Have You Been Injured? We're Ready to Fight for You.

How Do Drug Recalls Work?

Published on Feb 27, 2018 at 12:38 pm in Product Liability.

We expect our medicine to be safe and to help with the reasons why we’re taking it. Drugs are supposed to go through many steps before the Food and Drug Administration (FDA) approves it to be on the market. But sometimes drugs can have something wrong with them or there is an issue with its packaging. These instances often turn into product liability cases. If the drug’s instructions have an error or depicts using the drug in an improper fashion, people could get hurt. Sometimes, all possible side effects aren’t printed on the box so people don’t know the risks.

Unfortunately, people can get hurt from this. Once there’s evidence that there’s an issue with a drug, it can be recalled and taken off the market, but people were still injured. If you’ve taken a drug that was later recalled, you may be eligible for compensation. A Kentucky dangerous drug lawyer from Thomas Law Offices can help you recover damages for your pain and suffering.

What Are the Steps in a Drug Recall?

Before a drug enters the market, it has to undergo a variety of tests. There’s screening, results of early tests, trials, a series of FDA inspections, reviews, and more to ensure the safety of the drug. But this doesn’t always prevent errors from occurring.

Once there’s evidence that the drug is dangerous, a recall can go into effect. There are a few types of recalls.

  • Voluntary Recall. Don’t let the word voluntary fool you—a recall isn’t optional. A voluntary recall means the manufacturer can oversee the product category’s safety.
  • FDA Recall. The FDA can act when a manufacturer needs to recall a dangerous product. One of the ways is a requested recall, where the FDA notifies the manufacturer of their product’s dangers and will ask them to take it off the market. The second and rarer method is a mandatory recall, where they can force the item to be taken off the market.

What If the FDA Recalls Your Medication?

It can come as a shock if you find out that the FDA has recalled your medication. In these situations, you may not know what to do. Your first reaction will probably be to throw out your medication, but it’s important that you don’t do this. There are many reasons why a recall has happened and a recall doesn’t automatically mean that there is something dangerous about the medication.

  • Remain Calm. Panicking won’t help you get through the next steps and could lead you to stop taking the medication. This isn’t recommended at this stage and could be dangerous for people who depend on that drug every day.
  • Research the Recall. The FDA will provide the public information about the recall so you can look up why they’re taken it off the market. You may find that there’s a packaging or labeling error, but there isn’t an issue with the drug itself.
  • Get in Touch with Your Healthcare Provider. Speak with your healthcare provider and your doctor to see if it’s safe to continue using the drug or if you should stop.

It’s important to act quickly if you have a question about the safety of your medication. The faster you look up more information and speak to your doctor, the sooner you’ll have an answer and peace of mind.

Free Case Evaluation

At Thomas Law Offices, our personal injury attorneys recognize that our potential clients are likely going through some of the most difficult times of their lives. We don't want you to have to worry about paying out of pocket for legal advice when you're just starting to learn your legal rights and options. That's why we provide free case evaluations. We'll offer our expert advice about your potential case and walk you through how we can help you.

Call us or fill out the form below to tell us about your potential case and a personal injury lawyer will get back to you as quickly as possible.

Meet Our Founder

Tad Thomas - Trial Lawyer

Tad Thomas

Managing Partner

Tad Thomas has dedicated his practice to representing plaintiffs in various types of civil litigation, including personal injury, business litigation, class actions, and multi-district litigation.

After graduating with his law degree in 2000 from Salmon P. Chase College of Law at Northern Kentucky University, Mr. Thomas immediately opened his own private practice and began representing injury victims.

In 2011, Thomas Law Offices was established in Louisville, Kentucky. Over the past decade, Mr. Thomas has expanded his firm and now has offices in three additional locations: Cincinnati, Ohio, Columbia, Missouri, and Chicago, Illinois. He is also a frequent lecturer on topics like trial skills and ethics and technology.

Legal & Firm News

Two Nurses Arrested in Ohio for Nursing Home Resident Neglect

In April 2022, Sunrise Manor nursing home’s director of nursing and assistant nursing director were arrested for allegations of patient neglect. Christina Drake and Jennie Elliott are being investigated following a criminal complaint filed in regard to an incident that occurred in April 2020. The two nursing staff members are facing multiple first-degree misdemeanor charges, […]

Read More

What Injuries Do Unattended Children Most Commonly Suffer?

It is a tragedy when a child is killed or injured in an accident that could have been prevented. Most of the time, it only takes one attentive adult to stop these tragic incidents from happening. The personal injury lawyers at Thomas Law Offices look at what injuries unattended children most commonly suffer and⁠—more importantly—how […]

Read More

What Injuries Can Result From Slamming on the Brakes?

No matter how safely you may drive, you will undoubtedly encounter situations in which you will have to take significant evasive maneuvers to avoid a car accident. While avoiding a motor vehicle crash is virtually always preferable to a collision, there are times when the evasive action can also cause harm.

Read More
Tad Thomas on The National Crime Victim Bar Association
Tad Thomas on AVVO
Tad Thomas on Lawyer Minds
Tad Thomas on American Association for Justice
Southern Trial Lawyers Association
Illinois Trial Lawyers Association
Ohio Association for Justice
Kentucky Justice Association
Tad Thomas on Attorney at Law Magazine
Tad Thomas on Attorney at Law Magazine
2021 Public Justice Member
AAJ Masters of Trial Law: Champion