August 3, 2018
When we are prescribed medications, we expect that the medicine will do what it is intended. While it is possible that it is not the best medication for the ailment suffered by a patient in Illinois or elsewhere, this likely will not harm the patient but only require a physician to prescribe a different medication. On the other hand, if there was an issue with the manufacturing of a pharmaceutical drug or it was not properly tested before entering the market, this could seriously harm a consumer of that drug.
What duties do pharmaceutical manufactures have? Manufacturers that produce pharmaceuticals have a certain duty. That duty is to properly test medications before releasing them into the market. This means that testing criteria from the FDA is complied with and followed. While this is industry standard, even when the FDA properly licenses a drug, this does not release a manufacture from liability if a defective drug harms a consumer.
Manufacturers have a duty to warn. This means that any known side effects must be disclosed. However, a manufacturer is not expected to warn against dangers that are unknown. Typically, a manufacturer discharges this duty to the physicians prescribing the medication or the pharmacists filling the prescription. Unfortunately, even when side effects and dangers are disclosed, a defective medication could enter the market, harming a consumer. In these matters, damages might be available through a products liability action.
When there is a manufacturing error that results in the defects of a product, consumers should understand the rights they have. It is possible to seek compensation for the damages suffered. A products liability action not only holds a liable party or parties accountable, but this legal action also helps with the recovery of damages used to address financial hardships caused by the matter.
