Product Liability

Product liability law requires proper labeling, including warnings, adverse effects, and dangers associated with use. For example, prescription drug commercials must list the common side effects of the drug(s) they are promoting. These advertisements should also include information on contraindications, warning people with certain conditions and certain health problems of the increased risk of known side effects.

The reason the pharmaceutical companies provide this negative information on their product is simple: The information is required by law. Product liability law holds the advertiser responsible for the content of its advertisements. Serious injury can result from the failure to provide accurate warnings of danger, whether in commercials for drugs, labeling for household cleaning products, directions for assembling a chair, or a manual for crane operation.

The widely-publicized litigation involving the popular pain killing drug Vioxx® is an example of negligence in product labeling and false marketing. Merck, the manufacturer of Vioxx®, did not properly disclose information it had obtained concerning the long term safety of its drug. Vioxx®, as is now known, had a direct correlation concerning heart attacks and strokes. Merck was aware of these dangers, but failed to provide the information to consumers. Because of Merck's false marketing of Vioxx®, they have been forced to pay millions of dollars to those injured by its product. Perona, Langer, Beck, Serbin and Mendoza has helped many clients seek just compensation from Merck for sustained injuries and deaths.

Many prescription drugs have a similar path to market as Vioxx®. Drugs that are not properly evaluated can cause injury to innocent consumers. Only after years of use do adverse reports from clinical trials begin to surface. When these adverse reports surface, many drugs are recalled or are required to change their labeling to reflect the previously unannounced dangers of the product. Perona, Langer, Beck, Serbin and Mendoza currently has cases settled, pending, or in progress against the makers of numerous prescription drugs, including...

  • Paxil®, Zoloft®, Prozac®, Effexor®, Celexa®, Lexapro®
  • Fen-Phen
  • Fosamax®
  • Yaz® and Yasmin®
  • Accutane®
  • Reglan®
  • Ortho Evra®
  • Digitek®
  • Prempro®