A drug recall happens when a manufacturer or the U.S. Food and Drug Administration (FDA) agrees to remove a medication from the market. Sometimes this is done on a voluntary basis, and other times it is ordered by the FDA. If you are filing a medical malpractice claim, the manner of removal may impact it.

Types of Drug Recalls

There are 3 types of drug recalls that can happen. These are based upon the likelihood and severity of potential adverse reactions or consequences.

The most serious is a Class I recall. Medications that are recalled under this have a high probability of causing severe or fatal illness or injuries. 

A Class II recall occurs when a medication may result in temporary or medically reversible illness or injuries. Or if a drug has a small chance of leading to a severe adverse reaction, it may fall under this classification.

The issuing of a Class III recall means that the medication is not likely to cause severe illness or injuries. This is the least likely classification under which a drug would be recalled.

Although drugs have always first been classified before a recall, in 2011 the FDA began a pilot program in which consumers can be notified ahead of time about a recall. These drugs are listed under “Recalls Pending Classification: DRUGS.”

If you have taken a drug that has been recalled, and it led to serious illness or injuries, you may be able to use this information as evidence in your case. You will need to show how the medication caused your health consequences, which may be demonstrated through the drug recall.

Contacting a Louisville Medical Malpractice Lawyer

A Louisvillemedical malpractice lawyer at Gray and White can help you handle every aspect of your medication error claim. If you’ve become the victim of a medication error in Kentucky, contact us today for a free evaluation of your case – 1-888-450-4456 or 1-502-210-8942.
Matthew L. White
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Founder & Partner of Louisville Personal Injury Law Firm Gray & White Law

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