What Makes a Drug Defective?

By Peter DePaolis

Our blog post on Wednesday illustrated how common prescription drug use is in the United States. American’s dependence on prescription drugs has become a large profit base for drug manufacturers. When drug makers put profit above patient safety, defective drugs make their way onto the market.

A prescription can drug can become “defective” in a number of ways, including:

  • Improper labeling
  • Dangerous ingredients
  • Exaggerated claims by the manufacturer
  • Manufacturer fails to disclose risks and known side effects of the drug
  • Manufacturer marketed the drug for use outside the scope of FDA approval
  • Doctors prescribing the drug for off-label uses

The oral contraceptive Yaz or Yasmin has been in the news a lot over the past year. It is an example of the drug maker, Bayer, marketing it as an acne medication and doctors prescribing it as an acne medication to women who were not sexually active. In addition, Bayer failed to disclose the drug’s link to strokes and blood clots in women who took the contraceptive.

Unfortunately, it usually takes a number of injuries and reports to the Food and Drug Administration (FDA) before consumers know of a potentially defective drug.

Has a doctor prescribed you a drug for off-label use? Call our team today to explore your options.

Koonz, McKenney, Johnson & DePaolis L.L.P.

Maryland, Washington, D.C., and Virginia Injury Attorneys

About the Author
Peter DePaolis joined the firm in 1980 and has since represented a large number of individuals involved in automobile collisions, truck accidents, bus crashes, defective products, and medical malpractice cases. A significant portion of Mr. DePaolis’ practice is devoted to working on behalf of people suffering from asbestosis, mesothelioma, and other asbestos-related cancers. He has led his firm’s fight against the asbestos industry and has recovered over $30 million in damages for asbestos victims and their families.