Defective Drugs & Medical Devices Information

The Trial Lawyers at The Ferraro Law Firm

The lawyers at The Ferraro Law Firm in Miami, Florida represent people injured by defective drugs and medical devices such as: Bextra, Vioxx, Paxil, Accutane, Thimersol Phenylpropanolamine, Guidant defibrillators and pacemakers, Taxus express stents, OxyContin, Fen Phen, Baycol, Serzone, Ortho McNeil birth control patches and Baxter Healthcare’s Colleague Volumetric Infusions.

Drugs and Medical Devices - An Overview

The costs of defective drugs and medical devices are great. Having defective drugs and medical devices on the market can lead to significant health risks in consumers. Risks can cause serious injury, disabilities and hospitalization. In some cases, injuries lead to more intensive surgeries than where originally necessary to correct the damage caused by the defect. Some harms caused by defective prescription drugs and medical devices also cause death. Fatal injuries caused by defects have been on the rise the past decade. This increase has lead to drugs being pulled off the markets, class action lawsuits, safety concerns and liability issues; we want to know who to blame.

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Defective Drugs

When a consumer receives a prescription for medication from his or her physician he or she would likely believe that drug is safe. However, safe does not necessarily mean harmless. According to the US Food and Drug Administration, “safe” means that the benefits of the drug outweigh the risks for the population the drug is intended to treat and for its intended use. A defective drug is one whose potential risks offset its anticipated benefits. Likewise, a defective drug is one whose potential risks outweigh its possible benefits to the consumer.

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Defective Medical Devices

Medical devices are used to ease pain, help with disabilities and save lives. However, when these devices are flawed they may cause serious injury and death. Some medical device defects may include faulty design or insufficient manufacturing quality and are considered instruments used for treatment, diagnosis or prevention of disease or injury. The FDA categories of devices are complex and widely varied and many of the adverse effects of medical devices are preventable.

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Legal Duty of Manufacturer

We all rely on medications and medical products to help gain a higher quality of life or better health. However, not all drugs or medical products are helpful. Some may have been defectively manufactured or may be unsafe. These medical products may pose dangerous risks or injury. Drug and medical device manufacturers have a legal duty to make a safe product, test their products, meet FDA standards and approvals for their products (prior to entering the market) and to issue the appropriate warnings for any risks associated with their products. Likewise, physicians and pharmacists have a duty to rely manufacturers’ warnings to their patients or consumers when it is necessary and appropriate to avoid consumer injuries. If you have been injured by a drug or a medical device, you may be entitled to compensation for your injury.

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What Can You Do?

Manufacturers, physicians and pharmacists may be held liable for certain drug and medical device defects, but ultimately you are responsible for your own health. Keep yourself aware and knowledgeable of your medical treatment. You are accountable for taking your prescription correctly, taking the right dosage and not abusing your medications.

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