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Pharmaceutical and Medical Device Manufacturers Must Warn Doctors and Patients of Their Products’ Risks

By: Anapol Weiss

By: Gregory Spizer

Prescription medications and medical devices have saved, prolonged and/or improved lives. In many instances, these products have been of great benefit to millions. However, all of these products also have side effects which can be fatal or disabling. For this reason, the law requires that pharmaceutical and medical device manufacturers warn doctors and patients of their products’ risks. If they fail to do so, they can be liable and those impacted may be entitled to compensation.

Over time, many lawsuits have been brought against drug and device manufacturers for failing to satisfy their legal responsibilities. The suits generally claim one or more of the following allegations:

  • Overstating the Benefits – a product cannot claim unproven or unsubstantiated benefits. Often, a drug or device has a limited application, but in order to have a wider market appeal, the products are promoted for a wider use.

  • Failure to Warn – as indicated above, all prescription medications and medical devices have risks. Those risks must be relayed to a patient’s doctor so the decision to prescribe or not prescribe a drug or device is an informed one and based on solid, accurate and reliable information. A doctor and patient must both know the true risks of these products so a patient can decide if he/she believes the supposed benefits of the product outweigh its risks.

  • Design Defect – pharmaceutical and medical device manufacturers must design products to minimize or, if possible, eliminate their risks. If a product can be designed more safely, the manufacturers must do so.

When a pharmaceutical or medical device manufacturer engages in these or other behaviors, they could be liable for any damages they cause to individuals who are injured by their products. For over 40 years, our firm has represented thousands of individuals who have been injured or killed by dangerous drugs or medical devices. If you or a loved one has suffered an adverse event from a prescription medication or medical device, we at Anapol Weiss stand ready to represent you. Please go to our website for a list of those drugs/devices that our firm is actively pursuing.