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Each year hundreds of new drugs enter the $60 billion per year prescription-drug
industry promising to improve our lives. But every year, 200,000 Americans die
and numerous more are injured as a result of false and misleading claims by
pharmaceutical companies. Despite the series of clinical trials and tests
conducted on prescription drugs to protect the public, many drugs are causing
serious injuries. According to the General Accounting Office, 51 percent of FDA-approved
drugs have major adverse effects that aren't detected until after the general
public uses them.
Prescription drugs are regulated and approved by the Food and Drug
Administration (FDA). Under current FDA regulations, new drugs are approved in
half the time they were 15 years ago. This is because under the Food, Drug, and
Cosmetic Act, the FDA can approve new drugs for marketing without long-term
testing if it will benefit the public interest. 21 C.F.R. 310.303 (1997).
Unfortunately, the current incidents of prescription drug injuries suggest that
the public’s best interests are not being served. In the last 4 years, the
following widely used drugs are among those that have been recalled and banned
by the FDA. In many instances, these drugs were recalled within a year due to
deaths or serious adverse effects by users
Fortunately, the law provides you with rights. Under 402A of the Restatement (Second)
of Torts, prescription drug manufacturers can be held strictly liable for
selling products in a defective and unreasonably dangerous condition, even
though they may have exercised the utmost care in the preparation and sale of
their product. A product may be defective or unreasonably dangerous in several
ways. One way is if the manufacturer failed to warn consumers of potential
injury risks associated with the product. A product might also be defective or
unreasonably dangerous if it was improperly designed (i.e. inappropriate
chemical composition or dosage). Lastly, the product may also be defective if an
error occurred during the manufacturing process. A prescription drug contains a
manufacturing defect when it departs from its intended design even though it was
carefully prepared and marketed. Manufacturer liability may also extend to what
your physician tells you about the prescription drug.
Wildman Schooley, LLC is committed to promoting the heightened quality and safety of
medications marketed to the public by taking swift legal action to compensate
injuries resulting from dangerous drugs like Vioxx. Claims for Injuries
resulting from Vioxx and other prescription drugs require prompt action. If you
or a loved one has suffered an injury from taking Vioxx, call Wildman Schooley, LLC now at
(740) 852-8383 or Toll Free: (877) 874-8383 or CLICK
HERE TO SUBMIT A SIMPLE CASE FORM. The initial consultation is
free of charge, and if we agree to accept your case, we will work on a
contingent fee basis, which means we get paid for our services only if there is
a monetary award or recovery of funds. Don't delay! You may have a valid claim
and be entitled to compensation for your injuries, but a lawsuit must be filed
before the statute of limitations expires.
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