Injured by a Prescription Drug? What You Need to Know About Pharmaceutical Lawsuits and Failure to Warn Claims

Morris James LLP
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When we take prescription medications, we trust that they will help us feel better, not leave us with devastating side effects we were never warned about. Unfortunately, that trust is sometimes misplaced, not because doctors failed their patients, but because pharmaceutical manufacturers were not open about the risks of their products. At our firm, we represent patients who have suffered serious harm due to dangerous drugs, including Depo-Provera and Dupixent.

These cases fall under pharmaceutical product liability, with many based on a claim of failure to warn. If you or a loved one has been harmed by a medication you were prescribed, it’s important to understand your rights and know that you are not alone.

What Is Pharmaceutical Product Liability?

Pharmaceutical product liability is a type of personal injury law that holds drug manufacturers accountable when their medications cause harm. These companies have a legal obligation to ensure their products are safe and that any risks are fully and clearly disclosed. When a drug causes serious side effects and the manufacturer fails to properly warn patients or healthcare providers, they can—and should—be held responsible.

There are three main types of pharmaceutical product liability claims:

  • Design Defects – when the drug is dangerous by nature, even when used as intended
  • Manufacturing Defects – when errors occur in how the drug is made or packaged
  • Failure to Warn – when a company fails to adequately inform doctors and patients of known risks

In pharmaceutical product litigation, these claims are often overlapping and most mass tort cases will include a claim of failure to warn.

What Does “Failure to Warn” Really Mean?

In simple terms, failure to warn happens when a drug manufacturer knew—or should have known—about a serious risk associated with a drug but did not share that information in the medication's labeling, instructions, or warnings. This means patients like you never had the chance to make an informed choice. And it means your doctor was not given the full picture either.

Doctors rely heavily on drug labeling, clinical data, and manufacturer disclosures when prescribing medications. If the manufacturer withholds information or downplays risks, physicians are misled too. In these pharmaceutical cases, we are not suing doctors. They are not the defendants. In fact, many of them are just as shocked and frustrated by the drug’s hidden dangers as the patients who trusted them.

Current Pharmaceutical Mass Tort Cases

Our firm is currently reviewing and pursuing cases involving the following pharmaceutical products:

Depo-Provera (Medroxyprogesterone Acetate)

Depo-Provera is a long-acting birth control injection marketed for convenience and effectiveness. However, some women have suffered a diagnosis of meningioma (a typically benign tumor that forms on the membranes surrounding the brain and spinal cord) after long-term use. Alarming findings suggest that the manufacturer may have failed to sufficiently warn about the long-term risks, and they are now being held accountable in the U.S. courts. Most recently, the US. Food and Drug Administration (FDA) approved a significant update to the prescribing label for Depo-Provera that warns about a potential association with meningiomas. 

Dupixent (Dupilumab)

Dupixent is prescribed for conditions like eczema, asthma, and chronic sinusitis but it has also been associated with a 300% greater risk of developing cutaneous T-cell lymphoma (CTCL), a type of non-Hodgkin lymphoma. The question at the center of this litigation is whether the manufacturer adequately warned prescribers and patients about these emerging risks or prioritized profits over transparency.

Why These Cases Matter—for Patients and Providers

Every person harmed by a drug they trusted deserves to know what happened and why. These cases are not only about financial compensation (though that is important for covering medical bills, lost income, and pain and suffering). They are also about accountability. Pharmaceutical companies must not be allowed to operate in secrecy, hiding side effects or manipulating data to bolster profits.

By holding drug companies accountable, we’re also helping to ensure that future patients and providers have better information and prevent more tragedies in the future.

How Do These Lawsuits Work?

Most pharmaceutical product liability cases are handled as mass torts. That means your case is treated individually, but grouped with similar ones in the courts for efficiency. You are not just a number. Our attorneys will evaluate the unique circumstances of your injuries, your medical history, and how the drug impacted your life to make the strongest case for you.

We handle pharmaceutical product liability cases on a contingency fee basis, which means you pay nothing unless we recover compensation for you. We also offer a free initial consultation to help you understand your options with no pressure and no cost.

What Compensation Can You Recover?

If you were harmed by a dangerous drug such as Dupixent or Depo-Provera, you may be entitled to compensation for:

  • Medical expenses, including future treatment needs
  • Lost wages or reduced earning capacity
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Wrongful death damages (for surviving family members in fatal cases)

What You Should Do Next

If you believe a medication has harmed you or a loved one, do not stop taking it without talking to your doctor first. Your health comes first. 

But also know this: you have rights, and you may have a claim against the drug’s manufacturer.

Bring any information you have—prescription history, medical records, symptoms—to your initial consultation with our lawyers. The sooner we can begin gathering evidence, the stronger your case will be.

Every person harmed by a drug they trusted deserves to know what happened and why. These cases are not only about financial compensation (though that is important for covering medical bills, lost income, and pain and suffering). They are also about accountability.

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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.

© Morris James LLP

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