Can You Sue Your Doctor or Pharmacist if You’re Hurt by a Recalled Drug?

Dozens of drugs are recalled every year by their manufacturers or the U.S. Food and Drug Administration. Most of those recalls are for minor issues, such as packaging or labeling errors. But sometimes, the recalls are due to more serious problems, including contamination, incorrect dosages, or severe side effects and injuries.

When people suffer serious harm after taking dangerous medications, they can file compensation claims against the pharmaceutical companies that make those drugs. But pursuing compensation against the doctors who prescribe their medications or the pharmacists who fill their prescriptions is a different matter altogether.

Suing in this case often depends on whether the doctor or pharmacist in question knew—or should have known—about the recall and potential injuries. Recalls aren’t always immediately or widely publicized, and sometimes recalled drugs remain on pharmacy shelves for days or even weeks. In addition, patients may receive a medication from a pharmacy, only for it to be recalled days later.

When that happens, doctors and pharmacists may not have the capacity to contact every patient who received the affected lot of drugs and notify them before they take them. However, it can also be argued that doctors and pharmacists should frequently check the FDA’s recall notices and read all mail and notifications from pharmaceutical companies, especially if they frequently prescribe or sell a recalled medication.

If you were hurt by a recalled medication and want compensation from your doctor or pharmacist, it’s important to have an experienced drug injury lawyer on your side. At Ferrer, Poirot & Wansbrough, our team knows how to hold drug companies, doctors, and pharmacists accountable when their negligence results in injuries. Contact us today for a free consultation.