Residents of Louisiana and readers of this blog have likely heard about defective products that cause injuries to the consumers who have purchased them. When a dangerous product leaves one or more individuals with an injury, it may often lead to a products liability lawsuit. The injured party or their loved ones usually file these lawsuits.
Other products that can often cause injury to those who use it are defective drugs. It is important for the companies that manufacture these medications to provide the appropriate warnings to prevent consumer injury. If the company knows of a potential injury or side effect and does not appropriately warn consumers, they may face a products liability lawsuit. The state of Louisiana has recently filed a lawsuit against a drug maker for their decision not to warn consumers of a potentially life-threatening side effect.
The company against which the lawsuit has been filed is Fresenius Medical Care. Louisiana has also filed the suit against the company's almost 100 clinics in the state. The lawsuit claims that two dialysis drugs manufactured by the company knowingly contributed to fatal hear attacks.
The lawsuit claims that the company was aware of these side effects and did not properly warn dialysis physicians, clinics and residents of the state, therefore defrauding them. The state is seeking $5,000 in damages for each violation. They have also asked that the court force the company to pay back all profits they made from the sale of the drug.
The state of Louisiana believes that the company has known for almost 10 years that the products could elevate the bicarbonate levels in dialysis patients therefore increasing the risk of a heart attack. They claim that this is a violation of not only Louisiana's Unfair Trade Practices and Consumer Protection Laws.
Louisiana residents who sustain an injury due to a defective drug or product should know that they may also be able to file a liability lawsuit against the negligent producer or company. The compensation received through a successful suit may be useful in covering medical treatment related to the injury.
Source: Bayou Buzz, "Louisiana sues dialysis drug maker," Mark E. Neumann, July 1, 2014