Oconee County Georgia product recall lawyers

Oconee County Georgia product recall lawyers

Failures to warn claim

Athens GA Slip & fall attorney

A drug free from manufacturing and design defects can nevertheless give rise to a successful lawsuit if the patient was not properly informed of potential adverse events and other risks due to the use of the drug. The scope of instruction and warning claims has been a complex and continually evolving area of product liability law over the past decade. Pharmaceutical manufacturers often use the learned intermediary defense, which protects the manufacturer if it adequately warns or informs a doctor who prescribes the drug. Recent FDA guidelines can further protect drug makers when they fully inform all adverse events to the FDA and comply with labeling laws. But, the learned intermediary defense may be eroded if the maker engages in direct-to-consumer advertising and may not be taken advantage of by a drug company if the injured party can prove that the warnings on the label were either inadequate or diluted by marketing activity directed to the prescribing physician that encouraged off-label use.—————————-
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