Columbus Georgia product recall lawyer
Failures to warn claim
Columbus Product liability attorney
A drug without any manufacturing and design defects can nevertheless give rise to a successful lawsuit if the patient was not properly informed of potential adverse reaction and other risks arising from the use of the pharmaceutical product. The nature of instruction and warning claims has been a complex and continually evolving area of product liability law over the past decade. Drug manufacturers generally use the “learned intermediary” defense, which protects the manufacturer if it properly warns or instructs the physician who prescribes the drug. Recent FDA guidelines can further protect drug manufacturers when they fully inform all adverse events to the FDA and comply with labeling laws. But, the “learned intermediary” defense can be eroded when the manufacturer engages in “direct-to-consumer” advertising and may not be taken advantage of by a drug company if the plaintiff can establish that the warnings on the label were either inadequate or diluted by marketing activity directed to the prescribing physician that encouraged off-label use.
———————
We are Columbus GA personal injury lawyers – Georgia car accident attorneys – wrongful death law firm. We represent injury victims in dog bite, car and truck wreck cases, medical malpractice, scarring injury, and spinal cord injury cases.
We offer a free initial consultation to all prospective injury clients.
Columbus Car Wreck Lawyer, Truck Accident Attorney, Personal Injury Lawyer Columbus
http://www.columbus-injury-lawyer.com/
Comments on this entry are closed.