You are probably familiar with TV advertisements for new pharmaceutical drugs on the market, such as those for allergies or heart conditions, among many other ailments. These ads always include a cautionary list of warnings and side effects to consider. Although most viewers don’t realize it, these warnings are actually related to products liability law.
Under products liability law, manufacturers of products, such as food and drugs, must put safe products into the marketplace for consumers to purchase. This means that the manufacturer must abide by safety regulations and properly inspect the products for known dangers and not put any defective products into the market. Where a manufacturer is aware of dangers, they must warn consumers of proper use or potential hazards. This can include adhering a warning label for proper use to the packaging, such as that which we see on chicken at the grocery store. In the case of pharmaceuticals, not only must the drug be safe for use, but the manufacturer must warn the consumer and patient of all known dangers and potential side effects so that the consumer can make an informed choice about the drug they are purchasing and putting into their body. Where the manufacturer fails to warn about dangers of use, they can be held liable for injuries caused in a products liability lawsuit.
According to recent reports by the Cook County Record, one man is suing several drug manufacturers for failure to warn about Plavix’s dangers. The individual filed suit in Cook County Circuit Court against Bristol-Myers Squibb Co., Sanofi-Aventis US LLC, Sanofi-Aventis US Inc., and Sanofi-Synthelabo Inc. in a claim of strict product liability, manufacturing defect, negligence, and failure to warn. The man had been prescribed Plavix, and as a result of taking this drug he has suffered injuries, such as internal bleeding. He argues that the defendant drug manufacturers failed to completely and accurately convey the safety issues of Plavix and misled the medical community about the risks involved with the drug.