This Weeks' Topic
Prescription Drug Liability

As various lawsuits related to the drug Vioxx make their way through the judicial system, one question remains – is our system for testing and approving drugs flawed? There are plenty of examples of problematic prescription drugs to look at for answers. .

 

What happens when a drug that’s on the market starts showing problems?

The first step is for the FDA to send letters to doctors making them aware of the problem. Doctors can then educate the patients who are using the drug.

The drug company can also change the warning labels on the drug packaging, or produce special brochures that explain the potential side effects to patients. They can do this voluntarily, or they may be required to do it by the FDA.

If the occurrence of adverse side effects remains unacceptably high, the drug may be placed under strict controls, requiring special waivers to acquire a prescription. The acne medication Accutane is one example of strict controls.

How is Accutane controlled?

Accutane causes birth defects.

It was released in 1982. The drug’s maker tried everything – red warnings, illustrations of deformed babies, patient waiver forms, paying for family planning counseling – still, some women get pregnant while on Accutane, with resulting birth defects.

In 2005, the FDA created a special website where doctors and patients must register to be eligible for Accutane prescriptions.

Female patients must prove they are not pregnant and receive a special sticker on their prescription.

All prescriptions of Accutane are limited to a 30 day supply.

Vioxx has been in the news lately. When is a drug maker liable for adverse reactions?

Liability occurs when the drug maker knew of the potential dangers but didn’t adequately warn doctors or patients.

In the Vioxx cases, there is evidence that some of the potential for increased heart attack risk was covered up by scientists working on the trials.

Lawsuits involving  Accutane, are not always based on birth defects, since that is a known risk, but rather is based on the allegation that the drug causes depression and suicidal feelings, and those risks are not disclosed.

Vioxx was pulled off the shelf, but Accutane  is still available in some circumstances. What factors determine if a drug is pulled, or simply controlled?

There are a number of conditions under which a drug is pulled from the market. The drug is taken off the market if:

  • The side effects are too numerous or too severe to be considered as an acceptable risk, even under strict controls.
  • If there are other drugs that provide  the same benefit without the risk.
  • If warning labels and patient waivers fail to reduce the harm or injury to patients.

 

There’s a risk involved when taking any drug, but  patients can’t protect themselves against unknown risks, that is why our system allows lawsuits against the companies that profit off from selling unsafe prescription drugs.


Disclaimer
This information is general and may or may not apply to your situation. The information contained on this web site is not to be considered as legal advice. Since no two cases are identical, we recommend that you contact an attorney in your jurisdiction to discuss the specific facts of your case. Furthermore, since statutes and case law change so frequently and due to information provided by other sources, we make no warranty or guarantee concerning the accuracy of the content of this or any other web sites to which we link.


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