Medication Lawsuits
The pharmaceutical industry is booming in the United States because people rely on medications to treat various illnesses.
While these medications undergo extensive testing and clinical trials before approval, sometimes serious health risks only become evident after the drugs have been widely marketed and prescribed.
When medications cause unexpected side effects or harm, lawsuits can arise. These cases often involve claims that drug manufacturers didn’t adequately warn about potential risks, misrepresented the drug’s safety, or promoted it for unapproved uses.
We represent individuals and loved ones of those who were harmed by dangerous medical drugs and have filed drug lawsuits against pharmaceutical companies.
Battling Big Pharma
Beasley Allen has a proven history of standing up against Big Pharma in lawsuits related to harmful drugs on behalf of individuals or their loved ones. One of the most well-known cases handled by our firm involved the prescription medication Vioxx.
In 2008, after more than five years of challenging litigation, Merck agreed to pay $4.85 billion—the largest pharmaceutical settlement in history—to resolve claims involving plaintiffs who suffered a heart attack (including sudden cardiac death) or a stroke after taking the nonsteroidal anti-inflammatory drug Vioxx.
Andy Birchfield led Beasley Allen’s team, playing a crucial role in developing the Settlement Program and persuading Merck to settle these cases. Since Vioxx, our firm has obtained numerous verdicts and settlements on behalf of people nationwide who were injured by dangerous drugs.
Unlocking the Medicine Cabinet
There are several different types of medications.
Prescription
Prescription medications are drugs that you can only get with a doctor’s prescription. These are regulated by laws to ensure they are safe and effective. In the U.S., the FDA oversees these regulations. Sometimes, if a prescription drug is proven safe over time, it can become available over-the-counter (OTC).
Over-the-Counter (OTC)
OTC medications are drugs you can buy without a prescription. Drugs made by different manufacturers must have the same active ingredients to treat the same condition but can have different formulations. Some OTC drugs might require you to talk to a pharmacist, but many are available in regular stores, supermarkets, and gas stations.
Surgical / Clinical
These medications are given during medical procedures or when you’re under professional medical care. They can be used during exams, surgeries, or hospital stays. These drugs include antibiotics, pain relievers, blood thinners, anesthesia and more. They help manage pain, prevent infections, and ensure the procedure goes smoothly.
Recall Rundown
The Food and Drug Administration (FDA) oversees the marketing of medical drugs in the U.S. and ensures that each drug offers a “reasonable assurance of safety and effectiveness.” If a pharmaceutical manufacturer discovers a problem with one of its medications, the company must issue a recall to correct or remove the dangerous drug and inform the FDA.
There are three types of medical drug recalls:
- Class I: Involves a situation where there is a reasonable chance that medication will cause serious health problems or death.
- Class II: Involves a situation where medication may cause a temporary or reversible health problem or a slight chance of causing severe health problems or death.
- Class III: Involves a situation where medication is not likely to cause any health problem or injury.
Class II recalls account for 80% to 90% of all drug recalls. With over 1,000 drug recalls annually, pharmaceutical companies have significant room for improvement and a strong case for enhanced industry regulation.