Drug Recalls: What to Know if You’ve Been Prescribed a Dangerous Drug

Searcy Denney Scarola Barnhart & Shipley
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If you are taking a drug that has been recalled, it is important to make sure you know what the recall means for you. Some drug recalls are far more serious than others, and it is important not to stop taking a drug if taking it is still the best choice for your health.

At the same time, if you should stop taking the drug, this is something you need to know as soon as possible. Likewise, if you are already experiencing symptoms or complications, seeking treatment promptly could be critical for your long-term wellbeing. In this scenario, you may have grounds to file a dangerous drug lawsuit as well—and, if so, you will also want to consult with a lawyer about your legal rights promptly.

Understanding the Different Classes of Drug Recalls

If one of your prescription medications is subject to a recall, one of the first things you should do is try to determine the “Class” of the recall. The U.S. Food and Drug Administration (FDA) has established three Classes of drug recalls based on the severity of the health risks involved:

Class I Drug Recalls

Class I recalls are the most serious type of drug recalls. If a drug company issues a Class I recall, this means that “there is a reasonable probability that the use of [the drug] will cause serious adverse health consequences or death.” If you are taking a prescription drug that is subject to a Class I recall, you should talk to your doctor right away.

Class II Drug Recalls

Class II drug recalls involve a risk of “temporary or medically reversible adverse health consequences,” or a “remote” possibility of serious adverse health consequences. Due to these risks, it is important to consult with your doctor promptly if you are taking a drug that is subject to a Class II recall as well.

Class III Drug Recalls

Drug companies can issue a Class III recall when use of the drug, “is not likely to cause adverse health consequences.” These recalls often involve minor labeling errors and other similar types of violations that do not impact patient safety. With that said, if you have concerns about your health, you should not hesitate to talk to your doctor about whether you should continue taking the drug in question.

As you can see, Class I, Class II, and Class III drug recalls all present very different levels of risk. It is also important to note that drug recalls don’t always result in the recalled drugs being pulled from pharmacy shelves. But, even if a recalled drug isn’t pulled from the shelves, it could still pose risks for complications that require medical care (and that warrant legal action).

Monitoring for Signs of Complications

Whenever you are taking a prescription drug, it is important to be aware of its potential complications and their symptoms. However, this is especially important when you’ve taken a prescription drug that is subject to a recall.

If the recall notice identifies specific potential complications and symptoms, you should monitor for these symptoms going forward. If your doctor informs you of any potential risks, you should monitor for these risks as well. You may also be able to find additional information about the recall on the FDA’s website.

Ultimately, you should err on the side of caution, and you should not hesitate to contact your doctor if you have any questions or concerns related to a drug recall.

When to Talk to a Dangerous Drug Lawyer About Your Legal Rights

If your doctor diagnoses you with complications linked to a recalled prescription medication, you should contact a dangerous drug lawyer as well.

When pharmaceutical companies sell dangerous drugs, they can—and should—be held accountable. Dangerous drug lawsuits are extremely common. At any point in time, there are thousands of dangerous drug lawsuits pending across the country.

Filing a dangerous drug lawsuit (if you have grounds to do so) is important for several reasons. One of these reasons is establishing accountability. If you hold the pharmaceutical company accountable, this could help protect other patients going forward.

But, you may also be entitled to significant financial compensation—and recovering this compensation could be critical for your long-term wellbeing. Not only can serious drug complications lead to expensive medical bills, but they can also lead to a variety of other financial and non-financial losses.

If you have grounds to file a dangerous drug lawsuit, these are all losses that your lawyer can help you seek to recover. In a typical case, filing a lawsuit related to a dangerous drug will afford the opportunity to seek just compensation for present and future:

  • Out-of-Pocket Costs – Including medical bills for diagnosis and treatment, other prescription medications, physical or psychological therapy, and in-home health services.
  • Lost Earnings – Including lost wages or salary, lost commissions or tips, lost benefits, and lost future earning capacity.
  • NonFinancial Losses – Including pain and suffering, loss of consortium and companionship, and loss of enjoyment of life.

To be clear, you do not need to know whether you have a dangerous drug claim to contact a lawyer. If you have been diagnosed with a complication from a recalled drug, your lawyer will be able to assess your situation and determine if you have grounds to take legal action. Your lawyer will also be able to provide a preliminary assessment of the value of your claim, and then you will be able to use this information to decide whether you want to take legal action.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Searcy Denney Scarola Barnhart & Shipley

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