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Causes of Drug Injuries

When determining a culprit for drug injuries, it is important to first determine the cause of the injury. Drug injuries can be caused by a manufacturer’s failure to adequately warn for dangerous side effects, evasion of approval requirements and processes, defects in the design of the product and defects in the production of the drug. Each of these causes target a different type of victim group whose size may vary based on the popularity of the drug.

Unfortunately, the use of drugs is necessary for many Americans suffering from chronic illnesses and pain. However, just because the use of the drug is necessary, it does not justify the manufacturer’s neglect of warning or comprehensively educating the user of the possible side effects. This is referred to as the failure to warn. This defect involves a company’s failure to provide sufficient, relevant instructions and warnings regarding the use of their drug. The reason for failing, or choosing not, to report may be motivated by a desire to have the drug approved or the fear that the drug would not be prescribed and used enough.

Safety instructions must be communicated to the doctor and the patient being prescribed the product. A failure to do so can result in severe allergic reactions or the unknowing misuse of a drug. Many drugs carry an inherent risk of side effects and an FDA approval does not necessarily qualify the drug as safe. Many drug approvals are done so with the knowledge of rare, dangerous side effects. It is the responsibility of the manufacturer, and the prescribing doctor, to communicate those risks to the patient. Failure to do so is a call for legal action against the person who withheld that information.

Defects may also go undetected during the approval process due to various issues faced by the FDA such as funding shortfalls, lobbying and pressure from the manufacturer or public for approval. This has resulted in the approval of many insufficiently tested drugs, which can cause side effects or injuries that are unknown and therefore impossible to forewarn of. Regrettably, because a new drug is also a new product on the market, which could bring significant revenue for the manufacturer, the motives for approval may be tainted by greed and the desire for more money. Circumvented or shortened drug approvals are only an increase of risk to the users of those potential new drugs. Although the manufacturer or FDA may not have had knowledge of these risks, they can still be held liable for injuries if the cause was due to an evasion or rush in the approval process.

Other causes that can lead to drug injuries may involve the drugs failure to perform as expected or negligence during the production process, which may taint one or more batches of the distributed drugs. Although the reason and cause of injury can vary from case to case, most drug injuries can be traced back to a shortfall on the part of the manufacturer, pharmacist or prescribing doctor. A New York City dangerous drug lawyer from Greenberg & Stein, P.C. can help you take legal action if you wrongfully suffered injury from a defective drug.