Most drugs and medical devices are intended to improve a patient's health. However, a defective drug or device may cause serious side effects, illnesses, or even life-threatening medical conditions. Often, unsafe drugs and medical devices stay on the market for years after they injure consumers. Sometimes manufacturers voluntarily recall a product after an issue is found because they want to avoid further injuries or liability. However, at times, they may not issue recalls unless they are forced to do so by the Food and Drug Administration (or the Consumer Product Safety Commission). People who have been hurt by a recalled drug or medical device may wish to retain a product liability lawyer to bring a claim. If you are wondering about your legal options, the Savannah defective drug attorneys at the Suthers Law Firm may be able to answer your questions and provide representation.Holding a Manufacturer Accountable for Recalled Drugs or Medical Devices
Drug manufacturers may be held strictly liable for injuries arising out of a defective or dangerous pharmaceutical. You will need to establish that the drug or medical device had a manufacturing, design, or marketing flaw that made it unreasonably dangerous. For example, some transvaginal mesh implants degrade and become embedded into nearby tissues, causing complications like erosion or organ perforation. You may be able to allege a design defect or a marketing defect in a lawsuit if you have been injured by transvaginal mesh. Often, it is necessary to retain an expert to testify that the product is defective, but sometimes a recall may be used as evidence related to the case.
Product recalls may affect goods that people use on a daily basis. They are issued to warn consumers of product hazards, and they may be widely covered by the media. Often, however, medical device recalls are issued to physicians, who are expected to pass along these warnings to patients under the learned intermediary doctrine. The doctor is expected to review whether the benefit of a device to a patient outweighs the risk of the product as described in the recall. If a doctor does not let a patient know about a recall, and the product injures the patient later, the doctor may be liable in a medical malpractice claim.
You may be wondering whether a recall may be used as evidence of a defect. There are a number of objections that defendants may make to avoid having their recall letters used against them in a product liability lawsuit. For example, a distributor may argue that the recall letter is hearsay, which means that it is an out-of-court written statement by the manufacturer that should not be used against the distributor. However, in some cases, a recall notice may fall into an exception to the hearsay rule. It may be considered a statement against interest or an admission by the manufacturer that a product is defective.
Georgia follows the rule that if subsequent remedial measures are taken, such as a voluntary recall, evidence of the subsequent measures may not be used to prove negligence or defects in the product or the need for a warning or instruction. However, the recall may be admitted for the purpose of showing ownership, showing the feasibility of precautionary measures, or impeaching a witness. Involuntary recalls are not considered subsequent remedial measures.Explore Your Options With a Defective Drug Attorney in Savannah
If you have received a letter from a doctor or pharmacist indicating that a drug or medical device that you have been prescribed has been recalled, you should consult a personal injury attorney. Product liability law is complex, and it is important to talk to an attorney about whether you may have a claim, since the injuries arising out of defective pharmaceuticals and medical devices may be quite serious. The Savannah defective drug lawyers at the Suthers Law Firm may be able to represent you in a product liability lawsuit for damages. Our firm also assists injured people in Atlanta, Watkinsville, Norcross, Lawrenceville, Roswell, Athens, Marietta, Stone Mountain, Decatur, Pooler, Brunswick and Statesboro, and other communities in Oconee, Gwinnett, Clark, Cobb, DeKalb, Fulton, Chatham, Glynn and Bulloch Counties. Contact us by calling 1-800-320-2384 or completing our online form to set up a free appointment.
Please see below for the types of cases that we have handled: