A recent lawsuit against the maker of Plavix prescription medication raises questions about whether or not the company’s design was defective. It is important to understand how lawsuits like these are evaluated. When a product is defective, it is the duty of the manufacturer to fix or remedy the problem. Manufacturers are held liable for injuries that occur as a result of their products. When a lawsuit is brought forth against a manufacturer, it may be because of one of several reasons. The main reason for lawsuits is a risk of deficiency, known as PLAVIX deficiency.
PLAVIX plaintiffs’ lawsuits have been filed across the country, because of the many deaths and serious medical injuries that have resulted as a result of the use of the drug.
PLAVIX itself has been linked to more than one deaths and brain damage, as well as serious heart problems. Most of the victims were taking the drug when they died. The drug’s label, the manufacturer and distributors have all were ordered to pay personal damages to the plaintiffs in these cases. While the financial compensation for these injuries may seem substantial, the true impact on an individual’s life is usually far worse.
In one recent Plavix lawsuit, for example, a plaintiff received a prescription for the drug and began experiencing gastrointestinal bleeding.
He later learned that he had suffered a heart attack as a result of the drug. His case was ultimately dismissed due to the lack of evidence linking the drug to any negative side effects. This is not an isolated incident, however; according to the American Association of Clinical Endocrinologists, there have been a number of reported cases of cardiac arrest, strokes, kidney failure, aneurysms, congestive heart failure, and other serious heart problems resulting from taking this drug.
One of the reasons these lawsuits continue to exist is the lack of warning the pharmaceutical companies have provided to consumers about the risks associated with using the medications.
According to the FDA, the manufacturers of the drug have provided a “miscellaneous information” about its use for approximately ten years. Despite this information, the FDA continues to regulate the sale of the product. According to the law, if the manufacturers have not provided adequate warnings about the dangers of the drugs, the courts will not require them to do so. However, the FDA has also stated that they are aware of only two instances in which the drug was misused over a five-year period.
One of these two incidents involved the use of a black box warning, which is used by drug manufacturers to indicate the presence of a potential risk or other risk factor for patients.
In this instance, the plaintiff’s lawyer was able to prove that the black box warning was improperly used in this case and was responsible for his client’s death. The other case involved a nurse who, unbeknownst to the company, was allowed to prescribe extremely high doses of the drug to certain patients, causing the patient to suffer brain damage.
According to the plaintiffs’ attorney, Dr. David Craver, the manufacturer of Plavix, knew that there was a risk of the use of the black box warning, yet sold the medication anyway.
Dr. Craver added that the manufacturer knew that there was a low risk of Clopidogrel in such a case, but continued to sell the medication despite knowing that it could cause brain damage and other serious side effects. He further stated that the manufacturers failed to take reasonable steps to warn the public about the possible side effects of the drug, and only offered a non-written, boilerplate form that was insufficient to provide any sort of warning to patients.