Apparently some patches have a cut in the internal reservoir lining due to a manufacturing problem. As a result, anyone who touches a defective pain patch may be delivered a dose of the prescription painkiller fentanyl leading to breathing problems or even an accidental overdose. Fentanyl, the drug contained in the patch, is a potent opioid and a DEA Schedule II controlled substance that is up to 100 times stronger than morphine. It is very difficult for a person examining a fentanyl patch to detect a defect or leak. This can lead to a dangerous situation as exposure to an excessive amount of fentanyl can lead to serious injury or death.
Pharmaceutical products are by nature thought to be safe and effective for their intended use. It is assumed that all necessary testing has been done by the pharmaceutical company before the product is released for sale to public. Pharmaceutical products, especially those sold by prescription have to pass a rigorous pre-market approval process by the United States Food and Drug Administration (USFDA). Once it passes through the approval process, the public assumes that the pharmaceutical product can be safely used for the purpose for which it is intended. If the pharmaceutical product has defects or is contaminated or does not contain warnings about possible adverse effect, it amounts to negligence on the part of the manufacturer.
If you buy a product and you suffer an injury in the course of its proper use, you can seek compensation for the injuries you suffer by filing a claim for product liability with a personal injury lawyer against the manufacturer and other parties along the chain of manufacture of the product.
A product is said to be defective if it causes some injury or damage to a person because of some defect in the product or its labeling or the way the product was used. The manufacturer, and others involved in the chain of commerce involving the products that caused the injury, can often be held liable for injuries caused. The manufacturers of pain patches can be held accountable for design defects and manufacturing defects. A design defect happens when the product formulation is inherently dangerous. A manufacturing defect happens if the manufacturer uses inferior quality, wrong materials, or makes other mistakes while manufacturing the product. Failure to exercise quality control can also be considered a manufacturing defect. Manufacturing defects are defects that were not intended.
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