The pharmaceutical industry has unique challenges and concerns that are important to understand when facing a pharmaceutical liability lawsuit. A decision to dismiss sixty-seven claims against drug makers for alleged injuries due to the use of prescription painkillers Darvon and Darvocet was recently made. Design defective laws throughout the U.S. had been invoked by those bringing the lawsuits. Claims included that generic drug makers misbranded the drugs and claims against the brand-name drug makers included that misrepresentations were made to doctors prescribing the painkillers. Of a total of sixty-eight claims, the court permitted only one to proceed.
The two painkillers were removed from the U.S. market in 2010. The U.S. Food and Drug Administration pulled the drugs after a study suggested that the use of the painkillers might lead to heart rhythm abnormalities. Of the lawsuits that were dismissed, one was allowed to proceed. A woman in a southern state claiming use of the drugs led to her husband's cardiac failure was allowed to proceed. The court found that the other misrepresentation claims would not hold up in the U.S. jurisdictions in which they had been brought and that the generic maker's claims were dependent on the adequacy of drug warnings.
Developing drugs that save and improve lives can be an enormous and costly undertaking. Because of this, pharmaceutical companies must employ effective and efficient defense strategies to pharmaceutical liability lawsuits they face. Oftentimes, pharmaceutical companies are positioned against the recruitment of those seeking to bring a pharmaceutical liability lawsuit which makes the preparation of a careful and well-thought out defense strategy essential.
Understanding the pharmaceutical industry, and the context in which it operates, can be important when preparing a defense strategy to accusations of pharmaceutical liability for a defective drug or otherwise. Armed with this understanding, pharmaceuticals can better execute a successful defense.