Prescription Drug Injuries FAQs
What is the difference between generic and brand-name drugs?
Do all drugs have generic equivalents?
What happens when a drug patent expires?
Are generic drugs likely to cause more side effects than brand-name drugs?
How common is prescription negligence?
What if I became sick because my prescription was incorrectly filled?
What are the signs of mental problems associated with Accutane use?
What are the side effects of Vioxx?
My medical product has been recalled. What should I do?
What is the difference between generic and brand-name
drugs?
Very little, but there is often a big difference in price.
Generic drugs are called by their chemical names. A
brand-name drug carries the name assigned by its
manufacturer. The products have the same ingredients. For
example, Tylenol is the brand name for the drug
acetaminophen.
Standard practice and most state laws require that a generic drug be generically equivalent to its brand-name counterpart. That is, it must have the same active ingredients, strength, and dosage form—pill, liquid, or injection. The generic drug also must be therapeutically equivalent — it must be the same chemically and have the same medical effect.
Do all drugs have generic equivalents?
No. Some drugs are protected by patents and are supplied by
only one company. However, when the patent expires, other
manufacturers can produce its generic version. Currently,
about half the drugs on the market are available in generic
form.
What happens when a drug patent expires?
When a drug patent expires other companies may produce a
generic version of the brand name drug. A generic
medication, also approved by the FDA, is basically a copy of
the brand name drug and is marketed under its chemical name.
A generic drug may have a different color or shape than its
brand name counterpart, but it must have the same active
ingredients, strength, and dosage form (i.e., pill, liquid,
or injection), and provide the same effectiveness and safety
as its brand name counterpart.
Are generic drugs likely to cause more side effects than
brand-name drugs?
There is generally no difference in the side effect rates
between generic and brand-name drugs since both have the
same active ingredients. The FDA monitors the safety and
side effect incidence rates for both generic and brand-name
drugs.
How common is prescription negligence?
Prescription negligence results in more than 550,000
injuries and over 100,000 deaths each year, according to the
Journal of the American Medical Association.
I've been taking a drug that was not prescribed by a
physician. Do I still have a possible legal claim for
injuries suffered?
If you purchased the drug on your own, you may still have a
claim against the drug manufacturer. Contact an attorney at
Chalik & Chalik Law Offices to discuss your possible claim.
What if I became sick because my prescription was
incorrectly filled?
In most cases, either a medication is prescribed
that contradicts a medication that the patient is already
taking, or a pharmacist gives an incorrect medication or
dosage. In a situation such as this, pharmacists and/or
doctors would be held liable. If a person dies due to a
medication, a wrongful death case may be filed. If a
medication causes serious illnesses or side effects during
its manufacturing, the drug manufacturer is held
accountable.
What are some of the most common drugs that can cause
serious injury leading to prescription negligence?
While any drug can lead to prescription negligence if
improperly handled, the following list includes drugs that
have been known to cause serious side effects:
- Accutane
- Baycol
- Enbrel
- Meridia
- OxyContin
- Paxil
- Prempro
- Rezulin
- Serzone
- Thimerosal
- Vioxx
- Zyprexa
What is Accutane?
Accutane, known generically as isotretinoin, is a
prescription medication used to treat severe nodular and
cystic acne that has not responded to other treatments. It
was developed and marketed by Roche Pharmaceuticals, a
division of Hoffmann-La Roche, Inc., and approved by the
Food and Drug Administration in 1982. Accutane works on the
oil glands within the skin, shrinking them and diminishing
their output. It is taken by mouth everyday for four to five
months and then treatment is stopped. The anti-acne effect
produced by Accutane can last a year or more after finishing
a course of medication.
What are the signs of mental problems associated with
Accutane use?
Stop using Accutane and tell your provider right away if you
experience any of the symptoms below:
- Start to feel sad or have crying spells
- Lose interest in activities you once enjoyed
- Sleep too much or have trouble sleeping
- Become more irritable than usual
- Have a change in your appetite or body weight
- Have trouble concentrating
- Withdraw from your friends or family
- Feel like you have no energy
- Have feelings of worthlessness or inappropriate guilt
- Start having thoughts about hurting yourself or taking your own life (suicidal thoughts)
What is the most important information that I should know if
my child is being prescribed an antidepressant?
Antidepressants increased the risk of suicidal thinking and
behavior (suicidal) in studies of children and teenagers
with depression and other psychiatric disorders.
What is Celebrex?
Celebrex is a non-steroidal anti-inflammatory drug (NSAID),
manufactured by Pfizer, that is used to reduce pain and
inflammation (swelling and soreness). It can be used to
treat the following:
- Osteoarthritis
- Rheumatoid Arthritis
- Acute Pain
- Menstrual Pain
- To reduce the number of colon and rectum growths (polyps) in patients with a disease called Familial Adenomatous Polyposis (FAP)
- Shown to reduce cancer that happens with FAP
How does Celebrex work?
Celebrex works by inhibiting cyclooxygenase (Cox-2) enzymes
that catalyze the production of prostanoids, substances that
spur inflammation and pain in the body. Celebrex is believed
to halt the production of prostanoids resulting in less
pain, without compromising the homeostatic quality of
cyclooxygenase in the kidneys, stomach, and gastrointestinal
tract, protecting the GI system.
What is Crestor?
Crestor is a pharmaceutical medication that lowers "bad"
cholesterol and triglycerides and raises "good" cholesterol
in the blood. It is manufactured by Astra-Zeneca
Pharmaceuticals.
Who should not take Crestor?
Do not take Crestor if you:
- Have liver problems.
- Are pregnant or planning to become pregnant. Crestor may harm your unborn baby. If you get pregnant, stop Crestor and call your healthcare provider right away.
- Are breast-feeding.
- Are allergic to Crestor or any of its ingredients.
What is Vioxx?
Vioxx is a non-steroidal, anti-inflammatory drug (NSAID) – a
class of drugs commonly referred to as "Cox-2 Inhibitors".
It comes in liquid or pill form, and is prescribed to
relieve the symptoms of osteoarthritis. It can also be used
to treat acute pain in adults, such as those patients who
experience severe pain associated with menstruation. Vioxx
works by blocking COX-2 enzymes in the body that trigger
pain and inflammation.
What are the side effects of Vioxx?
Vioxx side effects may include, but are not limited to,
heartburn, nausea, diarrhea, upper respiratory tract
infection, swelling of the lower extremities (legs and/or
feet), high blood pressure, itching, stomach ulcers or
bleeding, fatigue, vomiting, dark urine and black stools.
In addition to increasing risk of heart attack and stroke, patients taking Vioxx were found to be four times more likely to suffer from heart attack than those taking Naproxen (Aleve). Vioxx is more likely to cause severe intestinal damage, ulcerations and bleeding, blood clots and toxic epidermal necrolysis (a fatal skin disease), than other arthritis pain relievers.
Other health problems include:
- Serious kidney problems that could lead to acute kidney failure.
- Serious liver problems.
- Allergic reactions, such as swelling of the face, lips, tongue, and throat which can cause difficulty breathing or swallowing.
- The FDA reports that Vioxx has also been linked to at least five cases of a non-bacterial type of meningitis, a rare but serious side effect.
My medical product has been recalled. What should I do?
First, talk to your doctor or pharmacist about the best
course of action to take. DO NOT stop taking any medication
without first consulting with your doctor or other medical
professional. There are often alternative medications that
may not have the same side effects as the medication you
were prescribed. Your doctor will be able to advise you of
your options.
If you believe that you have been harmed by a recalled prescription drug, DO NOT throw away the medication or its container. Contact a prescription drug injury attorney at Chalik & Chalik Law Offices. Unfortunately, serious injuries or death can result from:
- Limited medication testing
- Improperly labeled medications
- Misguided/False drug advertising
- Improperly filled prescriptions
Consult with your medical professional to address your healthcare concerns, but consult with an experienced pharmaceutical lawyer to advise you of your legal rights.
What are my rights?
If you, or a loved one, have suffered as the result of a
dangerous prescription drug, you have the right to hold the
manufacturer responsible. Contact a prescription drug injury
attorney at Chalik & Chalik Law Offices. Unfortunately, it
has become a common occurrence for prescription drugs to be
withdrawn / recalled due to serious side effects. Most
medication recalls occur only after numerous patients have
been injured and family tragedies have occurred.
For more information, please see our Prescription Drug Injuries page.
