What to Know When FDA-Approved Medication Makes You Sick

There are many medications approved by the FDA to help treat and manage many diseases and medical conditions. However, no system is perfect, and no two people are the same. Sometimes, an FDA-approved medication may make some people sick. If you believe your medication has caused your newly developed health issues, keep reading to learn more.

The FDA approves and labels all medications and supplements, except for over-the-counter products. The FDA may review some of the active ingredients, but they usually trust the manufactures to follow the protocols. Before a drug can be approved, the manufacturer must run several tests to make sure the medication is safe for animals before moving on to testing it on humans in clinical trials.

Once the pharmaceutical company proves the medication is not harmful and works as intended, the FDA will review the application, which normally takes about six months.

Even though the FDA is responsible for approving medications and stating if they are or not safe, they are protected by sovereign immunity. This is because the FDA is part of the federal government, and with sovereign immunity, you are not allowed to sue any federal, state, tribal, or foreign government.

However, you can sue the FDA, or any governmental agency/worker, if it has waived its immunity, but this only happens in two uncommon circumstances. First, according to the Federal Tort Claims Act, you can sue the government if a person (acting on behalf of the government) committed the wrong. Second, the Tucker act states you may be able to sue if it is included in a contract, and the lawsuit involves the contract.

Of course, you can't just start taking a prescription medication without approval from your doctor. So, can you sue your doctor if the medication they prescribe makes you sick? The answer depends on your doctor's actions. Your doctor assumes an FDA approved medication will work, just like everyone else, so they can't be held responsible if the medication ends up being defective.

However, you may be able to sue if your doctor was neglectful when prescribing the medication. You may not have been told about the possible side effects or the risks related to your current overall health. The doctor also may have neglected to ask about other medications, supplements, etc., you are on to ensure they won't interfere with the new medication.

In most cases, if you are the victim of a defective medication, the manufacturer is held responsible. This is because it is their job to test the drug and make sure it is safe for humans. They also need to ensure they run enough tests to know all the potential side effects.

You can sue for three reasons: the product was defectively manufactured, the product was defectively designed or the product doesn't offer enough warnings or instructions. If you do decide to sue, however, your case may be thrown out if you were properly warned by your doctor/pharmacist of the potential dangers or side effects, and you decided to take the medication anyway.

Just because a medication is approved by the FDA, doesn't mean it won't make you sick. Every person's body and health is different, and some medications just don't work well for certain people. If you would like to know more information about suing for medication that made you sick or even took the life of a loved one, contact ustoday at Wegner and Associates.