What is a pharmaceutical claim?
A pharmaceutical claim is a type of product liability claim in which a person is injured as the result of taking a medication or using a pharmaceutical product. When a drug is prescribed by a doctor, it is usually assumed that the medicine will help treat a medical condition or aid in recovery from illness. Unfortunately, some drugs have dangerous side effects that can be serious or even life-threatening.
What is a product liability claim involving Actos?
A product liability or defective product claim for Actos is based on the following:
1. There was a duty of care owed by the Actos manufacturer to warn of dangers associated with the product's expected and normal use;
2. There was a failure in the duty of care owed by the Actos manufacturer; and
3. The failure resulted in an injury related to the use of Actos.
Isn't Actos safe since it was approved by the FDA?
During the development of a prescription drug, testing is conducted to make sure the drug does not have dangerous side effects. Even if certain side effects are found to exist, the U.S. Food and Drug Administration (FDA) may still approve the drug as long as the dangerous side effects do not occur too often, or if the label includes sufficient warnings.
Once a drug is released into the marketplace and a large number of people begin to use it, we sometimes discover that the occurrence of dangerous side effects is more prevalent than originally thought during the FDA approval process. Approval by the FDA does not by itself mean any particular drug is safe.
Must I prove my injuries were caused by Actos?
Yes. To prevail on a product liability claim, one must also show that the defective product (i.e., Actos) was the cause of one's injury and the injured person sustained compensatory damages such as medical bills, lost wages, etc.
Help If You've Been Injured by an Actos Side Effect
Many people have suffered injuries due to Actos side effects. At O'Hanlon, McCollom & Demerath, our product liability attorneys understand that your injuries may be the result of a defective drug. If you suspect you have an injury related to a side effect of Actos and need to talk to an experienced team of professionals, please contact us immediately to discuss your case.