Every year, drug manufacturers release FDA-approved drugs that could eventually be recalled if they do harm to individuals on a significant scale. However, just because a drug has been recalled does not mean that those who used it have standing for a claim against the manufacturer. There must be some type of injury or harm to the end user before potential claim standing is established.
The FDA actually does not have the authority to recall a product, but the organization can influence the process by making the recommendation. The Consumer Protection Agency maintains the database of recalled products that are possibly defective, and those who are injured by usage can then retain legal counsel in pursuing damages.
The recall process
Most manufacturers initiate a recall when it appears they will be facing legal challenges based on injuries to consumers. Defective products are classified by the Consumer Protection Agency when evaluating reported problems, and manufacturers who have significantly harmful products usually make an effort to curb the financial damage by making an effort to correct the situation.
Specific criteria are used when evaluating the level of defectiveness of all questionable products, including marketed drugs. The most serious defective products are Class 1, but most drugs fall into the Class 2 of moderate defects. The minimal category is Class 3, which is usually reserved for drugs that are being evaluated based on sporadic reports of problems.
Anyone in Texas who has had a negative response to taking a recalled drug may want to consult with a defective products attorney. It is best to file as soon as any problem is realized so that responsibility can be pinpointed.