How To File A Lawsuit Against Darvon?
Though the FDA has ordered withdrawal of all propoxyphene drugs from the market, there are still many lawsuits filed against Darvon and many are expected to come in near future. Manufacturing company of Darvon and Darvocet, Xanodyne Pharmaceuticals, Inc., has agreed to adhere to the FDA’s demands. Generic manufacturers of the drug are also expected to comply to the FDA order.
Propoxyphene has been linked to deaths from heart complications and death from overdose for years. Many petitions have been filed against it for long, but it took quite a long time to ban this drug. England and other European countries have banned this drug far earlier. FDA took so much time to phase out this drug. In July 2009 FDA tried to regulate Darvon by issuing many requirements and safety norms, but complains against this drug kept pouring. Later FDA recalled this drug in November 2010.
Around 10 million patients are expected to be on this medicine, when the decision of its withdrawal came. Thus there are chances of thousands of cases coming the way. According to the law when a consumer suffers harm from a dangerous or defective product, he can seek compensation in lieu of the damage. Party responsible can be the manufacturer, distributor, supplier, retailer, and other parties.
How to find out if a Party is Liable?
Of all the factors there is one that determines whether the party is liable or not and it is the product defect. Product defect can further be of following three types:
1. Design defect: Design defect means there is a defect in products design, which makes a product unreasonably dangerous from inside even before it is manufactured. In this case the manufacturer is the liable party. But if he has hired a design consultant then the consultant might then be held liable.
2. Manufacturing defect: manufacturing defect means neglect on part of manufacturer, which could make it dangerous, even the design has no fault. In this case, the manufacturer of the final product or even a smaller component could be responsible.
3. Marketing defect (or “failure to warn”): If the public is inadequately warned about the potential dangers of a product, then this defect occurs. Then distributors could also be held liable along with the manufacturer.
Propoxyphene case is likely to have cases based on marketing defect or failure to warn theory. Those patients who suffered heart attacks or other coronary complications due to use of this drug can file a case. They can argue that the manufacturer did not provide sufficient warning of the risks of heart problems after taking this drug. Patients who suffered injury due to a propoxyphene overdose cannot argue on this point as FDA has ordered for new product labeling in 2009, which highlights the danger of overdosing.
How to file a case against Darvon?
Consult a good attorney to file a case against Darvon manufacturers. He can design the case on the basis of harm you suffer. He will be able to prove that propoxyphene manufacturers should have reasonably known about the drug’s potential to cause serious, even fatal, hearth rhythm abnormalities. He can base your case on negligence or failure to exercise ordinary care to keep you safe or misrepresentation of informations. He can also consider charges of false advertising/promotion of a product that provided a false sense of security about its safety as per your case to support your claim. It depends on where you live. This can make your case stronger and help you to seek adequate compensation from the company.
As the safety of Darvon (propoxyphene) has been doubt for long and FDA had ordered regulatory and safety norms for it your case gets stronger. Its company’s fault that it could not comply with the proper safety norms and there are also proven evidences of link between this drug and heart problems. Thus, if you suffer any such severe problem with use of Darvon, you can seek compensation by filing a lawsuit.