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Have an Injury from a Recalled Drug? Here’s What You Should Do

drug recall personal injury

Lessor Known Legal Cases: The Injury from a Recalled Drug

One of the least well known types of cases involve an injury from a recalled drug. These are a unique and lessor known type of personal injury case. Normally when people think about personal injury cases, they think about car and motorcycle accidents or defective consumer products or home injuries. The injury from a recalled drug case is among the most important because we have an everyday expectation that the drugs and pharmaceuticals we consume are safe for consumption.

Injury from a Recalled Drug a Result of Failed Expectations

When consumers take drugs that are over-the-counter or prescribed by a doctor, they have an expectation that the drugs are safe and have been FDA approved. However, the FDA frequently recalls drugs that proved to be dangerous to consumers. Additionally, consumers are not always properly warned about the risk of taking certain drugs or pharmaceuticals. If you or someone close to you has been injured by a drug or cosmetic product that has been recalled or otherwise found to be unreasonably dangerous, you may have a legal claim for damages.

A Possible Case from an Injury from a Recalled Drug

Similar to all other personal injury cases, the merits of a case for a injury from a recalled drug are established on the negligence of another party. Therefore, if you received injury or disfigurement because another party did not take proper precautions in the administration or preparation of this drug, or you were not properly warned about the risks of this drug, you might have a viable case.

3 Classes of FDA Recall to Try to Prevent an Injury from a Recalled Drug

In order to keep yourself safe, you should be aware of drugs or pharmaceuticals that have been recalled by the FDA. Here are the three classes of drug recall by the FDA:

  • Class I recall: a situation in which there is a reasonable probability that the use of or exposure to a violative product will cause serious adverse health consequences or death.
  • Class II recall: a situation in which use of or exposure to a violative product may cause temporary or medically reversible adverse health consequences or where the probability of serious adverse health consequences is remote.
  • Class III recall: a situation in which use of or exposure to a violative product is not likely to cause adverse health consequences.

Regardless of the level of recall, you should stop using recalled drugs or pharmaceuticals immediately. If you have been injured or disfigured from the use of a drug, contact a personal injury attorney immediately.

Joyce & Bittner have worked in personal injury law for over 25 years. If you have an  injury from a recalled drug, you should call us at (412) 281-9919 .