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Law Firms Don't Wait Until Drug Recalls are Issued to File Mass Torts



It may take dozens, hundreds or thousands of consumer complaints before a pharmaceutical company or the U.S. Food and Drug Administration orders a drug recall. But just because a drug hasn't been recalled doesn't mean it's necessarily safe. Often law firms are among the first to learn of drugs that cause serious, unintended health consequences, and begin filing lawsuits against the manufacturer even before a drug is recalled.

What Is a Drug Recall?

When a drug manufacturer issues a recall, it typically instructs stores and pharmacies to pull products off of its shelves. Consumers who have the affected drug may be directed to either destroy it or return it to the place of purchase. In some cases, the U.S. Food and Drug Administration may also order a voluntary or mandatory drug recall.

Drugs can be recalled for a variety of reasons, some of which are fairly mundane and others of which may be potentially fatal.

For example, in 2011, Johnson & Johnson ordered a recall of Sudafed because some contained a typo: The word "not" was repeated twice in the directions. ("Do not not divide, crush, chew, or dissolve the tablet.")

A more serious recall occurred in November 2012 when Boehringer Ingelheim Pharmaceuticals, Inc. recalled a batch of Pradaxa because a packaging defect could make the drug less effective and put users at risk for an ischemic stroke.

Mass Tort & Class Action Litigation

When many people have been injured from a defective product, it's known as a mass tort.

If you've been injured as a result of a defective drug or faulty medical device, you may have grounds for a personal injury lawsuit against the manufacturer. Personal injury lawsuits allow you to recover compensation to pay for:

  • Medical expenses related to your injuries
  • Lost wages
  • Temporary or permanent disability
  • Pain, suffering and emotional distress
  • Other injury-related expenses

If many consumers have similar or identical claims against the drug manufacturer, their claims may be consolidated into a class action lawsuit. Or the lawsuits may be transferred to a single court where one judge hears all of the cases.

You don't need to wait for a drug to be recalled before filing a lawsuit against the manufacturer. In fact, you can file a lawsuit even if you're the only person who was injured by the drug.

If a drug manufacturer refuses to recall a defective drug, personal injury and mass tort lawsuits actually serve the greater good. Oftentimes a pharmaceutical company won't issue a recall until it's been sued by many people who say they've suffered similar injuries as a result of taking a defective drug.

Visit LawyerLocator for more information about mass torts, or to find a personal injury lawyer in your area.

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