Maryland Product Liability Claims for Failing to Warn of a Product’s Risk

In highly regulated industries like the pharmaceutical industry, medicines typically undergo rigorous testing to ensure the safety of the drug before it goes on the market. But even drugs that have been on the market for years may later prove to be dangerous. Consumers that have been injured after taking a drug they believed to be safe may be entitled to compensation for their injuries through a Maryland product liability claim.

A “failure to warn” claim in Maryland is based on the contention that a defendant failed to adequately warn consumers of the risks involved with a product. In a claim involving a pharmaceutical drug, a manufacturer may be liable for failing to disclose the side effects of a drug or failing to disclose an unreasonably dangerous condition, for example. In general, a manufacturer is responsible for warning consumers of the risks of using a product, unless the risks are so obvious or well known that a warning is not required. Warnings must clear, direct, and easy to understand. Maryland courts will consider the knowledge and expertise of consumers in deciding whether a consumer can reasonably be expected to understand the risks of the product.

FDA Calls for Zantac to be Pulled From Market due to Probable Carcinogen

According to a recent news report, the U.S. Food and Drug Administration recently announced it was calling all manufacturers to pull from the market all ranitidine drugs, better known by the brand name Zantac. They have been routinely used to prevent and treat heartburn both over-the-counter and by prescription. The FDA found that N-nitrosodimethylamine or NDMA, a contaminant in the heartburn medications, is a probable carcinogen.

The FDA found in an ongoing investigation that levels of NDMA in ranitidine drugs increase over time and when stored at high temperatures, pose a public health risk. The FDA said that it did not find unacceptable levels of NDMA in many samples, but because it could not know how a product has been stored, it should not be available to consumers at this time. The FDA said that other drugs approved for the same or similar uses as Zantact do not carry the same risks. Some major pharmacies like CVS and Walgreens had already stopped selling Zantac months ago due to concerns that it might contain NDMA. The FDA advised patients to dispose of the medication according to its disposal instructions, rather than to return it to a location, due to the ongoing coronavirus pandemic.

Have You Taken a Recalled Drug?

If a drug has been recalled that you have been taken, and you believe you suffered an injury from taking the drug, contact an experienced personal injury lawyer to discuss your claim. The Maryland pharmacy error lawyers at Lebowitz & Mzhen, Personal Injury Lawyers, take pride in advocating for the rights of accident victims throughout the Maryland and Washington, D.C. area. Their decades of combined experience will help to guide you through the legal process and reduce the stress on you as much as possible. Call them at 1-800-654-1949 or fill out their online form for a free consultation.

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