Is Wyeth liable?

Many legal experts think so. In a recent interview, Bryan Aylstock, a Florida attorney whose firm protects the rights of consumers who are seriously injured due to defective drugs such as Prempro, explained why Prempro's manufacturer, Wyeth Pharmaceuticals is liable to consumers. He told us, "It's not fair for the person who's using a product in the ordinary course, and using that product properly, to have to suffer the consequences without any redress if they get hurt. It's not fair for the state, insurance providers or whoever it is who has to pay the medical bills for that person, to take on that responsibility when the manufacturer of that product is making a profit. In this case, the manufacturer is making a very handsome profit by putting that product on the market."

Theories of liability

According to Aylstock, there are several theories of liability, although negligence and strict liability are the most important. He provided the following information:

Negligence

Negligence is the most common because every state recognizes that when someone is at fault and causes damage to another that they should be held accountable. If they knew, or should have known, that what they were going to do was going to cause harm, then they should be held accountable.

Strict liability

Most states have also adopted what's called strict liability, which allows for individuals to bring a cause of action against a drug company when they put an unreasonably dangerous product on the market. It's certainly our position that this is an unreasonably dangerous product and one that they've failed to properly warn about. Every state is a little bit different on this, but strict liability is a principle that courts have espoused for many years now. It states that a drug company or the manufacturer should be held accountable and should bear the risk if a person is injured by an unreasonably dangerous product that was put on the market, and used, for its intended purpose.

However, there are certain hurdles you have to overcome. You have to prove that that product is an unreasonably dangerous product or that the warning that was given for that product was not accurate, clear and unambiguous. If the drug company can prove that their product is not unreasonably dangerous, or that they gave a proper, fair and accurate warning, then they're off the hook. However, if they've failed to do that, then it's their responsibility to take care of the people that were hurt.

Others

In addition, some states still recognize breach of warranty and all states recognize fraud. It's certainly our position that what happened here was fraud perpetrated on the individuals who took this drug.

If you or a loved one has been injured due to the use of Prempro, contact an attorney to discuss your situation. The consultation is free, without obligation and strictly confidential. To contact a qualified attorney whose practice focuses in this area of the law, please click here.

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