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Clark Love & Hutson

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The Nationally Recognized Plaintiffs Litigation Law Firm

What is an unavoidably unsafe product?

On Behalf of | May 27, 2021 | Dangerous Drug Litigation |

Pharmaceuticals exist to treat many different medical ailments. A Texas resident may be prescribed several different drugs to treat their medical needs and to help them improve their health. The medications that they are prescribed by their doctors and health care providers are subjected to rigorous study and approval by the Food and Drug administration.

Sometimes, though, medications are approved for use that are unsafe or potentially hazardous. Some of those drugs are dangerous or defective drugs and may be recalled. Individuals who are hurt by them may have legal rights to sue for the recovery of their damages.

However, some drugs passed through inspection and approval for use despite the fact that they present known dangers to patients. These drugs are known as unavoidably unsafe products. This post will discuss the differences between unavoidably unsafe products and dangerous drugs in the context of victims’ rights. No reader should rely on this post for legal advice and all individuals with concerns about dangerous drug-related harm can speak with trusted personal injury attorneys in their communities.

Why unavoidably unsafe drugs are approved for use

Readers may wonder why unavoidably unsafe drugs are approved for use. If they possess dangers that can harm patients, it may seem as though their detrimental outcomes may preclude them from medicinal use. However, many unavoidably unsafe drugs possess benefits that outweigh the potential risks of their known hazards. It may be better for a patient to take a drug with unsafe elements then to go without its therapy for the treatment of their medical condition.

How unavoidably unsafe drugs differ from dangerous drugs

As stated, an unavoidably unsafe product contains known dangers and threats to users’ safety that are recognized and acknowledged as part of their make-up. Dangerous drugs, though, purportedly pass safety checks and standards without their dangerous elements discovered. A dangerous drug is one that should be safe for use in patients but that inflicts harm upon them because of defects.

Past posts on this personal injury legal blog have discussed the types of defects that dangerous drugs can possess. Problems made during their production or deficiencies in their warnings may result in patients suffering serious harm from their use. When a dangerous drug has a defect, a patient may suffer harm before the defect is discovered. Individuals who use unavoidably unsafe products know in advance that they may face risks to their health as a result of using those treatments.

Many pharmaceuticals pose risks to the health and safety of their users. Those that possess benefits that outweigh their risks may be considered unavoidably unsafe products. Dangerous drugs that inflict unknown or preventable injuries upon their users maybe just as the grounds for personal injury litigation. Attorneys who represent victims of dangerous drug accidents can advise their clients on how best to protect their rights.