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Defective Drug

A Cook County Product Liability Lawyer May Hold Defective Drug Makers Liable for Unsafe Products

Defective drug personal injury cases present a bevy of challenges to injured plaintiffs who hope to be compensated by a large and very well funded pharmaceutical industry. Drugs, just like any goods sold to the public, must deliver relief without acute, unintended side effects. A drug is also consumed by a trusting public that believes it was properly researched and tested before being released to market. The Food and Drug Administration’s (FDA) “seal of approval” characterizes that public trust. But even the FDA is not perfect, and a Cook County product liability lawyer can hold pharmaceutical companies accountable when it is not.

The list of dangerous drugs is lengthy and changes almost daily. And these well-funded drug companies, along with their lawyers, have one goal in mind: keeping payments for legal damages to injured victims to a minimum. Even medicines that are purported to be safe can be dangerous if taken by certain people in certain situations or combined with other medications. Some of the more common dangerous drugs include:

  • Accutane has been connected to chronic depression and suicides
  • Paxil (Paroxetine) is known to increase violent behavior and suicides
  • Celebrex, Ephedra, Vioxx and Fen-Phen are associated with heart attack and stroke
  • Ortho Evra causes dangerous blood clots
  • Oxycontin is associated with seizures and low blood pressure
  • Hydroxycut and Lamisil are linked to liver damage
  • Ritalin can cause seizures and suicidal tendencies
  • Testosterone compounds that raise “Low-T” levels in men are considered risky

Additionally, many unapproved or under-approved medicines or drug/herbal combinations commonly advertised on television and sold by mail order or on the Web claim improved hair growth, sexual performance, weight loss and other “easy medical cures” – these may be dangerous, defective drugs.

Naturally, the human body and the organic chemistry that determines how drugs interact in a human being are quite complex. Because of this, it’s very difficult for drug manufacturers to anticipate all complications that might arise from any drug’s common use. This is one of the reasons why FDA approval can be so tedious and take years to complete. Many “trials” must be conducted, documented and reported before any drug is approved. However, when hundreds or thousands of users experience similar – and serious – side effects after a drug is approved, the conclusion is that the manufacturer did not adequately research the side effects or conduct proper trials and should be sued because of its defective, dangerous medicines.

Types of Drug Injury Cases

Cook County product liability lawyers list drug injury cases in two broad categories:

  • Product liability lawsuits relate to the negligence of a drug’s manufacturer in creating a drug that is unsafe for public use, such as Hydroxycut, a series of dietary supplements marketed as a weight-loss aid, The FDA subsequently recalled it because they caused serious liver damage in many people who used them, causing some wrongful deaths.
  • The other type surrounds pharmaceutical error committed either by a doctor who misprescribed a dangerous drug with knowledge of its inherent risks or some sort of pharmaceutical error. In either event, depending on the specifics of the case, these parties can become defendants in a defective drug injury case. If you suspect this applies to your situation, we recommend you read the medical malpractice section.

A primary challenge of all product liability cases comes from numerous injured victims filing civil lawsuits against the same – in this case – drug manufacturer. When this happens, the victims end up collectively bringing their claims against the defendant in multiple states, and a special judge combines these into one giant lawsuit. This is called a mass tort. But conversely, when an attorney combines many similar cases into a single filing, it is called a class-action lawsuit. Both are very complicated, and you should speak with your lawyer on the benefits and shortcomings of either option.

If you have been injured by a dangerous drug or a family member has suffered wrongful death, Buttafuoco and Associates’ experienced defective drug injury attorneys offer a free consultation. Contact us anytime by calling 1-800-NOW-HURT or use our online contact form.