Pharmaceutical Injury Lawyers

In the United States, pharmaceuticals are one of the most extensively used products. As a result, their uses, both in the development and in the clinical use of medications, have generated a wide variety of injuries and claims. In order to better understand the issues surrounding pharmaceutical lawsuits and the way they are handled, it is important to consider the definition of what a pharmaceutical product is and what a pharmaceutical injury lawyer can do to represent those individuals who have suffered due to the misuse or misapplication of a pharmaceutical product.

Pharmaceutical products fall into two broad categories. Those that are intended for direct human consumption, such as cough syrups, are commonly marketed as drugs. Those that are sold in a generic form are commonly referred to as over-the-counter (OTC) drugs. Pharmaceuticals have long been considered medicines but there is an ongoing debate between the medical community on whether or not these products are drugs in the strictest sense. The FDA and most pharmaceutical companies maintain that a product can be sold as a medicine in any country where it is manufactured without the necessity of licensing and clinical trials, but the FDA has not always followed this advice.

Pharmaceutical products can also include medical devices, which are devices used in conjunction with pharmaceutical products to provide therapeutic functions. A device is essentially a non-chemical based machine, like an inhaler, that performs a specific function. When a pharmaceutical product is improperly used or misapplied, the product can render itself useless in performing its intended task and may even result in a health problem. A defective or malfunctioning device can also create safety issues because it cannot perform as well as it should and in some cases may also present a health risk.

There are several types of pharmaceutical product liability law that are used to protect the rights of pharmaceutical users. These include product liability laws that were passed by the US government, including the Federal Food, Drug and Cosmetic Act (FFDCA) and the Lanham Act. Under the FFDCCA, manufacturers must take care to make sure that their products are effective and safe for consumers. A manufacturer is responsible for the claims of a user of the product, if the product proves to be ineffective or otherwise dangerous.

The Lanham Act provides a more narrow set of products liability law that limits damages that can be awarded to a user to situations where the manufacturer of a product was negligent or reckless in manufacturing the product. If a user has a medical condition because of the product, a manufacturer can be held liable under the Lanham Act if that the product was intended to treat the medical condition and was in fact used to treat that medical condition. However, a manufacturer can not be held liable if it was not aware of the side effects of using the product or if the side effects were discovered after use. If a medical professional malpractice has occurred, a lawsuit may be filed under a different set of products liability laws, including the Tort Lawsuit Reform Act.

Pharmaceutical litigation lawyers work with clients who believe that their company was responsible for the wrongful death of a person or even an injury caused by the misuse of a pharmaceutical product. There are several other circumstances that may require the use of a pharmaceutical's lawyer. A product may be defective due to a defect that was known only at the time of manufacturing and has a dangerous side effect when exposed in the environment or a manufacturer may have intentionally added a potentially harmful ingredient to the product in order to increase the profit margin of the drug or to increase sales and profits.

Pharmaceutical litigation lawyers are also often called upon to defend patients who have suffered from a disability caused by a product. The most common disability claims involve conditions like cancer, cerebral palsy, and Alzheimer's disease. They may also be responsible for claims of loss of wages and future financial damages that result from the loss of productivity.

Pharmaceuticals litigation lawyers are also responsible for protecting the rights of children who have been injured because of the negligence of their parents. In many cases, pharmaceutical products do not have to be registered with the FDA and thus may not be tested or approved for use in children before they are marketed. When these drugs are sold to children, it is often at the risk of their life.