Medical drug and medical device manufacturers have an obligation to put their products through rigorous testing in order to ensure that the products are safe for consumers. The Food and Drug Administration is supposed to require extensive evidence of a medical product’s safety before approving it for sale. Unfortunately, there are loopholes in FDA rules and there are situations where manufacturers don’t always do what they are supposed to before they allow consumers to begin using medical products. When a drug or a device turns out to be dangerous, the product can have a severe adverse consequence on the health of patients. Patients who are harmed or those who lose loved ones due to defective drugs or devices can take legal action and pursue a claim for wrongful death or personal injury. Abbott & Associates L.L.C. is accepting cases for those harmed by recalled drugs and medical devices. Regardless of where you live, call today to speak with our defective products lawyers. You may be entitled to significant compensation for your illness or injury.
Recalled Drugs and Medical Devices
Manufacturers are strictly liable for all medical products and devices that they sell to the public. This means that any time a device or drug has an unexpected side effect or causes harm to a patient through it use, the manufacturer can be held legally responsible for the consequences. Strict liability rules are supposed to encourage manufacturers to be extremely careful to ensure that all products released are safe. FDA regulations are also supposed to keep dangerous products from being sold. Unfortunately, many manufacturers bring medical devices to the market under the FDA’s 501(K) clearance program, This program allows for a device to be brought to the market with minimal or no testing because it is substantially similar to a product already for sale. The problem is, even when a product is voluntarily recalled, it can still serve as the basis for obtaining 501(K) approval. This has led to many defective devices flooding the marketplace, including transvaginal mesh and metal-on-metal hip implants. Any time a product comes to the marketplace and turns out to have a problem, either the manufacturer or the FDA can institute a recall. Recalls can occur even on products that have gone through the regular FDA clearance process, although the fast-tracked approval has led to a huge number or product recalls in recent years. When a recall occurs, the public is alerted to the problem. More instructions or warnings may be issued, and the product may be pulled from the market, depending upon the circumstances. Unfortunately, many people usually have already used the defective medical drug or device by the time the recall occurs.
Your Rights if You Used a Recalled Drug or Device
If you used a drug or a medical device that has caused you harm, you have the right to take legal action and hold the drug or device manufacturer accountable. The recall of a drug or device can frequently alert many patients to the fact that the health problems they are experiencing are linked to a product they used. As a result, many recalls prompt mass torts like class actions or multidistrict litigations that make it possible for many thousands of injured patients to all pursue claims. Before you join a class action or otherwise take legal action, you need to talk to a lawyer and understand your rights. Contact Abbott & Associates L.L.C. if you were using a medical product or drug that has been recalled.