Philadelphia Dangerous Drug & Medical Device Attorneys

Representing Victims of Dangerous Drugs and Medical Devices

Drug makers and medical device manufacturers have a responsibility to ensure that the products they sell are safe and reliable. Yet every year, manufacturers release products and drugs to the public that are not only harmful, but also downright dangerous.

As a result, hundreds of thousands of people have been harmed or suffered wrongful death due to dangerous prescription drugs, over-the-counter supplements, and medical devices.

Yet at the same time these same manufacturers continue to rake in billions in profits. When drug and medical device manufacturers continue to put profits before people, they can - and should - be held responsible.

Golomb Legal has successfully represented clients from across the country that have been the victims of dangerous prescription pharmaceuticals, harmful medical devices and store-bought remedies sold with deceptive marketing.

On This Page

• Statute of Limitations
• What is a Dangerous or Defective Drug?
• What is a Defective Medical Device?
• Types of Cases We Handle
• Who is at Fault?
• Types of Defects
• Known Device Defects Ignored for Profit
• How Our Attorneys Can Help

What is the Statute of Limitations for a Dangerous Drug or Medical Device Lawsuit?

Time is of the essence in dangerous drug and medical device claims. Although a few states allow three years or more from the time of harm or discovery of harm to file a lawsuit, most states have a statute of limitations of only one to two years.

Many dangerous drug and medical device lawsuits stem from inadequate warnings or fraud in product sales and marketing materials.

What is a Dangerous or Defective Drug?

A dangerous or defective drug refers to a medication that poses significant risks to patients when used as intended or prescribed. These risks can include severe side effects, unexpected adverse reactions, or inadequate warnings about potential dangers associated with the drug's use. Defective drugs can result from various factors, including inadequate testing during the development process, manufacturing errors, or insufficient labeling.

Common types of dangerous or defective drugs include:

• Recalled Drugs: These are medications that have been officially withdrawn from the market by the manufacturer or regulatory agencies due to safety concerns or defects.

• Prescription Drugs with Severe Side Effects: Some prescription medications may cause serious adverse effects, including organ damage, cardiovascular complications, or neurological disorders. Examples include certain antidepressants, antipsychotics, and chemotherapy drugs.

• Over-the-Counter (OTC) Medications: Even non-prescription drugs available without a prescription can pose risks. For instance, certain pain relievers like NSAIDs (nonsteroidal anti-inflammatory drugs) have been associated with gastrointestinal bleeding and kidney damage when used excessively.

• Contaminated Drugs: Drugs contaminated during the manufacturing process can lead to serious health issues. Contaminants might include bacteria, fungi, or foreign substances inadvertently introduced during production.

• Off-Label Use Drugs: Some medications are prescribed for uses not approved by regulatory agencies. While off-label prescribing is legal and common, it can lead to unforeseen complications or adverse reactions due to insufficient testing for those specific uses.

• Misbranded Drugs: These are medications that have incorrect, misleading, or inadequate labeling or packaging, leading to potential misuse or misunderstanding of the product's intended purpose or risks.

• Defective Drug Delivery Systems: Certain drugs may be administered through specialized delivery systems, such as patches or inhalers. Defects in these systems can result in improper dosing or failure to deliver the medication effectively.

What is a Defective Medical Device?

A defective medical device refers to any medical device that is flawed in design, manufacture, labeling, or otherwise fails to perform as intended, posing risks to patients, healthcare providers, or consumers. Defects can lead to serious injuries, health complications, or even death. These defects can arise from various stages of the device's lifecycle, including design flaws, manufacturing errors, inadequate testing, or insufficient labeling.

Common examples of defective medical devices include:

• Hip Implants: Some hip replacement implants have been found to have design flaws or issues with materials that can lead to device failure, tissue damage, or metal toxicity.

• Transvaginal Mesh: Used to treat conditions such as pelvic organ prolapse or stress urinary incontinence, certain types of transvaginal mesh have been associated with complications like infection, erosion, and chronic pain.

• Defibrillators and Pacemakers: Malfunctions in these devices can lead to life-threatening situations such as irregular heartbeats or failure to deliver necessary therapy.

• Infusion Pumps: These devices are used to deliver fluids, medications, or nutrients into a patient's body in controlled amounts. Malfunctions can lead to over- or under-infusion, resulting in serious health complications.

• Surgical Mesh: Beyond transvaginal mesh, surgical mesh used in procedures like hernia repair has been associated with complications such as adhesions, infections, and organ perforation.

• Insulin Pumps: Malfunctions in insulin pumps can lead to improper insulin dosing, causing hypoglycemia or hyperglycemia in diabetic patients.

• Wheelchairs and Mobility Devices: Defective wheelchairs or mobility devices can result in falls, injuries, or malfunctioning brakes, posing risks to users' safety.

• Breast Implants: Some types of breast implants have been associated with complications like implant rupture, capsular contracture, or systemic health issues related to certain materials.

• Surgical Instruments: Defective surgical instruments can break during procedures, potentially causing harm to patients or necessitating additional surgeries.

• Ventilators and Respiratory Equipment: Malfunctions in these devices can lead to inadequate oxygenation or ventilation, posing serious risks to patients with respiratory conditions.

Types of Cases We Handle

Our team has recovered millions of dollars in verdicts and settlements for victims of hazardous prescription medication and dangerous or ineffective supplements.

Who is at Fault in Dangerous Drug & Medical Device Cases?

Regardless of regulations and the safeguards of agencies such as the Food and Drug Administration (FDA), hundreds of dangerous prescription drugs, over-the-counter supplements and medical devices are sold to consumers each and every year.

Manufacturers often rush the testing of their devices, or push off-label uses of their devices to physicians and the public without adequate testing. When this occurs, catastrophic injuries and deaths occur.

Types of Defects

Makers of prescription drugs, nutritional supplements, and medical devices may be held responsible for the resulting harm of their products if those goods reached consumers with:

• A design defect - A flaw in the intended design of the product
• A manufacturing defect - A problem in the production process, such as the introduction of a hazardous substance
• Deceptive marketing - Faulty instructions or exaggerated or otherwise erroneous information about the product and its promoted effects
• Failure to warn - Lack of warning regarding potentially injurious or deadly side-effects

Known Device Defects Ignored for Profit

Sadly, there are often times when a company or manufacturer has specific knowledge of a device’s defect for years, but fails to take action to warn the public. Why? It’s simple-profit.

The top 11 major drug companies raked in $85 billion in profit in 2012 alone. Intuitive Surgical, one of the top medical device manufacturers, saw an annual profit of 30% last year, even though many of their devices have been under fire in recent years for defective designs.

When drug companies and medical device manufacturers know of defects, they have a responsibility to issue recalls, warn the public, warn physicians and medical personnel, and perform additional testing.

Yet many fail to do so, often turning a blind eye to these defects until they are the subject of numerous lawsuits and FDA investigations. Many of these products have gone on to injure thousands of patients and have been responsible for numerous deaths.

How Our Attorneys Can Help

If you or someone you love has suffered harm or medical complications due to a deceptively marketed drug, nutritional supplement, or medical device, you need a law firm on your side with the experience and resources necessary to take large pharmaceutical companies and medical device manufacturers to trial.

These companies often have large legal teams on their side that are dedicated to protecting their bottom lines. As such, you need a law firm on your side who will fight aggressively for consumer rights and who has the resources to tackle even the most complex dangerous drug or defective medical device case.

Our experienced litigation lawyers believe in holding negligent pharmaceutical and medical device manufacturing companies responsible for their actions and we fight aggressively for all our injured clients.

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