When you are prescribed with a drug or purchase an over-the-counter medication, you trust that it will help you, not harm you. You assume that the pharmaceutical company that manufactured the drug will clearly list any potential side effects on the packaging, and/or inform your doctor of them. Unfortunately, this is not always the case. Many medications come with dangerous side effects that can cause serious injury or even death. Worse yet, large pharmaceutical companies often know of these dangers, but choose not to disclose them to protect their own financial interests.

If you have been seriously injured because of a dangerous drug, call us today at (614) 766-2000 for a free case review with one of our experienced product liability.

Dangerous Drugs: More Common Than You Think

Every year, pharmaceutical companies manufacture and market hundreds of new drugs. Each product is regulated and approved by the U.S. Food and Drug Administration (FDA) before it reaches the consumer. Even so, over 200,000 people die on an annual basis from using these “approved” drugs. In fact, it is estimated that over 50% of all drugs marketed to American consumers have harmful, damaging effects.

Holding Pharmaceutical Companies Accountable

Like other hazardous products, the manufacturers of dangerous drugs – as well as others involved in their marketing and distribution – can potentially be held liable in Ohio for a dangerous drug if the injured party can prove one or more of the following:

  • Design defect – A problem with the design or formulation of the drug. If the foreseeable risks associated with the drug’s design or formulation exceeds the benefits associated with that design or formulation, then the pharmaceutical company and others may be liable for a design defect.
  • Manufacturing defect – A problem in the drug manufacturing process. If a particular unit or batch of the drug differs significantly from the approved design or formulation, then the pharmaceutical company and others may be liable for a manufacturing defect.
  • Failure to warn – A problem with the marketing of the drug.  If the pharmaceutical company or others fail to provide an inadequate warning or instruction regarding a known risk of the drug causing harm, then the pharmaceutical company and others may be liable for failure to warn.
  • Non-conformance to a representation – A problem with the representation of a drug’s character, quality, or safety.  If the patient instructions or other marketing information about a drug contain inaccuracies justifiably relied upon by the consumer, then the pharmaceutical company and others may be liable for the non-conformance to a representation.

Case Example: Vioxx

We represented a husband and wife, each of whom suffered heart attacks after taking the prescription drug Vioxx. At the referral of their family lawyer, the husband and wife hired Robert W. Kerpsack Co., L.P.A. We filed a class action lawsuit against the drug manufacturer. The lawsuit was transferred to a multi-district litigation (“MDL”) proceeding in the U.S. District Court for the Eastern District of Louisiana. Our clients were designated as the Ohio plaintiff class representatives, and Bob Kerpsack served as Ohio counsel to the Plaintiffs’ Steering Committee.

Experienced Defective Drug Attorneys

Our firm handles a wide range of cases involving dangerous drugs and medical devices, including:

If you have been seriously injured by these or another drug, contact Robert W. Kerpsack Co., L.P.A. online or call (614) 766-2000 for a free case review with one of our Ohio dangerous drug attorneys. We serve clients in Columbus, New Albany, Dublin, and statewide.