The Food and Drug Administration (FDA) has been sued for allegedly failing to turn over documents pertaining to the use and distribution of the morning sickness drug thalidomide. Attorneys filing a birth injury lawsuit against the companies involved with the drug claim they repeatedly requested the documents, but have not received them.
The lawsuit the records pertain to claims the defendants withheld evidence proving that the morning sickness drug caused birth defects. The complaint also claims that Smith Kline & French (the predecessor to GlaxoSmithKline) distributed thalidomide to more than 20,000 people even though the drug never received FDA approval.
We discussed in a previous blog how it is sometimes difficult to know the full range of side effects for each new drug that is introduced to the market. As unfortunate as it may seem, it can sometimes take a wave of birth defects to indicate a dangerous drug. Sometimes government organizations, like the FDA, are able to curtail the damage. However, there are times when the FDA fails to act. When this happens, it may require litigation on behalf of victims to implement change.
Cappolino Dodd Krebs, LLP – birth trauma attorneys
