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Defective Product: The Manufacturer’s Fault

Posted on Jan 27, 2015 by in Dangerous Products | 0 comments

Pharmaceutical companies are legally obligated to make sure that their products are safe and effective in treating serious health conditions and in helping individuals maintain good health. Thus, it is important that before getting approval from the US Food and Drug Administration to have their products be made available for public use, these products, especially prescription drugs, should have first undergone clinical tests which will determine their actual effects on patients.

Sadly, though, despite the different government agencies that are tasked to ensure product safety, many of those that have defects still find their way in markets’ shelves and get sold to unsuspecting consumers. Defective products are not limited to prescription drugs or over-the-counter drugs, but include an endless list of items that Americans purchase and use (every day). Some of the products commonly complained about due to their defects and the harm these have already caused, include: food, children’s toys, motor vehicles, gas containers, milk, dairy products, electronic devices, machines, chemicals, and so forth.

Due to the so many defects reported by consumers, some of whom have already suffered injuries, the Consumer Product Safety Commission has been forced to order thousands of product recalls. With regard to prescription drugs, the government authorized to make recalls is the US Food and Drug Administration. The FDA does not usually recall a drug unless that risks it causes have been proven as outweighing the benefits it provides. However, to make sure that patients are aware of the drug’s potential risks, the FDA advises its manufacturer to clearly state in the drug’s prescription label the possible dangers associated to its use. However, if the drug’s side-effects are severe, then a block box warning, the most serious warning the FDA issues, can be included in the label of the drug.

Unless a product has been tampered with or altered by the seller, the harm it causes will always be the manufacturer’s fault. Proving liability over a defective product is not an easy task, though, due to the complex legal procedures involved in it. Thus, it is best that the victim is assisted by a knowledgeable and skillful personal injury lawyer, who will help him/her decide what legal action to pursue to help him/her get the full amount of compensation allowed under the law.

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