In manufacturing and selling pharmaceuticals, companies owe to consumers, a duty to assure that their drugs, medications, and medical devices are reasonably safe when used as intended.
Before selling pharmaceuticals to the public, drug manufacturers are obligated first to understand the drug's dangers and possible side effects and then to assure that the public is informed of the risks.
The means used to inform the public vary with the nature of the pharmaceutical.
Prescription drugs represent a class of pharmaceuticals, the use of which requires the supervision of a learned intermediary, such as a physician.
Before a physician prescribes a pharmaceutical to a patient, the physician is duty-bound to fully apprise the patient of the drug's risks, so that the patient is capable of making an informed decision in determining whether or not to take the drug.
Physicians know that when they prescribe drugs, their knowledge concerning the medication is generally far superior to the patient's.
The drug companies and physicians should thus expect that if their imprudence causes damage, they will be held responsible.
Initial Vioxx testing indicated that the taking drug may have posed serious health risks. Merck decided that more evidence was required and began another study, but in the meantime sold the product to consumers.
If you or your loved ones have been affected by Merck's lack prudence, a Vioxx lawyer can assist you in recovering damages resulting from their negligence.
This informational piece was prepared by Silverman & Fodera. If you would like more information on this topic, call us at (800) 220-LAW1, or use the "Do I Have A Case?" link on this web site.