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Pharmaceutical Litigation FAQ's
Who is liable for harm suffered from prescription drugs?
Depending on the facts of your individual case, liable parties can range from the drug manufacturer, to your treating physician, to the pharmacy that dispensed the medication. An experienced lawyer at Younce & Vtipil can help determine liability in your personal injury claim. Contact us today.
I have been taking a drug that was not prescribed by a physician; do I still have a possible legal remedy for injuries suffered from these drugs?
In a case where no physician prescribed the drug which caused you injury, but instead you purchased it on your own, you may still have a claim against the drug manufacturer. You will not, however, have a claim against your physician. Another possibility is a claim against the pharmacist if the drug was a prescription drug.
What is a class action lawsuit?
A class action is a distinctive type of lawsuit that allows a group of people who have comparable issues to sue another party as a group, or class. The idea of a class action is that everyone who has been injured by the same conduct should not have to be put to the expense of hiring his/her own lawyer and go through the stress of a trial. Certain drug litigation cases fall under class action lawsuits against the manufacturer. Contact Younce & Vtipil today to discuss your claim.
What drugs are most commonly found in drug litigation claims?
Among many others, the following are the most common drugs found in litigation claims:
Is anything being done to warn consumers about the possible dangers of taking prescription drugs?
The Federal Drug Administration (FDA) has strengthened its precautions in the labeling of certain drugs with dangerous side effects, through warning labels on the product. This includes the highest level of warning, a Black Box warning.
What is an “off-label” drug?
An “off-label drug” is use of a drug in ways other than described in the FDA-approved label. It is legal for physicians to prescribe medications for off-label uses; however, it is not legal for drug companies to promote unapproved uses or distort information about a medication’s off-label benefits.
Why would anyone use a drug for any reason other than what it was intended?
Many prescription drugs can provide benefits for patients that are not the drug’s primary purpose. For example, aspirin, once thought only a pain killer, has been proven to increase blood circulation and prevent heart attacks. This is an acceptable medical practice when done by an experienced physician. When a drug company specifically markets a drug for an off-label purpose, it violates Federal law, and can cause serious injuries in patients.
What are the most common uses of off label drugs?
Off label uses of FDA-approved drugs can include:
- Antidepressants - used for insomnia and pain
- Opioid analgesics – used for pediatric pain
- Anticonvulsants - used for a variety of pain problems
- Corticosteroids - used for cancer pain
- Antiarrythmics - used for neuropathic pain
- Beta-blockers – used for migraine
- NSAIDs - used for nonarthritic pain
- Amphetamines - used for opioid-induced sedation
- Clonazepam - used for anxiety
What should I do if my doctor prescribes a drug for off label use?
Here are some tips for the next time your doctor prescribes any medication:
- Ask about the risks and benefits - Ask if the drug has been approved for your condition and about the potential benefits and risks involved.
- Talk to the pharmacist - Ask the pharmacist to review the package insert with you before filling the prescription.
- Do some research - Look up the drug in medical reference book or on the Internet. Check whether your condition is an approved use, what the proper dose is, and what the proper duration of use is.
- Inquire about other options - If you are not comfortable with a drug that does not meet FDA-approval for your condition, tell your doctor.
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