The makers of prescription pharmaceuticals and medical devices have an obligation to ensure the products they manufacture are safe when used as directed, and that consumers are warned of potential side-effects.
Yet every year thousands of innocent people are harmed by dangerous prescription medications and defective medical devices. If you were injured or made sick by a defective product, or if a loved one died due to a faulty product, the Oklahoma injury lawyers at Carr & Carr Attorneys at Law are here to fight for the financial peace of mind you need to cope with medical expenses and other damages.
Please call us today at 877-392-4878 for a free consultation or contact us online to tell us your story now. Our law firm has offices in Oklahoma City and Tulsa, but we represent defective product victims from across the country.
Liability Factors in Defective Drug and Medical Device Cases
While there is a broad range of dangerous medications and faulty medical devices, lawsuits that target defective drugs and medical devices generally relate to one of three categories:
- Design defects: Flaws in a product’s design make it unreasonably dangerous.
- Manufacturing defects: Problems in the manufacturing process cause the product to become contaminated or otherwise render it unreasonably dangerous.
- Failure to provide adequate instructions or warnings: A product’s manufacturer or seller fails to provide sufficient instructions for proper use or to warn of likely risks or side-effects.
To establish liability and recover damages in a defective drug or medical device case, there are four key elements that must be established:
- You were harmed and suffered losses due to the use of a dangerous pharmaceutical or medical device.
- You were using the drug or medical device as intended and in accordance with its instructions.
- The product in question is defective due to a design defect, manufacturing defect, or failure to warn/provide adequate instructions.
- The product defect is the direct cause of your injury or illness.
It’s important to note that time is limited to file claims that stem from faulty drugs or medical devices. This deadline—referred to as a statute of limitations—varies by state. In Oklahoma, for example, victims have two years from the date they knew about, or should have known about, the injury or illness to file a lawsuit.
Drug and Medical Device Recalls
Although pharmaceutical and medical device manufacturers are supposed to adhere to a thorough testing and approval process under the oversight of the Food and Drug Administration (FDA), there are numerous loopholes that allow drug and medical device makers to push products to market with potentially dangerous defects.
Drug and medical device manufacturers are required to warn the public of any likely side-effects and to recall faulty products that have made it to market. Recalls are typically issued when a drug or medical device is found to be dangerous to the health of its users, or when a product does not have adequate labeling and warnings of known risks.
The FDA learns about these defects through its own investigations, consumer complaints, or when manufacturers contact the FDA to report a defective product. The FDA categorizes recalls for defective drugs and medical devices in one of three classes:
- Class I: Defective products that could cause serious health problems or death.
- Class II: Defective products with defects that might cause a temporary health problem, or pose a slight risk of serious injury.
- Class III: Defective products that are unlikely to cause any adverse health reaction, but violate FDA labeling or manufacturing laws.
Unfortunately, many products found to be defective are not recalled until after they have caused severe injuries or illnesses, or resulted in death.
Damages in Defective Product Cases
Compensation in faulty drug and medical device cases may include both economic and noneconomic damages.
Economic damages are those tied to direct monetary losses, such as medical expenses, lost wages, and lifestyle modifications. Noneconomic damages are more subjective in their valuation and may include pain, suffering, and loss of enjoyment of activities.
In some cases, punitive damages may also be awarded. Punitive damages include additional compensation assessed to punish the defendant for especially reckless behavior.
Examples of Defective Drug and Medical Device Cases
Carr & Carr Attorneys at Law is currently investigating claims involving defective prescription medications and medical devices that include but are not limited to:
- Heater-cooler device infections
- Hernia mesh complications
- IVC filter injuries
- Pacemaker complications
- Talcum powder and ovarian cancer
- Taxotere side-effects
If you believe you or a loved one suffered harm due to a faulty drug or medical device, one of the most important steps you can take to protect your rights and ability to recover compensation is to consult with a knowledgeable attorney.
Contact Our Experienced Defective Product Lawyers
The Oklahoma attorneys at Carr & Carr have extensive experience in defective product cases, and we have helped victims from across the country get the financial security they need to cope with medical costs and move forward with their lives.
We offer free, no-obligation consultations to help you understand your legal options, and we don’t charge for our services unless we successfully recover compensation on your behalf.
Please call us today at 877-392-4878 to arrange your complimentary consultation or contact us online to get started now. Our attorneys have offices in Tulsa and Oklahoma City, but we work with victims of defective products nationwide.