The same could be said for Bayer Pharmaceutical’s Yaz, Yasmin, and the generic version Ocella. An article on The National Injury Law Center website pointed out that numerous studies showed that the 4th generation combination contraceptives containing drospirenone (Yaz, Yasmin and Ocella) consistently raised the risk of blood clot formation in women, leading to higher risks of stroke, deep vein thrombosis and pulmonary embolism. This prompted the Food and Drug Administration to launch the investigation, but Yaz had already been on the market for 5 years, and Yasmin for 10 years.

While the harm these products have caused may not be reversed, the companies that allowed the products to be distributed so widely knowing the risks they posed to the users can still be made to pay for their negligence. Consult with a defective drugs lawyer specializing in filing claims for the particular product that caused serious harm or death to the user and get an assessment of the case.

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