Recalls on any product are a scary phenomenon, especially when that product is something you need for your health.
If you watch cable TV or listen to the radio, you’ve probably heard the legal ads about the blood pressure medication recall list. “If you’ve taken any of the following medications, and that medication was recalled, you may qualify for legal compensation!”
If you take (or have taken) the drugs in question, your main question will be how valid these ads are. Can you sue over recalled medication? Do you have a justifiable case?
If your medication has recently been recalled, here’s what you need to know if you want to pursue legal action.
Can You Sue Over Recalled Medication?
Before we get into whether or not you should sue over a medication recall, we need to determine whether or not you can.
In other words, the short answer to the question is “yes”. If your medication was recalled for contamination or any other reason, you qualify to sue for malpractice.
That doesn’t mean the process is easy, though. Depending on who issued the drug recall and when pursuing litigation may cost more time and money than it’s really worth.
Medication recall lawsuits depend on several other factors, too. One of the most important is the nature of the recall. For example, you’ll have a much easier time filing a lawsuit against a Category 1 Recall (i.e., the use of the medication could result in death or serious injury) than you would a Category III Recall (i.e., no serious adverse effects).
Who Issues Medication Recalls?
If you’ve decided to sue because your medication was recalled, your first step is to take note of who issued the recall.
Medication recalls can come from the following sources:
- The U.S. Food and Drug Administration (FDA)
- The pharmaceutical company that created the drug
- The pharmacy or chain of pharmacies that issued the drug
- The physician who prescribed the drug.
An individual physician is always liable for a drug recall if they’re the ones who issued it. This is true whether or not they issued the recall because a higher authority commanded or advised them to. If your physician was in any way involved in the recall, then, you probably have a decent case against them.
The same is not true if the FDA or a pharmaceutical company is the only party to issue the recall. In these cases, you’ll find it difficult, if not impossible, to sue for compensation.
How to Sue Over Recalled Medication
Before you file a lawsuit over recalled medication, you must ensure that you are eligible. This means checking whether or not your case falls within the statute of limitations.
In most cases related to malpractice, the statute of limitations is 2 years. However, in some cases, it may be longer or shorter.
If you’re unsure about whether or not you meet the statute of limitations, your next step should be to consult a medical malpractice attorney. This should also be the first step in your process of filing a claim.
The process of finding the right attorney or legal process can be difficult. The good news is that several committees have risen up to help those who wish to pursue legal action because of medication recalls. For example, those affected by the Zantac recall can find helpful resources from zantacsettlement.org.
After you’ve met with an attorney and received their guidance, you should file a Letter of Intent to Sue. Along with this, you must file an affidavit of merit, which summarizes your case and ensures its validity.
Should You Sue Over Recalled Medication?
The answer to this question depends on the advice you receive from your malpractice attorney. Even if your case falls within the statute of limitations, it may be more costly and time-consuming than it’s worth.
If you’re filing a joint lawsuit as part of a committee, however, your odds are much better. Better yet, you won’t be solely responsible for the associated court or filing fees. In these cases, filing over recalled medication is a win-win scenario.
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