Children’s Tylenol maker has agreed to plead guilty of knowingly selling painkillers for infant and children that contained metal particles. This is according to a report by RT America. The drug in question contained chromium, iron, and nickel and may also have contained more than the specified amount of the active drug ingredient. The manufacturing company has started a voluntary recall in 2010.
When things like this happen, it presents a great risk of causing personal injury to consumers. The pharmaceutical company of Children’s Tylenol and the prosecutors in the case claim that no one was injured because of the drugs. The maker, however, will still deal with penalties for such endangerment. If you or a loved one experienced any adverse effects especially debilitating or life-threatening ones that may be linked to a prescription drug, it is a good idea to investigate. If a defective drug really caused your suffering or losses, then you can file a case for personal injury.
When is a drug considered defective?
This is indicated in the Defective Drugs Law which falls under the Product Liability Law. The Pharmaceutical Law is closely related and the Medical Malpractice Law often overlaps with it from time to time. There are three categories for defective drug claims:
• First is manufacturing defects. This involves improper manufacturing of the drug or getting contaminants in the manufacturing process.
• Next is design defects. This is when there was nothing wrong with the manufacturing process, but the drug had harmful or injuring side effects due to a defective design.
• Last is failure to warn or defective marketing. This is when the drug didn’t come with adequate warnings, instructions, or recommendations for its use.
You can easily determine the category in most cases, but it would be wise to consult Long Island personal injury attorneys to be sure.
Who will you be filing against?
The defendant in your case will differ depending on the time you indicate when the drug became defective. For example, if the defect is on the manufacture or design, the defendants may be the manufacturer or testing laboratory. If the defect is in the marketing, the defendants may be any of the following: the manufacturer, the doctor who gave you prescription for the drug, pharmaceutical representative, the pharmacy that filled the prescription, or the clinic or hospital that provided the drug.
What do you get?
When you successfully prove the responsibility of at least one defendant, you may be entitled to compensation depending on the extent of the injury. Of course, to get the best chance of winning your case, you should hire a personal injury lawyer in Long Island, NY from firms like The Law Offices of Joseph Lichtenstein.
(Source: Children’s Tylenol maker to plead guilty for knowingly selling tainted drugs, RT America, Mar. 10, 2015)