Defective Drugs

Arizona Injury Accident Attorney Rudy Resendez > Defective Drugs

Defective Drugs

Phoenix Arizona Defective Drugs Attorney

Prescription drugs are big business in the United States and worldwide. The global pharmaceuticals market is worth $300 billion per year, and over the past decade, the 11 largest global drug companies earned $711 billion in profits. Over-the-counter medicines are a $33 billion a year business.

Many of these drugs, when introduced to the public, are hailed as the next “miracle” cure or treatment when they are in truth no safer—or are even less safe—than products already available.

Anyone who’s ever seen or read a Big Pharma TV advertisement is likely familiar with the long list of potential, and often severe, side effects associated with drugs used to treat everything from depression to high blood pressure to diabetes to sexual dysfunction. In some cases, however, these drugs have side effects that are not disclosed by their manufacturer, are marketed for purposes federal regulators have not approved them for, or are simply defective.

With or without a prescription, products that are supposed to improve health may be having the exact opposite effect. If you or someone you love was seriously injured or killed by a legal drug, you may be able to recover money for medical bills, lost wages, pain and suffering and more through a lawsuit. In fact, there’s a good chance that the same product that harmed you also harmed others, and you may be eligible to join an ongoing lawsuit.

To learn more about your legal rights and options, contact Rudy Resendez of the Resendez Injury Law Group. Schedule a free consultation by calling (602) 824-9444 or by sending us a message.

Federal Regulators Struggle to Reign in For-Profit Drug Companies

Just how dangerous are prescription drugs? More defective product lawsuits are filed against prescription drug manufacturers than are filed against all other industries—combined. And this doesn’t even take into account lawsuits involving non-prescription, over-the-counter products.

The size and wealth of big drug makers puts them in a unique position to sell us products that we may or may not need. Compared to the Food and Drug Administration (FDA)—the federal agency that sets drug testing and licensing standards—Big Pharma has much deeper pockets and a stronger influence on public health information.

It may shock you to learn that the FDA doesn’t even have the authority to issue a mandatory drug recall. Its authority is limited to “requesting” recalls, although if companies don’t comply, it can take further legal action. And when it comes to dietary supplements (including so-called “natural” herbal supplements), an industry projected to be worth $60 billion in 2021, the FDA has no approval authority. The industry is effectively self-regulating (which is to say, not really regulated at all).

Defective Drug Lawsuits

The US Justice Department can fine companies that engage in fraudulent marketing practices (that is, marketing drugs for purposes they weren’t FDA-approved for), and it does so frequently, including in these recent high-profile cases:

  • GlaxoSmithKline ($3 billion)
  • Pfizer ($2.3 billion)
  • Johnson & Johnson ($2.2 billion)
  • Eli Lilly ($1.42 billion)
  • Abbott ($1.5 billion)

Note, however, that these lawsuits are different than personal injury lawsuits brought forth by injured drug users. Such lawsuits must be based on one of the following claims:

  • Defectively manufactured drugs (including drugs that are tainted, mislabeled or otherwise improperly made).
  • Drugs with dangerous side effects (no drug is absolutely safe, but some are unreasonably dangerous)
  • Improperly marketed drugs (typically, when a manufacturer does not provide adequate or accurate warnings of a drug’s side effects

Defective drug lawsuits may contain more than one type of claim. In addition, they may name multiple defendants, including:

  • The drug manufacturer
  • The lab that tested the drug
  • A pharmaceutical sales representative who sells a drug to a doctor or hospital
  • The doctor who prescribes the drug (who may have also committed medical malpractice)
  • The pharmacy that filled the prescription
  • A hospital, clinic or other treatment center

Due to the numerous claims and defendants possible in a defective drug lawsuit, it’s important that you speak with an experienced product liability attorney about your case.

But don’t delay. Arizonans have only two years from the time they suffer a defective drug injury to file a lawsuit. Some exceptions apply, such as when a drug taken during pregnancy causes injury to a child that aren’t apparent until the child is grown.

Bad Medicine? You Need a Good Lawyer.

A prescription medication, over-the-counter remedy or nutritional supplement that harmed you should be discussed with an experienced Arizona defective drug lawyer. The Resendez Injury Law Group is a boutique firm that puts the “personal” in personal injury law. Through compassion, honesty and competence we’ll provide the legal cure you need for your defective drug harm.

Schedule a free consultation with Rudy Resendez today and learn more.

From our Phoenix offices we serve clients in Peoria, Avondale, Goodyear, Buckeye, Surprise, Mesa, Scottsdale, Chandler, Tempe, Gilbert, Queen Creek and all other areas of Arizona including Flagstaff, Yuma and Gila Bend.

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