The Law Offices of Gregory Krasovsky

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Off-Label Drug Use

The dangerous drug  and medical malpractice attorneys at the Law Offices of Gregory Krasovsky can provide legal advice and representation to individuals and families considering pursuing an off-label drug use lawsuit. In order for a plaintiff to secure a maximum settlement in litigation of a off-lable use of prescription drugs claim, regardless of whether in an individual lawsuit or in a class action lawsuit, it is crucial that the law firm representing you have a competent and experienced team of off-label drug lawyers to guide you through all of the legal hurdles of pharmaceutical litigation. Contact  an off-label prescription attorney today to schedule a free consultation and take your first step to obtaining compensation for losses caused by off-label prescription side effects.

When a doctor prescribes a drug for an ailment that the drug is not officially approved by the Food and Drug Administration (FDA), that doctor is prescribing that drug off-label. This practice is entirely legal because the FDA only regulates medications, but it does not regulate the medical  practice.  Technically, A doctor can use his or her discretion to prescribe any drug to a patient so long as it purportedly cures or treats a given indication. Occasionally drugs are used off-label to treat an approved indication, but in an, as of yet, unapproved age group.

However, a doctor might be held liable in a medical malpractice lawsuit if the medication prescribed did not meet a  standard of care that would be expected from a doctor. If no reasonable, well-educated medical professional would prescribe a certain off-label drug for a given condition then the standard of care has not been met.

There are a number of off-label drug lawsuits because it is illegal for pharmaceutical companies to promote the use of drugs for off-label purposes. If a pharmaceutical company does this, it might be liable for millions, or even billions of dollars. For example, in 2009, Pfizer paid the largest criminal fine ever imposed, $1.3 billion, because it was charged with engaging in off-label marketing of Bextra and other drugs. Subsequently, it had to pay an additional $1 billion in civil penalties as well. If you are aware of off-label drug marketing, you can usually file a whistleblower or Qui Tam claim on behalf of the government.

A number of atypical antipsychotics are often used to treat behavioral conditions for which there is no evidence that these medications have any beneficial effects.  Drugs such as Zyprexa, Abilify, Seroquel, Geodon, and Risperdal are often prescribed for dementia, eating disorders, and even insomnia, even though according to the U.S. Department of Health and Human Services' (HHS) Agency for Healthcare Research and Quality (AHRQ) these medications have no proven benefit. Unfortunately, these drugs also have extremely serious side effects, such as diabetes and tardive dyskinesia.

If you have been injured by the use of off-label drugs you might be able to file a lawsuit against the doctor, who may have acted without applying a proper standard of care, or you might be able to file a lawsuit against the pharmaceutical company that illicitly marketed an off-label drug to doctors. In either case, this off-label law firm can help. Contact one of our pharmaceutical litigation attorneys today to schedule a free and confidential consultation and taken the first step to reclaiming normalcy in your life.


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