2.6 million pharmaceutical drugs are prescribed or given to patients every year in the U.S. While we trust that these drugs are safe and effective, this is not always the case. There are 106,000 deaths from reactions to prescription drugs every year [1], several times more than the death toll of illegal drugs. Pharmaceutical companies are liable in Missouri for the damage caused by defective drugs sold in this state.
A Debt to the Public
Doctors, pharmaceutical manufacturers, and other health care professionals have very special legal and ethical requirements. Because of the immense impact of medical products and services, they are expected to always act in the best interest of the patient, showing a high level of consideration and vigilance toward the public. "First do no harm" has been a major goal of the medical field for thousands of years [2].
This is especially true of pharmaceutical companies. Their products undergo an extensive testing and approval process. First, they must be found to be safe and have no ill effects on human subjects; later they must be proven to have a therapeutic effect. Doses are carefully calculated and side effects tracked so that doctors and patients both are aware of how to safely use the drug in medical treatment [3].
When Dangerous Drugs Go to Market
Despite the vigilance of the U.S. FDA in testing and approving both over-the-counter and prescription drugs, drugs sometimes are placed on the market and prescribed only to be later discovered to be dangerous [4]. This may be due to problems in testing that did not identify dangers and side effects. In other instances, the ill effects may take long term exposure to appear. Last, sometimes there are defects in the manufacturing process that cause an otherwise safe medication to be dangerous. There are many reasons for an assumed safe drug to be later found harmful, but the pharmaceutical company is almost always culpable for the mistake.
What Happens When a Defective Drug is Discovered?
There are a few ways that a drug may be discovered to be harmful [4]. Consumers or their physicians who were adversely affected may contact the FDA or Missouri regulatory agencies. The CDC may contact the FDA instead, especially if a large number of people were affected. The FDA may have discovered problems during a manufacturing plant inspection or during routine testing of drugs. Physicians, pharmacists, and hospitals are then notified of the problem. If the issue is serious, the drug may be taken off the market. However, the damage has already been done for many patients.
Effects of Defective Drugs
A defective drug can have a variety of negative effects on people who take it. In some cases, the drug acts as a poison and people die from using it, which is known as wrongful death. In other cases, the patient becomes sick and must be hospitalized and receive expensive treatment while missing work for an extended time. These cases may have lasting effects on health, causing organ damage or other long term medical issues. Sometimes a drug puts people at a higher lifetime risk of developed a disease, so the effects may not be known for years. If the drug does not treat an illness as manufacturers claim, the person may have their illness worsen to the point where it is more difficult or even impossible to treat.
The economic costs of a defective drug are also high. Patients who take these drugs often must receive expensive medical care to treat the effects. They may need an extended recovery period and professional care during this time. They are often rendered unable to work throughout this process. In addition, it is difficult to calculate some of the other costs: pain, suffering, and heightened risk for future medical problems. If the pharmaceutical company caused these issues by their actions or failure to act, punitive damages may also be necessary.
Courts have different ways of calculating how much a pharmaceutical company owes the victims of a defective drug. However, in Missouri and every other state, the pharmaceutical company does owe monetary damages, often in large sums and to many people.
What Kind of Damages Can Be Compensated?
There are several types of damages that a person who has taken a defective drug may be able to receive from a pharmaceutical company. People can get their medical bills and all health care expenses related to the drug repaid, as well as lost income and expenses related to recovery. If they save documentation, they can also be reimbursed for small expenses such as parking and transportation expenses, which can add up quickly in an extended illness. They may also be compensated for pain, suffering, emotional distress, and other 'intangible' damages. If a person has died from a defective drug, their families may sue for wrongful death. Getting legal help from an attorney who is experienced in pharmaceutical liability is essential to successfully getting compensation for damages related to a defective drug.
It is important to seek compensation and justice when one is harmed by a defective drug. In addition, it is important for the patient, their family, or their doctor to notify state and federal agencies that regulate drugs to report the adverse effects. Although we would like to think that pharmaceutical companies always act in the best interests of the public, this simply is not the case. Drug companies are vigilant about testing in part because they do not want to undergo lawsuits and pay huge claims to the injured. Pharmaceutical liability keeps companies that are selling drugs in Missouri honest and makes patient safety a top priority.
