Does a Drug/Device Need to be Part of a Recall Before You Can Seek Damages?

Many people are under the assumption that if the U.S. Food and Drug Administration (FDA) has approved a drug or medical device for use, it must be safe. Many also believe that if the FDA, pharmaceutical company, or device manufacturer hasn’t issued a recall on a drug or device they can’t file a lawsuit for injuries or adverse health effects they may have suffered.

Both assumptions are absolutely untrue.

Before the FDA approves a drug or device, the product is supposed to have gone through a rigorous testing and study process. Most in fact do. But that does not mean that the FDA has given the appropriate scrutiny to every proposed drug or device. In fact, a report discussed in Forbes magazine in 2015 asserted that “the FDA is basically providing a rubber stamp” to new drug applications, with an 88% approval rate in 2015 compared to a 56% approval rate in 2008.

This means that it is not uncommon for drugs or devices that are released into the marketplace to later be found to cause serious health problems for patients who use them. It happens with distressing frequency, actually.

As a dangerous drug and defective medical device lawyer, I have helped hundreds of clients who have been harmed by FDA-approved drugs and devices. Never assume that a drug or device is safe just because it’s been approved. Always make sure you discuss the possible side effects or adverse consequences of a prescribed drug or device with your physician.

Similarly, if a drug has yet to be recalled, that isn’t a seal of approval either. Recalls usually happen only afterreports come in to the FDA or the drug companies that patients have been suffering. Tens of thousands of people can be hurt well before a drug or device gets recalled. Sometimes, a drug or device that hasn’t been recalled continues to cause serious health problems for patients.

If you or a loved one has suffered from the adverse health effects of a drug or medical device, you may be entitled to compensation regardless of whether the drug or device is the subject of a recall. I urge anyone who has questions or concerns involving health problems caused by a drug or device to: 1) consult with their physician, and 2) consult with an experienced defective drug and medical device lawyer as soon as possible.

The Parian Law Firm: Metro Atlanta Defective Drug and Medical Device Lawyers

If you have suffered adverse health consequences as a result of using a defective drug or medical device, you may have a claim for compensation. The Parian Law Firm represents individuals in Georgia and across the country who have been injured and families who have lost a loved one as a result of a defective or dangerous drug or medical device. We are committed to holding the manufacturers of defective drugs and devices responsible for the damage they cause, and are passionate about obtaining compensation and justice for our clients.

Please give us a call at (770) 727-5550 or chat live online with a member of our staff today. We can discuss your situation, evaluate your potential claim, and advise you of your options. We look forward to assisting you.