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Frequently Asked Questions about Drugs and Medical DevicesQ: Who is liable for harm suffered from prescription drugs? A: Depending on the facts of your case, liable parties can range from drug and medical device manufacturers, to your treating physician, to the pharmacy that dispensed the medication. Q: How can I find out if a medication I have been prescribed is dangerous? A: Always ask your physician questions you have about medications he or she prescribes you. Also ask your pharmacist about possible risks and instructions on how to take your medications. If you are already taking a medication and would like to make sure it is still safe, check with the FDA Web site or the MedWatch Web site for updates on dangerous drugs. |
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While prescription medications are usually beneficial, they can be dangerous. Your doctor is responsible for prescribing the right medication, and your pharmacist is in charge of filling the prescription. |
George & Sipes, LLP - Pharmaceutical Drug Litigation Lawyers
We rely on medical products companies to create drugs and medical devices that are safe and reliable. However, when pharmaceutical manufacturers repeatedly prove that the need to make money is more important that public safety, someone has to stand up for the rights of everyday consumers.
Our law office has the goal of making the world a safer place by forcing companies to take responsibility for their actions. With your help, we can sue pharmaceutical companies and make them pay their victims the compensation they deserve. You can call our toll free number at 1-888-277-0500 to set up an appointment.
If you would like to learn more about drugs and medical devices, the following information will be helpful to you:
If you have been injured you need to contact an experienced personal injury attorney at our office by calling our toll free number: 1-888-257-0500, or by filling out our online contact form.
George & Sipes, LLP
151 North Delaware Street
Suite 1700
Indianapolis, IN 46204
Toll-Free Phone: (888) 277-0500
Phone: (317) 637-6071
Fax: (317) 685-6505
E-Mail:
Contact Us
*The law firm of George & Sipes, LLP, in Indianapolis, Indiana, represents clients throughout the state of IN, including Noblesville, Greenfield, Lebanon, Dansville, Martinsville, Franklin, Shelbyville, Evansville, New Albany, Bloomington, South Bend, Terre Haute, Fort Wayne and the counties of Marion, Hamilton, Hancock, Boone, Hendricks, Morgan, Johnson, Shelby, Lake, Allen, Vanderburgh and Vigo.
Drugs and Medical Devices - An Overview
The costs of defective drugs and medical devices are great. Having defective drugs and medical devices on the market can lead to significant health risks in consumers. Risks can cause serious injury, disabilities and hospitalization. In some cases, injuries lead to more intensive surgeries than where originally necessary to correct the damage caused by the defect. Some harms caused by defective prescription drugs and medical devices also cause death. Fatal injuries caused by defects have been on the rise the past decade. This increase has lead to drugs being pulled off the markets, class action lawsuits, safety concerns and liability issues; we want to know who to blame.
Defective Drugs
When a consumer receives a prescription for medication from his or her physician he or she would likely believe that drug is safe. However, safe does not necessarily mean harmless. According to the US Food and Drug Administration, “safe” means that the benefits of the drug outweigh the risks for the population the drug is intended to treat and for its intended use. A defective drug is one whose potential risks offset its anticipated benefits. Likewise, a defective drug is one whose potential risks outweigh its possible benefits to the consumer.
Defective Medical Devices
Medical devices are used to ease pain, help with disabilities and save lives. However, when these devices are flawed they may cause serious injury and death. Some medical device defects may include faulty design or insufficient manufacturing quality and are considered instruments used for treatment, diagnosis or prevention of disease or injury. The FDA categories of devices are complex and widely varied and many of the adverse effects of medical devices are preventable.
Legal Duty of Manufacturer
We all rely on medications and medical products to help gain a higher quality of life or better health. However, not all drugs or medical products are helpful. Some may have been defectively manufactured or may be unsafe. These medical products may pose dangerous risks or injury. Drug and medical device manufacturers have a legal duty to make a safe product, test their products, meet FDA standards and approvals for their products (prior to entering the market) and to issue the appropriate warnings for any risks associated with their products. Likewise, physicians and pharmacists have a duty to rely manufacturers’ warnings to their patients or consumers when it is necessary and appropriate to avoid consumer injuries. If you have been injured by a drug or a medical device, you may be entitled to compensation for your injury.
What Can You Do?
Manufacturers, physicians and pharmacists may be held liable for certain drug and medical device defects, but ultimately you are responsible for your own health. Keep yourself aware and knowledgeable of your medical treatment. You are accountable for taking your prescription correctly, taking the right dosage and not abusing your medications.
Drugs and Medical Devices Resource Links
United States Food and Drug Administration (FDA)
MedWatch
Breast Implants on Trial
Institute for Safe Medication Practices
RegSource.com
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