Those who have been harmed by prescription drugs may enjoy protections provided by the legal system to victims. A multi-state settlement recently led to an award of $200,000 to the Medicaid program in another state. The award follows a lawsuit against a pharmaceutical company that was alleged to have improperly marketed a drug that was not in accordance with its labeled uses. Astellas Pharma US Inc. has been sued by multiple states and the federal government over its marketing of the drug Mycamine. The total amount of the settlement was $7.3 million.
Although the drug had not been approved by the Food and Drug Administration (FDA) for pediatric use, the drug was still marketed by the company for use by children. The drug company allegedly marketed the drug for use in children from 2005 to 2010. Because pediatric use of the drug was not a "medically accepted indication," or approved use of the drug, it was not covered by federal healthcare programs. Mycamine is an anti-fungal drug approved only for the treatment of certain conditions in adults.
When pharmaceuticals are used in an improper way or marketed by pharmaceutical companies improperly, their use can potentially lead to patient injury. Pharmaceutical injury can then lead to pharmaceutical liability through a lawsuit against the drugmaker. No one wants injuries to result from the improper use of a drug; however, when such a situation arises, drug liability claims may help with the harm that can be suffered by a variety of different types of victims. Pharmaceutical injuries and harm can be potentially significant, which is why legal remedies are in place to protect victims.
Victims injured by pharmaceutical use may have legal options and resources to consider when harmed. A thorough understanding of the rights and remedies that may be available to victims may be able to help with the damages suffered.