When someone is sick, they put their trust in pharmaceutical companies to provide safe and effective medications for their treatment. However, it is not unheard of for dangerous and defective drugs to reach unsuspecting consumers.
A Massachusetts pharmacy has recalled six fertility medications used for in vitro fertilization. Village Fertility Pharmacy of Waltham Massachusetts issued the recall after discovering a foreign substance floating in a vial. Patients affected by the recall include nearly 2100 women who took Progesterone Injection Cottonseed Oil 50 MG/ML, Progesterone Injection Olive Oil 50 MG/ML, 100 MG/ML, Progesterone Injection Sesame Oil 50 MG/ML, 100 MG/ML, Progesterone Injection Ethyl Oleate 50 MG/ML, 100 MG/ML, Hydroxy Progesterone Caproate 250 MG/ML or Compounded Leuprolide Acetate 1MG/.2ML. It should be noted, however that each patient would have had the medication specially formulated for their needs.
When a company produces a product that turns out to be defective or dangerous, they could find themselves the subject of a product liability lawsuit. Generally, products must adhere to a consumer’s ordinary expectations, free from unanticipated dangers or defects. Potential defendants include any party in the chain of distribution, including manufacturers, wholesalers and retail sellers.
To prevail in a product liability suit, it must be shown that the injury was caused by the defective product and that due to the defect, the product was unreasonably dangerous. There are three possible types of defects: design defects, manufacturing defects and marketing defects. A design defect is some sort of problem originating with the initial design of the product. Manufacturing defects occur when the manufactured product does not meet the designer’s or manufacturer’s intended specifications. Finally, marketing defects could include improper warning labels or unclear instructions. Any of these defects could give rise to a lawsuit.
Dangerous and defective drugs can cause serious harm to patients who consume them. If a patient suffers such an injury, a products liability lawsuit may provide them with the financial compensation they need to assist with their recovery.
Source: WXYZ.com, “Massachusetts pharmacy recalls fertility medications that were shipped to Michigan,” Feb. 25, 2013