Articles Tagged with Pharmaceutical Injuries

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pexels-gustavo-fring-3985170-300x200Vaccines are one of the most effective ways to prevent the spread of infectious diseases throughout the world. The overwhelming majority of people who receive vaccines do not experience serious problems, and the benefits greatly outweigh the threat of risk. However, similar to the risks associated with natural supplements and other pharmaceuticals, some vaccine recipients may suffer adverse reactions. Depending on the nature and circumstance of the injury, victims may file a Texas medical malpractice or pharmaceutical error lawsuit. Further, the National Vaccine Injury Compensation Program (VICP) provides compensation to individuals who have suffered injuries from certain vaccines.

Nearly 40 years ago, in response to growing lawsuits against medical providers and pharmaceutical companies, the federal government created the VICP. The creation followed a slew of lawsuits stemming from some parents’ beliefs that certain vaccines resulted in injuries to their children. Many companies halted the production of vaccines because of the onslaught of lawsuits. The vaccine shortage posed a serious threat to the nation’s health. As such, the VICP fund works to compensate those who suffer injuries because of a reaction to a childhood vaccine.

The VICP only covers certain vaccines such as those that prevent diphtheria, tetanus, pertussis, Hepatitis A, Hepatitis B, human papillomavirus, influenza, measles, mumps, rubella, polio, rotavirus, and varicella. If a Texas injury victim or their loved ones believe that they suffered a vaccine error, they should contact an attorney to file a petition through the VICP. Currently, the program does not cover the COVID-19 vaccine; however, some sources have reported that Johnson & Johnson’s COVID-19 vaccinations may result in a rare clotting condition. Federal officials have halted the use of the pharmaceutical company’s vaccine to determine, what if any, the vaccine plays in the clotting condition. In many cases, a person’s reaction to a medication or vaccine is not because of a defect in the vaccine or medication but rather an allergic reaction that a medical provider missed.

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red-and-white-medication-pills-3683041-scaledApril 11, 2020 Earlier this month, the U.S. Food and Drug Administration (FDA) announced that manufacturers should withdraw all prescription and over-the-counter (OTC) drugs containing ranitidine. According to a recent news report, the announcement comes after a lengthy investigation of a contaminate commonly found in ranitidine medications, such as Zantac. Individuals who have suffered serious injuries, illnesses, or death after using this product may have a claim under Texas product liability laws.

The impurity is considered a likely human carcinogen, and although small amounts are commonly ingested through diet, higher levels of exposure could increase an individual’s cancer risk. At the outset of the FDA’s investigations, the agency did not have enough information to determine whether the product was safe or if consumers should continue to use the products. However, new FDA testing revealed that the impurity in these products increases over time or at higher temperatures, and may result in unacceptable consumer exposure. The FDA stated that many of their samples did not contain unacceptable levels; however, the product requires further testing to ensure consumer safety. The ongoing COVID-19 pandemic requires that consumers and patients dispose of their medication by following the specific disposal instructions found on the medication’s packaging, instead of returning their medicines at a drop-off location.

Despite extensive federal regulations, many unsafe drugs make it onto the market, and the consequences can be devastating. There are three main types of Texas pharmaceutical and prescription drug product liability lawsuits. The lawsuits typically stem from design errors, manufacturing defects, or improper marketing. Design error lawsuits generally arise when a product is unreasonably dangerous, despite proper use. These lawsuits do not frequently occur because many of these drugs do not make it onto the market. Manufacturing defect claims arise when the drug’s design is appropriate, but some manufacturing or handling error happens that renders the product unsafe. Finally, improperly marketed drug lawsuits arise when a company has inadequate or improper warning labels, that fail to warn consumers of potential side effects. However, in some cases, Texas’s learned intermediary doctrine works to shift the burden of liability from the company to the patient’s prescribing doctor.

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