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When Defective Drugs Are Recalled

Nichol & Associates, Attorneys at Law July 12, 2021

Every day, there seems to be another recall. While it is a small matter to throw away a head of lettuce, it is far more serious when the defective product is one of the medications you take. What should Tennessee residents do when it happens to them?

Talk to Your Doctor First

The Food and Drug Administration (FDA) typically issues the recalls and offers details regarding why they selected the particular drug. Recalls usually originate with the drug manufacturer. However, before you stop taking any medication suddenly, contact your health care provider. There may be adverse consequences if you quit using the medicine cold turkey.

Recalls Could Be for Minor Reasons

The FDA can issue a recall for a reason that might not be impactful. It could be something minor, such as a packaging problem or mislabeling. However, there are also cases that involve contamination or the discovery of a dangerous side effect.

Handling a More Serious Defective Product Issue

Holding the manufacturer responsible for a defective product when the case involves medicinal drugs can be quite a serious matter. Legal action is appropriate and warranted when there are issues of misrepresentation. There are also situations in which ongoing studies have shown a problem with a drug’s current formulation. Depending on the time that elapses between getting the results and taking action, there may be liability.

Determining the Gravity of The Situation

The FDA devised a recall classification system that makes it easier for consumers to understand the severity of the issue. A Class I recall may involve fatalities or major health risks. Class II recalls are somewhat serious for some consumers. In the case of a Class III recall, the FDA suggests that you are unlikely to experience a problem.

For any health concerns, consult your physician. If you are unsure what your legal rights are after finding out that a medication is on the recall list, you might benefit from speaking about the case with a law firm.