Manufacturers are Liable for any Injury Caused by Their Drug

State and federal agencies help one another in ensuring the safety and well-being of all American citizens, especially in the area of healthcare. These agencies include:

The U.S. Food and Drug Administration, which sees to the safety and effectiveness of drugs before approving these for patient use;

The Division of Medication Error Prevention and Analysis (DMEPA), the branch of the Center for Drug Evaluation and Research (CDER) that is tasked to appraise reports on errors involving generic, over-the-counter, prescription and other types of drugs; and,

The Institute for Safe Medication Practices (ISMP) and the United States Pharmacopeia (USP), both of which work to minimize the risk of medication errors or ensure safety against medication errors.

Despite the standard pharmaceutical companies should comply with and the presence of these organizations, many kinds of drugs continue to cause adverse effects, harming patients rather than providing them the treatment they seek.

One of the possible reasons why some drugs turn out to be harmful is lack of proper tests on these. Before gaining approval from the U.S. Food and Drug Administration, pharmaceutical companies should test their drugs to fully determine their effectivity and safety. However, since these companies sponsor the tests on their own drugs, some are able to conceal from the FDA unfavorable results and submit only results that show their drug’s safety and effectivity.

Hundreds of drugs have already been issued a black box warning by the FDA (this type of warning is the most serious warning the FDA issues). Many others have been recalled by the FDA or have voluntarily been recalled by their manufacturers – but not after these have already been linked to serious harm or patient death. Due to adverse effects, thousands of medical malpractice lawsuits against drug manufacturers have and continue to be filed in courts every year. In fact, many of these lawsuits have caused manufacturers millions of dollars in settlement claims.

In one website with address,, there is an article that says, “Although pharmaceutical companies and drug manufacturers must undergo years of research and testing before their products reach consumers, unsafe drugs still find their way onto the market at alarming rates. Prescription and over-the-counter drugs frequently become available for consumption before their risks are properly understood, resulting in an increased health hazard that threatens public safety. Despite the Food and Drug Administration’s (FDA) mandatory regulations of drugs before they even hit the market, the availability of dangerous drugs remains prevalent.

Even worse, sometimes even if there is reliable proof that these dangerous drugs lead to serious medical complications, drug manufacturers will still market the drug and stifle warnings of its adverse effects to consumers. Dangerous drug lawyers believe deceiving consumers to make a profit is unconscionable, thus, they fight in behalf of those harmed to hold misleading drug manufacturers accountable for their personal injury.

A manufacturer is held liable for any injury caused by their drug, even if they were unaware of the drug’s danger. Some pharmaceutical products cause enough widespread injury that mass tort litigation is brought against responsible manufacturers.”