Drugs need to go through clinical trials before they are authorized for public use. If someone was given a drug that had not been properly tested and they suffered harm, they may have a defective drug case. They would have been exposed to harm due to the manufacturer’s negligence in failing to test the substance to determine if it would be effective or if it would have unforeseen side effects.
But one significant problem that medical experts recognize is that there is an evidence gap when it comes to medical drugs and long-term use. For a patient, drug exposure could last for years or even decades. It is much easier to test medications to see if they are safe for short-term use, such as painkillers that may only be used for a few days or weeks at most. But it can be difficult to test drugs that someone will use for years – or for the rest of their life.
Exceeding median exposure
For instance, in one study, researchers looked at the median exposure to a drug that patients experienced. They then compared this to how long the drugs went through clinical trials. In 17.5% of those cases, the exposure was longer than the trials.
This was often common with drugs that were treating long-term issues, such as nervous system disorders. People who were on medications for heart issues, such as cardiovascular disease, also experienced long-term exposure. A person may go on blood pressure medication for the rest of their life, for example, so even tests that were conducted for a number of years before the drug was released would not be nearly as long as the actual exposure to that patient during practical use.
Defective drug issues
This can sometimes lead to problems when a drug appears safe at first, but then has negative consequences if someone has been on it for a long time. They could suffer significant harm, and may need to know what legal options they can explore at this crucial time.
