You might remember the meningitis outbreak in 2012 that was traced back to a compounding pharmacy in Massachusetts; it killed 64 people and made hundreds of others deathly ill with the disease. One of the pharmacists who worked at the New England Compounding Center, Glenn Adam Chin, was arraigned recently on charges of mail fraud, but further charges will most likely be forthcoming in this case. Chin, who was in charge of the clean rooms at the Framingham pharmacy, is alleged to have participated in fraudulently labeling one lot of injectable steroids to be labeled as sterile, when it was, in fact, tainted and caused an outbreak of fungal meningitis that resulted in the deaths of some of those individuals.

This is quite a flagrant example of how dangerous drugs can wreak havoc in people’s lives. You go to the doctor looking for a remedy that will make you feel better but instead you end up receiving a harmful or even deadly dose. The U.S. Food and Drug Administration is responsible for the safety of prescription drugs and medical devices in the United States. However, because the pharmaceutical industry follows a self-reporting system, where the drug companies report adverse side effects of medications to the FDA, they cannot know if a drug is dangerous until it has caused enough injuries in other patients for it to have been reported.

What qualifies a drug or medical device to be labeled as defective?

When the risks associated with a particular drug outweigh its potential benefits this can lead to injuries and then lawsuits. There have been instances where medical device companies have been aware that a medical device is defective, but they allow it to be implanted into the bodies of consumers without adequate testing. Examples of medical devices that were known to be defective include trans-vaginal mesh and artificial hip implants.

How can consumers protect themselves against defective drugs or medical devices?

The manufacture of drugs and medical devices in the U.S. is a multi-billion dollar industry. Pharmaceutical companies and medical device manufacturers owe a legal duty to the end consumer to ensure that their products are safe. However; it is up to the consumers to do their due diligence to protect themselves from potential harm. Some of the things you can do to protect yourself include:

• Reading labels – Put on your glasses and read the fine print that accompanies any new medications your doctor has prescribed. Discuss the questions that will come up with your doctors and ask them to explain anything in the medical literature that you do not clearly understand.
• Checking the Food and Drug Administration website – Has this drug or device been recalled? Are there any safety alerts in effect about the medical device in question?
• Paying attention to media reports – Have you ever been watching the evening news when a report of a product recall is highlighted? Pay attention to those that apply to any of the medications you might be taking or the device you have had implanted.

We understand that despite everyone’s best efforts sometimes coming into contact with defective drugs, as in the case with the tainted steroids, is unavoidable. If you have contracted an illness or suffered adverse effects from prescription medication, or have symptoms of the failure of an implanted medical device, come talk to us. We are experienced defective drug attorneys, and we will fight for your right to fair compensation for your injuries.