ST. LOUIS PHARMACEUTICAL

LIABILITY: EVEN OVER-THE-COUNTER MEDICATIONS

PRESENT RISKS If a Manufacturer Fails to Alert the Public to the Potential Risks of Any Type of Drug

or Other Product, the Individual Who Is Harmed by the Drug Can Pursue a Claim for Damages

CAREY, DANIS & LOWE

PERSONAL INJURY ATTORNEYS

Even Over-the-Counter Medications Present Risks Carey, Danis and Lowe, Attorneys at Law 2

Despite regulations intended to protect patients from dangerous medications,

drugs with unexpected and serious side effects frequently come onto the

marketplace. From SSRIs, a type of anti-depressant that can cause birth defects,

to diabetes drugs like Actos that have been linked to bladder cancer, there are

thousands of patients harmed every single year by medications that they expect

to help them.

Unfortunately, the list of dangerous drugs is not limited to prescription

medications only. Even over-the-counter medications can present significant

risks to patients if manufacturers fail to provide adequate warnings about the

risks of the medicine. When a patient is injured by a prescription or over-the-

counter defective medication, the patient has legal rights. An experienced

defective drug lawyer can assist in pursuing a claim for compensation and

recovering monetary damages for losses that the drug has caused.

Even Over-the-Counter Medications Present Risks Carey, Danis and Lowe, Attorneys at Law 3

OVER-THE-COUNTER MEDICATIONS AND TREATMENTS CAN BE

DANGEROUS

Many different types of over-the-counter medications have led to defective drug

litigation. For example, patients

have filed lawsuits based on

problems with Tylenol causing

liver damage, Advil and Aleve

causing birth defects, and

denture creams like Poligrip and

Fixodent causing zinc poisoning

or neuropathy.

Just recently, the Food and Drug Administration issued a new warning about

over-the-counter products that are used to treat acne. As Time reports, the FDA

acted to alert the public of potential dangers in response to receiving reports of

131 different adverse reactions regarding acne treatments. The affected

medications that the FDA has alerted the public about include acne medications

with the ingredients benzoyl peroxide or salicylic acid. Products include:

Neutrogena

Ambi

MaxClarity

Oxy

Clean and Clear

Aveeno

Even Over-the-Counter Medications Present Risks Carey, Danis and Lowe, Attorneys at Law 4

These acne medications include lotions, face scrubs, face washes and cleansing

gels. Unfortunately, when individuals use these products, there is a risk of serious

or even potentially fatal side effects.

Adverse events that have been reported to the Food and Drug Administration

include symptoms that are similar to a severe allergy attack. Approximately 40

percent of adverse event reports included patients experiencing breathing

problems, tightness in the throat, and blood pressure that was lower than a

healthy level. Among this group, some patients also experienced swelling of the

face or broke out in hives, while others collapsed or fainted.

Symptoms associated with a severe reaction to the acne medications generally

begin shortly after the product is used. In approximately 42 percent of problem

incidents, the affected individual had a bad reaction within 24 hours of applying

the acne medication.

There have been no deaths reported yet that have been linked to the use of the

acne products, but the risks are very serious. In approximately 44 percent of

cases, the individual who experienced the severe reaction required hospitalization

to be treated for the medical issues.

Even Over-the-Counter Medications Present Risks Carey, Danis and Lowe, Attorneys at Law 5

The FDA issued a warning about these adverse event reports and about the

possibility of problems for acne medication users because the labels for the

products do not currently warn users of the potential risks that they take when

they apply the products. An FDA spokesperson indicated that the label did not

make patients aware of the dangers and that the warning was intended to ensure

that users of the products would be able to respond appropriately and in a timely

manner if they began to experience an adverse reaction.

Unfortunately, many people assume that over-the-counter products are safe,

especially products that are applied topically. The reality is that a serious adverse

reaction can occur with any treatment that is taken orally or that is applied to the

skin.

MANUFACTURER OBLIGATIONS IN DEFECTIVE PRODUCT CASES

Manufacturers of prescription and over-the-counter medications, as well as other

types of products, must ensure that the items they are releasing to the public are

reasonably safe. Some products and some drugs inherently have risks or have the

potential to cause side effects or harm. When this occurs, it is the obligation of

the manufacturer to provide adequate warning so consumers can make an

informed choice and determine if they wish to proceed with using the product.

Even Over-the-Counter Medications Present Risks Carey, Danis and Lowe, Attorneys at Law 6

If a manufacturer fails to alert the public to the potential risks of any type of drug

or other product, the individual who is harmed by the drug can pursue a claim for

damages. The victim could claim that the manufacturer is liable for failure to

warn.

Victims in defective products may also make a claim based on strict liability,

which means that here is no requirement to prove the manufacturer failed to

fulfill any duty or did anything wrong. If the product was used as intended and it

is defective and unreasonably dangerous resulting in harm to its user, the victim

may pursue a strict liability claim and should be able to obtain monetary

damages.

An experienced defective drug lawyer can assist clients in pursuing a claim after

being harmed by a prescription or over-the-counter medication.

Even Over-the-Counter Medications Present Risks Carey, Danis and Lowe, Attorneys at Law 7

About Carey, Danis & Lowe, Attorneys at Law

Carey, Danis & Lowe exclusively represents plaintiffs in litigation. The firm practices a wide area of personal injury law including trucking accidents, medical malpractice, auto accidents,

motorcycle accidents, product liability, burn injuries, defective prescription drugs, and defective medical devices. Currently approximately 50% of the practice is devoted to prescription drug litigation, including drugs such as Yaz, Pradaxa, Zoloft, Prozac, Lexapro,

Paxil, Celexa, Effexor, Wellbutrin, and defective medical devices including Mirena, Transvaginal Mesh, Depuy ASR Hips, and Nextgen Knees. The remainder of the practice is devoted to

trucking accidents, auto accidents, motorcycle accidents, medical malpractice, and other serious personal injuries.

The firm is headquartered in St. Louis, Missouri, but practices throughout the nation. We have successfully handled cases from coast to coast.

The law firm prides itself on personally handling all cases it takes in, and has the expertise to,

if necessary, try the case to a jury no matter how complex or lengthy. The firm has a successful track record in obtaining large jury verdicts for their injured clients as well as

substantial settlements.

The firm has obtained multi-million dollar verdicts and settlements in personal injury cases, including a $105 million jury verdict involving the explosive separation of a multi-piece wheel

against Firestone which was the largest verdict in Missouri that year, a $13 million verdict against a hotel where a boxing match was held for not having an ambulance on site, a $4.5

million jury verdict against Medical Engineering Corporation for a defective breast implant, a $2 million jury verdict in a medical malpractice case, a $2.1 million settlement involving a

trucking accident, a $1.1 million verdict in a motorcycle accident case, a $1,050,000 verdict in a trucking accident case, a $1 million judgment in underinsured motorist case, and many others.

The firm has also represented thousands of clients in pharmaceutical and medical device cases and recovered over a billion dollars. Some of the settlements and judgments involve Fen

Phen, Baycol, Vioxx, Bextra, Avandia, Paxil, Smith & Nephew Macrotextured Knees, and Depuy ASR metal on metal hips. The firm is dedicated to providing excellent legal representation for

people injured by defective products or in a variety of accidents.

Carey, Danis & Lowe, Attorneys at Law 8235 Forsyth Blvd, Suite 1100

St. Louis, Missouri 63105 http://www.cdlinjurylaw.com

Practice Areas Trucking Accidents / 18-Wheeler Crashes

Pharmaceutical Liability Motor Vehicle Accidents Personal Injury

Medical Malpractice Defective Medical Devices

Even Over-the-Counter Medications Present Risks Carey, Danis and Lowe, Attorneys at Law 8

Commercial Litigation