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How Do Defective Drug Recalls Work?

When you think of recall, you probably think of food products, electronics, or children’s toys, but medications can be recalled too! This blog will discuss how the recall process works for defective drugs, the different types of recall classifications, and what a consumer can do to protect their health and their rights.

Recalling a Defective Drug

The United States Food and Drug Administration (FDA) is responsible for ensuring that all medications sold in the country are safe and effective. Part of this responsibility includes issuing recalls when a medication is found to be defective, whether that defect is:

  • In its design
  • A result of manufacturing
  • Due to a failure to warn about its side effects

There are three main types of recalls for defective drugs: Class I, Class II, and Class III.

Class I Recall

A Class I recall is issued when there is a situation in which there is a reasonable probability that the use of or exposure to a defective drug will cause serious adverse health consequences or death.

Class II Recall

A Class II recall is issued when there is a situation in which the use of or exposure to a defective drug may cause temporary or medically reversible adverse health consequences, but the probability of serious adverse health consequences is remote.

Class III Recall

A Class III recall is issued when the use of or exposure to a defective drug is not likely to cause any adverse health consequences; however, it still violates manufacturing or labeling laws as dictated by the FDA.

Where to Learn About Current Recalls

Companies usually issue public notification of a recall when the product is widely distributed or poses a serious health hazard. When a company does not publicly announce a recall, the FDA may announce it if it feels that patients will be protected. While not all recalls are announced on FDA.gov, you can still search for any recalls here. Healthcare professionals may also inform you of a recall risk.

What To Do During a Drug Recall

If you have been using a defective drug, it is important to stop using it immediately and speak to your healthcare provider. You may also want to contact an experienced attorney at GoldenbergLaw, PLLC to discuss your legal options and whether you may be able to file a lawsuit against a liable party.

If you have suffered an injury due to a contaminated medication, you deserve to be compensated. Contact our offices today at (800) 504-0281 for a free consultation.


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