Are Drug Injuries Different than Medical Malpractice?

Pharmaceutical litigation or drug injury cases are different than medical malpractice. In most drug injury cases, the doctor is not necessarily responsible—the pharmaceutical company that manufactured and/or advertised the drug has a duty to warn doctors and patients of risks. They also have a duty to not put untested drugs onto the market. In this video, drug injury attorney Daniel Jeck explains what is pharmaceutical litigation, and offers an example of recent cases he and the law firm handled.

Video Transcription

One of the things that we handle here is pharmaceutical litigation, where we hold big pharmacy companies responsible for injuries that they caused by defective products that they put on the market. Or sometimes we hold pharmacy companies responsible for the failure to place an appropriate warning on a product so that the doctors and the patients are made aware of the potential dangers of taking a product at too high of a dosage or for too long of a period of time.

One of the types of cases that we’ve handled in this office are cases involving fentanyl patches, which are pain patches that were placed on individuals who have very significant underlying issues that can cause a tremendous amount of pain. We learned and found out that pain patches made by certain companies were defective and that they were introducing too much fentanyl to the patient via these patches too quickly and causing fentanyl toxicity and death.

So, what we did was is we brought a lawsuit against these companies who made these patches. We get the documents that show how the patches were made and we were able to show that the way that they manufacture these patches was defective. Defective meaning that the matrix for the delivery of the medication permitted the medication to be delivered too fast to the patient. When the patient dies there’s an autopsy that’s done that shows that they had fentanyl toxicity, and if that matches up to the type of patch that we had, then you have the makings of a lawsuit and can hold them responsible. So we bring cases often against very large pharmacy companies to hold them responsible for the defective products that they put into the market. For more information about our firm, go to ERLegal.com and check out our website.



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