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When Does the FDA Recall a Drug?

"Colson Hicks Eidson is recognized as one of the top litigation firms in the country, handling local, national and international litigation for a wide range of clients." - Chambers USA

May 19, 2016
Colson Hicks Eidson

Miami Drug Defect Attorney on Delayed FDA Recalls

If a drug is found to be defective and causes harm to people who take the drug, the Food and Drug Administration will recall that drug to keep it from hurting others. Unfortunately, FDA recalls are often too little, too late for the many victims of the drug prior to the recall. In this video, Miami pharmaceutical litigation attorney Patrick Montoya explains the reasons why the FDA would recall a drug, the potential effects of defective drugs and looks into off-label use, another growing field in defective drug litigation. Our law office is located in Miami, but no matter where you are located, when you suffer injuries from an unsafe drug, our attorneys are prepared to fight for your recovery.

Video Transcription:

There does not need to be an FDA recall of a drug in order to successfully pursue a claim against a drug manufacturer. Oftentimes, the drug manufacturers are negligent in the design of the drug or the blend of the drug. Sometimes they simply have quality control problems. It may also be a failure to warn about the side effects of the drugs that can oftentimes be serious. Another area we are seeing increasing growth of pharmaceutical litigation is off-label use. Many times, drugs will be manufactured for a specific purpose, say, for example, to stop seizures. Sometimes this seizure medicine may be used for some other type of medical illness or infirmity in somebody. That off-label use can oftentimes be dangerous because it’s untested, but it’s very important for the manufacturer to have been aware of these potential off-label uses. So one of the things that we look at in a pharmaceutical litigation case is what type of off-label uses are going on. Has there been approval of these off-label uses? Are the doctors supporting these off-label uses? For more information, you can contact Colson Hicks Eidson at our website, Colson.com.