Prescription and over-the-counter medications can be dangerous for a variety of reasons. It could stem from the risk of a serious adverse reaction, contamination or misuse. Less common—but no less hazardous—is when a medication contains foreign particles. This is what led to a recent recall of Johnson & Johnson’s Motrin Infant Drops Original Berry Flavor half-ounce bottles.
The fever-reducing, pain-relieving medication designed for babies may contain small plastic particles. About 200,000 bottles of the original berry flavor were pulled from the shelves after the discovery of PTFE (plastic used in Teflon coatings) about the size of a poppy seed (one millimeter in diameter) in a different product lot that was not released to the market.
A third-party supplier was responsible for this part of the manufacturing process. Johnson & Johnson indicates that it’s not clear if the recalled bottles actually contain plastic particles.
Liability When a Prescription or OTC Medication Causes Injuries
The good news is that so far there have been no reports of illness or injuries. But this isn’t always the case when a medication is contaminated in some way or when there are other problems that make a drug dangerous.
Oftentimes it’s the drug maker who is responsible for a medication that causes serious illness or injuries. But liability can include others in the chain of distribution. A third-party supplier is just one example.
The following are other parties in a medication’s chain of distribution who claimants may hold liable:
- shipper;
- wholesaler;
- distributor;
- re-packager;
- retailer;
- medical institution;
- physician; and
- pharmacy (clinic, hospital, chain drug store).
Establishing liability in a dangerous drug claim can be very complicated and requires proper evidence. Consult an attorney to learn which legal options may be available. Call Gacovino, Lake & Associates at 800-246-4878 to set up an appointment.
