What is a Bad Drug?
Many consumers are unsure whether they have been the victim of a bad drug. To determine if a drug qualifies, defective drug lawyers look for telltale signs, such as:
- How the drug was marketed
- Inaccuracies in the labeling and warnings
- How the drug company trained doctors on the effects of the drug
- If any side effects were downplayed
- Whether there were any delays between when the drug company first discovered a harmful effect and when it was communicated to doctors and the public
A defective drug attorney may actually order testing of a sample of the drug to see if it was tainted or contained any incorrect ingredients.
What Determines Whether or Not a Drug Is Considered a “Bad Drug”?
There are three reasons for a drug to be considered a bad drug:
- Defective or Tainted: This is an extremely broad category. It may involve drugs that have been tainted (such as spoiling or changing chemically due to shipping conditions). However, in most cases, it indicates a more innocuous manufacturing flaw. For example, the label could have been misprinted to leave out a key ingredient or list the incorrect ingredient. This could lead to doctors prescribing it when they would not otherwise, particularly for patients who have an allergy or are taking a competing medication. In other cases, the defect is deliberate, such as when a cheaper ingredient is substituted.
- Dangerous Side Effects: The FDA requires manufacturers to report and disclose any side effects discovered during testing. However, this may not occur for a variety of reasons, including inadequate testing or too few sample groups. It takes years for side effects to manifest. The manufacturer purposefully concealed evidence of a side effect, altered the data, or failed to report it.
- Deceptive Marketing: Marketing that is deceptive. Pharmaceutical companies are under intense profit pressure, and they market to doctors as well as the general public. These same companies also “educate” doctors on the uses, benefits, and risks of their products. This creates a significant conflict of interest. If the marketing was deceptive, whether intentionally or unintentionally, it could give rise to a bad drug lawsuit.
What Are My Legal Options If I Am a Victim of a Bad Drug?
If you believe you’re the victim of a bad drug, you should consult with a lawyer as soon as possible.
You almost certainly have the right to sue for damages, and dangerous drug lawsuits frequently award victims millions of dollars or more. However, these are frequently large, complex class action suits with extremely tight deadlines. You must report your case and file your claim as soon as possible if you want to be fairly compensated for your losses.
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