Medical Device and Medication Injuries
Medical Device, Medication Injuries and Pharmaceutical Co. Liability
Just as doctors can be held liable for negligent medical care, pharmaceutical companies can be held liable for marketing a dangerous and defective product, or failing to provide adequate product warnings. For example, in the fen-phen suits, the legal theories involved included strict liability, negligence, breach of warranty, fraud, misrepresentation, and violation of the deceptive trade practice laws. To these claims, drug makers raise numerous defenses, including voluntarily assumed and/or incurred risk, contributory/comparative negligence, idiosyncratic reaction, misuse, the learned intermediary doctrine, and FDA regulatory compliance.
Various medications and medical devices are being investigated which potentially may cause injuries for which compensation may be available. The following list is not exhaustive and we recommend calling if you have questions. Wright hip implant, Stryker Rejuvenate and ABGII Implant, Biomet M2a Magnum Hip Implant, and DePuy Pinnacle Hip Implant. Other medical products we are focusing on include Bard’s Avaulta Mesh, Da Vinci Recall, Da Vinci Robotic Surgery System, Ethicon Gynecare Prolift Mesh, Kugel Mesh, Medtronic Quick Set Infusion Sets, Medtronic Sprint Fidelis Implantable Device, Medtronic Sprint Fidelis Lead, Mirena, NuvaRing, Spinal Implants (VerteBridge ROI-C ROI-A), Transvaginal Mesh, Zimmer Durom Cup Implant, and Zimmer NexGen Knee Implant.
Common Defective Drugs
Though many defective drugs have been taken off of the market, frequently drugs that are still approved for sale by the FDA drugs can pose dangers if not properly prescribed or used, or are used in dangerous combinations with other drugs, or used for an unapproved purpose. Additionally, some drugs once thought to be safe have been found over time to be dangerous.
The FDA keeps an up-to-date list of drugs that may pose safety concerns in certain circumstances at http://www.fda.gov/Safety/MedWatch/default.htm. Additionally, common drugs which you may wish to further investigate include:
This is not an exhaustive list. If you are concerned about a drug ask your physician, pharmacist or consult the FDA website more information about defective drugs. If a drug you have been taking is now listed as defective and you feel you have been injured, contact a lawyer.
For more specific examples of the areas of law in which we concentrate, the firm has compiled a list of notable cases for your review.