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Syringe Take-Back Ordinance

Why Los Angeles County Should Pass a Pharmaceutical and Syringe Take-Back Ordinance—Roxana Tynan and Ron Herrera

The strides in the healthcare sector have reached new heights in the last century, curing diseases that were previously incurable and saving precious lives. Nonetheless, this sector is not free from negligence and willful misconduct, and from time to time stories of injuries caused by medicines/ healthcare devices emerge in the news.

Many prescription drugs are notorious for side effects, similarly, some of them could be defective due to a fault in the manufacturing process and some can be harmful due to misrepresentation in its marketing.

For any damage to the consumer caused by a pharmaceutical product, a defective product claim can be launched. These legal claims have some special features and a pharmaceutical litigation lawyer can help you file one.

Type of pharmaceutical liability claims you can make?

There are three types of liability claims you can launch against the defendant:

  • Manufacturing defects claim
  • Life-threatening side effects claim
  • Misrepresentation in the marketing of product

For any damage to the consumer caused by a pharmaceutical product, a defective product claim can be launched.

The manufacturing defects are caused by an error in the manufacturing process or negligence at the factory it was made. It can also occur due to improper handling of the medicine during transportation or at the pharmacy. In fact, the defect can occur at any point between the production and the time the patient receives the drug. 

Life-threatening side effects can come under the claim of willful misconduct because some big pharma companies downplay the harmful side effects of their medicines. They do not research and trial the drug before it enters the market. They can face allegations of deliberate concealment of health risks. Most of these side-effects are discovered after very long durations of time. 

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Claims of misrepresentation in the marketing of the drugs deal with the prescribed method of consumption, directions, and other recommendations. It also concerns the warnings about any dangers of the product. The defending party can face allegations of failure to inform of inherent dangers of product’s use and failure to specify the correct dosage and usage.

Who Can Be Held Liable?

The liability of each of these types of claims can be on anyone involved in the product’s change of hands. 

  • The first to blame for such negligence could be the manufacturer. They are known to rush the research and development process to launch their product in the market. And the side-effects of their product are only discovered when countless people get harmed and injured. Fighting these companies can be difficult because they have dedicated legal teams at their disposal.
  • The testing laboratory can also be held liable for faulty testing, and these independent labs are a common defendant in such cases. 
  • Another party that can be held liable is pharmaceutical salesmen because they are the ones that suggest and market these harmful drugs.
  • A physician can also be held liable for prescribing a dangerous drug or failing to warn about its side effects.
  • The hospital can also be a defending party since it is in the chain of distribution of such drugs.
  • The Pharmacy at which the product was sold since the pharmacist’s advice can be a proof of liability.

Contact a Law Firm If You Are a Victim

With countless medicines and drugs available in the healthcare sector chances of such mishaps have increased. If you are someone who was injured due to the use of a defective drug then you should contact a law firm.

Nathalie Nicole Smith states that working hard and staying true to yourself are sure ways to win in life.

We at Ochs law firm make sure that you are able to launch a strong and legally sound claim against the liable party. Counsel and guide you regarding all challenges that will come your way in the process. You can contact our dangerous drug lawyer Idaho or Wyoming.