Although prescription medications are approved and regulated by the Food and Drug Administration (FDA), they sometimes have injurious effects. Approximately three billion prescriptions are written each year in the U.S. and thousands of people suffer injury or even death due to adverse drug reactions. Often, these harmful or fatal events are preventable. At Jacobs & Crumplar, P.A., our Delaware product liability lawyers are dedicated to holding manufacturers liable for the preventable injuries they cause.
Sometimes, a person is harmed by over-the-counter or prescription medications. Examples of dangerous drugs that have been the subject of pharmaceutical litigation include:
Medical Product Liability
People may also be harmed by medical products or devices. Some medical devices that have been the subject of medical product liability cases are:
- Transvaginal mesh
- Metal hip replacement
- Heart stents
- Guidant defibrillators
- IV blood clot filters
- DaVinci surgical robot
Causes of Dangerous Drugs or Harmful Medical Devices
Manufacturers are responsible for ensuring the reasonable safety of the drugs they release and market to customers. However, thousands of consumers are harmed each year because they do not always uphold that duty. There are several reasons why people are subject to dangerous drugs or harmful medical devices: defective manufacture, defective design and defective marketing.
Defective Manufacture: This happens when a medical device is damaged during the making of the device, or when a pharmaceutical drug is improperly manufactured or tainted before the customer receives it.
Defective Design: This refers to when there is an inherent flaw in a drug or device’s design. Sometimes, drugs are insufficiently tested prior to being put on the market or the risks associated with the drug only become apparent after it has been on the market for a long time. Drug makers may also deliberately conceal the known dangers just to get the product on the market.
Defective Marketing: This happens when a medical device or pharmaceutical drug is marketed without any recommendations or warnings regarding known side effects. Manufacturers, pharmacists, sales representatives and other medical providers may all be liable for such failure to warn.
The Delaware product liability lawyers at Jacobs & Crumplar, P.A. are experienced in handling all types of dangerous drug and harmful medical device cases. We have successfully litigated Xarelto claims on the basis that the drug’s manufacturer failed to adequately warn consumers about its side effects, particularly severe internal bleeding. Our experienced attorneys have also represented clients in transvaginal mesh lawsuits on the basis that there was inadequate testing prior to its approval and marketing. This device has now been linked to urinary problems, pain, infection, bleeding and other complications.
Holding Manufacturers Accountable for Dangerous Drugs
Generally, to hold a manufacturer accountable and recover compensation for your injuries, you must show that the manufacturer breached its duty to you. To do so, you must first prove that you were taking the drug as prescribed for a purpose approved by the FDA. You must also have experienced an adverse reaction that was not noted on the product’s warning label. Finally, you must prove that the harm you suffered was caused by the drug.
Proving causation can often be difficult because the manufacturer will argue that the side effect was caused by something other than the drug. An experienced medical product liability lawyer can help gather medical records, FDA information and other evidence to prove causation and recover damages for your injuries, including the cost of medical expenses, lifestyle adjustments due to disability, loss of wages or profits and pain and suffering.
Delaware Product Liability Lawyers at Jacobs & Crumplar, P.A. Represent Those Harmed by Dangerous Drugs or Medical Devices
If you were harmed by a dangerous drug or a defective medical device, contact a skilled Delaware product liability lawyer at Jacobs & Crumplar, P.A. Our zealous attorneys are dedicated to holding manufacturers and other parties responsible for their wrongdoings. From our offices in Wilmington and Georgetown, we represent clients throughout Delaware, including those in New Castle County, Sussex County, and the community of Dover. Contact us online or call us at 302-656-5445 to schedule a free consultation.