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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.

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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.

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