Not everyone realizes how much marketing defects can lead to severe consequences for consumers. A medication marketing or label defect can mean a variety of things, and all it takes is a simple mistake or failure to include certain details on a medication label to cause a severe reaction. Talk to a Jackson pharmaceutical product lawyer to figure out whether you can sue for any harm you suffered as a result.
Medication Marketing Defects
The Food and Drug Administration (FDA) reviews medications each year before they are released on the market to reduce medication errors. However, medication errors still happen in the thousands each year in the United States. Some of these errors are caused by marketing defects like:
- Labeling errors
- Failure to list side effects or drug interactions
- Failures to warn consumers of risks
- Inadequate instructions for safe use
One minor error like a misspelling, omission of a detail, or use of the wrong number can result in drastic harmful effects from certain medications. For example, the failure to list one potential allergic reaction could result in a life-threatening reaction to the medication. This is why the FDA has certain standards for medication packaging and labeling:
- Package design that reduces improper use
- Rules for prescribing information on medication labels
- Clear directions for proper medication use
- Simplification of dosage labels
The FDA requires medication companies to store the medication in the expected containers. For example, the FDA does not want medication companies to sell topical creams in containers that look like nose spray. This is done to prevent consumer confusion about how to use the product and what the product is.
Medication labels should include dosage strengths, instructions, directions for prescribing, side effects, potential drug interactions, and safe use of the medication. A marketing defect could be present if a medication is missing one of these details and harm results.
How to Sue for Marketing Defects
You might be able to sue for a medication marketing defect if the defect caused you significant harm. This means harm to your physical health. By filing a product liability claim, you could be eligible for compensation to cover any damages you suffered in:
- Monetary costs for the medication
- Physical harm or injuries
- Psychological distress or harm
To be compensated, you must prove the marketing defect that caused the harm you suffered. A marketing defect ranges from improper instructions to mislabeling and failures to warn consumers of potential dangers. Keep the medication bottle and label intact as evidence of the marketing defect.
Obtain copies of medical records that support any injuries or harm you suffered from the medication. Try contacting a Jackson defective product lawyer to see what legal steps are needed to file your claim.
Pharmaceutical Product Attorney in Jackson
Finding out your car accident claim was rejected can be disheartening. Start by contacting the Germany Law Firm, PLLC today at (601) 487-0555 to speak with a Mississippi defective product lawyer for a consultation. Our team of attorneys can help you obtain compensation for emotional distress and medical costs.