The medical industry and government agencies have developed a system to identify problems with products on the market to recall those products in the interest of public safety. Sometimes the information that leads to the decision to declare a recall does not come from injuries caused by a defective product; sometimes it does. For people injured by such faulty products, an experienced Alabama drug/medical device recall attorney can help evaluate and determine the proper way to seek damages.
Injuries caused by defective drugs and medical devices fall under the legal principle of product liability even though the government holds them to a higher standard than other standard products. Since pharmaceutical products and medical devices have such a specialized purpose, are used to treat illnesses and often save lives, defects in this industry can have significantly worse consequences for the public than those of other products and industries. A recall of a new toaster, for example, probably will not have as immediate an impact on the public as a recall of a drug used to treat cancer.
All matters relating to drug and medical device safety, as well as recommendations about recalls, are handled by the Food and Drug Administration, an agency of the federal government. The FDA receives complaints about products, investigates those claims and deals with product recalls. The businesses producing and distributing the products may conduct a recall on their own or at the request of the FDA. The FDA also has authority under the law to order product recalls if necessary.
The legal theory of product liability includes several different kinds of defects that may make a company liable for any damage the product causes. In general, a company that manufactures or otherwise makes available to the public a defective product is liable for reasonably foreseeable damages caused by that defect. This may include a design defect; a problem with the underlying design of the product that renders it unfit for use; or a manufacturing defect, a problem in the production of an otherwise sound design that affects the product’s safety. Marketing defects involve putting a product on the market with incorrect or inaccurate information about its use.
If you have suffered injury or complications from a defective medical device, please contact The Law Offices of Phillip Garrison Wedgworth today.
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