|
Throughout the course of its lifespan, many individuals and
organizations have affected the direction that Propulsid has taken. There is
not one person or company to ‘blame’, and it is up to the court system to
determine who pays the compensation to those who have been affected. The most
fair, responsible and informative thing to do here would be to list each of
the major influences on Propulsid and its history, together with information
on how they relate to the drug.
Janssen Pharmaceutica created the drug, and it was marketed by their
parent company Johnson and Johnson. Both companies are responsible for large
areas of their respective markets, with Johnson and Johnson in particular
being one of the world leaders in Pharmaceutical products. Responsibility
lies with these organizations simply because they did not label Propulsid
responsibly, and failed to adequately notify patients and doctors of possible
side effects. As the creators and distributors of the product, Janssen and
Johnson and Johnson are the most likely candidates to be singled out in legal
proceedings.
The Food and Drug Administration are also likely to be involved in
setting the standards that Janssen was to have followed in giving warnings to
the public. In doing so, the FDA would rely on representations made by
Janssen about the purported safety of its drugs. As the name implies, all
food and drugs must pass through rigorous testing by the FDA before it can be
sold in the USA. The testing procedures discovered a number of minor side
effects, but the drug was still allowed to pass. Initially, based on the test
results from Janssen, the FDA decided that it was unnecessary to put warning
labels on the product at launch. This, in effect, left the prescription of
the drug up to the discretion of the doctor involved.
As the actual effects began to become more and more common knowledge,
the FDA had to take note. For example, although the withdrawal of Propulsid
from general sale took place voluntarily by Janssen, the FDA had been putting
pressure on the company for months prior to the withdrawal. Janssen, as an
experienced pharmaceuticals company, acknowledged the damage to its
reputation that prolonging the availability of a dangerous product could do.
In the vast majority of legal cases concerning Propulsid, only Janssen
Pharmaceutica and Johnson and Johnson have been named as defendants. Lawsuits
have been filed in various state and federal courts, and almost all name only
these two organizations as defendants. Although it is possible to cite the
FDA as a negligent party, courts realize that in the release of Propulsid the
FDA simply acted as it should have, and put pressure on Johnson and Johnson
as soon as difficulties came to light.
Do I have a Propulsid Case?
|
 |
