A recall is a voluntary action taken by a company to remove a defective drug from the market. Drug recalls are characterized as follows:
Class I: A dangerous or defective drug that could cause serious health problems or death.
Class II: A drug that might cause a temporary health problem, or pose a slight threat of a serious nature.
Class III: A drug that is unlikely to cause any adverse health reaction, but that violates FDA labeling and manufacturing laws.
Whether or not a drug is recalled has no bearing on whether you can file a lawsuit. Evidence that a drug has been recalled may, however, help support your claim that the drug is defective or unreasonably dangerous.
Enjuris tip:The FDA keeps an up-to-date list of all drug recalls. It’s a good idea to check this list before taking a new drug.