Pharmaceutical
companies manufacture and market hundreds
of new drugs each year. Each product is
regulated and approved by the food and
Drug Administration before it reaches
the consumer, and every year over 200,000
people die from using these drugs. It
is estimated that more than 50% of all
the drugs marketed to the American consunmer
have deleterious effects, in spite of
testing and FDA regulation.
Of all the recent examples of harmful
drugs, most were withdrawn from sale within
12 months of release. Some drugs were
still marketed by drug companies even
after evidence of serious side effects
or death had been noted. By law, drug
manufacturers are strictly liable for
injuries if the product they sell is defective
or unreasonably dangerous. This can happen
in several ways.
1.) The product may be defective because
of an error in the manufacturing process.
2.) Consumers are not warned of possible
bad effects from the use of the product.
3.) The product has a design flaw that
makes it dangerous.
In all these cases, the manufacturer is
liable and can be sued for damages even
if they were unaware of the danger. It
does not matter how carefully the product
was produced or labeled.
Many drug products have caused such widespread
injury that class action suits or mass
torts have been filed against them. Some
of these drugs include: Baycol, Fen Phen,
Rezulin, Propulsid, and PPA.
Of additional concern are the dietary
supplements which are becoming increasingly
popular. The FDA requires that manufacturers
assure that such supplements are safe
before selling them, but there are no
testing or approval requirements. |