Pharmaceutical malpractice (or pharmaceutical negligence) lawsuits are one of the fastest growing types of personal injury lawsuits, not just here in San Diego, but all over the globe. Pharmaceutical malpractice happens frequently, and the basis for pharmaceutical malpractice revolves around prescription medication.
As personal injury attorneys who handle pharmaceutical malpractice cases here in San Diego, we realize that people trust scientists with our health to produce new drugs that will increase our quality of living. These people also trust their doctors to make sure that the right prescription and the right dosage are assigned.
Pharmaceutical malpractice lawsuits are filed based on three things: (1) drug recalls, (2) product failure and (3) long-term side effects of prescription drugs. Improperly prescribed medication and improperly filled prescriptions can also play a part in pharmaceutical malpractice.
A recent, fast-growing development in pharmaceutical malpractice has been prescription drug recalls. Reasons for prescription drug recalls include:
- Increased pressure for both profits and medical relief causes many drugs to be rushed to market
- Long term side effects are difficult to determine
- Conflict of interest: the testing that is done on some prescription drugs, is done by the same pharmaceutical companies which are "under the gun" to get those drugs on the market
There have been numerous prescription drug recalls for drugs that were supposedly safe but led to life altering and possibly fatal side effects in pharmaceutical malpractice lawsuits.
- Fen-Phen: Fen-Phen had been approved for many years as an appetite suppressant in the management of obesity. Heart valve disease was a side effect because of the combination of drugs used in production.
- Celebrex: Celebrex was an inhibitor approved for the treatment of rheumatoid arthritis and osteoarthritis. There are now concerns that Celebrex usage may increase the risk of heart attack or strokes in some people who take it.
- Vioxx was a treatment for osteoarthritis, menstrual pain and management of acute pain in adults. There were concerns with Vioxx and Celebrex that their use might increase the risk of heart attack or stroke.
Sadly, in some pharmaceutical malpractice cases, a wrongful death must occur before a drug recall is made.
Improperly filled prescriptions involve a little bit more, and there are typically two different kinds of this type of pharmaceutical malpractice case. In both types, the doctor or the pharmacist can be held liable for one of the following:
- A prescription that is prescribed contradicts another prescription that the patient is already taking.
- A pharmacist gives an incorrect medication or an incorrect dosage of the correct medication.
When pharmaceutical malpractice mistakes are made, our San Diego firm's pharmaceutical malpractice attorneys will make sure that the right people are held responsible for errors made that cause serious health problems or wrongful death to a loved one.
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