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While most prescription drugs and medicines pose little danger to users, the consequences of a single defective drug are often catastrophic. Despite the standards and testing criteria of the Food and Drug Administration (FDA), some defective and Dangerous Drugs still reach the marketplace. These drugs often have hazardous and potentially fatal side effects including birth defects, heart attack, heart palpitations, hypertension, insomnia, memory loss, numbness in the extremities, severe cardiac problems, stomach aches, stroke, tremors, and vomiting.  Even if the FDA has licensed a drug, if it ultimately proves harmful, the manufacturer can be found liable for damages. Doctors, nurses, and pharmacists, as “learned intermediaries,” may also be responsible for the harmful effects of drugs, if they have been somehow negligent in their duties. It should be noted that some drugs are considered “unavoidably unsafe.” That is, it is understood that there is an inherent risk in taking the drug, and as long as there are proper warnings, there is usually little basis for a lawsuit. Product liability actions involving Dangerous Drugs usually require the assistance and testimony of experts and are often quite complex.

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    August 07, 2008
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