Defective Drugs: Are They In Your Cabinet?


The United States Food and Drug Administration issues warnings when they uncover cases of defective drugs, and urge manufacturers to stop production and distribution of these drugs. But, what about some of the drugs that we still have in our homes whose side effects are not severe enough to pull off the shelves, yet are still serious enough to cause concern? A recall occurs when the side effects are severe enough to prove fatal in multiple cases. Yet, some of the manufacturers stand firm and continue to make their drugs available for consumers.

One of the drugs currently in litigation is Tylenol, recalled due to faulty manufacturing. Tylenol has been linked to liver damage. Another drug commercial we see on television, particularly during golf events as it is endorsed by pro golfer Phil Mickelson, is Enbrel. Said to help with arthritis and general pain, Enbrel has been linked to serious blood problems, allergic reactions, fungal infections and cancer.

How do you know whether you are suffering from the effects of a defective drug, or are the victim of a drug that is not doing what it is supposed to? The main red flag that you’ll experience might be that you suffer a lingering illness or side effect that won’t go away—a condition that you did not have before you started taking the drug. It’s imperative to read the list of side effects when taking a new drug, and to meet with the pharmacist and your physician any time a new dug is prescribed. While the list may be long for common side effects such as sleeplessness or drowsiness, there are many side effects listed within the fine lines of the text that require your attention. It may be helpful to calendar the date when you first started taking the drug so that you can monitor its progress or regression over time. If you continue to experience the side effect, and it continues to become even more severe, you’ll want to see your doctor so that the dose can be adjusted or the prescription can be eliminated. Be aware that even though it’s temping to take yourself off the medication if you are not seeing immediate results, it’s dangerous to suddenly withdraw from the prescription without the advice and guidance of your physician.

Should you find that you are experiencing long terms effects, and that you are not progressing in the areas for which you originally began to take the drug, you then may have a case for a defective drug case. Here are some important things to keep in mind as you make your case:

  • Keep all receipts and packaging of the drug.
  • Know your start date and whether or not your physician or pharmacist alerted you to any side effects.
  • Document your lack of progress with photos and text. Record your side effects, how you felt, whether you were tired or incoherent, or experienced skin problems. Adding photos to the documentation will aid in a claim.
  • Seek a New York attorney from a renowned firm to help you further your case.

Drug manufacturers are often not willing to share information to the average person if the drug has not prompted national attention due to its ineffectiveness. Enlisting in the support of a law firm who has a successful record with defective drug cases is your best bet when seeking compensation.

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Finz & Finz, P.C. is a New York and Long Island personal injury law firm based out of Mineola, NY. It was founded in 1984 and is highly rated, with many honors and awards of excellence.