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Businesses in the United States have an obligation towards the safety of their customers. If a manufacturer, distributor, marketer or retailer puts out a product that can harm those that use it, common sense and common decency requires that they initiate a recall of that product as soon as possible. There have been several high profile examples of product recalls that have saved lives. Auto manufacturers, makers of appliances, even makers of harmless-looking children’s products have all stepped up and taken action if their products proved dangerous.
But pharmaceutical companies seem to be granted much more legal leeway than other industries. Vioxx, Bextra, and the Ortho-Evra Birth Control Patch were drugs with lethal defects, and they were out on the market for years before the Food and Drug Administration took any effective action. Problems with pharmaceuticals almost never receive the same level of action from the government or the manufacturer. There are bureaucratic procedures that can take years to resolve, and the end result might be nothing more than a few extra lines on a warning label, despite the fact that human lives are quite literally on the line.
The pharmaceutical companies could cut this lengthy process in half by doing an honest and thorough review of their own products, but with the pill business being as profitable as it is, they have very little inclination to alter their own practices. So if a particular medicine turns out to be dangerous, the pharmaceutical companies will take the easiest, least expensive, and most quiet way out.
The latest drug out on the market with dangerous and potentially lethal side effects is an antibiotic called Tequin. Bristol Myers-Squibb developed this drug to treat chronic bronchitis, pneumonia, urinary tract infections, and urethral and cervical gonorrhea. The difference between Tequin and other similar antibiotics is that the active ingredient in Tequin is called Gatifloxacin. Some patients that are prescribed Tequin have had their blood sugar levels dramatically (and sometimes fatally) altered. From January 1, 2000 through June 30, 2005, 388 patients have experienced severe cases of either a severe spike in blood sugar levels (hyperglycemia), or a severe drop in blood sugar levels (hypoglycemia.) Among these cases, 159 patients were hospitalized and 20 patients died.
The FDA’s response to these cases was not to ban the drug outright, but to simply add warnings to the label provided to health care providers. As the cases began to pile up over the years, The FDA kept adding amendments to the label. This occurred in August of 2001, two months later in October of 2001, and October of 2002. Considering that there are other antibiotics that perform the same function without any similar side effects, this appears to be an incredible lack of judgment. On Friday, April 28, Bristol - Myers Squibb announced that it would no longer be manufacturing Tequin, but made no plans to recall all of the anti-biotic that was still available for use. As of this writing, the website for Tequin is “under construction,” with no mentions whatsoever of the problems associated with the drug, or of BMS’s decision to cease its manufacture.
If you or a loved one has experienced severe complications due to the use of Tequin, you have legal options. You were given a drug with a very spotty FDA record instead of one of the equivalent antibiotics that work just as well. The Law Firm of Breit Drescher has years of experience in protecting the rights of Virginians in the Norfolk and Virginia Beach area, and we can ensure that your illness due to the profit-minded and reckless behavior of Bristol Myers-Squibb will not simply be written off. Contact our offices for a free legal consultation today.
Breit Drescher & Imprevento, P.C.
1000 Dominion Tower
999 Waterside Drive
Norfolk, VA 23510
Toll Free: 800.807.6060
Phone: 757.622.6000
Fax: 757.670.3939
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