Each year, drug companies recall numerous drugs that they have marketed to patients and healthcare providers in the United States. These recalls come despite drug companies’ obligations to thoroughly test new drugs before bringing them to market and despite the U.S. Food and Drug Administration’s (FDA) role in approving drugs and protecting patient safety.

If a drug that you’ve taken has been recalled, it will be important for you to make sure you know what this means for your health. It will also be important for you to make sure you know what this means for your legal rights. Patients who have been harmed by defective drugs are entitled to just compensation, and if you have a defective drug claim, you will want to make sure you do what is necessary to recover the compensation you deserve.

What To Do if a Drug You Are Taking Has Been Recalled

With this in mind, what should you do if a drug you are taking has been recalled? Here are some important tips from the defective drug lawyers at Searcy Denney:

1. Read the Recall Notice Carefully

First, you should read the recall notice carefully. Drug recall notices contain (or should contain) several key pieces of information, and, at this stage, you need to try to learn as much as possible. Some of the most important details to look for include:

• Is the Drug Being Pulled from Healthcare Providers’ and Pharmacies’ Shelves Immediately? Sometimes, drug recalls result in the recalled drugs being pulled from healthcare providers’ and pharmacies’ shelves immediately. These are typically more serious recalls, and this may be an indication that you should stop taking the drug.
• Is the Drug Being Pulled from Healthcare Providers’ and Pharmacies’ Shelves At All? Some recalls are classified as “market withdrawals,” which typically means that they involve “a minor violation that would not be subject to legal action by the FDA.” In this scenario, it may or may not be necessary to stop taking the drug immediately.
• Does the Recall Involve a “Correction” Other Than Physical Removal? While most people think of a “recall” as involving the removal of a dangerous drug from the marketplace, this isn’t always the case. Some recalls involve “corrections,” such as modifying the drug’s warning labels or instructions. These can be equally important for patients who are taking the drug.
• What is the Reason for the Recall? Regardless of the nature of the recall, you will want to try to find out why it is taking place. Have there been reports of serious complications? Was the pharmaceutical company’s manufacturing facility contaminated? Are there other safety-related concerns? These are all important pieces of information that you will want to know.
• Is It a Class I, Class II, or Class III Recall? The FDA classifies all drug recalls as either Class I, Class II, or Class III. Class III recalls are the least serious (involving “a situation in which use of, or exposure to, a violative product is not likely to cause adverse health consequences,”) while Class I recalls are the most serious (involving “a situation in which there is a reasonable probability that the use of, or exposure to, a violative product will cause serious adverse health consequences or death”).

2. Follow the FDA’s Advice If it Recommends Against Taking the Drug

By reviewing the recall notice, you should also be able to find out if the FDA is recommending against taking the recalled drug. If so, you should follow the FDA’s advice, and you should discuss treatment alternatives with your doctor as soon as possible.

3. Schedule an Appointment with Your Doctor if Necessary

Even if the FDA isn’t necessarily recommending against taking the drug, you may still want to consult with your doctor. Your doctor will be able to provide medical advice that is custom-tailored to you—which may or may not align with the FDA’s advice for the public generally. Of course, if you have experienced any side effects or symptoms of potential complications from a recalled drug, you should discuss these with your doctor right away.

4. Keep Your Prescription, the Drug Bottle and Any Packaging

If you have a defective drug claim related to a recalled drug, you will need proof that you took the drug in order to assert your legal rights. With this in mind, you should be sure to keep your prescription, the drug bottle and any packaging or warning labels you still have in your possession.

5. Talk to a Lawyer About Filing a Defective Drug Claim

Issuing recall notices does not protect pharmaceutical companies from liability for selling defective drugs. To the contrary, recalls often provide patients with clear legal rights, and defective drug recalls spur mass tort litigation in many cases. If you have questions about seeking just compensation for complications from a recalled drug, you should speak with a lawyer as soon as possible as well.

How to Find Out if a Drug is Subject to a Recall

Are you unsure whether a drug you are taking (or that you have taken in the past) has been recalled? If so, you can check on the FDA’s website. The FDA maintains a searchable database of drug recalls that it updates as soon as new recalls are issued.

IMPORTANT: Not All Dangerous Drugs Get Recalled

While it is important to know if a drug you are taking (or that you have taken in the past) is subject to a recall, it is equally important to understand that not all dangerous drugs get recalled. Sometimes, pharmaceutical companies refuse to comply with the FDA’s recall requests, and sometimes, recalls don’t come until it is already too late. Even if your medication hasn’t been recalled, you could still have a claim, and we still strongly recommend speaking with a lawyer if you have experienced serious side effects or complications.

Request a Free Consultation with a Dangerous Drug Lawyer at Searcy Denney

If you would like to speak with a defective drug lawyer about your legal rights, we invite you to get in touch. To arrange a free consultation as soon as possible, please call 800-780-8607 or tell us how we can reach you online today.

The post Dangerous Drug Recalls: Protecting Yourself from Medication Risks appeared first on Searcy Law.