Can I file a lawsuit over a drug or medical device that hasn’t been recalled?
Recall is the term used to describe a product’s removal from the market because it is defective or potentially harmful. While many class action lawsuits and individual product liability cases filed in state and federal court involve products that have been recalled, a drug recall or medical device recall (such as a hip-replacement-system recall) is not necessary for you to recover for injuries you suffered as a result of your having taken a drug or having been implanted with a medical device. In other words, you may file a lawsuit for injuries sustained as a result or your having taken medication or having used a medical device even if there has been no recall of that drug or medical device.
For example, if the medicine you took for your diabetes causes you to develop cancer, you may sue the drug company that produces that medication, whether or not there’s been a recall. Here’s another example: A mother may sue the drug company that manufactures the medicine she took during her pregnancy if she believes that medication caused her baby’s congenital heart defect or some other birth defect, even if the manufacturer of the medicine she took has not recalled that medicine.
Who Issues Recalls?
The U.S. Food & Drug Administration (FDA) oversees recalls once they are in effect. In relatively rare instances the agency has also notified companies about a defective product and requested a recall of that product. The FDA does NOT, however, have the authority to order a recall.
In fact, most drug and medical device recalls are undertaken by pharmaceutical companies voluntarily. Drug companies are often quick to recall products that they learn are harmful or defective in order to limit the number of people who are injured by those drugs or medical devices. By limiting the number of victims, pharmaceutical companies limit their potential liability.
Federal guidelines require companies to notify the FDA when they recall a product. You can find a comprehensive list of drugs that have recently been recalled here.
Significance of a Product Recall
While a recall is not a prerequisite for filing a lawsuit, the fact that a recall has occurred can help your case. It may, for example, help your lawyer to prove that the company that manufactured your medicine knew that its product was defective before you sustained your injury–one of several facts that a products liability attorney might have to establish for you to recover.
A recall will not, however, be enough to conclusively establish that a pharmaceutical company owes you money for your injury. Fortunately, the lawyers at the Rottenstein Law Group know what they need to prove to help you get compensated.
We Track Recalls
The attorneys at the Rottenstein Law Group keep track of the drug and medical device recalls that affect you. If you have been injured by medicine or by a medical device that was prescribed to you, call the Rottenstein Law Group today–whether or not the product that hurt you has been recalled. We’ll do everything we can to help you recover money from the drug company responsible for your pain.
