Pharmaceutical and Medical Devices
- What does it mean to be "FDA Approved"?
- If the FDA approves a drug or device for sale, doesn't that mean it must be safe?
- I recently heard that that the Supreme Court of the United States has been ruling on cases about medical products. Will this affect my rights?
- If I am injured by a drug or medical device, do I also have a claim against my doctor?
- What are some examples of drugs and medical products that have caused harm to patients?
Every day thousands of people across America are prescribed drugs and medical devices that have been approved for sale by the Food & Drug Administration (FDA). Most people believe that because these medical products are "FDA Approved" they must be safe. Unfortunately, this is not always the case. All too often, people suffer injury, illness or even death as a result of medical products that were defectively designed, manufactured or labeled before coming on to the market.
Galfand Berger has successfully represented clients who have suffered from the disastrous effects of dangerous drugs or failed medical products resulting in grave injuries to the unsuspecting patient. When representing patients and their families in medical product cases, we work with the scientists and doctors who are at the cutting edge of the technology and medicine that goes into the design of these products, to ensure that our clients obtain the best recovery possible for the harm they have suffered.
If you or someone you know has been injured or suffered illness as a result of the use of a prescription drug or a medical device, please contact a Galfand Berger attorney for a free consultation.
What does it mean to be "FDA Approved"?
The Food and Drug Administration is a Federal Agency that is responsible for regulating the safety of a variety of products including food, dietary supplements, drugs, and medical products. The FDA regulates almost every facet of prescription drugs and medical devices including testing, manufacturing, labeling, marketing, and safety. The FDA must approve any drug or medical device before it can be sold to doctors and medical providers for use with patients.
If the FDA approves a drug or device for sale, doesn't that mean it must be safe?
Not necessarily. While the FDA does have certain safety requirements that the manufacturers of drugs and medical devices must meet, a significant percentage of medical related injuries are the result of complications or side effects of drugs and medical devices that could have been anticipated at the time the product was approved for sale by the FDA. In certain cases, an attorney may be able to help you recover damages from the manufacturer of these products.
I recently heard that that the Supreme Court of the United States has been ruling on cases about medical products. Will this affect my rights?
Manufacturers have constantly been fighting to limit your right to recover for injuries caused by their sometimes–dangerous products, and in recent years there have been several major decisions by the Supreme Court that have both expanded and limited a patient's right to recover for injuries caused by a drug or medical device.
At Galfand Berger, we have tirelessly fought for the rights of our clients to bring claims against manufacturers of dangerous medical product, and are constantly monitoring changes in the law in this area. If you have a question about the current law regarding medical products and how it applies to you, please contact a Galfand Berger lawyer today.
If I am injured by a drug or medical device, do I also have a claim against my doctor?
You may have a medical malpractice claim against your doctor if he or she prescribed you a drug or medical device that was not appropriate given the circumstances of your illness, or if the doctor failed to monitor your progress after the product was prescribed.
When you call a Galfand Berger attorney about injuries you sustained as a result of a medical product, we will evaluate every possible claim that you may have, including whether your doctor may have been responsible for the harm that you suffered.
