In June 2022, Nephron Pharmaceuticals, a generic drug-maker, recalled 2.1 million medicine doses. This recall was a voluntary action from the company and the FDA website sites, “lack of assurance of sterility” as the reason for this recall. Furthermore, Nephron CEO Lou Kennedy provided a statement regarding the recall, saying “has been no impact to patient safety, and there is no evidence of contamination.”
However, the company still decided to recall these 2.1 million medicine doses to promote patient safety. The company is currently working with the FDA to provide healthcare patients and providers with more information. Some recalled products include fentanyl citrate bags, epinephrine injections, and sodium bicarbonate injections.
This isn’t the first time the company has issued a recall. When the company was still operating in Orlando, Florida, in 2015, the company recalled 80,000+ over-the-counter asthma treatment cartons due to discoloration problems. Additionally, the company has attracted negative attention from the FDA due to marketing issues regarding its OTC asthma product.
Luckily, the company recalling these medicine doses and potentially defective medical equipment prevents patients from being harmed. In an ideal world, a pharmaceutical company would always recall medicine or products at the first chance of harm, no matter how small.
However, this isn’t always the case; sometimes, defective medical equipment or medicine slips through the cracks. In the United States, when a defective product or equipment harms someone, they can seek compensation for their injuries. Unfortunately, in the case of medicine or medical equipment, disastrous results can happen.
Alongside purchasing over-the-counter medication, filling or prescription, or buying defective medical equipment, product liability may also happen while receiving care. For example, a hospital might use faulty medical equipment on their patients. In this scenario, product liability, as well as medical malpractice, might be an issue.
What’s Needed to Bring a Case Against a Manufacturer?
Suing the manufacturer for a product that caused you injury typically requires three elements:
- Liability — You and your lawyer need to show that the manufacturer was negligent in designing and releasing their product. Furthermore, there needs to be reasonable evidence that the company knew about the product’s defect and willingly released it. For example, in the case of Nephron Pharmaceuticals, they decided to recall their medicine and equipment.
- Causation — You’ll need to be able to link your injury or condition to the defective product in question. Not being able to prove causation often means the other party won’t be held liable.
- Evidence of damages — Lastly, you need clear proof of your damages to seek compensation for expenses like medical costs, missed time from work, hospital bills, bills for future expenses like physical therapy, etc.
It’s possible to receive compensation from the company or their insurance company on your own. However, this can often be a complex process, and the other party will usually offer a settlement that doesn’t cover your immediate and future expenses. Working with a product liability lawyer in Orlando, FL, can make the process easier and help you receive a better settlement. So give David & Philpot, P.L. a call today to start the process!