New drugs are being developed constantly. In some cases, pharmaceutical manufacturers release these drugs before fully understanding the side effects and long-term consequences of taking the drugs. Often, a drug is already on the market when a serious side effect is recognized due to a consumer illness or injury. Many consumers have suffered from catastrophic conditions, involving the kidney, heart, lungs, or liver. If you have been injured by a flawed pharmaceutical, it may be worth consulting an experienced product liability attorney to explore whether you may have legal recourse. At Neumann Law Group, Kelly Neumann is an award-winning Detroit, Traverse City, and Grand Rapids dangerous drugs attorney who can explore the details of your situation and potentially represent you in a claim. She has obtained more than $3 million for injured individuals each year over the past several years.Holding a Manufacturer Accountable for a Dangerous Drug
Michigan is the only state in the country where drug manufacturers' liability to consumers is drastically limited through broad statutory immunity. This was created in 1996 when Michigan Statute section 600.2946 was passed.
Under the statute, a manufacturer or seller of a pharmaceutical cannot be held accountable in court if the drug in question was approved for safety and effectiveness by the FDA, and the drug and labeling complied with FDA requirements at the time it left the manufacturer or seller's control. However, it is important to be aware that there are two express exceptions. One exception is when a manufacturer intentionally misrepresents or withholds information from the FDA concerning the drug, and the drug would not have been approved (or approval would have been withdrawn) if the information had been submitted. The other exception, which is less common, is when the manufacturer has bribed an official or employee of the FDA for the purpose of getting or maintaining approval for the drug. Establishing fraud requires proof of intentional misconduct, rather than simply a failure to use reasonable care.
The bill has been challenged in many cases. Michigan courts have held that not only product liability but also consumer protection causes of action are barred against drug manufacturers if plaintiffs are unable to prove fraud or bribery, or if FDA approval has not been secured. Nevertheless, while the FDA has approved most drugs on the market that have injured consumers, there are drugs or supplements that injure consumers that are not approved. This makes it important to consult an attorney to find out whether you may have a claim.Consult a Dangerous Drugs Attorney in Traverse City, Grand Rapids, or Detroit
Prior to the enactment of the general immunity statute related to dangerous drugs, consumers needed to prove negligence and breach of warranty in lawsuits against pharmaceutical manufacturers. Although it is harder to obtain justice for harm caused by dangerous drugs now, liability may be established in some situations, and a substantial amount of damages may be available. If fraud has been suspected, a product has not been approved by the FDA, or a drug is also a medical device, you may have a basis for a claim. At Neumann Law Group, our Detroit, Grand Rapids, and Traverse City dangerous drugs lawyers represent people in Petoskey, Warren, Holland, Midland, Muskegon, Saginaw, Wyoming, Kalamazoo, Lansing, Flint, Ann Arbor, and communities throughout the Upper Peninsula. Contact us at 800-525-NEUMANN or via our online form to set up a free consultation with an injury attorney. We also represent victims in California and Massachusetts, where different laws apply in this area.