Houston, TX personal injury attorney Richard Plezia talks about the liability of pharmaceutical and medical device companies.
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There’s really a lot of different ways a lot of people, and unfortunately, some lawyers think that pharmaceutical companies can share in liability or have liability simply because their drug caused a bad result. That’s not quite true, you have to show that the pharmaceutical company failed to use ordinary care and how you do that is by a defective design of the drug or defective marketing a lot of times. A good example is some of the lawsuits over cholesterol drug they could not be found with a particular problem of Rhabdomyolysis that could not be found in the clinical trials. Yeah, when you gave it to millions of people you were finding a thousand fold increase in injuries as opposed to other cholesterol drugs. And so that’s just one area that pharmaceutical companies can be found liable.
The second is a lot of people believe that the FDA monitors and decides if a drug is safe and that’s not true. The FDA has to rely on what’s reported to them by the pharmaceutical company that wants to make money seeing the drug to find out if there’s a problem. And so you can imagine the number of ways that the pharmaceutical company has to its disposal of getting approved by the FDA but approving a getting a dangerous drug approved