Pharmaceuticals

Although countless people benefit from the use of prescription drugs, many thousands are injured every year by pharmaceuticals that were approved by the U.S. Food and Drug Administration (FDA) and yet cause harm. The public has a right to trust that their prescription drugs are safe to use. Unfortunately, there has been a clear pattern in which big pharmaceutical companies place profit ahead of the well-being of the public and push release of drugs in a way that ends up causing people injury or death. Jorge P. Gutierrez Jr. is a Board Certified Civil Trial Lawyer who can provide you with the legal advice and representation you need in a pharmaceuticals case.

Manufacturer responsibilities

Proper testing is often neglected in favor of releasing a drug, to get profits rolling. To complicate the legalities of the matter, drug manufacturers are not legally obligated to provide warnings about possible side effects of a prescription medication to the public. Their only responsibility is to share such information with physicians who prescribe the medications. It’s different with over-the-counter drugs because the manufacturer is directly responsible to fully inform the public in those instances.

About pharmaceutical malpractice

Drug companies can be held liable for pharmaceutical malpractice as a result of failing to abide by FDA regulations and ultimately causing illness, injury, serious side effects, or death. The following are scenarios from which pharmaceutical malpractice can originate:

• The pharmaceutical company fails to disclose side effects and health risks.
• The pharmaceutical company fails to spend adequate time on clinical trials and therefore is unaware of potential side effects and health risks.
• The physician prescribes a drug that causes an adverse reaction with another type of medication you are on.
• The pharmaceutical company makes a drug appear more attractive by falsifying the results of clinical trials.
• Defective drugs are produced by the manufacturer because defects were not detected during the quality control process.
• The prescription is filled by the pharmacist using the incorrect dosage or the wrong medication.

Compensation in a pharmaceutical case

Every pharmaceutical case is unique, and various factors determine the outcome. Every case is calculated dynamically, but the following are the types of compensation that can be won in a pharmaceutical lawsuit:

• Lost wages
• Medical bills
• Diminished earning capacity
• Funeral expenses, in cases involving wrongful death
• Pain and suffering

The harsh reality is that pharmaceuticals can cause severe personal injuries. The top reason people are injured every year is a direct result of drug companies placing profits above the safety of consumers. The following statistics provide further evidence:

• More than 500,000 adverse pharmaceutical incidents are reported annually to the FDA.
• Insufficiently tested pharmaceuticals are approved each year, in spite of the fact that large pharmaceutical companies can afford to take sufficient safety measures.
• Many Class I drug recalls happen continuously and can be found on the FDA website under drug recalls.

Contact Attorney Jorge Gutierrez at The Gutierrez Firm

If you need legal assistance in a pharmaceuticals case, contact Jorge P. Gutierrez Jr., Board Certified Civil Trial Lawyer today.