What Options Do I Have After Recalled Pharmaceutical Drugs & Supplements?

June 15, 2022

If a pharmaceutical drug or supplement recall has affected you, contact your doctor or pharmacist as soon as possible. They may be able to prescribe or fill your prescription with the same medication from a different batch that was not recalled or another brand. In addition, the pharmacist can recommend a comparable medication if it was an over-the-counter drug or supplement. 

If you suffered an injury or illness due to a recalled pharmaceutical drug or supplement, there are numerous parties that may be responsible for your damages—for example, a manufacturer, testing facility, pharmacy, doctor, hospital, or other medical facilities. 

Where Can I See if a Pharmaceutical Drug Has Been Recalled?

Drug recalls, unfortunately happen often, so it is critical to stay up to date on whether any of your medications are considered dangerous. Recalls are issued by the U.S. Food and Drug Administration (FDA). When a product is deemed unsafe or defective, the FDA issues a recall to remove or correct all affected products available on the market. The reasons for a recall vary and can range from issues with the labeling to life-threatening contamination. 

Are Manufacturers Liable For Recalled Pharmaceutical drugs?

Manufacturers of pharmaceuticals are subject to strict guidelines given by the FDA. Therefore, manufacturers can be liable for injuries caused by recalled pharmaceutical drugs if they deviate from those guidelines. Additionally, manufacturers can often be held strictly liable for dangerous drugs, which means negligence on their part does not have to be established. Instead, victims must only prove that the product contained a design, manufacturing, or marketing defect and that this is what caused their injuries. 

  • Design Defect: An inherent flaw in the medication’s creation, making it unreasonably dangerous compared to its benefits. 
  • Manufacturing Defect: A defect that occurs during the manufacturing process, such as inadequate testing or contamination. 
  • Marketing Defect: The manufacturer or seller failed to provide adequate instructions for the drug’s use or failure to warn about the risks related to its use or any drug interactions. 

In these cases, victims have the right to file a product liability claim to recover damages for their injuries and losses caused by the recalled medication. 

Are Manufacturers Liable for Recalled or Dangerous Supplements?

Dietary supplements can be marketed without the FDA’s approval. This is why all supplements have a disclaimer that states, “This statement has not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease.” The FDA does not have to evaluate these products or their alleged benefits, which is why this warning label is a requirement. As a result, the manufacturer bears the sole responsibility for any harm caused by a recalled or dangerous supplement. 

Consumers are encouraged to report any issues with products by using the Safety Reporting Portal. Examples of problems include serious reactions or illnesses, foreign objects in the packaging, or other apparent quality defects.