Defective drugs are pharmaceutical products that pose a significant threat of side effects to consumers. Drug companies have a responsibility to adequately communicate potential risks and side effects associated with their prescription drugs. Unfortunately, the serious side effect risks associated with defective drugs are often not revealed until many people have suffered injury and other losses.
The pharmaceutical industry and the US Food and Drug Administration have been the subjects of serious controversy in recent years. Major drug recalls and studies showing serious side effects associated with several popular drugs have caused consumers to question the policies and practices of those involved in drug safety and regulation.
In September 2004, the drug maker Merck recalled their top-selling painkiller Vioxx after studies linked the drug to an increased risk of cardiovascular side effects, including heart attack and stroke. Many medical experts had tried to warn consumers about these serious risks, but by the time the drug company was virtually forced to pull Vioxx off the shelves, thousands of people had suffered serious injuries and death.
In November 2004, FDA whistleblower Dr. David Graham warned Congress by saying, “I would argue that the FDA as currently configured is incapable of protecting America against another Vioxx.” He publicly charged his own agency with being incapable of protecting Americans from dangerous and defective drugs. He added that the FDA’s failure to act was a “profound regulatory failure.”
The FDA does not deserve all the blame. Many drug companies consistently choose profit over consumer health. They are notorious for aggressively marketing drugs for which the safety and efficacy are not fully understood. Drug companies often conceal or downplay the adverse side effects of their popular medications to keep bring in new sales. Health care professionals are pampered with gifts and other incentives encouraging them to prescribe a particular medication.
In addition to highlighting the serious risks of defective drug Vioxx before the Senate in 2004, Dr. David Graham also highlighted five drugs on the market today that pose potentially significant threats to consumer health. Accutane, an acne medication; Meridia, a weight loss drug; Serevent, an asthma medication; the cholesterol lowering drug Crestor; and painkiller Bextra were all cited as potentially defective drugs.
Since that announcement, Bextra was pulled off the market due to serious and life-threatening cardiovascular and skin-related side effects. Serevent, Accutane, and Crestor carry black box warnings (the strongest FDA requested warning short of a recall). Reputable consumer watchdog group Public Citizen has pushed for the recall of all these arguably defective drugs.
If a defective drug has injured you or a loved one, you may be eligible to seek compensation for your losses and suffering. To learn more about your legal rights and options, please contact us to speak with a qualified Pennsylvania pharmaceutical litigation attorney about your defective drug case.
