Medicines and pharmaceuticals are developed and produced to help improve the quality of your life. Drugs can alleviate symptoms, provide cures, and prevent infection for seemingly limitless ailments of the human body. It is a multi-billion dollar industry driven by the needs of patients and astonishing profits. We are fortunate that a government entity exists to regulate drug safety.
But in the rush for profit, drugs can gain FDA approval before they are tested properly. The manufacturing process can become hasty, causing errors that affect the quality of the drug. If you or a loved one in New Jersey have been injured, a defective drug lawyer in North Bergen from Morelli Law Firm can help you to pursue your legal rights with a product liability case.
What Drugs Are Under Investigation and May Be Defective?
The FDA is responsible for regulating the safety of consumer products and regularly releases a recall list of drugs, foods or other consumer goods that are found to be hazardous. They also protect public health by ensuring safe practices and investigating consumer complaints of harm.
As stated on their website, the FDA is also responsible for helping to speed innovations that make medical products more effective, safer, and less costly by providing accurate, scientific information. Sadly, despite the safety regulations in place, they cannot be everywhere at once in order to guarantee complete safety to the public.
Here are some examples of potentially dangerous drugs:
Johnson & Johnson pulled all talc products off the market in May 2020. Talcum powder may be linked to the development of ovarian cancer.
Zantac and Ranitidine
This is a popular drug frequently used to treat indigestion, heartburn, and acid reflux. FDA removal was instituted when dangerously high levels of a probable cancer-causing substance, NDMA, were found in the products. Many people may have developed cancer over the years after using ranitidine products.
Other Defective Drugs Under Investigation
Many other products have been pulled from the shelves and have been the cause of health issues resulting in litigation. If you have taken any of the drugs on this list, contact a defective drugs lawyer. Possible defective products under investigation:
- Ortho Evra
- Talcum Powder
With our assistance, you may be able to receive fair compensation for your injuries. Our North Bergen defective drug lawyers can provide you with the information and options you need.
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How Can You Prove a Drug Is Defective?
Drugs are often released too quickly due to inadequate testing, which can be extremely harmful to the unsuspecting user. In other cases, defective drugs cause injuries to countless people due to faulty design, improper manufacturing, and even deceptive marketing.
There are several ways to prove to a court or jury that a drug is defective. Faulty drugs and pharmaceuticals usually must meet the criteria of one or more of these categories:
The FDA has stringent regulations that must be adhered to in the production of pharmaceutical medications. They can punish manufacturers who haven’t kept their standards high enough to ensure product safety, but that sometimes is not discovered until the harm has been done.
Some examples of manufacturing defects can include tainted drugs or drugs that have been switched in the manufacturing process. Further, ideal materials for production may be unavailable, thus replaced by substandard substitutes.
All these conditions and many more can create a recipe for defective drugs. A defective drugs attorney in North Bergen can analyze the situation and help to find proof of defects in the manufacturing.
Dangerous Side Effects in the Drug
Defective drug injuries can be caused by the concealment of dangerous side effects. If the drug causes more problems than it solves, such as causing cancer, this could definitely describe a defective drug. The side effects may have been missed or simply not disclosed after testing.
Any drug can cause unwanted side effects, but drugs need to cause hazardous side effects that cause you harm. This defect is usually more difficult to prove, so the help of an experienced defective drug attorney is paramount to your case.
Marketing: Deceptive or Defective
Lack of warning labels, incomplete usage instructions, failure to warn or failure to include these written instructions constitute defective marketing. As for advertising, this can include false advertising that leads the patient to believe there won’t be dangerous risks known to exist or even false claims. These are typical ways that improper drug marketing can lead to injury.
Advertising defects also include marketing materials the patient has never even seen. Pharmaceutical representatives and drug companies may have delivered incorrect instruction or incomplete information in their marketing presentations that caused the harm. Lack of information can absolutely cause injury, and is a definite consideration in a defective drug case.
What Kind of Damages Might I Be Entitled to in a Defective Drug Case?
In the state of New Jersey, you have a right to safe medication. When there is negligence in the manufacturing, marketing, and distribution of drugs, the responsibility for the damages caused should not fall on you. The use of prescriptions and other medications to treat your illness should ease your symptoms without causing you harm.
You can sue for the recovery of financial losses and also for non-economic losses. Here are some examples of the types of damages you may be able to recover with the assistance of an attorney:
- Economic damages may include medical bills, costs of future treatment, lost wages from time off work, loss of future wages or earning capacity, or loss of potential earnings because you had to change jobs.
- Non-economic damages are losses that don’t have a specific set measurement. Pain and suffering is very subjective and includes things like loss of enjoyment of life, loss of consortium, and the suffering caused by the pain involved in your injury and treatments.
Contact Us Today for a Free Case Evaluation
Morelli Law Firm has won many of the largest jury verdicts and settlements ever obtained for people injured by negligence and defective products. Our trial lawyers have won thousands of claims on behalf of those harmed and each year we build on that successful track record.
Call or use our online form to set up your free case evaluation so that we can begin building your claim. Start working with a North Bergen defective drug lawyer with no fees required upfront. Our firm works on a contingency basis, so there is no risk or financial obligation.