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To ensure the drugs and medications we are taking are safe and free from harmful contaminants, pharmaceutical recalls are essential. All forms of pharmaceutical medications and devices are made to improve overall health and save lives, and the recall process is vital to keep these products from causing harm. If a recall was not issued and you were harmed by a defective drug, call a defective products attorney to discuss your legal options.
A pharmaceutical recall is a method of removing or correcting a marketed product(s) – such as vaccines, drugs, or medical devices – when it violates laws the FDA administers. Recalls are a voluntary effort that happens when manufacturers and distributors take accountability and prioritize the responsibility of ensuring the protection of public health. If companies feel that their products present the risk of injury, disinformation, or are defective in any way, it is their job to initiate a voluntary recall.
If manufacturers or importers decide not to recall faulty devices, the FDA may issue a required recall order under the Medical Device Recall Authority.
Recalling products that are already on the market may feel like a daunting task, but when the safety and health of users is threatened, it is a vital step. When a risk to safety is identified, here are the key steps to follow for voluntary recalls.
The very first step that should be taken is identifying if the product presents a health risk, which may mean evaluating product reaction through illness or injury assessments. Any notes or pieces of evidence gathered during this evaluation period must be presented to the FDA. From the report, the FDA will classify the recall into a numerical level:
Receiving a classification will clarify the urgency of the recall process. It also gives intel on the extent to which a recall process must be performed.
Once the health risk is classified, it is vital to establish a recall strategy to be administered. Here are factors to consider including when forming your strategy:
When informed, the FDA will evaluate the proposed strategy and provide feedback to ensure effectiveness. It is important to note that even if the FDA approval is pending, a company can begin the recall process as soon as a strategy is established.
Immediately after a recall is initiated, the FDA must be notified. To be officially determined as a recall, the FDA must establish the extent of the violation, and will ask companies to:
In addition to contacting the FDA, it is vital to send formal recall messages to all parties affected (e.g., distributors, retailers, and healthcare providers). These communications should highlight:
For this step, make sure that any recall letters contain a clear and concise message that uses marks like “URGENT” or “MEDICAL DEVICE RECALL”.
It is essential to monitor the progress of a recall. Effectiveness checks should be updated through confirmations of received notifications, product returns, or cease of use. The FDA may require various levels of checks, depending on the severity of the problem. Status reports should be submitted to the FDA every 2 to 4 weeks. Reports must include:
When a recall is deemed as terminated by the FDA, recall status reports are no longer necessary.
A recall termination occurs when the FDA determines that reasonable efforts have been made to remove or correct products in accordance with the submitted recall strategy. When the risk has been mitigated, the FDA will release a written notification that the recall is terminated.
Making the decision to voluntarily recall a product is never a clear and easy decision, but prioritizing the protection of consumers is important. At Jan Dils Attorney at Law, we are here to help injured consumers who were harmed because of dangerous products that were not recalled or did not issue proper warnings. Contact us to schedule a free consultation to learn what is involved in a potential lawsuit.
To Schedule an Appointment, Call Us Toll Free at 1.877.873.8208 or Email Us for a Prompt Response.
Jan Dils, Attorneys at Law