New Orleans Defective Drug Lawyers

Prescription medications are made to improve health and treat medical conditions. Unfortunately, some drugs cause serious injuries because they contain dangerous defects, were improperly manufactured, or were sold without adequate warnings about known risks.

When pharmaceutical companies place profits ahead of patient safety, the consequences can be devastating.

If you or a loved one suffered harm after taking a dangerous medication, the New Orleans defective drug lawyers at Douglas & London can help you understand your rights.

Because pharmaceutical injury claims often involve complex scientific evidence, extensive medical records, and large corporations with significant resources, it’s crucial to have experienced legal guidance when deciding on next steps.

Contact our personal injury lawyers today to schedule a free consultation.

What Is a Defective Drug?

A defective drug is a medication that causes harm because of a flaw in its design, manufacturing process, labeling, or warnings. Pharmaceutical companies have a responsibility to thoroughly test medications, disclose known risks, and provide accurate information to healthcare providers and patients.

Defective drug claims fall into three categories:

• Design defects
• Manufacturing defects
• Failure to warn

Each type of claim requires a detailed investigation into how the drug was developed, produced, marketed, and prescribed.

Design Defects

A design defect exists when a medication is inherently dangerous due to its formulation. In these cases, the drug may present unreasonable risks even when manufactured correctly and used as intended.

Manufacturing Defects

Manufacturing defects occur during the production process. Examples include:

• Contamination
• Incorrect dosages
• Defective ingredients
• Packaging errors
• Quality control failures

In these situations, the medication differs from its intended design and becomes unsafe for consumers.

Failure to Warn

Allegations that manufacturers failed to adequately warn patients and healthcare providers about known risks are the basis of many pharmaceutical lawsuits.

Drug companies are required to disclose significant side effects, complications, and contraindications. When important safety information is withheld or minimized, patients can unknowingly face serious health consequences.

Dangerous Drugs That Have Been Linked to Serious Injuries

Over the years, numerous medications have been associated with significant injuries to consumers, including New Orleans residents and their families, that led to recalls and large-scale litigation.

Actos

Long-term use of this diabetes medication was associated with an increased risk of bladder cancer. A federal lawsuit brought against manufacturer Takeda Pharmaceuticals in the Western District of Louisiana resulted in a $2.4 billion settlement in 2015.

Avandia

Avandia was prescribed to manage Type 2 diabetes but became associated with an increased risk of heart attacks and cardiovascular complications because using it elevated cholesterol ratios. The manufacturer, GlaxoSmithKline, was alleged to have known about this during clinical trials. In 2012, they agreed to pay a $3 billion settlement, the largest healthcare fraud payment in U.S. history.

Baycol

In 2022, drug manufacturer Bayer paid a $40 million settlement after a whistleblower claimed the company downplayed the risks of Baycol. This cholesterol-lowering medication was withdrawn from the market after it was linked to rhabdomyolysis, a potentially life-threatening condition involving muscle breakdown.

Bextra and Celebrex

Painkiller Bextra was removed from the market after safety concerns about cardiovascular risks and severe skin reactions. Lawsuits alleged that the manufacturer, Pfizer, used improper FDA approval tactics, off-label promotion, and kickbacks in connection with Bextra.

Pfizer also faced widespread litigation over another painkiller, Celebrex. Multiple lawsuits were filed alleging concealed trial data that showed increased cardiovascular risk when the drug was used at certain dosages and for extended periods.

In 2008, Pfizer settled hundreds of class-action lawsuits over Bextra and Celebrex for $894 million. Then, in 2009, Pfizer paid what was then the largest healthcare fraud settlement in U.S. history, $2.3 billion, over Bextra and several other drugs.

Other Pharmaceutical Products

Defective drug litigation can also involve other medications and products, such as:

• Opioids
• Blood thinners
• Hernia mesh products
• Talcum powder
• Weight-loss pills
• Antipsychotic medications
• Birth control products

Every case is unique, and eligibility to pursue a claim depends on the specific facts and medical circumstances involved.

Injuries Caused by Defective Drugs

Defective medications can cause a wide range of health complications. Some of the most common are:

• Heart attack
• Stroke
• Organ damage
• Liver or kidney failure
• Internal bleeding
• Blood clots
• Cancer
• Severe allergic reactions
• Birth defects
• Neurological injuries
• Wrongful death

Some injuries don’t appear immediately. In certain cases, side effects develop months or even years later. Serious complications from prescription medications often require extensive medical evaluation and treatment.

Medical records are important evidence in defective drug litigation, so it’s essential to always document any treatment you receive. Residents of New Orleans can seek care at local hospitals like Ochsner Medical Center, LCMC Health University Medical Center, and LCMC Health East Jefferson General Hospital.

Who Can Be Held Liable for a Defective Drug Injury?

Determining liability in a pharmaceutical case can be complicated and depends on the circumstances of your injury. In some situations, both medical malpractice and product liability issues stem from the same incident.

Drug Manufacturers

Manufacturers are often the primary defendants in defective drug lawsuits. They may be held accountable for:

• Unsafe drug designs
• Inadequate testing
• Failure to warn consumers
• Misrepresenting risks
• Manufacturing errors

Pharmaceutical Distributors

Companies involved in distributing medications throughout the supply chain could also face liability in certain circumstances.

Pharmacies

A pharmacy can be held liable if it dispenses the wrong medication, provides incorrect dosages, or commits a dispensing error.

Healthcare Providers

Doctors, nurses, physician assistants, or other health practitioners may face liability when negligent prescribing practices, misdiagnoses, or medication errors contribute to your injuries.

How Do You Prove a Defective Drug Claim?

Successful pharmaceutical injury claims require extensive evidence and analysis. A plaintiff must demonstrate that the medication was defective and that the defect substantially contributed to the injuries. Evidence can include:

• Medical records
• Prescription records
• Pharmacy records
• Product labeling
• Scientific studies
• FDA safety communications
• Internal company documents
• Expert medical and pharmaceutical testimony

Because pharmaceutical companies often dispute causation, expert testimony plays a central role in these cases. Having an experienced legal team on your side to consult experts and gather evidence can make a huge difference in the strength of your claim.

Douglas & London’s personal injury attorneys are committed to helping the people of New Orleans seek justice from those responsible for releasing unsafe products into the marketplace. We know how complex these cases can be, and we’re prepared to fight back.

Contact us today for a free consultation.

Filing a Claim Against a Healthcare Provider

In some cases, a patient’s injuries result not only from defective drugs but also from negligent medical treatment, such as:

• Prescribing medication despite known contraindications
• Failing to monitor adverse reactions
• Ignoring dangerous side effects
• Administering the wrong medication

When a healthcare provider’s actions contribute to your injury, you may be able to file a separate medical malpractice claim. In Louisiana, a medical malpractice claim must be filed within one year of the date of the negligent act or from the date you discovered it. A mandatory medical review must also be completed before a claim can be filed.

Filing a Claim Against a Drug Manufacturer

Claims against pharmaceutical companies often focus on whether the manufacturer:

• Failed to conduct adequate testing
• Concealed safety concerns
• Marketed the drug improperly
• Failed to update warnings
• Released an unreasonably dangerous product

Large pharmaceutical companies frequently have substantial legal and financial resources. That’s why thorough preparation and investigation are necessary to pursue these claims.

Douglas & London has successfully represented New Orleans residents in a wide range of medical malpractice and drug injury claims. When you work with us, you get an experienced legal team that knows how to handle pharmaceutical conglomerates and medical providers, helping you pursue the compensation you deserve.

Compensation Available in Defective Drug Cases

Victims of dangerous medications may be entitled to pursue compensation for both financial and personal losses, such as:

• Emergency treatment
• Hospital stays and surgeries
• Specialist care
• Prescription medications
• Rehabilitation
• Future medical needs
• Lost wages
• Reduced earning capacity
• Pain and emotional distress
• Diminished quality of life

If a defective medication contributes to a fatal injury, surviving family members may also be able to pursue compensation through a wrongful death claim.

Douglas & London Can Help Defective Drug Victims in New Orleans

Defective drug litigation involves highly technical medical and scientific investigation. Douglas & London works with medical professionals and industry experts to:

• Investigate the circumstances surrounding the injury
• Obtain and review medical records
• Identify potentially liable parties
• Consult expert witnesses
• Calculate damages
• Negotiate with insurers and defendants
• Pursue litigation if necessary

Patients trust pharmaceutical companies, healthcare providers, and regulatory systems to protect their safety. When dangerous medications cause preventable injuries, victims deserve answers.

Contact the experienced drug injury lawyers at Douglas & London today for a free consultation.