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Pharmaceutical Injuries

The practice of medicine has grown increasingly reliant upon prescription drugs to treat almost every known medical condition. While society has benefited with many novel treatments, the public also bears a significant risk of injury due to the side effects associated with these drugs.

With historical examples like DES and Thalidomide and more recently, Vioxx, the regulatory process does not always detect the full range of harmful side effects associated with the prescribed drug. Often, this is due to fraud or misrepresentations on the part of the drug manufacturer. In an effort to control market share and increase its profits, drug companies have used various tactics to hide the negative side of their products and to promote them to the public in ways not studied or approved. This effort to increase profits has led to tangible harms to the public.

When the drug manufacturer has not acted in good faith, or has expanded its marketing to un-approved off-label use of its drugs, the public should not be forced to pay the cost. Claims for the toxic injuries of these drugs can typically be brought under state common laws, including products liability laws for defective products and the failure to warn. The goal of such a suit is to compensate the victim for his or her injury as well as to deter future conduct within the industry by forcing the internalization of the external costs otherwise placed on the public.

Please contact us to discuss your case.