What is pharmaceutical product liability?
Product liability is a legal term used to describe a special duty the law imposes on all manufacturers, including pharmaceutical companies. A person injured by some hidden defect in a product while using the product for its intended purposes does not have to prove the manufacturer was negligent in order to receive financial compensation. In fact, even with proof that the manufacturer was not negligent and could not have foreseen the product defect that caused the injury, a legal claim for compensation may still remain valid.
This rule (sometimes called "strict liability" or "absolute liability,") has more to do with social policy than with purely legal matters. The idea behind it is to avoid placing the risk of catastrophic loss on an individual consumer. The manufacturer can purchase insurance to cover such claims, increasing the price of the manufactured product to cover the cost of insurance. In this way, the risk of catastrophic loss is divided among all purchasers of the product.
Additional Ketek FAQs
-
Q:
What is Ketek?
A: Ketek (telithromycin) is a prescription antibiotic drug made by Aventis Pharmaceuticals indicated for the treatment of pneumonia, throat and sinus infections and … More -
Q:
Are there side effects associated with Ketek use?
A: Side effects associated with the use of Ketek include nausea, headache, dizziness, vomiting, and diarrhea. Ketek may cause problems with vision, particularly when … More -
Q:
Has the FDA issued any warnings about Ketek?
A: In May 2006, the FDA recommended that a black box warning be added to the Ketek label, stating that "severe, life-threatening, and in some cases fatal" … More -
Q:
Has the FDA issued a Ketek Recall?
A: While the FDA did not recommended a Ketek recall, there was an investigation to determine whether Ketek should remain on the market. More -
Q:
What actions were taken by the FDA after Ketek was linked to severe liver complications?
A: The FDA approved a labeling supplement submitted by Aventis Pharmaceuticals as a "Changes Being Effected" (CBE) supplement, which highlights the … More -
Q:
If I have been taking a drug that was not prescribed by a physician, do I still have a legal recourse for injuries suffered from these drugs?
A: In a case where no physician prescribed the drug which caused you injury, but instead you purchased it on your own, you may still have a claim against the drug … More -
Q:
Does my doctor need to inform me of all options when it comes to prescription drugs and medical devices?
A: You have the right to be told about all alternative courses of treatment, even if your health insurance may not cover them or you may not be able to afford them. More -
Q:
Can I file a lawsuit if I have been injured as the result of taking Ketek?
A: If you or a loved one has suffered health problems from using Ketek, such as liver damage, you may be entitled to file a personal injury or wrongful death lawsuit … More -
Q:
What is a black box warning?
A: A black box warning, also referred to as a boxed warning, is the most urgent warning mandated by the FDA. It is used to alert consumers of the adverse risks … More
