Call 24/7 (405) 232-1985
Can You Sue After a Drug or Product Injury if It Hasn’t Been Recalled?

When over-the-counter and prescription medications have labeling errors, packaging errors, or design/manufacturing defects that put users at risk, they may be recalled by their manufacturers. The same is true for many other consumer goods. Recalls are done to help prevent further injuries or illnesses from occurring and also to reduce manufacturers’ liability for any harm that people suffer from using their products.

When recalls become public news, especially concerning products that were dangerous to users, the manufacturers of those products may get sued. In some cases, the lawsuits become class-action lawsuits and may involve thousands of plaintiffs and dozens of law firms in states throughout the U.S.

The Absence of a Recall Doesn’t Mean the Absence of Danger

Products don’t have to be recalled to be dangerous. In some cases, dangerous products remain on store or pharmacy shelves for months, years, or even decades while putting millions of people potentially in harm’s way. They may even remain for sale after it’s discovered that they can put people at risk of injuries and illnesses.

So, what happens when people get hurt by products that haven’t been recalled and that can still be purchased at their local pharmacies or supermarkets?

You CAN Sue a Drug or Product Manufacturer Even if Their Product Hasn’t Been Recalled

In many cases, product recalls serve to alert the public of potentially dangerous products they’ve used or that are currently in their homes. But when a non-recalled product causes a person harm, they can still sue the manufacturer, even if neither the U.S. Food and Drug Administration (FDA), the Consumer Product Safety Commission (CPSC), nor the manufacturer have publicized the danger or issued a recall.

For example, many prescription and over-the-counter medications can and do cause patients to suffer serious health problems. They’re still on pharmacy shelves, but thousands of patients have sued the manufacturers for damages they suffered because of them. Examples of these medications include:

There are also plenty of dangerous medical products still on the market that have been subject to countless lawsuits (with more being filed every day). They include:

To Get Compensation, You Have to Prove the Drug or Product Caused Your Injury or Illness

Suing the manufacturer of a drug, medical device, or household product that injured you can be easier if it has already been recalled, especially if the recall cited the specific injury or illness you suffered after using it. However, the lack of precedent, recall, or similar cases doesn’t mean you can’t get compensation for your damages.

All product liability lawsuits require proof that a person’s injury or illness was caused specifically by the product they used, regardless of whether a recall has been initiated or not. That means the burden of proof is the same either way.

Let Us Handle Your Drug or Product Injury Lawsuit

If you believe that you or a loved one were injured by a defective product, it’s important to act quickly. Oklahoma requires that all lawsuits and injury claims against product manufacturers be filed within two years of the date the injuries occurred. But ideally, they should be filed as soon after the injuries occurred, or the illness became diagnosed, as possible. Waiting too long makes product manufacturers more skeptical about the origin of victims’ injuries.

At Parrish DeVaughn Injury Lawyers, we build all defective product lawsuits as if they’re going to court, even though manufacturers often settle out of court. That means we collect evidence that leaves no doubt about what caused our clients’ damages, and we work hard to prove that to the at-fault companies, their insurance providers, and judges and juries if necessary.

Our Oklahoma defective product lawyers are ready to put their experience to work for you. Contact us today for a free consultation of your claim and to get to know our legal team. There’s no obligation to hire after meeting with us, and you’ll never see a single bill from us unless we get money for you.